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HomeMy WebLinkAboutOrdinance No. 2007-18 (Title: An ordinance amending the zoning ordinance of the City by abolishing the Original Business District zoning classification and creating a new Downtown Zoning District; and providing other matters relating to the subject.) ORDINANCE NO. 2007-18 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 ABOLISHING THE ORIGINAL BUSINESS DISTRICT ZONING CLASSIFICATION AND PROVIDING FOR THE CREATION OF A DOWNTOWN ZONING DISTRICT; PROVIDING RULES AND REGULATIONS GOVERNING THE USE OF LAND WITHIN THE DOWNTOWN ZONING DISTRICT; PROVIDING A PENALTY IN 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 19a' 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 as set forth below. Words being deleted are enclosed by brackets with strikethroughs, as follows: "[deleted]." Words being added are indicated by underline, as follows: "underline." A. Subsection I`of Section 2 is hereby amended as follows: L [eBD Original Business Distriet] I. DD Downtown District B. Subsection I of Section 7 is hereby amended as follows: OBDL,er bs' ial husineff i&s&c, generalptpose a;;d doscrs'pilvri. The original business district is intended to neeommodate Friendswood's the�, f business diRtr-opt requires appr-oval of a development site plan by the planning and zoning eommission 1 A....a and height regulations. Area and height regulations i ORDe originale a set forth in seetion 7 Q.2, Regulation Matr-ix. 3. See seetien 8 for-supplementary distr-ietiegulations. eemplianee that may be gFanted by the administrant-i-we offieial and speeifie use—permits that be r-eeemmended by the planning and zoning eommission and-eonditions. 4. Permitted uses. uses permitted 'n—.� ^.�ri'nal business d' t t t f Ah in seetion 7 Df Permitted Use Tablel L Downtown District (DD), general purpose and description —This district is designed to accommodate and promote Friendswood's original business and downtown areas area. It is intended to achieve a balance of retail, commercial, office, and residential and public activities. Development within the DD should be pedestrian friendly with an emphasis on shared parking and shared access between developments. Development within the DD requires the approval of a development site plan by the Planning and Zoning Commission. 1. Area and height regulations. Structures within the DD are intended to be between 1 to 4 stories. The maximum height allowed is 70 feet measured from the minimum habitable floor elevation. Additional regulations are set forth under Section 7, O. 2 — Regulation Matrix. a. No residential use shall be allowed on the first floor 2. See Section 8 for Supplementary District regulations 3. Permitted uses. Uses permitted in the DD, Downtown District, are set forth in section 7-P, Permitted Use Table ORD.2007-18 2 C. Paragraph 2 of Subsection P of Section 7 is hereby amended as follows: 2. Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only obtaining a specific use permit as set forth in section 9-G. No primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. The letter "0" in the [OP-D--] zoning district column means that the permitted use is for office functions only. Parking requirements are in section 8-F. The letters "NP" in the PUD-Mixed Use zoning district column means those uses so specified are not permitted under any circumstance. D. The "Permitted Use Table"following Paragraph 5 of Subsection P of Section 7 is hereby amended as follows: (THE "PERMITTED USE TABLE" IS ATTACHED TO THIS ORDINANCE AS EXHIBIT "A," AND IS MADE A PART HEREOF FOR ALL PURPOSES) E. The "Regulation"Matrix for Commercial Districts"following Paragraph 2 of Subsection Q of Section 7 is hereby amended as follows: (THE "REGULATION MATRIX -- COMMERCIAL DISTRICTS" IS ATTACHED TO THIS ORDINANCE AS EXHIBIT `B," AND IS MADE A PART HEREOF FOR ALL PURPOSES) F. Paragraph 3 b (1) of Subsection Q of Section 7 is hereby amended as follows: (1) Buildings or structures in Community Shopping Center (CSC), [Original Business District (OBDD`,] Neighborhood Commercial (NC), Office Park (OPD), Light Industrial (LI), Industrial (1), Business Park (BP) and Planned Unit Development (PUD) ORD.2007-18 3 districts may exceed thirty-five (35) feet in height when: (b) The minimum setback for any building or structure in Community Shopping Center (CSC), [Original Business Distriet ,] Neighborhood Commercial (NC), Office Park (OPD), Light Industrial (LI), Industrial (1), 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. G. Paragraph 3 b (3) of Subsection Q of Section 7 is hereby amended by adding a subparagraph (3) to provide as follows: The maximum height allowed for structures within the Downtown District MD) is 70 feet measured from the minimum habitable floor elevation. H. Subsection 1 of Section 7.5 is hereby amended as follows: 1. General purpose and description_ The Community Overlay District ("COD") is intended to preserve and enhance the physical characteristics of the City of Friendswood along its entryways and in the downtown area by promoting the safety, welfare, convenience, and enjoyment of travel along these roads; providing for unified and orderly development; and promoting and aiding economic growth. The establishment of a COD does not repeal the underlying zoning classification of property to which the COD applies. The requirements of the COD are in addition to the requirements of the underlying zoning district, with the exception of the Downtown District. The COD does not apply to the DD. The DD is subiect to Supplementary Regulations and the DD geographic limitations as [outlined Ordinanee} shown on the Official Zoning map. The COD ORD.2007-18 4 includes the following thoroughfares: FM 2351 from Friendswood City Limit to Friendswood City Limit, FM 518 from the Friendswood City Limit to the Friendswood City Limit [exeept fer FM 528 from Friendswood City Limit to Friendswood City Limit, Friendswood Lakes Blvd. (also known as Brittany Bay) from Friendswood City Limit to Friendswood City Limit, Bay Area Blvd. from Friendswood City Limit to FM 528. I. Subsection E of Section 8 is hereby amended as follows: E. Structures to have access. Every building hereafter erected shall be on a lot adjacent to a public street, [er] an approved private street, or provide written documentation for shared access agreements, and all structures shall be so located on lots as to provide safe and convenient access for servicing, [end] fire protection, shared parking and or [required] off-street parking. J. Subsection F of Section 8 is hereby amended as follows: F. Off-street parking and loading regulations. 1. Off-street parking regulations;Purpose. It is the intent of this section to assure that adequate [shared or-I off-street parking is provided with the construction, alteration, remodeling or change of use of any building or change in the use of land. Specific guidelines regarding recommended off-street parking spaces and parking lot geometrics shall comply with the requirements of the current Design Criteria. a. Approval by the Commission shall be required of [the] parking area layouts and design of all [shared and] off-street parking [areas], including shared parking areas, [shall Commission] with the recommendation of by the city engineer. The city engineer shall [detern}ine] render to the Commission his recommendation regarding the usability of the proposed parking spaces, and the adequacy of[ are usable, and that the] vehicular circulation patterns [ ]. ORD.2007-18 5 C. Downtown District parking. Loge I Pedestrian—€riendly ens irenments, on streeparking is allowed within the DD except iden FAI 518. Approval for on street par-ldng must b-e made by the Commission with the spnees and par-king lot geometries shall eemply with the requirements of the eurrent Design Criteria To promote pedestrian friendly environments, shared parking and shared Parking access is encouraged. Head-in parking may be allowed in the DD with the approval of the Commission, upon recommendation of the city engineer, in areas at least 4001 from FM 518 and/or FM 2351. No on street parking shall be allowed on FM 518. Parking spaces and parking lot geometrics shall comply with the requirements of the current Design Criteria. K. The first paragraph of Paragraph 2 a of Subsection I of Section 8 is hereby amended as follows: 2. Perimeter landscaping and screening. a. When a commercial (CSC, LNC, NC, OPD DD, [9D&,] PUD, A-1) or industrial (LI, I, BP) use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, or when an industrial use is established on a lot or premises adjacent to any property located in a commercial zoning district, a ten-foot in width landscaped open space buffer strip shall be installed and maintained by the owner; developer or operator of the multiple family dwelling, commercial or industrial property between it and the adjacent protected property. L. Subparagraph 2 f(3) (1) (a) (i) of Subsection I of Section 8 is hereby amended as follows: ORD.2007-18 6 (i) All proposed development on land' located in districts zoned as Neighborhood Commercial (NC), Community Shopping Center (CSC), [ l Downtown District (DD), Local Neighborhood Commercial (LNC), Office Park District (OPD), Light Industrial (LI), Industrial (I), Agricultural (A-1), Business Park (BP), Planned Unit Development — Mixed Use (PUD — Mixed Use), or Multi-Family Residential, low density (MFR — L), Multi-Family Residential, medium density (MFR— M), and Multi-Family Residential, high density (MFR—I); and M. Section 8 is hereby amended by adding a new Subsection N to provide as follows: N. Downtown District Supplemental requirements 1. The geographic limits of the Downtown District are as shown on the Downtown District may. All properties within these geographic limits may rezone to Downtown Zone. Those properties outside the geographic limits may not rezone to the Downtown Zone. Figure 1 2. General purpose and description. The Downtown District (DD) is intended to create a mixed-use environment based on traditional neighborhood and smart growth standards. It is designed for physical flexibility with zero setbacks and allows for the redevelopment of small, existing tracts. The encouragement of a pedestrian friendly environment is established by allowing shared parking and on-street parking, as well as sidewalks and street furnishing. 3. Parking. a. Off-site parking shall be allowed if within one block of the development. For purposes of this subsection, one block shall constitute no less than ORD.2007-18 7 three-hundred linear feet (300') and no more I than twelve-hundred linear feet(12001). i b. Shared parking areas shall be allowed. C. Shared access agreements shall be required between adiacent developments. d. On-street parking shall be in accordance with section F.1,C shown previously in this ordinance. e. Development plans shall indicate how freight and goods will be delivered. f. Development plans shall show the design and lavoff for all parking. Documentation shall be provided to verify authority for all shared or off site parking, and g. All such required documentation shall be presented before a development plan is approved. 4. Architectural standards. a. The portion of each structure that will be visible to the general public shall be of a masonry material, glass and/or cement based wood substitutes. Other architectural materials of similar or higher quality may be substituted upon approval of the Planning and Zoning Commission. The Planning and Zoning Commission may request a recommendation of the City Engineer for non-standard materials. b. Fenestration (i.e., openings such as doors and windows) along front or other facades visible to the public, shall be as follows: Walls visible to the public shall have windows and or doors (i.e. no blank walls allowed). Not less than 40 % fenestration shall be provided for all ground floor primary ORD.2007-18 8 facades (front or side) that face a public right-of-way. Not less than 25% fenestration shall be provided for any facade (upper floors and those not facing a public right-of-way with the exception noted in item 4 below). (� No window or door, except emergency access, shall be allowed on any wall that is adiacent to an interior side or rear lot line with a zero set back. C. _Awnings and canopies are allowed upon approval of the Planning and Zoning Commission. d. Fenestration Calculations: Area of primary wall (front or side) facing ROW x 40% = minimum fenestration,• Area of upper floor or floor not facing ROW x 25% =minimum fenestration 5. Screening. Mechanical equipment, such as roof top equipment, compressors, refrigeration units and trash enclosures, and other non-public service areas that are visible from a public area, shall be screened to a height sufficient to completely screen the use from view at ground level. "View at ground level' shall mean the view from public walkways situated in the adjoining rights-of-way or from vehicular traffic in the first two traffic lanes in the bordering street or streets. 6. Sidewalks. Each development shall provide a 15-foot wide paved sidewalk along each adjacent roadway right-of-way. Sidewalks and sidewalk easements shall be required where head-in parking does not leave enough area for amenities and sidewalks in the right-of- way. a. An area four feet W) in depth, and running parallel and adiacent to each adiacent roadway right of way, measured from the back of curb, ORD.2007-18 9 ' shall be reserved for amenities such as street furniture, lighting or landscaping. This area may be grass, brick pavers, stamped concrete, or other decorative material. A 41X 4' (minimum) landscape and tree well shall be provided every 25 linear feet. Each well shall contain a minimum of one (1) tree from the approved tree list and other landscaping material (bushes and/ground cover). The tree and landscaping material shall be maintained in living condition). One-half of the trees shall have a minimum caliper of four (4) inches and one-half shall have a minimum caliper of two inches. Existing qualified trees may be counted toward fulfillment of this requirement provided that the size, species, and guaranteed duration shall meet the criteria of the landscaping section of this ordinance. (Clustering of trees shall be permitted; provided however, clustering shall not reduce the number of required trees, and trees shall not be clustered so as to lessen the survival rate of other trees.) N. Paragraph 2 a of Subsection H of Section 9 is hereby amended as follows: a. All proposed development on land zoned Neighborhood Commercial (NC), Community Shopping Center (CSC), [8r-iginal—Business District-(OBD) Downtown District (DD), Local Neighborhood Commercial (LNC), Office Park District (OPD), Light Industrial (LI), Industrial (I), Agricultural (A-1), Business Park (BP), or multi- family residential, low density (MFR-L), multi- family residential, medium density, (MFR-M), and multi-family residential, high density (MFR-H); and Section 2. Any person who shall knowingly, willingly, 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 $2,000.00. Each day of violation shall constitute a separate offense. Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance ORD.2007-18 10 V �f 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 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 and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED and APPROVED on first reading this 15t day of October 2007. PASSED, APPROVED, and ADOPTED on second and final reading this the 15tn day of October 2007. avid J. H. Smith Mayor ATTEST: O� fRtEpOa D loris McKenzie,TPA4C City Secretary i ORD.2007-18 11 (Ord 2007-18)__ PERMITTED USE TABLE #2001-22 SFR& MFR- PUD- SPR-E GHD MFR-L MFR-M MFR-H MHR CSC 'NC LNC OPD DD PUD Mixe A-1 Ll I BP 1997 NAICS Use Adult Entertainment S S S Business Agriculture,Forestry, 11 Fishing and Hunting 111 Crop Production O O O O S P P Greenhouse,Nursery& O O S P P P P P 111 Floriculture Production 112 Animal Production O O O O S P P 113 Forestry and Logging O O S P P S P 113 Logging O O S P S S Fishing,Hunting and O O P 114 Trapping Support Activities for O O O O S P P P 115 Agriculture and Forestry Support Activities for O O O O S P O 115 Crop Production 1 Mining _ 11 Oil and gas extraction O O S S S Mining, except oil and O O S 12 as 13 IMining support activities O O S S S Zoning Manual 2000 R TS PERMITTED USE TABLE #2001-22 SFR& GHD MF,R-L MFR-M MFR-H MHR CSC NC LNC OPD DD' PUD Mixe A-1 Ll I BP 1997 NAICS SFR-E OHD Use 2' - Utilities, Utilities—All O O S P P P S 2 Subcategories 3 Construction C l Building,developing and O O O O S P P P P 33 general contracting 34 _Heavy construction O O O O S P P P S Special Trade O O O O S P P P P 35 Contractors 1-33 Manufacturing 11 Food Mfg O O S P S S S Beverage and Tobacco O O S P S S S 12 _product mf 313 Textile mills O O S S S 314 _Textile product mills O O S P S S S 315 Apparel Manufacturing O O S P S S S 1Leather and allied O O S S P S 16 product mf Bather and Hide tanning O O S S 316 and Finishing 321 Wood product mfg O O S S P S 322 Paper mfg O O S S Zoning Manual 2000 R,. '=;-5 PERMITTED USE TABLE 92001-22 SFR'& MFR- PUD SFR-E GHD MFR-L MFR-M MFR-H MHR CSC NC LNC OPD DD PUD Mixe A-1 L'1 I BP 1997 NAICS Use Printing and related P O P S P P P P 23 _support activities Commercial S O S S P P P P 23 Lithographic Printing Petroleum and coal O O S S S 24 products mf 25 Chemical mfg O O S S S Pharmaceutical Preparation O O S P P P 25 Manufacturing Plastics and rubber O O S S P 26 products mf Rubber Product O O S P 26 Manufacturing Nonmetallic mineral O O S P 27 product mf 31 Primary metal mfg O O S S 9Fabricated metal product O O S S P 32 Mfg 33 Machinery mfg O O S S P S Computer&Electronic O S S P P P P 34 Product Manufacturin Electrical Equip, appliance and O O S P P P P 35 component mf Zoning Manual 2000 R� -' 'S r PERMITTED USE TABLE #2001-22 SFR& MFR- PUD- SFR-E GHD MFR-L MFR-M MFR-H MHR'CSC NC LNC OPD DD PUD Mixed A-1 Ll I BP 1997 NAICS Use. 35 Battery Manufacturing O O S Transportation O O S S P 36 equipment mf Furniture and related O O S P S P 37 products mf 39 Misc. Mfg O 1 O S P P S Medical Equipment& S S P S S P P P P 39 Supplies Manufacturing 2 Wholesale:Trade Wholesale Trade—all O O S P P P P 2 subcategories 4-45 Retail Trade Motor Vehicle and Parts O O S P P P 41 Dealers 41 New Car Dealers S O O S P P P 41 Used Car Dealers S O O S P P 41 Boat Dealers S O O S P P P N Recreational Vehicle S O O S P P P 41 Dealers 41 Motorcycle Dealers S O O S P P P Automotive Parts, Accessories and Tire P S O O S P P P P 41 Stores umiture and home p p O P S P P 42 rnishin stores Zoning Manual 2000 PERMITTED USE TABLE #2001-22 PI SFR& MFR- MFR-L MFR-M MFR-H MHR CSC NC LNC OPD DD PUD ize A-1 Ll I BP 1997 NAICS SFR-E GHD Use Electronics and P P O P S P P 43 _appliance stores Bldg Material &Garden P P O P S P P P P 44 equip&supp dealers 45 Food&Beverage stores P P P O P S P S S Health&personal care P P P O P S P P P 46 stores 47 Gasoline stations P P P O P S P P P Clothing and clothing P P P O P S P P 48 _accessory stores Sporting good,hobby, P P O P S P P 51 book&music stores General merchandise P P P O P S P P P 52 stores 53 Misc. store retailers P P O P S P P P Used Merchandise P P S P P P P 53 Stores Manufactured(Mobile) O O 53 Home Dealers All other Misc. Store P P P S P P P P 53 Retailers I -�F- 453 Tobacco Stores P P P S P 54 on-store retailers S S O P S P P P Zoning Manual 2000 R� 5 r PERNIITTED USE TABLE #2001-22 SFR& MFR- PUD SFR-E GHD' ,MFR-L MFR-M MFR-H MHR CSC NC LNC OPD DI) PUD ized A-1 Ll I BP 1997 NAICS Use Electronic Shopping& p S p P P 54 Mail-Order Houses Vending Machine O S P P P 54 Operators Other Direct Selling O S P P P 54 Establishments 54 Fuel Dealers O O S P S O Transportation& 8-49 Warehousing 81 Air Transportation O O S P 82 Rail Transportation O O S P S P S 83 Water Transportation O O S P S 84 Track Transportation O O S P P P P 85 Transit&Ground S S O P S P S S S Passenger Transportation 86 Pipeline Trans ortation S S S S S S S S S S S S P S S S S i Scenic&sightseeing S O P S P P 87 Transportation Transportation Support S S O O P P P 88 services 88 Motor vehicle towingS O O S P P P O 91 Postal Service P P O P S P P P P 92 Couriers&Messengers P P O P S P P P Zoning Manual 2000 R 5 i PERMITTED USE TABLE #2001-22 PUD- SFR& NIFR- SFR-E GHD MFR=L MFR-M MFR-H MHR CSC NC' LNC OPD DD' PUD Mixed A-1 Ll I BP' 1997 NAICS Use 93 Warehousing&Storage O S S P P P P 1 Information 511 Publishing Industries O P S P P P P Motion Picture&Sound S O S S P P P P 512 Recording industries Broadcasting& S S O O S P P P P 13 Telecommunications Telecommunication P P O P S P P P P 513 Resellers Information &Data P P O P S P P P 514 processing services 2 Finance&Insurance Finance&Insurance— all subcatgegories P P P P S P P P 2 exce t 522 All Other Nondepository j Credit Intermediation S O P S P P P P 522 (Pawn shops) Real Estate&Rental 3 Leasing Real estate P P P P S P P P P 531 Zoning Monua12000 R( PERMITTED USE TABLE #2001-22 SFR,'& 'MFR- PUD D MFR-L MFR-M MFR-H MHR CSC NC' LNC OPD I DD , PUD MixedA-1 Ll i I BP 1997 NAICS SFR-E GH Use Lessors of iniwarehouse or self P P S P P P P 531 _storage units P S O P S P P P P 532 Rental&leasing services Lessors of other nonfinancial intangible P P P P S P P P 533 asset Professional, Scientific 4 &Technical Services Professional,Scientific & Technical Services- P P P P S P P P 11 subcategories except 54 541 Research, development S O S S P P P P 541 &testing services Management of Companies& 1 55 Enterprises. Management of Companies& P P P P S P P P Enterprises—all 5 subcategories dmin/Support Waste gmt/Remediation 6 " Services Zoning Manual 2000 R 73 PERMITTED USE TABLE #2001-22 SFR& MFR- PUD- SFR-E MFR-L MFR-M MFR-H MHR CSC NC LNC OPD DD PUD Mixe A-1 Ll I BP 1997 NAICS Use dmin/Support Waste gmt/Remediation Services—all P P O P S P P P subcategories except 6 561 and 562 Services to dwellings S O O S P P P P 561 and other buildings Waste Management& O O S P S P S 562 remediation services 61 Educational Services 611 ducational Services P P P S P S P P P Elementary&Secondary S S S S S S S S O P S P S S S S 611 schools 611 _Junior Colleges S O P S P S S S P Colleges,Universities & S O P S P S S S P 611 Professionalschools Computer,Business& S O P S P S S S S 611 Secretarial Schools Other School and P P S S P S P P P 611 firstruction Health Care& Social 62 ssistance mbulatory Health care p p PI p S p p 621 ervices Zoning Manual 2000 A - �5 PERMITTED USE TABLE #2001-22 SFR& MFR- PUD_ MF SFR-E GHD R-L MFR-M MER-H MHR CSC, NC' LNC OPD DD PUD Mixe A-1 Ll I BP' 1997 NAICS Use P O S S P P P 622 _Hospitals Nursing&residential S S O S S P 623 care facilities Community Care p S S P 623 Facilities 624 Social Assistance P O P S P P S S S S P S P O P S P 624 Child Day Care Services Arts,Entertainment 1 and Recreation Arts,Entertainment and Recreation all P O P S P P subcategories except 71 711,712,713 Sports Teams,clubs, racetracks, other S O O S P P 711 spectator sports Museums,historical sites S S S S S S P S O P S P S S S S 712 &like institutions 11 Other Amusement 713 and Recreation S S S Industries ccommodation& 2 and Services Zoning Manual 2000 R.,• .75 , PERMITTED USE TABLE #2001-22 SFR&' 'MFR- PTID SFR-E GHD MFR=li ixe A-1 Ll I BP 1997 NAICS MFR-M MFR-H MHR.CSC NC LNC OPD DD' PUD Use P O P S P P P 21 Accommodation Food services & P P O P S P P P 722 Drinking places Drinking places p p p p p 722 Alcoholic Beverages) Other Services(except, 81 [Public Administration Automotive Repair P S O S S P P P 811 Shops 811 _Welding Shops S O O S P P P P P P P P P S P P P 812 Personal Care Services S S O S S P P S 812 Death Care Services P P P P S P P P 812 Other Personal Services Religious/Grantmaking/ Prof/Similar P P O P S P 813 _organizations • S S S S S S P P P O P S P S 813 Religious Organizations Zoning Manual 2000 PERMITTED USE TABLE #2001-22 SFR&' NPR- PUD- SFR-E GHD MFR-L' MFR-M MFR-H MHR CSC NC LNC OPD DD PUD Mixe A-1 Ll I BP 1997 NAICS Use Civic, social and S S S S S S P P S O P S P P P 813 fratemal associations 814 Private households P P P P P P P(a) P P 2 Public Administration Public Administration all subcategories except P O P S P P P 2 922 922 CorrectionalInstitutions S Residential Uses Cluster Housing P P P P P Mobile Home Parks P Model dwelling unit P P P P P P S P Multi-family dwellings P I P P P S P Single family dwellings P P S S S S S P P S S Townhouses P P P P P Two family dwellings P S P Accessory Residential Uses Accessory Building P P P P P P Structure or use Cable Television P P P P P P P P P P P P P P P P P transmission line Electrical Substation S S S S Electrical Transmission P P P P P P P P P P P P P P P P P Line Home Occupation P P P P P P P P P Private Recreation Facilitv P P P P P P P S P Zoning Manual 2000 R, -i l PERMITTED USE TABLE #2001-22 SFR& MFR- PUD- SFR-E GHD MFR•L MFR-M MFR-H MHR CSC NC LNC OPD DD: PUD Mixe A-1 LI I BP 1997 NAICS Use Servants or caretaker P P P P P P P P S P P P P quarters Swimming Pool P P P P P P P P P Telephone exchange, witching relay or S S P P P P P P S P S S P P P P P transmitting station l Utility Business Office P P P P S P P P P Utility service or storage S S P P P S and or buildings (a) 2ad floor and above (b) Legend 1. P—Permitted 2. S—Special Use Permit Required 3. O—Office Use only 4. -Not Permitted Zoning Manual 2000 A, `,15 PERMITTED USE TABLE #2001-22 NOTE: TBD -Number of parking spaces to be agreed on by applicant and City (Ord.No. 2002-1, § 1, 1-21-02) (Ord.No. 2004-12 § 2, 8-2-04) (Ord.No. 2004-11 § 1-3, 8-2-04) (Ord. 2004-21, § 1-3, 12-06-04 Zoning Manual 2000 Exhibit B (Ord 2007-18) Q. District area and height regulations. 1. No lot,parcel,premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area,width, depth, yard and height regulations as set forth in the tables labeled section 7-Q.2, Regulation Matrix. 2. (See Regulation Matrix) REGULATION MATRIX-RESIDENTIAL DISTRICTS Circled letters (letters in parentheses)refer to paragraphs in section 7-Q.3 Yards -Minimum Feet Side Exterior Corner Lot Backing Backing Lot Area Up to an Up to an Height Units Minimum Abutting Abutting Maximum Parking Zero Lot Maxim \ per Square Lot Interior Side Rear Feet Requirement Lines Lot J Acre Feet Width Front Rear a d Yard Yard b and a Unit Y or N Covera SFR Single Family 2.7 11,600 90 A 25 B 25 10 F 25 A 20 C 35 2 No 35° Residential SFR Single Family 2.7 15,600 120 A 25 B 25 10 25 B 20 C 40 2 No 35� Residential SFR-E Single Family Residential 0.5 87,120 150 A 75 25 25 35 35 40 5 No 20� Estate MFR.-L Multi Family 6 G 7,260 G 45 G 25 B 25 10 E, I 25 B 20 C 35 2 No 50� - Low MFR-M Multi Family 9 -- - - 25 B 0 10 E, I 25 B 20 C 35 2 No 509 -Medium MFR.-H Multi Family 12 - 25 B 0 10 E, I 25 B 20 C 35 2 No 50� -High MHR Mobile Home 10 - - 25 B 25 101 30 25 B 20 2.5 No 50� REGULATION MATRIX-RESIDENTIAL DISTRICTS - cont'd/ Circled letters (letters in parentheses)refer to paragraphs in section 7-Q.3 Yards -Minimum Feet Side Exterior Corner Lot Backing Backing Lot Area Up to an Up to an Height Units Minimum Abutting Abutting Maximum Parking Zero Lot Maxim per Square Lot Interior Side Rear Feet Requirement Lines Lot AlAcre Feet Width Front Rear a d Yard Yard b and a Unit Y or N Covers -- - - 25 B 25 101 25 B 20 C 35 2 No 10� MFR-GHD Garden Home 6 6,000 60 5 B,H 10 0 D, J 5 B,H 4 C, H 35 2 Yes D 50� District PUD - Cluster 2.7 6,000 40 20 B 15 51 20 B 20 C 35 2 No 400, Home District 20% Open Space PUD - Cluster 3 6,000 40 20 B 15 51 20 B 20 C 35 2 No 45� Home District 30% Open Space PUD - Cluster 4 6,000 40 20 B 15 51 20 B 20 C 35 2 No 50� Home District 40% Open Space A. Lots of less than 120 feet wide require curbs. Lots 120 feet wide or greater may use open ditches. B. Thirty-five feet on thoroughfares. C. Twenty-five feet on thoroughfares. D. Zero set-back on side only, minimum five-foot separation between buildings. E. "Ten foot minimum separation between buildings. F. Lots currently in existence with less than 90 feet of width that have structures already built upon them may continue with the same existing set back for additions provided they are not less than a minimum of five feet. G. Developer must elect either units per acre or lot area. Two family residential units on two lots are required when lot area is elected. H. Front yard and exterior side yard setbacks shall be measured from the edge of the street ROW or the edge of the Drainage Utility/Access easement (if streets are private)whichever is greater. I. Twenty-five feet when abutting land zoned single-family residential (SFR) district. I Ten feet when abutting land zoned anything other than MFR- GHD (Garden Home District). i_� REGULATION MATRIX- COMMERCIAL DISTRICTS _ Circled letters (letters in parentheses)refer to paragraphs in section 7-Q.3 Yards -Minimum Feet Side Interior Exterior When Abutting Property When When In a When Backing Backing Lot Area Lot Lot Residential Abutting Up Up Height Mini- Width Depth District or Property to an to an Maxi- Maxi mum Mini- Mini- Garden In a Non- Abutting Abutting mum Landscape Excep- mun Zoning Square mum mum Rear Home Residential Side Rear Feet Require- tion Lo District Feet Feet Feet Front a District District Yard Yard b and a ments Notes Covei CSC 15,000 100 150 30 15 25 10 25 10 35 Yes Ne 30� NC 12,000 100 120 30 20 25 10 25 10 35 Yes D 30� LNC. 10,000 100 100 30 25 25 10 25 10 35 Yes D 30� 0115 DD 15,000 0 0 0 note 15 0 0 0 70 Yes E 60� E OPD 10,000 100 100 30 1 15 25 10 25 10 35 Yes 30� BP 10,000 100 100 30 25 25 10 25 10 35 Yes 40° LI 15,000 100 100 30 25 25 10 25 10 35 Yes A, C 50� I 20,000 100 100 1 30 1 25 40 10 25 10 35 Yes B, C 60� (Ord.No. 2000-45 § 1, 12-18-00) A. When LI district is across the street from a residential district front yard shall be 40 feet from street R.O.W. - B. When I district is across the street from a residential district front yard setback shall be 50 feet from street R.O.W. C. When industrial district abuts side and/or rear residential district setback shall be 89 feet. D. Minimum rear yard setback shall be 15 feet when rear yard abuts a non-residential district. E. Lots within Downtown District(DD) in existence prior to the creation of the DD shall be deemed as lawfully existing and shall -� be allowed to develop under DD regulations. Further, tracts of any size in existence prior to the creation of the DD may be combined into larger tracts and developed, even if the aggregate size is less than 15,000 sq. ft. Further,no lot classified as within the DD zone may be subdivided to less than the minimum size of 15,000 sq. ft. Rear yard setback shall be 15 feet when rear yard abuts a residential district(Residential District or Garden Home District) and 0 feet when rear yard abuts a non- residential district �-7 MAY BE VIEWED IN ITS ENTIRETY IN THE CITY SECRETARY'S OFFICE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY BY ABOLISHING THE ORIGINAL BUSINESS DISTRICT ZONING CLASSIFICATION AND CREATING A NEW DOWNTOWN ZONING DISTRICT; AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT. I DELORIS MCKENZIE, CITY SECRETARY OF THE CITY OF FRIENDSWOOD, TEXAS, DO HEREBY CERTIFY THAT ON SEPTEMBER 21, 2007, PROPOSED ORDINANCE NO. T2007-18, WAS POSTED AT THE CITY HALL, PUBLIC LIBRARY BULLETIN BOARD AND DISTRIBUTED TO MAYOR AND COUNCILMEMBERS AND MADE AVAILABLE TO THE PUBLIC FOR REVIEW. ATTEST: DELORIS MCKENZIE,TRMC CITY SECRETARY DATE: 9/21/2007 1" READING: 10/01/07 TIME: 5:00 PM SECOND AND FINAL READING 10/15/07 , Zoning Ordinance Downtown District Revisions Sec. 1. Short title Sec.2. Establishment of districts See.3. Provision for official zoning map Sec.4 Rules for interpretation of district boundaries Sec. 5. Application of district regulations Sec.6. Nonconforming uses of lots,uses of land,uses of structures,and premises,and characteristics of use Sec.7. Schedule of district regulations Sec.7.5 Downtown Overlay District Sec. 8. Supplementary district regulations Sec.9. Administration and enforcement-Building permits and certificates of zoning compliance Sec. 10. Board of adjustment-Establishment and procedure Sec. 11 The board of adjustment-Powers and duties Sec. 12 Appeals from the board of adjustment Sec. 13. Duties of administrative official,board of adjustment,city council,and courts on matters of appeal Sec. 14. Schedule of fees,charges and expenses Sec. 15. Amendments Sec. 16. Provisions of ordinance declared to be minimum requirements Sec. 17. Complaints regarding violations Sec. 18. Penalties for violations Sec. 19. Severability Sec.20. Definitions Sec.21. Repeal of conflicting ordinances,effective date *Editor's note: Printed herein are the zoning regulations, as adopted by Ord. No.84-15 on Nov. 19, 1984, and effective on Nov. 19, 1984. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catch-lines,capitalization,citation to state statutes,and expression of numbers in text has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brackets. Cross-references: Board of adjustment, § 2-36 et seq.; planning and zoning commission, §2-46 et seq.; alcoholic beverages, ch. 6; location of alcoholic beverage establishments restricted, §6-6;manufactured homes and trailers,ch.50. Zoning Manual 2000 Rev.9-05 u ORDINANCE NO.84-15 AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF FRIENDSWOOD, TEXAS; REGULATING AND RESTRICTING THE USE, SIZE, HEIGHT AND DENSITY OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOTS THAT MAY BE OCCUPIED,THE SIZE OF THE YARDS, COURTS, AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCES, AND OTHER PURPOSES; DIVIDING THE CITY INTO DISTRICTS AND USE AREAS; ADOPTING A ZONING MAP SHOWING THE LOCATION AND BOUNDARIES OF THE VARIOUS DISTRICTS AND USE AREAS;PROVIDING FOR EXCEPTIONS; PROVIDING REGULATIONS FOR NONCONFORMING USES; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, INTERPRETATION AND AMENDMENT OF THIS ORDINANCE; PROVIDING FOR A BOARD OF ADJUSTMENTS AND PRESCRIBING ITS POWER AND DUTIES;PROVIDING DEFINITIONS; PROVIDING A PENALTY,PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS,V.T.C.A., Local Government Code §§ 211.001 through 211.013 empowers the city to enact a zoning ordinance and to provide for its administration, enforcement, and amendment;and WHEREAS,pursuant to such authority,the city has heretofore enacted a planning and zoning ordinance to enact a new one; WHEREAS, the city council now deems it necessary, for the purpose of promoting the health, safety, morals, and general welfare of the city and its inhabitants, to repeal the existing zoning ordinance and the repeal of the present zoning ordinance;and WHEREAS, the planning and zoning commission has recommended the enactment of a new zoning ordinance and the repeal of the present zoning ordinance;and WHEREAS, as a basis for and in furtherance of such recommendation,the planning and zoning commission has divided the city into zoning districts and has prepared regulations pertaining to such zoning districts in accordance with a comprehensive plan and design to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water,sewage,schools,parks and other public requirements;and WHEREAS, the planning and zoning commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses,with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality;and I Zoning M..12000 Re,945 1 WHEREAS, the planning and zoning commission has made a preliminary report, has given due notice of hearings relating to zoning districts, regulations, and restrictions, has held such public hearings,and has submitted its final report to the city council;and WHEREAS, the city council has given due notice of hearings relating to such zoning districts,regulations,and restrictions,and has held such public hearings,and; WHEREAS, all requirements of chapter 283, page 424, Acts of the 40th Legislature, Regular Session, 1927,as amended,and of the ordinance of the city relating to the preparation of the report and recommendation of the planning and zoning commission and subsequent action of the city council have been met;now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. Short title This ordinance shall be known and may be cited as"The City of Friendswood Zoning Ordinance." .Section 2. Establishment of districts The City of Friendswood is hereby divided into the following districts: Density District Description (units per acre) A. SFR Single-Family Residential Dwelling District 2.7 A.1. SFR-E Single-Family Residential Dwelling Estate District 0.5 B. MFR-L Multiple-Family Residential Dwelling District-Low 6.0 C. MFR-M Multiple-Family Residential Dwelling District-Medium 9.0 C.1. MFR-GHD Garden Home Residential District 6.0 D. MFR-H Multiple-Family Residential Dwelling District-Highest 12.0 E. MHR Mobile Home Residential Dwelling District 10.0 F. CSC Community Shopping Center District G. NC Neighborhood Commercial District G.1. INC Local Neighborhood Commercial District H. OPD Office Park District DD Downtown District J. PUD Planned Unit District K. Reserved L. A-1 Agricultural District M. LI Light Industrial District N. I Industrial District O. BP Business Park District (Ord.No.96-14, § 1,7-1-96) Zoning Manual 2000 Rev.9.05 2 Section 3. Provision for official zoning map. A. Official zoning map. The boundaries of the zoning districts of the city are shown on the official zoning map,which,together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. This official zoning map shall be identified by the signature of the mayor,attested by the city secretary and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 3 or Ordinance No. 84-15,the City of Friendswood Zoning Ordinance,"together with the date of the adoption of this ordinance. If, in accordance with the provisions of this ordinance and chapter 283, Acts of the 40th Legislature, Regular Session, 1927, as amended, changes are made in zoning district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows: "On (date), by official action of the city council, the following changes were made in the Official Zoning Map: (brief description of nature of changes)" which entry shall be signed by the mayor and attested by the city secretary. No amendment to this ordinance, which involves matters portrayed on the official zoning map, shall become effective until after such change and entry have been made on said map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. Regardless of the existence of purported copies of the official zoning map, which may be made or published from time to time,the official zoning map shall be located in the office of the city secretary and it shall be the final authority as to the current zoning status of land areas,buildings,and other structures in the city. B. Replacement of official zoning map. In the event the official zoning map becomes damaged,destroyed,lost,or difficult to interpret because of the nature or number of changes or additions, the city council may by ordinance adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the mayor attested by the city secretary, and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted(date of adoption of map being replaced) as part of Ordinance No. 84-15,the City of Friendswood Zoning Ordinance." Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Zoning Manual 2000 Rev.9.05 3 Section 4. Rules for interpretation of district boundaries Where uncertainty exists as to the boundaries of districts as shown on the official zoning map,the following rules shall apply: A. Boundaries indicated as approximately following the centerline of streets, highways,or alleys shall be construed to follow such centerlines. B. Boundaries indicated, as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following city limits shall be construed as following such city limits. D. Boundaries indicated as parallel to or extensions of features indicated in subsections A through B of this section shall be thus construed. Distances not specifically shown on the official zoning map shall be determined by the scale of the map. E. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through D of this section,the board of adjustment shall interpret the district boundaries. F. Whenever any street or alley is vacated by official action of the city council, the district adjoining each side of said street or alley shall be automatically extended to the centerline of property thus vacated and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended zoning district or districts. G. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. Section 5. Application of district regulations The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure of land, and particularly, except as herein provided: A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. B. No building or other structure shall hereafter be erected or altered to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller front yards, side yards,rear yards, or other open spaces, in any manner contrary to the provisions of this ordinance. Zoning Manual Rev.9.05 4 C. No part of a lot area, yard or other open space, or off-street parking or loading space required about or in connection with any building or structure for the purpose of complying with this ordinance, shall be included as part of a lot area, yard,open space, or off-street parking or loading space similarly required for any other building structure. D. No lot or yard existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Lots or yards created after the effective date of this ordinance shall meet at least the minimum requirements established herein. Section 6. Nonconforming uses of lots, uses of land, uses of structure, premises, and characteristics of use. A. Intent. Within the districts established by this ordinance or amendments that may later be adopted there may exist: 1. Lots; 2. Structures; 3. Uses of land and structures;and 4. Characteristics of use; Uses of which were lawful before this ordinance was passed or amended,but uses of which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit those nonconforming uses to continue until they are removed,but not to encourage their survival. It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Nonconforming uses shall be defined herein as the use of lots, land,structures and premises,as well as characteristics of use,which uses do not conform to the terms of this ordinance or future amendments either as to permitted uses as shown herein [in] section 7-P or as to lot dimensions, setbacks or other supplementary regulations as shown herein[in]section 8. Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, or of land, or of structure and land in combination shall not be extended or enlarged after passage of this ordinance. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which an active process was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which an active process has been carried on diligently. The phrase"active process" is hereby defined as follows: Zoning Manual Rev.9.05 5 1. For land zoned single family residential (SFR), single family residential estate (SFR-E), or multiple family garden home district (GHD), a development proposal must be subject to a valid approved preliminary plat,or 2. For land zoned NC, CSC, OBD, LNC, OPD, LI, I, BP and A-1,when the land is subject to a valid existing preliminary site plan in accordance with section 9. G. L,or 3. For land zoned NOR-H, MFR-M, MFR-L or PUD, when a proposed Specific Use Permit(SUP)has been heard at a joint public hearing of the City Council and the Planning and Zoning Commission B. Nonconforming lots of record. In any district in which single-family dwellings are permitted,a single family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area,width,or depth,any or all,that are generally applicable in such district, provided that yard dimensions and requirements, other than those applying to area,width, or depth, any or all of the lot shall conform to the regulations of district SFR. Variance of yard requirements shall be obtained only through action of the board of adjustment. If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot area and width, the land involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot area and width requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with area or width below the requirements established herein. C. Nonconforming uses of laud or of land with mirror structures only. Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such use involves no individual structure with a replacement cost exceeding$1,000.00,the use may be continued as long as it remains otherwise lawful,provided: 1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this ordinance; 2. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of this ordinance; Zoning Manual Rev.9-05 6 3. If any such nonconforming use of land ceases,than any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which the land is located; 4. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land. D. Nonconforming rise of structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms hereof by reason of restrictions, area, lot coverage, height,yards, its location on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming structure may be enlarged or altered in a manner, which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. 2. Should such nonconforming structure or nonconforming portion of structure be destroyed or damaged by accidental means, including but not limited to, accidental fire, windstorm, flood, civil disorder, or act of war the structure may be restored to its pre-existing nonconforming state. Such restored structures shall meet all other applicable city codes, and nothing herein shall be construed as constituting a waiver of requirements other than those governed by the zoning ordinance. If plans to restore or repair the building are not submitted for issuance of a building permit within twelve(12)months from the date of the destruction or damage,the replacement structure must be built in conformity with the provisions of this ordinance. The Commission may grant, upon written application by the property owner showing cause,a one-time extension to seek a building permit for a period not to exceed six(6)months. 3. Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. Notwithstanding the foregoing,existing multi-family dwelling developments may be rebuilt in district MFR-H, in the event of any such damage or destruction, at the same unit per acre density that existed prior to such damage or destruction. E. Nonconforming uses of structures or of structures and premises in combination. If lawful use involving individual structures with a replacement cost of$1,000.00 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance,that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions: Zoning Manual Re,9-05 7 1. No existing structure devoted to a use not permitted by this oramance in the district in which it is located shall be enlarged, extended, constructed, reconstructed,moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 2. Any nonconforming use may be extended throughout any parts of a building, which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance,but no such use shall be extended to occupy any land outside such building. 3. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district, and the nonconforming use may not thereafter be resumed. 4. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive months or for a total of 12 months during any three year period,the structure, or the structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. 5. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction. F. Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 36 consecutive months on ordinary repairs,or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming structure or portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.Provided,however,that a property owner may apply to the Commission for an increase in the time period or the percentage limits contained herein to enable repairs necessary for the protection of the public health,safety,and welfare. G. Specific use provisions not nonconforming uses. Any use,which is permitted as a specific use in a district under the terms of this Ordinance,shall not be deemed a nonconforming use in the district,but shall without further action be considered a conforming use. Section 7. Schedule of district regulations A. SFR, residential, general purpose and description. The SFF, single-family residential dwelling district, is restricted to single-family dwellings, up to 2.7 units per acre, and to related recreational, religious and educational facilities normally required to provided the basic elements of a balanced, orderly convenient and attractive residential area. Single-family residential areas shall be Zoning Manual Rev.9-05 8 i a protected from higher nensity residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities. I. Area and height regulations. Area and height regulations in an SFR, single-family residential dwelling district, are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the SFR district under certain circumstances and conditions. 4. Permitted use. Uses permitted in an SFR, single-family residential dwelling district,are set forth in section 7-P,Permitted Use Table. A.1. SFR-E,residential,general purpose and description. The SFR-E,single-family residential estate dwelling district, is the most restrictive residential district. The principal use of land in this district is for low-density single-family dwellings,up to 0.5 units per acre, and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient and attractive residential area. Low-density residential areas shall be protected from multiple-family residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light,air and open space for dwellings and related facilities. 1. Area and height regulations. Area and height regulations in an SFR-E, single-family residential estate dwelling district, are set forth in section 7- Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission with the SFR-E district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an SFR-E, single-family residential estate dwelling district,are the same as SFR,and are set forth in Section 7- P,Permitted Use Table. B. MFR-L, residential, general purpose and description. The MFR-L, multiple- family,residential dwelling-low density district,is intended to provide for lowest density multiple-family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities,thereby resulting in a maximum density of Zoning Manual Rev.945 9 six dwelling units per acre. The principal use of land may be one or several dwelling types, including multiple-family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The multiple-family residential dwelling district - low functions as a buffer or transition between commercial or higher density residential areas and lower density areas. The intent of these regulations is to allow development of property, which may have a limited area suitable for residential development due to a portion of the property being flood prone or adjacent to a district of a different zoning designation. 1. Area and height regulations. Area and height regulations in an MFR-L, multiple-family residential dwelling - low-density district, are set forth in section 7-Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. Permitted uses. Uses permitted in an MFR-L, multiple-family residential dwelling- low-density district, are set forth in section 7-P, Permitted Use Table. (Ord.No.2000-22, §3, 8-7-00) C. MFR M, residential, general purpose and description. The MFR-M, multiple- family residential dwelling - medium-density district, is intended to provide for medium-density multiple-family dwellings which may have a relatively intense concentration of dwelling units, up to nine per acre, served by large open spaces consisting of common areas and recreation facilities,thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, including low-rise multiple-family dwellings, garden apartments, condominiums and townhouses. Recreational,religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The MFR-M, multiple-family residential district, functions as a buffer or transition between commercial or higher-density residential areas, and lower-density residential areas. 1. Multi-family residential area and height regulations. Area and height regulations in an MFR-M dwelling-medium-density district, are set forth in section 7-Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. Permitted uses. Uses permitted in an MFR-M,multiple-family residential dwelling - medium-density district, are set forth in section 7-P, Permitted Use Table. (Ord.No.2000-22, §3,8-7-00) C.1. MFR-GHD, garden home residential, general purpose and description. The GHD, garden home residential district, is intended to provide multi-family low- Zoning Manual Rev.9-05 10 density dwelling units having open space between units which exceed existing normal multi-family buildings,with density not exceeding six units per acre. The intent of these regulations is to allow development of property which (1) may have limited area suitable for residential development due to geographical limitations; (2) has portions of the property subject to flooding; or(3) is located adjacent to a district of a different zoning designation, and for which the development as MFR-GHD would be appropriate as a buffer between incompatible land uses. The interior living area of the first floor of any two-story residential structure in MFR-GHD shall contain not less than 60 percent of the structure's total living area, and not more than 40 percent of the structure's total living area shall be contained on the second floor, excluding open decks, porches, terraces and garages. D. MFR-H, residential, general purpose and description. The MFR-H, multiple- family residential dwelling - highest-density district, is a residential district intended to provide for the highest residential density ranging up to 12 dwelling units per acre. The principal use of land in the district is for a wide variety of dwelling types, including low-rise multiple-family dwellings, garden apartments, condominiums and townhouses and, subject to a specific use permit, high-rise apartments. Recreational,religious,health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient and attractive residential area. The MFR-H, multiple-family residential dwelling - highest-density district, is usually located adjacent to the major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium- density residential development. 1. Area and height regulations. Area and height regulations in an MFR-H dwelling - highest-density district, are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. Permitted uses. Uses permitted in an MFR-H, multiple-family residential dwelling - highest-density district, are set forth in section 7-P, Permitted Use Table. (Ord.No.2000-22, §3,8-7-00) E. MHR, mobile home district, general purpose and description. The MHR, mobile home district, is a residential district intended for mobile home development, up to ten units per acre. Recreational uses normally located in mobile home developments are permitted in this district. 1. Area and height regulations. Area and height regulations in an MHR, mobile home residential dwelling district, are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. Zoning Manual Rev.9-05 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the MHR district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in a MHR, mobile home district, are set forth in section 7-P,Permitted Use Table. 5. Other required conditions. The provisions of Ordinance No. 129 (Mobile Home Ordinance) of the City of Friendswood, Texas [chapter 50 of the Code of Ordinances],shall apply to[the]MHR district. F. CSC,community shopping center district,genera!purpose and description. The CSC, community shopping center district, is intended for a unified grouping, in one or more buildings,of several,typically between five and 20,retail and service shops or stores that provide for the regular needs and are for the convenience of the people residing in adjacent residential neighborhoods. Gross floor area in a community shopping center typically ranges from 30,000 to 100,000 square feet, and land area consists of two to ten acres in size. It is intended that the community shopping center be developed as a unit, with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to insure compatibility with surrounding residential environment. This district is ideally located at the intersection of two or more arterial or major streets with a service area of up to 1-V2 miles. Development of a community shopping center requires approval of a development site plan by the planning and zoning commission. 1. Area and height regulations. Area and height regulations in a CSC, community shopping center district,are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the CSC district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in a CSC, community shopping center district,,are set forth in section 7-P, Permitted Use Table. Office uses permitted in this district shall not exceed 30 percent of the gross non-pad site floor area of the shopping center. A specific use permit for a shopping center as a particular use is required before any building permit or certificate of occupancy may be issued in this district. 5. No CSC district shall be created which includes less than two acres. (Ord.No.2000-23 §2,8-7-00) Zoning Manual Rev.9-05 12 G. NC, neighborhood commercial district, general purpose and description The NC, neighborhood commercial district, is primarily intended for retail sales, services and office activities in a mixed grouping. This designation is intended for use along major thoroughfares and collector streets where larger tracts of land can be utilized as coordinated commercial centers. This designation is intended for use of land areas between one quarter acre and two acres. Structure size is typically between 4,000 and 20,000 square feet. Development of a neighborhood commercial district requires approval of a development site plan by the planning and zoning commission. Office uses permitted in this district shall not exceed sixty(60)percent of the gross building and structure floor area. 1. Area and height regulations. Area and height regulations in an NC, neighborhood commercial district, are set forth in section 7-Q.2, Regulation Max. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the NC district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an NC, neighborhood commercial district,are set forth in section 7-P,Permitted Use Table. 5. All land zoned NC, neighborhood commercial on the date of passage of Ordinance No. 99-6 shall be permitted one hundred percent use of gross building and structure floor area for office uses. For all land zoned NC after the date of passage of Ordinance No. 99-6, office uses shall not exceed sixty(60)percent. 6. Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety(90)percent of the total lot area. (Ord.No.2000-23 §2, 8-7-00) G.I. LNC, local neighborhood commercial district,general purpose and description. The LNC,local neighborhood commercial district,is primarily intended for retail sale of convenience goods or services for persons residing in adjacent residential areas. Other uses are permitted in LNC when they are of similar land use intensity and physical impact as those uses to be integrated into the surrounding residential area. Because the retail and personal service uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational and educational uses in the neighborhood, more restrictive requirements are placed on development relative to other commercial zoning categories. The local neighborhood district is intended for use at the entrance to residential areas and in some situations within the confines of a residential district. This designation is intended for use of land areas of up to one acre. Development of a local neighborhood commercial district requires approval of a development site plan by the planning and zoning commission. Zoning Manual Re,9-05 13 r. 1. Area and height regulations. Area and height regulations in an LNC, neighborhood commercial district, are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the LNC district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an LNC, neighborhood commercial district,are set forth in section 7-P,Permitted Use Table. 5. The gross building and structure floor space shall not exceed 4,000 square feet. 6. Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed eighty(80)percent of the total lot area. (Ord.No.2000-23 §2, 8-7-00) H. OPD, office park district, genera(purpose and description. The OPD, office park district, is intended to encourage and permit general professional and business office development in 'a fashion consistent with surrounding development. This district is ideally suited as a buffer between commercial and residential areas. As such it shall be considered for entrances and land adjacent to residential developments. The ultimate development is to provide land use intensity and landscaping consistent with surrounding areas. Development of an office park district requires approval of a development site plan by the planning a zoning commission. 1. Area and height regulations. Area and height regulations in an OPD, office park district,are set forth in section 7-Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the OPD district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an OPD, office park district, are set. forth in section 7-P,Permitted Use Table. S. Show window or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in professional or business offices. Zoning Manual Rev.9-05 14 6. Retail operations mat are primarily for selling to office park occupants are permitted. Examples of these retail operations would be restaurants, coffee shops, office supply, barbershops, gift shops, health spas, specialty stores. 7. One caretaker's quarters unit may be provided for each office park complex. 8. Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety(90)percent of the total lot. (Ord.No.2000-23 §2, 8-7-00) I. 1_ Comment 1Mst>�cel]:'c c________._________________________________________________``` Deleted:ODD,origlnalhuslism district,genaal purpose and description. The original business district is intended Downtoln District (DD), general Purpose and description — This district is to accommodate Fricndswoad's original designed to accommodate and promote Friendswood's original business and ' business area. This district is showy ov the mining map. The district is for downtown areas.area. It is intended to achieve a balance of retail, commercial, commercial office,service industry,and office, residential and public activities. Development within the DD should be public activities. Development ofan original business district requires nedestrian friendly with an emphasis on shared parking and shared access i approval of a development site plan by between developments. Development within the DD requires the approval of a the planning and inning crmmission.q development site plan by the Planning and Zoning Commission,__ ¶..Area and height regulations. Area 1. Area and height regulations. Structures within the DD are intended to be•'e t and g heigal ht regulations in an s district am ORD, et forth n between 1 to 4 stories. The maximum height allowed is 70 feet measured o section 7-Q.2,Regulation Matrix.q from the minimum habitable floor elevation. Additional regulations are set n q2..See seetion8 for supplementary forth under Section 7,O.2—Regulation Matrix. "„ '� disuictregulations.q a. No residential use shall be allowed on the first floor " 1 q �', 1 3..See section 9 for temporary ttrtificaze 2. See Section 8 for Supplementary District regulations „ , ofaoning compliance that may be granted 3. Permitted uses. Uses permitted in the DD,Downtown District,are set forth in j the adminiao-ativeoscialand specific n M' �' use permits that may be recommended by section?-P Permitted Use Table the planning and arming commission 0 i within the ORD district order certain e___________________________________________________ a, circumstances and conditions. J. PUD,planned unit development,genera purpose and description " 4..Permitted uses. Uses permitted in an ', �'t ORD,original business distdc4 me set This district allows for greater flexibility in the design and coordination of mixed r ;',' forth in section 7-P,Permitted Use Table. uses than in other districts.In no case shall a PUD be used for the sole purpose of r '„ Deleted:(Ord.No.2000-23§3,9-7. circumventing the intent of city ordinances or plans. Unless standards for , 00) elements of site design are specifically described in a rezoning ordinance for a r' Deleted:I PUD,the design and development standards of this Section shall apply to all land ti Formatted:Bullets and Numbering development within a PUD district. The City has three types of PUD districts: Deleted:<p>The Planning and Zoning General, Cluster Home and Mixed Use. The purposes of the PUD districts are Commission must approve the site plan for as development in the Downmwn further described in Section 8. H. hereof. The general purposes of all PUD, pstr ccq planned use development districts,are several fold: 1. To encourage unified design and development of tracts of land for uses including, but not limited to, residential, commercial, office, institutional, and industrial; 2. To accommodate innovation in development by modifying the City's land use and development regulations; Zoning Manual Rev.M5 is 3. To provide for and protect the public health, safety and genera,welfare of the City by assuring quality development in accordance with the City's Comprehensive Plan and other related goals; 4. To minimize the negative impact of developments,especially those related to drainage,environment,traffic and public services and related facilities; J 5. To protect and enhance the aesthetic and visual qualities of development; 6. To provide development of sites in a suitable fashion when such development is restricted by such factors as site location and shape; 7. To promote economic development in accordance with the City's plans for such. The PUD--Mixed Use District described in Section 8.H.3, is not designed for solely residential or solely commercial development, but is specifically for mixed use developments containing some combination of retail, office, residential and public space. Residential development may be restricted based on these policies and the Overall PUD plan. 8. Permitted uses. Uses permitted in a PUD, planned unit development district, the PUD and PUD-Mixed Use are set forth in section 7-P, Permitted Use Table. The approval, approval with conditions or denial of planned unit development districts and the combination of uses presented therein shall be at the sole discretion of the planning and zoning commission and city council based upon their judgment of the merit of the proposed district as related to the stated purposes of the district. 9. Prohibited uses. City council has determined that certain uses shall never be appropriate in a PUD, and these are set for in section 7-P, Permitted Use Table, in the column PUD-Mixed use, by the designation "NP" (not permitted). 10. Application requirements are listed in Section 8.1-1.hereof. [Ord.2004-12 § 1,8-2-04] K. Reserved L. A-I,agricultural district,general purpose and description. The A-1,agricultural district,is intended for the growing and/or marketing of agricultural products. 1. Area and height regulations. Area and height regulations in an A-1, agricultural district,are set forth in section 7-Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the A-1 district under certain circumstances and conditions. Zoning Manual Rev.9.05 16 4. Permitted uses. Uses permitted in an A-1, agricultural district, are set forth in section 7-P, Permitted Use Table. Residential development is prohibited in the A-1 district; however, dwelling quarters for onsite employees and their families are permitted provided such residential use conforms to the SFR district regulations including lot area, width and setback requirements and parking ratio. M. LI, light industrial district, general purpose and description. The LI, light industrial district, is intended primarily for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling, and service operations. This district is designed to upgrade industrial development standards, prevent industrial blight, and protect light industrial development from incompatible residential,commercial or heavy industrial uses. 1. Area and height regulations. Area and height regulations in an LI, light industrial district,are set forth in section 7-Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the LI district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an LI, light industrial district, are set forth in section 7-P,Permitted Use Table. N. I, industrial district,general purpose and description. The I, industrial district, is intended to provide for industrial uses and other uses not otherwise provided for in the other districts. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts and most commercial districts wherever possible. 1. Area and height regulations. Area and height regulations in an I,industrial district,are set forth in section 7-Q.2,Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the I district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an 1, industrial district, are set forth in section 7-P,Permitted Use Table. O. BP, business park district. The business park district is intended to encourage and permit light manufacturing and/or service operations and auxiliary retail and wholesale sales. The business(es) may be individually owned or leased by a Zoning Manuel Re,9-05 17 1 common owner. [tie types of uses, and the design [and] exterior appearances, [shall be] so controlled as to maintain the integrity and be generally compatible with adjacent surrounding residential and commercial development. All services, manufacturing and storage are to be indoors. This district shall access or abut major thoroughfare and/or collector streets. It is intended that the business park be developed as a unit. Development of a business park district shall be developed on a minimum of 10,000 square feet and shall be subject to site plan approval by the planning and zoning commission. 1. Area and height regulations. Minimum size business park 10,000 square feet,no structure within a BP shall be located within 25 feet of an exterior BP boundary(an exterior BP boundary is one that abuts a zone other than BP). 2. See section 9 for temporary certificates of zoning compliance that may be granted by the administrative official and specific use permit that may be recommended by the planning and zoning commission within the BP district under certain circumstances and conditions. 3. See section 8 for supplementary regulations. 4. Permitted uses. Uses permitted in a BP, business park district, are set forth in section 7-P,Permitted Use Table. 5. Light manufacturing is permitted only if limited to final machining, assembly,testing, processing and packaging into finished goods from raw materials produced elsewhere, such as electronic parts assembly, medical products processing, mechanical parts assembly and aerospace equipment processing. 6. Truck docking facilities are permitted provided they are located in the rear or side yard and screened from view of adjacent street right-of-way 7. Screening devices for refuse containers are required. 8. Parking shall be designated on the parking group section of the permitted use table. However, a minimum [of] four parking spaces per business or four spaces per 1,000 square feet of gross building floor space for each structure,whichever is greater,is required. 9. Performance standards shall conform to section 8-J.2. a. (2) as shown in the CSC zoning district. 10. Exterior requirements. All buildings to be constructed must have at least 65 percent of their exterior walls, excluding doors and windows, constructed of masonry materials, or concrete construction or a combination of masonry,concrete,aluminum or glass materials as may be approved by the planning and zoning commission. Zuniag Manual Rev.9-05 Is 11. Except as sped;ally provided in the permitted use table in section 7-P, retail sales shall be permitted as accessory uses only and then only to the extent that such sales are sales of products manufactured or serviced on the premises. Retail sales shall not be permitted as a primary use in the BP district except where specifically authorized in said section 7-P. (Ord.No.2000-23 §4, 8-7-00; Ord.No.2000-26 §3,8-7-00;Ord.No.2000-45 § 2, 12-18-00) P. Permitted uses 1. Use of land and buildings. Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, special conditions and all other requirements of the zoning ordinance. 2. Permitted use table The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter"P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district. The letter"S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only obtaining a specific use permit as set forth in section 9-G. No primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. The letter "O" in the OPD zoning .district means that the permitted use is for office functions only. Parking requirements are in section 8-F. The letters "NP" in the PUD-Mixed Use zoning district column means those uses so specified are not permitted under any circumstance. [Ord.2004-11 §3, 8-2-04 and Ord.2004-12 §2,8-2-04] 3. Uses not listed. Primary uses not listed in the permitted use table may be permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district,and be similar in traffic-generating capacity, noise,vibration,dust,odor,glare and heat producing characteristics. 4. Accessory use. A use which is customarily incidental to that of the primary existing use,which is located on the same lot or premises and [as the] primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use. 5. North America Industry Classification System (NAICS) Codes. The activity descriptions in the (1997) NAICS Codes prepared by United States Executive Office of the President, Office of Management and Budget, shall be used to determine the primary establishment uses when reference is made in the tables to a designated standard industrial classification. Every January, community development staff shall Zoning Manual Re,9-05 19 determine it`tiie manual has been revised. If the manual has .revised, . such revisions and changes will be summarized in a written report and presented to the planning and zoning commission. The commission will make recommendations to council regarding adoption of the revised manual and appropriate changes to the zoning ordinance permitted use table. The commission may recommend that an ad hoc committee review and propose revisions to the permitted use table. (Ord.No.2001-22, §2, 10-15-01) (Ord.No.2000-22§ 1,8-7-00) Zoning Manuel Rev.9.05 20 PERMITTED USE TABLE ,$FR& MFR- PUD- 'SFR-E R- MFR-L MFR-M MFR-H MIIR CSC NC LNC OPD ':DD PUD M ixe A-1 Ll I BP 1997NAICS I I Use -- Formatted Table Adult Entertainment 3 z_ ____S_ 3 ____ Deleted:NP Business Agriculture,Forestry, 111 Fishing and Hunting . III Crop Production O O O Q S P P Greenhouse,Nursery& O O S P P P P P 11 (Floriculture Production ------- Deleted:4 --------- 112 Animal Production O 0 O Q S P P 113 Forestry and Logging O Q S P P S P (' 113, Logging O Q S P S S Deleted:3 ^ ------------ Fishing,Hunting and 0 Q p 114 Trapping Support Activities for O O O O S P P P 115 Agriculture and Forestry Support Activities for O O O O S P 0 11 Crop Production Deleted:I 1 Mining 11 Oil and gas extraction O O S S IS Deleted:212 t Deleted:0 Mining,except oil and 0 0 ; 12 as — Deletetl:0 ____________- ,. Deleted:S 13 Miningsupport activities O O S S „'� Deleted:P � - Deleted: tilities—AllDeleted:P 2 ubrnte oriel - - - - - - - _ _ O O S P _ P �1 Deleted:P ( 1 Deleted:S Zoning Manual 2000 Rev.9-05 21 PERMITTED USE TABLE #2001-22 SFR& MFR- IPUD- MFR-L MFR-M MFR-H MHR'CSC NC'LNC OPD DD PUD MixedA-1 LI I BP 1997NAiCS SFR-B -:GILD - Use _ -- Formatted Table 3' . :Construction _ -- Formatted-rabic Building,developing and O O O O S P P P P 33 generalcontractin 34 Heavy construction O O O O S P P P S Special Trade O O O Q S P P P P 35 Contractors 1-33 Manufacturing 11 Food Mfg O O S P S S S Beverage and Tobacco O O S P S S S 12 product mf 13 Textile mills O O ,_ S S S Deleted:NP 14 rFextile product mills O Q S P S S S 15 kppirel Manufacturing O Q S P S S S Leather and allied O Q ,_ S P S 16 roduc[mf ---- ------ -------------- Deleted:NP Bather and Hide tannin O Q S ,_ ______ S ---- ---------------- ---------------- S Deleted:NP 1 d Finishing Deleted:) 21 Wood roductmf O O S ,_ ____S_ -P -- S _____________ Deleted:NP 22 Paper mf _ ._ ________________ Deleted:NP O O S ______ S ____ Printing and related P O P S P P P P 23 support activities Commercial S O S S P P P P 2 Litho a hic Printing — Deleted:110 Petroleum and coal O O S _ S S ____ Deleted:NP 24 roductsmf ------ �� 25 Chemical mf O Q S _ ____S S ____ Deleted:NP Zoning Manual 2000 Rev.9-05 22 I PERMITTED USE TABLE #200 PUD SFR& MFR- MFR-L MFR-M MFR-H MHR CSC NC LNC OPD pT) PUD MixedA-1 LI I BP 19971VAICS SFR-EI j GHD Use -- Formatted Table Pharmaceutical Preparation O O S ,_ _P_ P P Deleted:NP 2 Manufacturing ---------------- Deleted:4 Plastics and rubber Deleted:NP 26 products Mfg Rubber Product O O S ,_ P ___ - Deleted:NP 2 Manufacturin -- --- ------ ------------ onmetallic mineral O O S ______ P ____ Deleted:NP 27 roduct mf 31 Primary metal Mfg O Q S __ S ____ _____________ Deleted:NP Fabricated metal product O Q S S P `- ------ -- --- -------------"_- Deleted:NP 32 Mfg O Q S ,_ S P S -� 33 Machine mf ______ ________________ Deleted: Computer&Electronic - - O $_ S _P_ ____P_ P __ P_ _____ __- Deleted:o 34 Product Manufacturing Formatted:Not Strikethruu97 Electrical Equip, appliance and O O S P P P P Deleted:NP 35 corn onent Mfg Deleted:91 3 batteryn Manufactun O O S __ ______ ______ ___ __' Deleted:NP ------------- Transportation O O S S P . Deleted:NP 36 equipment Mf — - - - - ---- - l , ' Deletetl:I r Furniture and related O O S P S P r Deleted:O 37 products Mfg r '� Deleted:O r, 39 Misc.Mfg O Q S ._ __ _P_ P S ------------ �;; Deleted:S Deleted:P Medical Equipment& S S P S S P P P P Deleted: 339 Su lies Manulluturin ------------Ju.,' 2 holesale TradeDeleted:P 2 Wholesale Trade—allDeletea:P ( ' Deleted:P Zoning Manual 20DO Rev.9-05 23 PERMITTED USE TABLE #2001-22 MHR I PUD- SFR& MFR- MFR-L MFR-M MFR-H CSC NC LNC OPD DT) PUD fixed A-1 Ll I BP 1997NAICS SFR-E 'GHD. _ Use •--- Formatted Table ubeate ories 445 Retail Trade" •-- Formatted Table Motor Vehicle and Parts O O S P P P 41 Dealers New Car Dealers S O Q S P P P ----------------- Deleted:tl 4 Used Car Dealers S O Q S P P _ __. Deleted:12 Boat Dealers S O Q S P P P ___________ Deleted:22 Recreational Vehicle S O O S P P P Dealers - Deleted:21 4 Motorcycle Dealers S O O S P P P _ Deleted:221 } Automotive Parts, Accessories and Tire P S O O S P P P P Stores ------------- Deleted:3 Furniture and home P P O P S P P 2 4;mishing stores Electronics and P P O P S P P 3 appliance stores Bldg Material&Garden P P O P S P P P P 44 equip&supp dealers 45 Food&Beverage stores P P P O P S P S S Health&personal care P P P O P S P P P 46 stores 47 Gasoline stations P P P O P S P P TP Clothing and clothing P P P O P S P8 accesso stores I)Sporting good,hobby, P P O P S P j 51 book&music stores Zoning Mm.12000 Rev.9-05 24 PERMITTED USE TABLE #200 SFR�& MFR- PUD- MFR-L MFR•M MFR-H.MHR CSC NC LNC OPD DD PUD Mise A-I LI 1' BP 1997NAICS SF2-Ei GHD Use •--- Pormatted7able General merchandise P P P 0 P S P P P 52 stores 53 Misc.store retailers P P 0 P S P P P sed Merchandise P p S P P P P 5 Stnres - Deleted:3 _____________ Manufactured(Mobile) O ___ ______ ______ Deleted:P 5 Home Dealers ---------------- Deleted:93 All other Misc.Store P P P S P P P P 451 Retailers I ---------------- Deleted:9 452L TobaccoStores P P P S P ______________ _ Deleted:991 54 on-store retailers S S O P S P P P Electronic Shopping& P S P P P 454. Mail-Order Houses ________________ Deleted:) p Vending Machine O S P P P - _ - - Deleted:2 5 Operators - Other Direct Selling O S P P P 454, Establishments - Deleted.3 454, Fuel Dealers 0 0 S P S O ---------_ -- Deleted:31 'Transportatiom& 849 arehousin- 81 Air Transportation 0 O S P 82 Rail Transportation 0 Q S P S P S 83 Water Transportation 0 Q S P S 84 Truck Transportation 0 0 S P P P P 85 Transit&Ground S S O P S P S S S ,Passenger Transportation 86 Pi eline Transportation S S S S S S S S S S S P S S S S Zoning Mmml 2000 Rev.9-05 25 PERMITTED USE TABLE #2001-22 PUD SPR& MFR- SFR-E GHD MFR-L N1FR-M MFR-H MHR CSC NC GNC OPD DD P.UD Mixe A-1 L1 I BP' 1997 NAICS Use •--- Formatted Table - Scenic&sightseeing S O P S P P 87 Transportation Transportation Support S S O O P P P 88 services 8 Motor vehicle towingS O O S P P P O --------- Deleted:4 Postal Service P P O P S P P P P 92 Couriers&Messengers P P O P S P P P 93 Warehousing&Storage O S S P P P P 1 Information 11 PublishingIndustries O P S P P P P 91 Motion Picture&Sound S O SS_ S P P P P Deleted:o 12 Recordin ____industries -- --- _ ------ ------------- Broadcasting& S S O O S P P P P 513 elecommunications — Deleted:33 Telecommunication P P O P S P P P P Deleted:P 513, Resellers ___________ Deleted:P Information&Data P P O P S P P P ;;, Deleted: 14 processing services — ,,,, Deleted:P Deleted:P r' t__:__a_ _c__�_ e __�_ ____________ 2 Finance&Insurance � ''- -`- -�- -�- �.'- Delemd:s Finance&Insurance- a" Deleted:P all subcat a ories P P P P S P P P �a�` Deleted: 2 exce t522 - - - - - - - - - - - - N Deleted:P I Other Nondepository S O P S P p p p Deleted: Credit Intermediation — 2 awn shops) Deleted:P -� _____� - Formatted Table i 3 Real --- ------ --="- ----------- Deleted:298 Real Estate&Rental 8i Deleted: Zoning Manual 2000 Rev.9-05 26 PERMITTED USE TABLE #2M 'SFR& MFR- PUD- - SFR B FR- MHR CSC NC LNC OPD DD PUD ixe A-1 LI I BP 1997 NAICS MFR-L MFR-M MFR-H Use Formatted Table Real estate _ P P P P S P P P P ---------------- Fortnattetl:Sulke[hrough _ 531 Lessors of iniwarehouse or self P P S P P P P 53L storage units I I I - - Deleted:Ia P S O P S P P P 532 Rental&leasing service P Lessors of other nonfinancial intangible P P P P S P P P 533 asset Professional',Scientific. Deleted:P 4 &Technical Services rofessional Scientific Technical Services- P P P P S P P P all subcate ories exce t - - - - — — - — — — — — — 4 41 Research,development S O {S._ S P P P P _ Deieted:O 4 testingservices - --- ------ -- --- ----------"-�=- ----'---'---^ - Formatted Table Managements:of �� - Deleted:7 Companies& -- Deleted:P 5 E Enterprises Management of Companies& P P P P S P P P nter rises—all - - - - - - — — — — — — — — 5 subcategories A dmin/SupporhWaste '. �__ Deletetl:P Mgmt/Remediation 6 eryices --- Formatted Table Zoning M..I 2000 Rev.9-05 27 PERMITTED USE TABLE #2001-22 PUD- SFR-E HD MFR-L MFR-M MFR-H NCI LNC OPD,DD PUD ixe A-I LI I BP 1997NAICS - MHRCSC :Use •--- Formatted Table Admin/Support Waste M mt/Remediation Services-all _ _ - _ _ _ P P _ O P S P _ P _ P subcategories exce t 6 561 and 562 Services to dwellings S 0 O S P P P P 56L land other buildings ------------ _,— Deleted:7 Waste Management& 0 O S P S P S Formatted Table 562 remediation services 1. Educational Services.