HomeMy WebLinkAboutOrdinance No. 2007-04 (Title: An ordinance providing that the height limitations for buildings and structures
{ � within a planned unit development district shall be as set forth in the ordinance
authorizing such planned unit development.)
ORDINANCE NO.2007-04
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
SUBPARAGRAPH b OF PARAGRAPH 3 OF SUBSECTION Q OF
SECTION 7 THEREOF AND SUBSTITUTING THEREFOR A NEW
SUBPARAGRAPH b; PROVIDING THAT THE HEIGHT LIMITATIONS
FOR BUILDINGS AND STRUCTURES WITHIN A PLANNED UNIT
DEVELOPMENT DISTRICT SHALL BE AS SET FORTH IN THE
ORDINANCE AUTHORIZING THE PLANNED UNIT DEVELOPMENT;
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. Appendix C of the Code of Ordinances of the City of Friendswood, Texas,
said Appendix C being the City's Zoning Ordinance, is hereby amended by deleting the text
contained in brackets and adding the underlined text in Subparagraph b of Paragraph 3 of
Subsection Q of Section 7 thereof, as follows:
"3. Area and height exceptions.
b. A building or structure may not exceed thirty-five (35) feet in
height measured from the minimum habitable floor elevation,
provided however; that:
(1) Buildings or structures in Community Shopping Center
(CSC), Original Business District (OBD), Neighborhood
Commercial (NC), Office Park (OPD), Light Industrial
(LI), Industrial (I), Business Park (BP) [and Planned Unit
Development (PUD)] districts may exceed thirty-five (35)
feet in height when:
(a) The building setback from the nearest property line
is equal to the building height. Further, the building
or structure shall fit under an imaginary line that is
not greater than 45.0 degrees at the property line
from a horizontal line established at the minimum
habitable floor elevation. Provided however, no
building or structure on property adjacent to a
residential zone shall have a height that exceeds
fifty feet (50') unless a specific use permit shall
have been granted therefor in accordance with
Section 9,G of this Ordinance.
(b) The minimum setback for any building or structure
in Community Shopping Center (CSC), Original
Business District (OBD), Neighborhood
Commercial (NC), Office Park (OPD), Light
Industrial (LI), Industrial (I), and Business Park
(BP) [and Planned Unit Development (PUD)]
which is greater than thirty-five (35) feet in height,
shall be one-hundred (100) feet plus the building or
structure height from the nearest property line of
residentially zoned land.
(c) The minimum setback for buildings or structures
taller than thirty-five (35) feet shall be that which
provides the greatest distance from the nearest
property line of residentially zoned land, as
determined by either(a) or(b) above.
(d) Buildings or structures of thirty-five feet or less in
height shall meet the setback requirements as
defined in this Appendix.
(2) Primary structures in SFR and SFR-E residentially zoned
districts with a minimum lot frontage of one-hundred-
twenty (120) feet and minimum lot area of 15,600 square
feet may be up to forty (40) feet in height measured from
the minimal habitable floor elevation provided however
that all the setback requirements as defined in this
Appendix will increase five (5) feet for the primary
structure.
ORD 2007-04 2
Exceptions: Structures located within a General PUD
or PUD-Mixed Use shall be exempt from the height,
limitations contained herein. Height limitations for i
buildings or structures located within a General PUD or'
PUD-Mixed Use application will be as established in the
Ordinance authorizing and approving the Planned Unit
Development."
Section 2. Any person who shall 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 circumstances shall for any reason be
I
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,
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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 and APPROVED on first reading this 19th day of March 2007.
PASSED, APPROVED, and ADOPTED on second and final reading this the 2°d
day of April 2007.
David J. H. Smith
Mayor
ATT T:
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De oris McKenzie, TRMC v Oo
City Secretary
4TEOF �
ORD 2007-04 3