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HomeMy WebLinkAboutOrdinance No. 2006-16 (Title: An ordinance amending the City's Zoning Ordinance to amend regulations governing the placement of swimming pools and swimming pool pumps, filters and heating equipment.) ORDINANCE NO.2006-16 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY DELETING THEREFROM ALL OF SUBPARAGRAPH ��b" OF PARAGRAPH 4 OF SUBSECTION J OF SECTION 8 AND SUBSTITUTING THEREFOR A NEW SUBPARAGRAPH ��b"; PROVIDING THAT SWIMMING POOLS SHALL BE PROHIBITED WITffiN A REQUIRED FRONT OR SIDE YARD, BUT MAY BE ERECTED WITHIN THAT PORTION OF A REQUIRED REAR YARD THAT IS NOT NEARER THAN FIVE FEET FROM THE REAR PROPERTY LINE; PROVIDING THAT SWIMMING POOL PUMP, FILTER, AND HEATING EQUIPMENT SHALL BE PROHIBITED WITHIN A REQUIRED FRONT YARD, BUT MAY BE LOCATED WITHIN A REQUIRED SIDE OR REAR YARD IF NOT NEARER THAN FIVE FEET FROM A SIDE OR REAR PROPERTY LINE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. � � * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19t" day of November, 1984, same being Appendix C of the Friendswood City Code, and also being the zoning ordinance of the City, is hereby amended by deleting all of Subparagraph "b" of Paragraph 4 of Subsection J of Section 8 thereof, which provides as follows: [b. A pool may be located anywhere on a premises except in the required front and side yard, and shall not be located within any yard setback required under the terms of this ordinance, provided that the pool's pump and filter installations shall not be located closer than five feet to any property line of the property on which it is located. A pool is considered an accessory structure under the terms of this Ordinance, and is subject to all requirements and restrictions hereunder.] and substituting therefor a new subparagraph"b,"to provide as follows: "b. A swimming pool shall be deemed an accessorv structure under the terms of this Ordinance, and shall, except as otherwise specifically provided herein, be subject to all requirements and restrictions hereunder. A swimming�ool may be erected within a rec�uired rear yard provided it is set back no closer than five (5) feet from anv rear lot line, but shall not be erected within an�quired front or side vard. Swimmin�pool pum,�l filter, and heatin�equipment may be located within a required side or rear yard, but not nearer than five (5) feet from any side or rear propert.��." Section 2. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section 3. In the event any clause,phrase,provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas,declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. PASSED,APPROVED on first reading this lOth day of July 2006. PASSED,APPROVED, and ADOPTED on second and final reading this the 24th day of July 2006. . H. Smi h Mayor ATTEST: � FR'���} , �' �►° s`o' u o Deloris McKenzie, T C � * City Secretary �, �RrF OF � Ord.2006-16 2