-.: - 11 Educational Services P P P S P S P P P - Elementary&Secondary S S S S S S S S O P S P S S S S 1 L schools _ Deleted:I 611, Junior Colleges S 0 P S P S S S P ------------- - Deleted:2 Colleges,Universities& S O P S P S S S P 61L Professional schools _ __- Deleted:3 Computer,Business& S O P S P S S S S ---_-__----- 1 L Secretarial Schools - Deleted:a Other School and P P S S P S P P P 61L Instruction Deleted:6 Health Care&Social 2 [Assistance: _ Ambulatory Health care P P P R S P P 21 services P 0 a S P P P 622 Hospitals Zoning ManW 2000 Re,9-05 28 PERMITTED USE TABLE #200 SPR& MPR- PUD- - SFR& FR- CSC NC LNC OPD DD. PUD Mixe A-1 Ll 1 BP 1997 NAICS MI R-L MER-M N1FR-H MHR Use •--- Formatted Table ursing&residential S S O S S P 23 care facilities Community Care P S S P 623, Facilities 24 Social Assistance P 0 P S P P - 624. IChild Da S S S S P S P O P S P Care Services — ________________ Deleted:4 Arts,Entertainment ______ - 1. and•Recreation --'--'- `-' - ' -�--'- - Deletea:P p.�� Deleted: Arts,Entertainment f" and Recreation all It,,,. Deleted: subcategories exce t - - - - - P _ - 4 P S In _ _ _ P Deleted:0 1 711.712.713 � Deleted:P - Sports Teams,clubs, Deleted:s racetracks,other S O O S P P °n�� Deletes:P I spectator s orts ____________'' o%` Deleted: n Museums,historical sites S S S S S S P S O P S P S S S S `, ��� Deleted: 12 &like institutions `„ Deleted: II Other Amusement �,� Deleted:P 13 and Recreation S ----S- S Industries Accommodation Formatted Table 2 Food Services Deleted:990 21 [Accommodation P O P S P P P Food services& P P O P S P P P 22 Drinking laces Drinking places P P P P P 2 Alcoholic Beverages) Zoning Manual 2000 Rev.9-05 29 PERMITTED USE TABLE #2001-22 ,SFR& MFR- PUD SFR-E GHD. MFR'-L MFR-M MFR-H MHR�CSC NO LNC OPD DD PUD Mixe A-1' LI 1 1 13P 1997NAICS Use •--- Formatted Table -Other Services(except 1 Public Administration Automotive Repair P S O S S P P P 81 L Shops - Deleted:1 81L Welding Shops S O O S P P P P P P P P P S P P P 812, Personal Care Services ---------------- Deleted:) 81Z Death Care Services __________ Deleted:2 81Z Other Personal Services Deleted:9 eligious/Grantmaking/ Prof/Similar P P O. P S P 813 organizations S S S S S S P P P O S P S 81 ell •ous 0 Panizations Deleted:1 Civic,social and S S S S S S P P S O P S P P P 81 fraternal associations I I I I ________________ Deleted:4 814 Private households P P P P P P P a P P 2 Public Administration ..,_ Deleted:P ,,,F61 Public Administration _ all subcate ories exce t _ P 4 1 S P P P 2 922 2 orrectional Institutions S ____________•_--- Formatted Table Residential Uses Deleted:14 i luster HousingP P P P P Mobile Home Parks P • ---------------- Deleted:P , ode)dwelling unit P P P P P P S P _____________ Deleted:P zooms Mwwl2000 Rev.9415 30 PERMITTED USE TABLE #2001 SFR& MFR- PUD- SFR-B GHD. MFR'-L MFR-M MFR-H MHR CSC NC LNC OPD DD PUD MixedA-1 LI 1 BP 1997NAICS Use, •--- Formatted1rabie Multi-famil dwellings P P P P �_ S_ P _ __ ________________ Deleted:P Single tinnily dwellings P P S S S S _ S_ _P_ P __S_ S ____ - Deleted:P ownhouses P P P P _ p_ _____ ________________ Deleted:P Accessory £amyl dwellin s P ._ S_ _P ___ _ ________________ ccessory Residential Deleted:P Uses Accessory Building P P P p P P Structure or use --- ------ -- --- ---------------- Deleted:P Cable Television P P p P P P P P P P P P P P P P P transmission line — Electrical Substation S S I S S Electrical Transmission P P P P P P P P P P P P P P P P P ,Line — Home Occupation P P P P P P P P P I —� Private Recreation Facility P P P P P P P S P Servants or caretaker P P P P P P P P S P P P P uarters — SwimmingPool P P P P P P P P P Telephone exchange, witching relay or S S P P P P P P S P S S P P P P P "smitting station lUtility Business Office P P P P S P P P P Utility service or storage S S P P P S ard or buildin s Formatted:Superscript (a) r'floor and above - Formatted:Numbered+Level:6+ --------------------------- Numbering:Numle:b re +Le Start tbl Leeend at:1+Alignment:Left+Aligned at 1. P—Permitted 3.63"+Tab after: 3.89"+Indent at: 2. S—Special Use Permit Required 3.88" 3. O—Office Use only Formatted:Numbered+Level:7+ 4. -Not Permitted Numbering style:1,2,3,...+star, _ at:1+Alignment:Left+Aligned � I NOTE: TBD-Number of parking spaces to be agreed on by applicant and City 4"+Tab after: 4.25"+Indent atl 4.2s" Zoning Manual 2000 Rev.9-05 31 PERMITTED USE TABLE #2001-22 (Ord.No.2002-1,§ 1, 1-21-02) (Ord.No.2004-12 §2,8-2-04) (Ord.No.2004-11 § 1-3,8-2-04) (Ord.2004-21,§ 1-3, 12-06-04) -j .l Zoning Manual 2000 Rev.9-05 32 Q. District area and height regulations. 1. No lot,parcel,premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area,width,depth,yard and height regulations as set forth in the tables labeled section 7-Q.2,Regulation Matrix. 2. (See Regulation Matrix) Zoning Manual 2000 Rev.9.05 33 REGULATION MATRIX-RESIDENTIAL DISTRICTS Circled letters(letters in parentheses)refer to paragraphs in section 7-Q.3 Yards-Minimum Feet _ Side Exterior Corner Lot Backing Backing Lot Area Up to an Up to an Heigkt Units Minimum Abutting Abutting Maximum Parking Zero Lot Maximum per Square Lot Interior Side Rear .Feet Requirement Lines Lot Acre Feet Width Front Rear a d Yard Yard b and a Unit Y or N Covera e SIRl Single Family 2.7 11,600 90 A 25 B 25 10 F 25 A 20 C 35 2 No 35% Residential SFR Single Family 2.7 15,600 120 A 25 B 25 10 25 B 20 C 40 2 No 35% Residential SFR-E Single Family Residential 0.5 87,120 150 A 75 25 25 35 35 40 5 No 20% Estate MFR-L Multi Family 6 G 7,260 G 45 G 25 B 25 10 E,I 25 B 20 C 35 2 No 50% -Low MFR-M Multi Family 9 25 B 0 10 E,I 25 B 20 C 35 2 No 50% -Medium MFR-H Multi Family 12 25 B 0 10 E,I 25 B 20 C 35 2 No 50% -High MHR Mobile Home 10 25 B 25 101 30 25 B 20 2.5 No 50% Zoning Msntud 2000 Rev.9-05 34 REGULATIr,�.:.[ATRIX-RESIDENTIAL DISTRICTS -cont'd/ Circled letters(letters in parentheses)refer to paragraphs in section 7-Q3 Yards-Minimum Feet Side Exterior Corner Lot Backing Backing Lot Area Up to an Up to an Height Units Minimum Abutting Abutting Maximum Parking Zero Lot Maximum per Square Lot Interior Side Rear Feet Requirement Lines Lot Acre Feet Width Front Rear a d Yard Yard b and a Unit Y or N Covera e AI 25 B 25 101 25 B 20 C 35 2 No 10% MFR-GHD Garden Home 6 6,000 60 5 B,H 10 0 D,J 5 B,H 4 C,H 35 2 Yes D 50% District PUD-Cluster Home District 2.7 6,000 40 20 B 15 51 20 B 20 C 35 2 No 40%. 20%Open Space PUD-Cluster Home District 3 6,000 40 20 B 15 51 20 B 20 C 35 2 No 45% 30%Open S ace PUD-Cluster Home District 4 6,000 40 20 B 15 51 20 B 20 C 35 2 No 50% 40%Open Space A. Lots of less than 120 feet wide require curbs. Lots 120 feet wide or greater may use open ditches. B. Thirty-five feet on thoroughfares. C. Twenty-five feet on thoroughfares. D. Zero set-back on side only,minimum five-foot separation between buildings. E. Ten foot minimum separation between buildings. F. Lots currently in existence with less than 90 feet of width that have structures already built upon them may continue with the same existing set back for additions provided they are not less than a minimum of five feet. G. Developer must elect either units per acre or lot area. Two family residential units on two lots are required when lot area is elected. H. Front yard and exterior side yard setbacks shall be measured from the edge of the street ROW or the edge of the Drainage Utility/Access - easement(if streets are private)whichever is greater. I. Twenty-five feet when abutting land zoned single-family residential(SFR)district. J. Ten feet when abutting land zoned anything other than MFR-GHD(Garden Home District). REGULATION MATRIX-COMMERCIAL DISTRICTS Circled letters(letters in parentheses)refer to paragraphs in section 7-Q.3 Yards-Minimum Feet Side Interior Exterior When Abutting Property When When In a When Backing Backing Lot Area Lot Lot Residential Abutting Up Up Height Mini- Width Depth District or Property to an to an Maxi- Maxi- Deleted:0 mum Mini- Mini- Garden In allon- Abutting Abutting mum Landscape Excep- mum Deleted:0 , Zoning Square mum mum Rear Home Residential Side Rear Feet Require- tion Lot Deleted:I District Feet Feet Feet Front a District District Yard Yard b and a ments Notes Coverage oDD 0 Deleted:7 T CSC 1 15,000 1 100 150 30 1 15 1 25 10 1 25 10 1 35 Yes Ne 30% [s,000 Deleted:•9 NC 12,000 100 120 30 20 25 10 25 10 35 Yes D 30% i i 100 Deleted:9 ( ,, 150 LNC 10,000 100 100 30 25 25 10 25 10 35 Yes D 30% iJ f Deleted:1 i ' �,� 30 Deleted:I DD 15,0000 0 0 see i5 0 0 0 ______70 Yes______E 60%° ,;,; Is note --- ------- ------- --— — — _ - - Deleted: 25 r Deleted:I OPD 10,000 100 100 30 15 25 10 25 10 35 Yes 30% to Deleted:I BP 10,000 100 100 30 25 25 10 25 10 35 Yes 40% 25 Deleted:q to LI 15,000 100 100 30 25 25 10 25 10 35 Yes A,C 50% +. 35 Deleted:¶ ` Deleted:¶ 1 20,000 100 100 30 25 40 10 25 1 10 35 Yes B,C 60% Yes ` Deleted:¶ (Ord.No.2000-45 § 1, 12-18-00) Deleted:1 s0^r A. When LI district is across the street form a residential district front yard shall be 40 feet from street R.O.W. B. When I district is across the street from a residential district front yard setback shall be 50 feet from street R.O.W. C. When industrial district abuts side and/or rear residential district setback shall be 89 feet. D.Minimum rear yard setback shall be 15 feet when rear yard abuts a non-residential district. •- Formatted:Bullets and Numbering E. Lots within Downtown District(DD)jn existence prior to the creation of the DD, hall be deemed as lawfully existing And shall be allowed to - Deleted:whleh w. develop under DD regulations Further.tracts of any size inexistence prior to the creation of the DD may be combined into larger tracts and _ Deleted:are developed,even if the aggregate size is less than 15,000 so.ft. Further no lot classified as within the DD zone may be subdivided to less than the _— Deleted:legal minimum size of 15,000 sq.ft. Rear yard setback shall be 15 feet when rear yard abuts a residential district(Residential __ ______ Deleted:, District or Garden Home District land 0 feet when rear yard abuts a non-residential district ^' Deleted:I Formatted:Font:12 pt Formatted:Indent:Left: 3" 3. Area and height exceptions. a. Unattached accessory buildings or structures less than twenty feet (20) in height, as measured from the adjacent grade to the highest point of any portion of such building or structure, may be located in required rear or side yards within residential districts provided they are set back not less than five feet(5) from any interior side lot line, twenty feet (20) from any side lot line adjacent to a side street,and ten feet(10)from any rear lot line. (Ord.No.2002-1,§2, 1-21-02) 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), Neighborhood Commercial (NC), Office Park Deleted:Original Business District (OPD), Light Industrial (LI), Industrial (1),-Business-Park- lOBDI• (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), Deleted:Original Business District Neighborhood Commercial (NC), Office Park (oBD) (OPD),Light Industrial(LI),Industrial(1),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. Zoning Manual 2000 Re,9.05 39 1 Ord. 2005-32, 10-17-05 (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. R) The maximum height allowed for structures within the•--- Formatted:Bullets and Numbering Downtown District MD) is 70 feet measured from the minimum habitable floor elevation C. Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan. d. When individual attached townhouses or condominiums are to be sold separately, there shall be no minimum lot area requirements provided that the total land area of the project, including the land on which the units are located and the land held in common ownership by the unit owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located. C. The height regulations of this section shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, storage towers, flagpoles, monuments, ornamental towers or spires, cranes, construction equipment, smokestacks, stage towers and scenery lofts, tanks, water towers, ham radio and television antennas, [and] microwave relay, radio and television transmission towers. f. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be fifteen(15)feet. (Ord. No. 85-37, § 1, 1-6-86; Ord. No. 89-10, §§ 1 - 3, 9-11-89; Ord. No. 89-18, § 1, 11--16-89; Ord. No. 90-5, § 2, 3-5-90; Ord. No. 90-6, §§ 1,2, 3-19-90;Ord.No. 90-18, § 1,7-23-90; Ord.No. 92-15, § 1, 10-5-92; Ord. No. 92-16, §§ 1, 2, 10-19-92; Ord. No. 93-5, §§ 1 - 3, 4-19-93; Ord.No. 93-8, § 1, 6-7-93; Ord.No. 94 - 4, § 1,4-18-94; Ord.No. 2000-26 § 1, 8-7-00; Ord.No. 2002-1, § I -2, 1-21-02) Section 7.5 Community overlay district 1. General purpose and description_ The Community Overlay District ("COD") is intended to preserve and enhance the physical characteristics of the City of Friendswood along its entryways and Zoning Manual 2000 Rev.9.05 40 in the downtown area by promoting the safety, welfare, convenience, and enjoyment of travel along these roads; providing for unified and orderly development; and promoting and aiding economic growth. The establishment of a COD does not repeal the underlying zoning classification of property to which the COD applies. The requirements of the COD are in addition to the requirements of the underlying zoning district, with the exception of the Downtown District. The COD does not apply to the DD. The DD is subiect to Supplementary Regulations and the DD______- Deleted:t geographic limitations asghown on the Official Zoning map. The______ - peleted:as COD includes the following thoroughfares: FM 2351 from Deleted:ou lined nder secdaneof Friendswood City Limit to Friendswood City Limit, FM 518 fromom�aoee the Friendswood City Limit to the Friendswood City Limi exce t_____ -- peleted:, for that portion %vithin the Downtown District, FM_528 from oeleted:which is loaxmd Friendswood City Limit to Friendswood City Limit, Friendswood Lakes Blvd. (also known as Brittany Bay) from Friendswood City Limit to Friendswood City Limit, Bay Area Blvd. from Friendswood City Limit to FM 528. 2. Boundaries. Those areas designated as within the COD shall extend parallel along the frontage of each tract along the thoroughfare and extend 300 feet or to the rear of the property, which is ever is closer. 3. Screening. The following uses on the site shall be screened to a height sufficient to completely screen the use from view at ground level. For the purposes of this Subsection, 'view from ground level" shall mean the view from public walkways situated in the adjoining rights-of-way or from vehicular traffic in the first two traffic lanes in the bordering streets of the COD. a. All outside storage; b. Industrial activities; C. Off-street loading areas; d. Refuse storage areas,dumpsters,and all related activities; e. Air conditioning, refrigeration, heating, and other mechanical and electrical equipment; f. Microwave and satellite antennas not otherwise preempted from regulation by applicable law or regulation; g. Detention ponds*;and h. Garage bays fronting on the thoroughfares described in Paragraph 1 above. An opaque screen composed of berms**,walls,fences,vegetation, or a combination of these materials between the property line and the development shall be used;however,in no case shall any of the above mentioned activities be closer to the street than the setback line. Zoning Manual 2000 Rev.9-05 41 *If detention ponds are part of the landscaping plan, screening would not be necessary. Ponds may be located no closer than 10 feet from abutting rights of way if the pond serves the subject property only. ** Berms used for any type of screening will be limited to a height of three(3)feet above finished grade at the front property line(not including detention facilities)and shall be landscaped. 4. Utilities. All permanent utilities serving the property shall be located underground,at owner's expense. 5. Landscaping. The minimum landscaping requirements for areas within the COD shall be as follows: a. All landscape buffers shall be provided with architectural and/or landscape materials to screen structures, facilities, drive areas,parking areas, etc. Shrubs shall be a minimum height of two(2)feet when planted. Mature shrubs shall be maintained in a live or living condition to a maximum height of 3 foot 6 inches. b. Nothing contained in this Paragraph 5 shall be deemed to reduce applicable landscaping requirements contained in other sections of this Code, or any ordinance specifically applicable to a development (i.e. Specific Use Permit or Planned Unit Development). 6. Architectural elements. Garage bays or other similar large openings designed for automotive or industrial work, or designed for vehicles to drive into, shall not front a COD thoroughfare unless screened with architectural or landscaping materials as outlined under Paragraph 3 above. This prohibition shall not include drive-throughs such as are typically found at banks or fast food establishments. In the event that COD requirements overlap at intersections, architectural requirements regarding garage bays shall apply only to the frontage on one street as designated on the site plan. a. Connnercial. (1) Commercial developments shall have exterior cladding on those portions of a building visible to a COD thoroughfare, of wood, brick, masonry, stone, stucco,or glass. (2) The design of walls and other structures located on the same site, including those used to screen outdoor storage areas, dumpsters, vehicles, etc., Zoning M..12000 Rev.9.05 42 shall be constructed of the same materials as the main building on the lot. (3) Provided however, notwithstanding subparagraphs, (1) and (2) above, an applicant may present to the Planning and Zoning Commission, on the site plan, specifications which include elevation drawings, of proposed alternative materials. The Planning and Zoning Commission may approve such alternative materials if they meet or exceed the appearance and durability requirements above. b. Residential: (1) Residential developments not facing a COD thoroughfare shall be required to install a visual barrier to a minimum mature height of six (6) feet as measured from the finished grade. The barrier shall be set back from the street right-of-way line by a minimum of ten(10) feet. Various materials may be utilized, including landscaped earth berms, provided the materials are durable and require low maintenance. All barriers shall be maintained by the owner of the property on which such barrier is located, or by a Home Owners Association. If a Home Owners Association is to provide such maintenance, the obligations therefore shall be set forth in writing, and filed of record in the same manner that other restrictive covenants are filed. Subdivision plats submitted for residential property along a COD corridors shall include detailed information and visual representations of the proposed barrier, and such other information as deemed necessary by the Planning and Zoning Commission to establish compliance with this subparagraph. (2) Trees shall be planted adjacent to the barrier,on the COD thoroughfare side, at intervals of twenty-five feet (25'), with one-half having a minimum caliper of four inches (4") and one-half having a minimum caliper of two inches (2"). Existing qualified trees may be counted toward fulfillment of this requirement provided that the size, species, and guaranteed duration shall meet the criteria of the landscaping section of this ordinance. (Clustering of trees shall be permitted: provide however, clustering shall not reduce the number of required I i Zo,ung Manual 2000 Rev.9-05 43 trees, and trees shall not be clustered so as to lessen the survival rate of other trees.) Ord.No.2006-15, §3,7-24-06 Section 8. Supplementary district regulations A. 1<sibility at intersections in residential districts.On a corner lot in any residential district, vegetation shall not be planted or allowed to grow in such a manner to materially impede vision between a height of 2 Y2 feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines on such corner lots and a line joining points along said street lines 25 feet from the point of the intersection. B. Fences, walls and kedges. Except as provided below, fences, walls and hedges are permitted in or along the edge of any required yard. However,no fence,wall or hedge shall be constructed on any exterior side yard so as to constitute a hazardous visual obstruction to traffic in any direction,and same must conform to subsection A.of this section. Additionally,fences,walls and hedges may only be constructed in front yards on lots adjacent to FM 528,FM 2351 and FM 518 north of FM 2351 and south of FM 528, or on lots greater than two (2)acres,provided that no hazardous visual obstruction is created. Additionally, fences must be installed with the finished side facing outward. C. Accessory buildings. Except as specifically permitted by this Ordinance, no accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other buildings. D. Erection of more than one principal structure on a lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard, street frontage and other requirements of this Ordinance shall be met for each structure as though it were an individual lot. E. Structures to have access. Every building hereafter erected shall be on a lot adjacent to a public street, an approved_private_street,°or_provide written Deleted:ur documentation for shared access asreements,and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, Ehared parking andorpff-stre9tporking_________________________________ Deleted: Deleted: F. Off-street parking and loading regulations. 1. Off-street parking regulations .Purpose It is the intent of this section to assure that adequate pfl-street parking_is provided with the construction,__-- Deleted:ahare�a or alteration, remodeling or change of use of any building or change in the use of land. Specific guidelines regarding recommended off-street parking spaces and parking lot geometrics shall comply with the requirements of the current Design Criteria. Zoning Manual 2000 Re,9.05 44 'z a. Approval by the Commission shall be required of parking area_- Deleted:the layouts and design of all gff_-street_parking, includinshared_---- Deleted::bated and parking areas,_The city engineer shall lender to the Commission `' Deleted: a ea: recommendation regarding the usability of the proposed parking o - Deleted: shall be approved by the spaces,and the adequacy ofe D � vehicularcircuration attem "I Commission with the recommendation of T_-- --- ------1 IP to Deleted:by b. Bonus for landscaping of off-street parking facilities. The , ` Deleted:the city engineer minimum off-street parking requirements shall be reduced up to a t`s'r; Deleted:determine maximum of 50 percent of the requirement where an equal percent \ Deleted:h is of the total parking area has been retained and developed as s Deleted:0 spaces d are landscaped open space area. The percent of the landscaped open usable,and that the provide space area shall determine the maximum percent reduction, which Deleted: of the arcs isadequate will be permitted in the total number of off-street parking spaces. C. Downtown District parking. To promote pedestrian friendly environments,shared______- Deleted:To encourage shared parking, arking and shared parking access are encouraged. pJ gm ead-in arkinav b allowed in sbared access and promote pedestrian P 1_"_ ___� ei friendly environments,on-street parking the DD with the approval of the Commission upon recommendation of the City engineer 11 is allowed within the DD except along in areas at least 400' from FM 518 and/or FM 2351. No on street parking is allowed on P mu 51a.Approval for mm ssi n with _1 P must be made o the Commission with FM 518. Parking and parking lot eeometrics shall comply with the requirements I °, the recommendation of the city engineer. _-___t ,' geometriePuking s com with the of the current Design Criteri�(NOTE from Olson: What is the standard for head-in o ,r g parking y — --------------------- -- -- parking? We need one.l________ Ord.No.2004-11 4, 8-2-04 u „' requirements of the current Design 0 s 0'p' Cnrena. A' ,a" G. Off-street loading regulations. The intent of this section is to ensure that an P`,p' ', Formatted:Not Highlight I adequate off-street loading area is provided with the construction, alteration, or 5"";,,' Deleted:is r change of use of any business building or structure, or with any change in land 11$"11,'r Farmatted:Not Highlight I use. „1%1 Deleted:on block Formatted:Not Highlight 1. The owner and occupier of any property upon which a business is located op' Formatted:Not Highlight shall provide loading and unloading areas of sufficient number and facility 0 Formatted:Not Highlight to accommodate on such business premises all vehicles that will be ';, Deleted:q reasonably expected to simultaneously deliver or receive materials or merchandise, and of sufficient size to accommodate all types of vehicles ', Deleted:q that will be reasonably expected to engage in such loading or unloading Formatted:Left,Indent:heft: 0", Hanging: 0.5",Line spacing: At activities. least 2 pt 2. Any person desiring a building permit for the construction, alteration, or change of use of the land or any business building or structure shall submit a plot plan to the building official designating the number,dimensions and locations of all loading areas and all proposed avenues of ingress and egress to the property from adjacent public thoroughfares. The building official shall not issue such permit if it is determined that the proposed loading and unloading facilities will present a direct or indirect hazard of vehicular or pedestrian traffic. H. planned unit development standards and requirements. 1. General plait. Prior to the issuance of a specific use permit or any building permit for property located in a PUD, planned unit development district, a general land use and density plan must be submitted to the Zoning Manual 2000 Rev.9-05 45 planning and zoning commission. The plan shall include a schematic land use plan identifying proposed general uses, densities, major open spaces, circulation and access features, elevations reflecting the general architectural and landscaping features, and a statement indicating proposed phasing of development and the projected timing of each phrase and the purposes for which the project is to be utilized. The planning and zoning commission shall forward the plan with its recommendation to the City Council. The applicant shall pay a processing fee as established in section 14. Advertisement and public hearings shall be held by the planning and zoning commission and City Council in accordance with the notification procedure set forth for a rezoning application. 2. Cluster home development For purposes of this ordinance, a cluster home development is a development where residences are located on a portion of the developable area so as to concentrate the remaining open space in the remaining area, which is protected from development. To gain approval as a cluster home development the project shall have the following characteristics: a. Open space to remain undeveloped shall be equivalent one of three minimums: At least twenty percent (20%) , at least thirty percent (30%) or at least forty percent (40%) of the total project area subject to the density requirements set forth in subparagraph b. below. The area of amenities within a dedicated Open Space (for example: green space, trails, lakes, pavilions, benches, outdoor cooking facilities, detention areas and the like), may be counted as part of the Open Space calculation. b. Density allmved:20%open space shall allow a density of up to 2.7 units per acre;30%open space shall allow up to 3.0 units per acre; 40%or more open space shall allow up to 4.0 units per acre. C. Lot area: Must total a minimum of 6,000 square feet. d. Lot coverage: 20% open space shall allow overall lot coverage of up to 40%; 30%open space shall allow overall lot coverage of up to 45%; 40% or more of open space shall allow overall lot coverage of up to 50%. e. Lot Frontage: There shall be a minimum 40 feet of lot frontage required. f. Lot Setbacks: Refer to the Section 7.Q.2 the Regulation Matrix— Residential Districts for building set backs which are based on the percentage of Open Space preserved in the overall development. g. Commission may grant a modification to reduce the street pavement widths of streets or reduce Rights-of-Ways only if the open space equals 30% or more of the overall project. Should a Zoning Manual 2000 Rev.9.05 46 modification be granted, the ROW may be reduced from 60 ft. to 50 ft.in width;street paving may be reduced from 28 ft.to 24 ft.so long as no driveway access is permitted to the reduced pavement. In addition,the modification must include a 10 ft. landscape buffer on each side of the paving with minimum 5 ft. sidewalks along each buffer. h. Open space and Green Space shall be platted as an open space restricted reserve, and shall be restricted from future development. Green space may never be developed or converted to Open Space. i. Open space in a cluster home development may be included in the calculation for park dedication credit under the Subdivision Ordinance, but such credit shall not exceed fifty percent (50%) of the total allowable park dedication exaction. j. Above ground development infrastructure within open space shall be minimized or eliminated except as required for detention. Open space in a cluster home development shall meet the following requirements: (1.) A landscaping plan shall be submitted as part of the general land use plan. (2.) Restrictive covenants shall be filed in the public records of the appropriate county providing for the creation and continuing operation of one or more property owners associations (POA). The restrictive covenants shall require that all owners of property contained in the development be members of the POA. The POA created pursuant to the restrictive covenants shall be responsible for maintaining all green or open space contained within the development. Restrictive covenants shall be in a form approved by the city attorney, and the city reserves the right to be included as a party or a third party beneficiary with enforcement powers. (3.) The open space may,alternatively,be dedicated to the City, with the City's agreement. (4.) Only above ground low-impact features of limited scope and requiring minimal infrastructure for maintenance such as maintained trails, shelters and playgrounds may be permitted in an open space restricted reserve (Ord.No.2000-24, §24,8-7-00;Ord.No.2005-9, §1,2-21-05) 3. M&ed Use Development. To initiate a zoning change to PUD-mixed use,planned unit development district,a general land use and density plan must be submitted to the planning and zoning commission. The plan shall include a schematic land use plan and an illustrative master plan identifying proposed general uses,densities,major open spaces, Zoning Manual 2000 Rev.9-05 47 1 circulation and access features, examples of typical elevations reflecting the general architectural and landscaping features, a statement indicating proposed phasing of development and the projected timing of each phase and the purposes for which the project is to be utilized. The applicant shall pay a processing fee as established in section 14. Advertisement and public hearings shall be held by the planning and zoning commission and city council in accordance with the notification procedure set forth for a rezoning application. a. An application shall consist of the materials and information described below, in as great a detail as possible. Unless specified below as being required in a specific format, the information shall-consist of drawings and written documents providing the information requested. (1). A general master plan,and an illustrative master plan, both drawn using a standard engineering scale. Electronically formatted drawings and copies (24"x 36")and smaller(11"xlT')shall be provided,and all drawings shall be in color. The master plan representations shall identify the land use mix that is proposed in the overall development, and shall be accompanied by sufficient tables or additional information to identify the density of uses, or the approximate acreage and gross floor area for each use. The list of uses shall include the land area estimated to be dedicated to parking, streets, parks, trails or open space, and other privately owned or public facilities such as drainage.No more than thirty five percent (35%) of the total acreage shall be allocated to residential uses. (2). Information for proposed development standards for each type of use, including setbacks, height, bulk, coverage, placement, configuration, number of buildings, minimum landscaping and screening requirements, if these are proposed to be different from the standards in the City's current zoning ordinance. (3). Information on the proposed preservation and protection of environmental and natural features, including significant trees. (4). Examples or typical descriptions for the design and exterior appearance of the buildings, by use or phasing if appropriate. (5). Declaration of intent to follow the City's sign ordinance, or submittal of sign standards that are more stringent than the City's ordinance. (6). A general description of lighting within the proposed development, such as use of ballards, decorative lighting, limitations on overhead or other types of Zoning Masud 2000 Rev.9.05 48 lighting. All lighting must meet or exceed city lighting regulations. (7). Proposed location of major streets, drives, possible parking, pedestrian and bike-ways, or other transportation methods that interconnect the proposed uses. All design of these elements must meet the City's Design and Construction Specifications, at the time of platting, or, if standards are not specified therein, design specifications must be identified no later than the final plat. (8). A general statement identifying the potential timing, sequencing and phasing of the development, including coordinating the type,location and intensity of development permitted with_the construction and availability of public facilities and services. (9) Provision for the construction of public improvements and utility facilities on-site or as may be otherwise required to serve and benefit development within the district, or as required to mitigate impacts resulting from the development or on other properties and uses outside of the district. (10). Preliminary information regarding future ownership and maintenance of proposed common areas within the district. Developers shall provide for the perpetual maintenance of such areas, shall submit restrictive covenants providing for such maintenance no later than the final plat application. b.. Application and Approval Process (1). A Development Review Committee meeting with staff is required. Following, such conference, a conceptual plan application must be submitted to the planning and zoning commission,-which shall review the plan,but shall not take action on it. Such a plan shall be for informational purposes for both the planning and zoning commission and developer, for identifying major issues with the proposal (2). An application, containing three (3) copies of the documents described in subparagraph 3 above, must be submitted to City staff prior to the scheduling of ' the public hearing. (3). Joint public hearing, following which an ordinance rezoning the property shall be required. (4). Action by planning and zoning commission,then city council, and readings of the rezoning ordinance as required by the City Charter and this Ordinance. (5). The rezoning ordinance shall include as exhibits the master plan,and all components of the application or Zoning Mannar 2000 Rev.9.05 49 other conditions and information necessary to provide complete documentation of the regulations applicable to the specific district. C. Site Plan requirements. A site plan shall be required at the time of building permit application for every commercial and multi-family use located in a PUD—Mixed use district. The Director of Planning, or their designee, will review the site plan to verify compliance with the specific PUD—Mixed use Ordinance adopted by city council, all attachments, and other applicable City ordinances. If the site plan complies with such requirements, the plan shall be approved and such recommendation forwarded to the Building Official. d. Modification of Standards proposed within a PUD—Mixed Use Following adoption of a PUD--Mixed Use ordinance pursuant to this section, all subsequent plans prepared for the development of any portion of the property within a PUD--Mixed Use must substantially conform to the approved plan in accordance with the standards of the PUD--Mixed Use ordinance, this ordinance, this Section, and all other applicable ordinances of the City. Provided, however, that the City recognizes that market conditions may alter the development of a large PUD--Mixed Use, and hereby provides that alterations in the land area, or square footage, as appropriate,covered by a category of use,may be varied by not more than twenty-five percent (25%). In no case shall such variations change traffic or circulation patterns, substantially alter the number or arrangement of buildings, increase the height of buildings, lessen the amount or effectiveness of open space or landscaped buffers, or result in a greater impact on adjacent properties or neighborhoods. Percentage changes specified herein shall be the maximum change allowed; multiple changes exceeding those percentages shall not be approved administratively, but shall require the owner to submit an application for an amendment to the district. In no case shall the percentage of total acreage devoted to residential use exceed thirty- five percent(35%). e. A PUD--Mixed Use is a unique zoning classification, and shall be granted only when the planning and zoning commission and city council determine that the applicant has submitted a complete application containing sufficient detail regarding the mix of uses and the overall development plan and how such proposal is consistent with the purposes of this district. However, unless specifically described and addressed in the application and resulting ordinance, all other design standards of the zoning ordinance shall apply to a PUD-Mixed Use. [Ord.No.2004-12§4,08-02-041 Zoning M..12000 Rev.9.05 50 I. Landscaping and screening requirements. 1. Purpose. The provisions of this Subsection I for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial, institutional and industrial areas,to conserve the value of land and buildings of surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the community. In furtherance thereof, trees utilized to comply with the requirements of this Subsection I shall be of a type contained in the list of Qualified Trees approved from time to time by the City Council and contained in the City's Design Criteria Manual ("Qualified Tree List"). 2. Perimeter landscaping and screening. a. When a commercial (CSC, LNC, NC, OPD, DD_PUD, A-1) or__,- Deleted:can industrial(LI,I, BP)use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, or when an industrial use is established on a lot or premises adjacent to any property located in a commercial zoning district,a ten-foot in width landscaped open space buffer strip shall be installed and maintained by the owner,developer or operator of the multiple family dwelling, commercial or industrial property between it and the adjacent protected property. In addition, an eight foot high opaque fence or wall shall be erected and maintained along the common property line. Graduated fences may be allowed by the city,when the safety and general welfare of the public would be better protected by such design. The fence or wall shall be constructed of wood, masonry, or decorative concrete, or any combination thereof. Metal may be used only as a concealed structural element. Alternatively, some types of vegetation may be allowed for such screening, provided plantings are evergreen and dense enough to provide an opaque or substantially opaque screen. Any combination of fencing, earthen berms, and vegetation may be used to comply with the eight-foot screening requirement. The provisions of this subparagraph may not apply where zoning districts are separated by a public street, drainage ditch, or canal,which are a minimum width of thirty(30) feet. Conversely, when a single-family use is established on property adjacent to any commercial, industrial, or multiple-family zoning district, an eight-foot high opaque fence or wall shall be erected and maintained along the property line. The ten foot buffer strip shall not in this instance be required.All land zoned commercial or industrial as that term is defined in this section, shall have a minimum ten (10) foot landscaped open space adjacent to each Zoning Manual 2000 Rev.9-05 51 public right-of-way, located within the required yard, provided however,that in the local neighborhood commercial district(LNC) the landscaped open space adjacent to a public right-of-way, and within the required yard,shall be fifteen(15)feet. The city shall determine the required screening, after giving due consideration to the intensity of the commercial use, the zoning classification, and adjacent land uses. When a residentially zoned property adjacent to a commercially zoned property is rezoned to commercial, an existing fence may, if requested by the staff, the commission, or the applicant, be removed, in whole or in part, to allow joint or shared access to parking and driving areas. Documentation may be required detailing a joint use agreement between or among property owners. (Ord.No.2001-23, § 1, I1-19-01) b. Trees for buffer strips. If an open space buffer strip is required under the terms of this Subsection 1,not less than one tree,whether existing or planted, shall be maintained for each 25 lineal feet or portion thereof of solid open space buffer strip. Each such tree shall have a caliper of not less than two inches (2") measured 18 inches(18")above the natural ground level. C. Off-street parking landscaping. All areas, other than those located within the industrial district, that are used for parking or display of vehicles, boats, construction equipment or production equipment, shall conform to the minimum landscaping requirements of this Subparagraph c. Areas that are of a drive-in nature such as filling stations, grocery and dairy stores, banks and restaurants also shall conform to the minimum landscaping requirements of this Subparagraph c It is the intent of this Subparagraph c to promote the placement of trees along the thoroughfares of our city. Therefore, at least 50 percent of the required trees shall be located between the street and any buildings. No tree other than those species listed as small trees (size 2 or 3) on the Qualified Tree List may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line,transmission line or other utility. Parking lots shall be considered small if they contain spaces for 20 or less cars. Small parking lots shall have'open"landscaped areas that are equal to not less than ten percent of the parking area and drives in the parking area. The required area may be used as islands or perimeter landscaping or in any combination. A minimum of one Class 1 or Class 2 tree from the Qualified Tree List shall be planted and maintained for each 250 square feet or portion thereof of landscaped open space area. Parking lots with Zmting Manual 2000 Rev.9-05 52 greater than 20 parking spaces shall have open landscaped areas equal to ten percent of the parking area and drives in the parking area. Fifty percent of the required landscaped area must be used as islands. Perimeter landscaping shall have at least one such tree for each 40 lineal feet or fraction thereof. Each island shall have one such tree planted and maintained thereon. Off-street parking areas that are adjacent to residentially zoned property shall have eight-foot above [the] ground high opaque fences or walls which shall be erected and maintained along the property line to provide visual screening. All trees required in this Subparagraph c shall have a caliper of not less than two inches (2"), measured eighteen inches (18") above the natural ground level. d. Existing plant material. Where healthy planting exists on a site, the building official shall credit the property owner for existing plants that are retained and used when calculating vegetation requirements under this section.When healthy trees exist on a site, and when they are equivalent in size and species to those required by this subsection, the building official shall credit the property owner for existing trees that are retained and used when calculating requirements under this section. e. Maintenance and care of trees. (1.) Maintenance Period for Trees. For any tree installed in fulfillment of the requirements of this Ordinance, or any previously existing tree used in fulfillment of the requirements of this Ordinance, it shall be the responsibility of the then property owner(s)to maintain such tree in healthy condition for the follow-up period. In the event of serious damage, disease or death of the tree, or if the tree should otherwise fail to survive said follow-up period, the then property owner(s) shall, at his/its sole cost and expense, replace it with a tree that meets the requirements of this Ordinance, within one hundred twenty (120) days from the date of notification by the City. For purposes of this Subparagraph e.1, the follow-up period shall be a period of two (2) years from the date of issuance of a Certificate of Occupancy for each such development site or from the date of the acceptance of such development's infrastructure by the City or, in the case where both have occurred, whichever is later. (2.) Printing of Trees. It shall be unlawful as a normal practice for any person, firm or city department to top any tree on public property. Topping is hereby defined as the severe Zoning Manual 2000 Rev.9-05 53 cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Ordinance at the determination of the Building Official. (3.) Maintenance of Trees Over Rights-of-Way. Any entity pruning trees located in public rights-of-way or in excavating in rights-of-way or in easements shall be required to notify the city Building Official and to prepare such plans or outline such programs as the official deems necessary. The Building Official's permission must be secured before such work may begin. A developer shall have the responsibility to verify that such approval has been granted prior to the installation of utilities within easements on the developer's property. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right, with fourteen days advance notice to the owner or agent,to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign. (4.) Removal of hazardous trees. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property or harbor insects or disease, which constitute a potential threat to other trees within the city. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions,the city shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. f. Preserving trees-Historical SignUttcance (1.) Findings. The founders of Friendswood chose to locate the community in its present location because of the inspiring, tranquil beauty of the huge oaks, which occupied the creek banks and surrounding terrain. The name given the new zoning M..12000 Rev.9.05 54 town,Friendswood,was chosen because of its apt description of the settlers, members of the Friends Church, and the topographical character of the land, and the woods found in abundance along the four creeks. The City Council hereby finds and determines that the preservation of the naturally wooded topography is of historical significance to the city. (2.) Purpose. It is the intent of this Subsection I to encourage the preservation of existing trees within the city, and the historical significance thereof, and to prohibit their unwarranted destruction. (3.) Tree survey required. a) A tree survey showing thereon the location of all living trees that have a caliper of twelve inches (12") or greater, measured at a point four and one-half feet(4'6") above the natural ground level,shall be required for: (i) All proposed development on land located in districts zoned as Neighborhood Commercial (NC), Community Shopping Center (CSC); - Deleted: Original Business Di rict Downtown District (DD), Local (Orin Neighborhood Commercial (LNC), Office Park District (OPD), Light Industrial (LI), Industrial (I), Agricultural (A-I), Business Park (BP), Planned Unit Development — Mixed Use (PUD — Mixed Use), or Multi- Family Residential, low density (MFR — L), Multi-Family Residential, medium density (MFR — M), and Multi-Family Residential, high density(MFR—H);and (ii) All proposed development on land for which a specific use permit is required by Sections 7(P) and 9(G) of this Appendix C;and (iii) For residential developments on land located in districts zoned as Single-Family Residential (SFR), Planned Unit Development — Cluster Home (PUD — Cluster Home), or Multi- Family Residential — Garden Home District (MFR — GHD); provided, however, the tree survey required by this Subparagraph f.(3) a) (iii) shall be required only for the common areas located within those developments,such as community parks, where residents of the developments would have common access. Zoning Manual 2000 Rev.9-05 55 b) If the property contains no trees fitting the description in paragraph (a) above, no tree survey shall be required if a signed statement verifying that no such trees exist is filed with the Community Development office of the City (hereinafter"Community Development'). c) The Developer or Owner of the property to be developed shall sign the tree survey certifying that it is,to the best of their knowledge,true and correct. d) The tree survey shall be submitted to Community Development concurrently with or as a part of the site plan, development permit, or plat. Community Development shall be authorized to review the data onsite for verification. The tree survey shall be accepted by Community Development within thirty (30) days of its submission, or Community Development shall within such thirty-day period provide a notice, in writing, of its reasons for any action other than an acceptance thereof. If Community Development fails to take action on the tree survey within said thirty-day period, the tree survey shall be deemed accepted." 4) Site plan to include trees. a.) Every site plan submitted shall include all living trees identified on the tree survey as required by Subparagraph f.(3) above. Each such tree identified on the Site Plan shall bear a notation indicating the tree's status as either "Protected" or "To Be Removed." A tree identified as "Protected" indicates a tree that is not scheduled for removal during construction. A tree identified as "To Be Removed" indicates a tree that is scheduled for removal during construction. Each tree removed during construction shall be mitigated as required in Subparagraph f.(6)below. b.) Trees identified with the notation "Protected" shall also be physically marked at the development site so as to be readily distinguishable from trees that are identified on the site plan as"To Be Removed." 5) Review and acceptance of site plan. a.) Community Development shall review the Tree Survey portion of Site Plans to assure compliance with the provisions of this Subsection.. Zoning Manual 2000 Rev.9.05 56 6) Mitigation and incentives. a.) Every development requiring the issuance of a development permit or the approval of a site plan or plat shall maintain a minimum of one (1) tree from the Qualified Tree List for each thirty (30) linear feet of street frontage, with such trees having a minimum caliper of two inches (2") measured at a point eighteen inches(18")above the natural ground level. b.) Class I or Class 2 trees,twelve inches (12") in diameter or greater, measured at a point four and one-half feet (4'6") above the natural ground level, shall be counted, on a one- for-one basis, toward the minimum number of trees required by this Subsection I. Trees located within a buffer zone shall not be counted unless identified as"Protected.". c.) Mitigation shall be required, on a one-for-one basis, for every tree with a caliper of twelve inches (12") or greater, measured at a point four and one-half feet(4'6")above the natural ground level,that is removed from the development site. For each such tree removed, mitigation shall be accomplished by planting one Class 1 or Class 2 tree from the Qualified Tree List. d.) New trees used for mitigation purposes or for landscaping shall have a caliper of at least three inches (3"), measured at a point eighteen inches (I8") above the natural ground level. e.) The landscaping plan shall clearly indicate which trees are being planted to replace trees identified as "To Be Removed".during development. f) If, due to the nature of a proposed development and unique characteristics of land, trees cannot be planted in a sufficient number to meet the requirements hereof, a developer may elect to provide for a compensating tree(s) to be planted elsewhere within the City. Compensating trees shall be placed on public property, as near as reasonably practicable to the development site, and may be accomplished by donating a tree(s) in kind, or by payment to the City of such amounts as may be established from time to time by City Council, based on the City's actual costs of acquisition. Compensating trees shall be planted within the time periods required for replacement trees. g.) To encourage maintenance of the suburban wooded character of the community, the City Council may from time to time establish incentives to Developments which Zoning Manual 2000 Rev.9-05 57 retain more Class I or Class 2 category trees than is required by this Subsection. 7) Tree protection. Property owner(s) shall be required to ensure that each of the trees identified as"Protected"on the site plan survives the follow-up period, as defined in Subparagraph e.1 herein. If a tree identified as "Protected" fails to survive such follow-up period,the property owner(s)shall replace such tree,at its sole cost and expense, within one hundred twenty (120) days from the date of notification by the City, with a Class 1 or Class 2 tree from the Qualified Tree List, which has a minimum caliper of three inches (3"),measured eighteen inches(18")above natural ground level." g. One tree required for each lot developed for single-family residential use. Each lot developed for single family residential use shall have one of the required trees located in the required front yard before a Certificate of Occupancy may be issued. An exception may be made by the Building Official for substantially wooded lots in instances where the Building Official determines there is not sufficient space in the front yard for proper growth, or where the planting of the tree would constitute a hazard to persons or property. (Ord.2005-19,09-12-08) J. Performance standards. 1. Compliance required. Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses are set forth in this ordinance shall be undertaken and maintained only if they conform to the regulations of the section. 2. Performance standard regulations. The following standards shall apply in the various zoning districts as indicated: a. Exterior noise. The following noise standards, unless otherwise specifically indicated, shall apply to all property within the City of Friendswood. (1.) For noise emanating from a facility on property located within any residential zoning district, the allowable noise level shall be as follows: Allowable Exterior Zoaivg M.al 2000 Rev.9-05 58 Time Interval Noise Level 10:00 p.m.to 7:00 a.m. 50 dB(A) 7:00 a.m.to 10:00 p.m. 55 dB(A) (2.) For noise emanating from a facility on property located within any commercial zoning district, the allowable noise level shall be as follows: Allowable Exterior Time Interval Noise Level 10:00 p.m.to 7:00 a.m. 65 dB(A) 7:00 a.m.to 10:00 p.m. 70 dB(A) (3.) For noise emanating from a facility on property located within the light industrial zoning district, the allowable noise level shall be 70 dB(A). (4.) For noise emanating from a facility on property located within the industrial zoning district, the allowable noise level shall be 75 dB(A). (5.) 'Noise emanating from property within any zoning district may exceed: (a.) The allowable noise level plus up to five dB(A) for a cumulative period of no more than 30 minutes in any hour;or (b.) The allowable noise level plus six to ten dB(A)for a cumulative period of 15 minutes in any hour;or (c.) The allowable noise level plus 11 to 15 dB(A) for a cumulative period of five minutes in any hour; or (d.) The allowable noise level plus 16 dB(A) or more for a cumulative period of one minute in any hour. (6.) In the event the ambient noise level exceeds the allowable noise levels in subparagraphs (2), (3), and (4) above, the allowable noise level for the property in question shall be increased to equal the maximum ambient noise level. (7.) For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included: Zoning Manual 2000 Rev.9-05 59 1 (a.) Noises not directly under the control of the property owner,lessor or operator of the premises. (b.) Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 8:00 p.m. (c.) Noises of safety signals, warning devices and emergency pressure relief valves. (d.) Transient noise of mobile sources, including automobiles,trucks, airplanes and railroads. (e.) Occasional outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events. (f.) Air conditioning or refrigeration systems or associated equipment. (g.) For the purpose of determining compliance with the noise standards in this section,noise levels are to be measured at any residential property line within any permanent residential zoning district. b. Vibration. No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any residential zoning district. C. Lighting and Glare. It shall be unlawful for any person to cause or permit to be energized on property under his possession or control any lighting including, but not limited to, spotlights, floodlights or similar illuminating devices which project a glare or brightness, in excess of the standards described below, directly or indirectly upon any lot,tract,or parcel of land,other than that upon which such lighting is situated, which shall annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, within the limits of the city. All lighting in the city consisting of spotlights, floodlights, or similar illuminating devices shall be installed, hooded, regulated and maintained by the owner or person in control thereof in such a manner that the direct beam of any such light shall be oriented so that it will not glare upon any lot,tract,or parcel of land other than that upon which it is situated and so that it will not cause or permit any illumination from direct or indirect lighting in, on, or over the Zoning Manual 2000 Rev.9.05 60 1 ground at or beyond the boundary of the lot,parcel, or tract above the following levels: 1 foot-candle where the adjacent development is zoned for non-residential uses .25 foot-candle where the adjacent development is zoned for residential uses Shielding Required. All exterior light sources visible to pedestrian or vehicular off-premise traffic are required to be shielded, except as provided below, so that the light source is not visible to said pedestrian or vehicular traffic. Lights elevated on standards, for example in parking areas, shall be side-shielded on pedestrian or off-premise vehicular travel sides. Lighting mounted on low standards (such as bollard lights) is the preferred method for illuminating smaller parking areas and walkways. Exceptions. (1.) Unshielded lighting facing pedestrian or off-premise vehicular sides of the property shall be permitted provided the light source is not in excess of 1700 lumens. (2.) Historical-style or architectural lighting visible to pedestrian or vehicular off-premise traffic shall be permitted provided that the fixture or fixtures does not cause or permit any illumination in, on, or over the ground at or beyond the boundary of the lot, parcel, or tract above the following levels: 1 foot-candle where the adjacent development is zoned for non-residential uses ,25 foot-candle where the adjacent development is zoned for residential uses Compliance Required.This ordinance shall apply for all new facilities upon adoption and publication as required by law. All existing facilities with lighting in place on the date of adoption shall comply with the requirements herein within twenty-four(24) months after the effective date of the ordinance by installing shielding, redirecting lights, or other steps necessary for compliance. The Commission may grant a one-time extension of up to an additional twenty-four months if the property owner or agent can demonstrate hardship, including undue expense related to the time requirement for facilities replacement. Further,existing publicly owned facilities shall be required to comply with the requirements herein at such time as the facilities undergo renovation to the exterior or where overall renovation exceed fifty Zoning Manual 2000 Rev.9-05 61 percent(50%)of the costs of construction of the existing facilities. (Ord.No.2000-21, § 1,9-11-00) Welding,new construction and repairs of facilities shall be exempt from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations. d. Particulate air contaminants. No emissions, dust, fumes, vapors, gases or other forms of air pollution shall be permitted in violation of the rules and regulations of the Texas Air Control Board and the Environmental Protection Agency. 3. Exceptions from performance standards. The owner or operator of any building, structure, operation or use which violates any performance standard may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The board of adjustment may grant exceptions with respect to time of compliance, subject to such terms,conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section of the ordinance. In its determinations,the board adjustment shall consider the following: a. The magnitude of the nuisance caused by the violation. b. The uses of property within the area of impingement by the violation. C. The time factors related to study,design,financing and construction of remedial work. d. The economic factors relating to age and useful life of the equipment. e. The general public interest,welfare and safety. 4. Swimming pool. Exception for private recreation facilities under subparagraph 5 below. a. If located in any residential zoning district,the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of he property on which it is located and their guests. b. A swimming pool shall be deemed an accessory 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 pool may be erected within a required rear yard provided it is set back no closer than five (5) feet from Zoning Manual 2000 Rev.9-05 62 any rear lot line,but shall not be erected within any required front or side yard. Swimming pool pump, filter, and heating equipment may be located within a required side or rear yard, but not nearer than five (5) feet from any side or rear property line. (Ord. No. 2006-15, § 1,7-24-06) 5. Private recreation facility. Private recreation facilities in residential districts shall for multifamily developments,subdivisions,or homeowners' associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners' association and their guests, and shall be limited to such uses as swimming pools, open game fields,basketball,shuffleboard,racquetball,croquet,and tennis courts,and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet of any street right-of-way or within ten feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one space for each 4,000 square feet of area devoted to recreational use with a minimum of four spaces and a maximum of 20 spaces. 6. Auto repair garage. Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions: a. All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress. b. No spray painting may be done except in a spray booth especially designed for that purpose. C. All other auto repairing, etc., shall be conducted within a building enclosed on at least three sides. 7. Temporary batchingfacility. Before a specific use permit may be granted for a temporary batching facility, the City Council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two miles of the plant. A specific use permit may be granted for a period of not more than 180 days, and approval shall not be granted for the same location for not [sic] more than four specific use permits during any 30-month period. Within 30 days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition. 8. Junkyards. No property located within the corporate limits of the City of Friendswood shall be used and no building shall be erected for or converted to be used as an auto wrecking yard,junkyard, salvage storage, Zoning Manual 2000 Rev.9-05 63 scrap metal storage yard or wrecking material yard, except in the I, industrial district. 9. Dry Cleaning Facilities. Dry cleaning establishments shall be subject to the following additional supplemental requirements at the time of submittal for site plan approval, certificate of occupancy, first permit or zoning compliance request. Compliance with all applicable city,state and federal codes, ordinances and regulations shall be required prior to the issuance of a certificate of occupancy. In the case of a conflict between city, state and federal regulations, the more stringent shall control. Reports and copies of all documentation listed below must be provided to the City on a quarterly basis. a. The facility may process only the clothing dropped off by customers at that location. b. All employees shall be certified by the equipment manufacturer before operating or maintaining the equipment at that site. C. The facility shall be registered with the EPA and TNRCC as a small industrial generator of hazardous waste, if required by state or federal regulations, or the owner shall provide proof that it is exempt from such registration. d. The facility shall have a sampling port installed on its property to allow compliance sampling by city, state, or federal agencies, of sewer effluent. e. Perchloroethylene waste storage shall be limited to no more than 90 days on site. £ Perchloroethylene waste removal shall be handled by a third-party transporter and removed to a RCRA permitted treatment storage and disposal facility. g. No perchloroethylene shall be stored onsite other than in the dry cleaning machine system. (Ord.No.2001-22,§3, 10-15-01) K. Sign regulations. [The sign regulations are printed in Appendix A of this volume.] Ord.No. 86-10, § 1,8-18-86) L. Personal care facilities. Personal care facilities shall be subject to the following additional supplemental requirements at the time the first permit; certificate of occupancy or zoning compliance request is submitted. 1. A site plan shall be submitted showing the layout of the proposed site, including present and proposed structures, driveways, parking areas, loading and delivery areas, trash collection areas, or other improvements. Zoning Manua12000 Re,9-05 64 A site plan submitted under this subsection shall be subject to review and recommendation to the city council by the planning and zoning commission and approval by the city council. 2. An elevation shall be submitted that shows the exterior of the structure and any and all proposed changes to any existing building, yard or other improvements. A personal care facility shall maintain its residential appearance. In no case will parking lots or spaces be authorized in a front yard, nor may loading and delivery areas, trash collection areas or recreation areas be located in the front yard or so as to be visible from the street of any personal care facility. 3. A copy of the state license authorizing the individual proposing the use to open and operate such a facility, or, if the license has not been granted, a copy of the application submitted to the State Department of Licensing and Regulation for such a license, along with a list of the remaining approvals or requirements to be met in order to obtain such a license. Within 60 days of receipt of such license, and in any case, prior to the issuance by the City of a certificate of occupancy for the facility,a copy of such state license shall be provided to the City's Building Official. 4. No personal care facility shall be allowed to open or operate until a license has been issued by the appropriate state regulatory agency. Any facility opening or operating without a valid state license or city approved site plan shall be subject to immediate closure by the city and all remedies and penalties available under Texas law. 5. All applicants filed with the City must indicate what type (A, B or C) of facility is planned for operation under the Licensing Standards for personal care facility published by the Texas Department of Human Services, so staff may evaluate the plans under the appropriate code requirements. 6. Compliance with all applicable city and state codes, ordinances and regulations shall be required prior to issuance of a certificate of occupancy for the operation of a Personal Care Facility. In case of a conflict between city and state regulations,the more stringent shall control. M. Commercial Activities and Outdoor Sales 1. Commercial activities. (a) Permanent structure required. Except as herein provided, every business within the City must be operated out of a permanent, stationary,site-built building. (b) Temporary construction structures. Temporary buildings and building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a Zoning Manual 2000 Rev.9- 5 65 I permit issued by the building official for a period not exceeding the period of construction. Upon completion or abandonment of construction, such field offices and buildings shall be removed at the owner's expense. Such uses shall be located on a platted lot, and may not be placed on-site until improvements are accepted by the Council, or in the case of developed sites where improvements exist,until a permit is issued. (c) .Temporary sales structures. Temporary buildings for temporary sales offices, and temporary off-street parking areas, may be permitted in conjunction with new home sales. Such uses shall be located on a platted lot, may not be placed on-site until improvements are accepted by the Council, or in the case of developed sites where improvements exist,until a permit is issued. Such structures and parking areas shall be removed when the subdivision is sold out. One temporary sales office is permitted per builder in a subdivision. (d) Businesses creating nuisance. Any business operating within a temporary structure as authorized above that constitutes a public nuisance to the surrounding neighbors or endangers public health, safety or welfare shall be cited for nuisance violations under this Code and shall be required to cease operations as directed by the Building Official,or other designee. (e) Portable buildings or structures. Portable buildings or structures, including but not limited to cargo boxes or tractor-trailers, are not permitted for use as commercial or business operations. Provided, however,that such may be used as accessory structures for storage for a main business. The number and location of such structures are subject to a site plan review and approval by the City of Friendswood Community Development Department. Mobile homes or RVs are not permitted to be used as accessory buildings. (f) Restroom facilities. Every business within the City must provide permanent restroom facilities on-site available for use by the customers of that particular business. These facilities may be located within the same building as the business, or may be provided in an adjacent business with evidence of a perpetual agreement for such with the owner of the adjacent business. Restroom facilities shall be in compliance with all applicable state, county and city building and health code provisions, including restroom facilities for handicapped individuals, for the size and type of business to be conducted at that location. (g) Exceptions In the event of a natural disaster(e.g. flood, hurricane), or other catastrophic loss (e.g., fire), the City Council may Zoning Manual 2000 Re,9-05 66 suspend this ordinance for such period of time as may be determined to be necessary for re-construction of permanent structures. 2. Outdoor sales For the purposes of this Section, outdoor sales are defined as the display outside of a permanent structure, for the purpose of purchase by consumers, whether immediately or by placing of orders, of any merchandise,services,products,or goods irrespective of whether payment for such is made outdoors or in a permanent structure. Outdoor sales for commercial or business purposes shall be allowed only under the following conditions and procedures: (a) Permit required No person shall conduct outdoor sales either in the open or under a tent or other temporary cover for commercial or business purposes within the city limits without first obtaining a permit under this article. (b) Applicationforpermit Any person desiring to conduct outdoor sales shall apply to the building office for a permit. The application shall state: the name of the person conducting the activity; the proposed location; the name of the owner of the property where the sales are to be located; the nature of the intended activity; and the proposed dates of use; and other pertinent information on the form. Proof of insurance for the activity, in a minimum amount of coverage as determined by city council, or required by law, and a copy of the activity's sales tax certificate shall also be submitted prior to issuance of a permit. A site plan shall also be submitted to city staff containing all information required by the zoning ordinance for administrative review. The city reserves the right to require additional information or verifications, such as health permits, depending upon the type of business and regulatory oversight by other entities. (c) Fee The building department shall charge and collect a fee before issuance of a permit,in an amount set by the city council. If the activity ceases, closes, or is terminated for any reason prior to the expiration of the permit, there shall be no refund of the above fee (d) Zoning compliance required Outdoor Sales will be allowed for commercial or business purposes only at locations, which are properly zoned for the nature of commercial or business activity to be conducted at that location. Further, all outdoor sales activities must comply with the setback requirements, parking requirements and other standards in City ordinances. zoning Manuel 2000 Rev.9-05 67 (e) Numberofpermits There shall not be more than three (3) permits issued to a person or business, or for a location, within a, calendar year, nor shall permits be allowed to run consecutively during two twelve month periods. Permits shall be issued a minimum of thirty(30)days apart. - (f) Hours of operation A permit for outdoor sales shall be for a period not to exceed fifteen (15) consecutive calendar days. The commercial or business activity shall be allowed to conduct business no earlier than 9:00 a.m.,and must close activities no later than 10:00 p.m., or until dark(official sundown) whichever comes first, unless the applicant shows adequate lighting on the site plan or it is an outdoor sales activity related to the primary business activity on the site and adequate lighting is provided on-site. Permittee must remove all items, tents, and materials used for the conduct of the outdoor sales from the location not later than 5:00 o'clock p.m,of the day after the final date of the permit. However, any such permit issued for an activity commencing on the Friday, Saturday, or Sunday immediately preceding Thanksgiving shall be effective from that date until midnight,December 25 that year,and all materials shall be removed by 5:00 o'clock p.m.,December 26. (g) Compliance with all codes. All tents or other coverings and materials used for commercial and business purposes must otherwise comply with all applicable fire,safety,and other codes in effect during the dates of the permitted activity. (h) Posting A copy of the permit shall be conspicuously posted at or upon the entrance to the outdoor sales activity at all hours during the approved dates of the activity. (i) Operating without a permit;false information Any person or entity conducting outdoor sales for commercial or business purposes without complying with this article, or who gives false, misleading, or incomplete information on an application, shall within one(1) day of notice of violation obtain the required permit for a fee in an amount which shall be triple the normal fee, or immediately cease and desist from all activity covered by this article, and remove the outdoor sales activity from the premises before midnight of that day. (j) Existing outdoor sales Any person conducting outdoor sales as defined above on the effective date of this ordinance must either apply for and receive a permit, or cease the use and remove the activity no later than 5:00 o'clock p.m. on the seventh (7') calendar day after the effective date of this Section. (k) Exemptions This article shall not apply to: Zoning Manual 2000 R".9-05 68 (1) Charitable Or Non-Profit Events. The conducting of outdoor sales or commercial activity by a governmental entity, public utility, or tax exempt not-for-profit organization formed for education, philanthropic, scientific, or religious purposes, where any proceeds and profits are designed to be contributed to such entity conducting the activity, or where the activity occurs on property owned by a governmental entity. However, such entities and organizations shall comply with all other ordinances and laws applicable to their activity, and no such activities shall be allowed on the public rights of way. (2)Outdoor displays of merchandise. Outdoor displays of merchandise by retail businesses shall be allowed if the display involves items for sale by a commercial retailer located with in a permanent structure. Such displays may not cover more than half of the width of the pedestrian walkway between the storefront and the curb, unless other accommodations for pedestrian travel satisfactory to the building official are made. A permit shall be required for the placement of outdoor sales activities or items within any parking lot,and a permit shall not be granted if the proposed area eliminates required parking areas. Provided, however, that special events shall be exempt from this latter provision,where emergency access and parking is approved by the building official in advance of the event. For the purposes of this section, "special event" is defined as a temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the zoning ordinance of the city and which runs not longer than four days. Special event includes, but is not limited to. art shows, sidewalk sales, pumpkin and holiday sales, festivals, craft shows, and church bazaars. (3)Suspension in the event of disaster or loss. In the event of a natural disaster (e.g. flood, hurricane), or other catastrophic loss (e.g., fire), the City Council may suspend this ordinance for such period of time as may be determined to be necessary for re-construction of permanent structures. (Ord.No. 86-10, § 1, 8-18-86; Ord.No. 96-10, § 1, 5-20-96; Ord.No. 97-14, §§ 1-11, 11-3-97; Ord.No.98-1, §§ 6,7,4-20-98;Ord.No. 98-14, §4, 8-17-98; Ord. No. 99-6, §§ 8-12, 1-18-99; Ord.No. 99-1, § 1, 1-18-99; Ord.No. 2000-24, §§2- 4, 8-7-00; Ord. No. 2000-21, § 1, 9-11-00, Ord. No.: 2000-33, § 1, 10-16-00; Ord.No.2001-22,§3, 10-15-01;Ord.No.2001-23, § 1, I1-19-01) N. Downtown District Supplemental requirements Deleted: ' Deleted:in the figure below(figure 1)J'L 1. The Geographic Limits of the Downtown District are as shown,on the•% Formatted:Bullets and'Numbedng Downtown District map. All properties within these geographic limits���, Deleted: Deleted:on the Ogidal Zoning map Zoning Manual 2000 Rev.9-05 69 may rezone to Downtown Zone. Those properties outside the geographic Formatted:Indent:Left: 1.26" limits may not zezone to the Downtown Zone. Formatted:Font:Not Italic Figure 1 ' Formatted:Bullets and Numbethnn .. r i Deleted:Architecnual standards or; r, ' baronscaled buildings that enhance� 1' , Pedestrian experience. �__-_________ __________________ - ____________ Formatted:Bullets an NumhNumbering d 2. General.purpose and description. The Downtown District (DD) is intended , , to create a mixed-use environment based on traditional neighborhood and Formatted:Bullets and Numbering ' n smart growth standards. It is designed for physical flexibility with zero ;;;� Deleted:is setbacks and allows the redevelopment of small. existing tracts. The ;;,'' Deleted:are encouragement of a Dedestrian friendly environment is established by ; ;' Deleted:I allowing shared parking and on-street parking as well as sidewalks and street 1 11;;'1� Deleted:d.....shaabe allowed ..• fumishinnz. r ---------------------------------------------='1, Deleted:, I,' Deleted: except along FM 518 and 3. Parkins. • "' ' within one block of FM 518 and FM 2351. a. Off-site parking4all be allowed if within one block of the development._ u;i, Deleted:most be approved by ...ral It. Shared parking areas shall be allowed, Deleted:I c. Shared access agreements shall_ be required between ad'ace tt!i";; Deleted:Documentation is requ ... g developments t ,;� Deleted:All...d...must ,,, 10 d. n-street parking be in accordance with section F,1_C shown "1, Deleted:Ali d...mu t rill ------- - -- - reviousl in this ordinanc o Deleted:indicate e. velo rnent plans,hall indicate how freight and goods will be delivered Deleted:on site.....if parking f. evelo ment lams hall how he designand la off for allparking. "' 1z cumentation hall be provided to verify authority for all shared or off - Deleted:on site site parking. Deleted:,shared,on-streetan ,. 13 9. All such required dpcumentationlhall be presented before a develo ment•- Formatted:Bullets and Numbering lan'sa COVed. Deleted:Do...isregf d...can ... 1411 h_ j Formatted:Bullets and Numhering 4, Archilectnral standards. Deleted:Bo^/of that a. The portion of eacWtructuM-that will be visible to the general publicshall,� Deleted: as be of a mason aterial las and/or cement based wood substitutes ::` Deleted: ! Other architectural materials of similar or higher quality may be I Deleted:s substituted upon approval of the Planning and Zoning Commission The ss Deleted:within the DD should Planning and Zoning Commision may request a recommendation of the �t City Engineer for non-standard material$_____________ _ Deleted:materia...l ...risi b. nestratio i.e. openings such as doors and windows alon front or Deleted:(such asuardi-plank) other facades_visible tothe publig hallbe follows• Deleted:for alt areas visible t ••,r161 I W ll visible to the publir,shall have windows and or door i.e. o Deleted:Aminhmt�amowt ,,, 17 blank walls allowed). Deleted:walbe 2) Not less than 40 % fenestration shall be provided for all ground floor, Deleted:are...required.... „• 1e primary facade front or sid hat face a public Right-of-Way. Deleted:AB...w...,which F.3) Not less than 25%fenestration shall be provided for an ade u er 19 a }' �P � . Deleted:6 floors and those not facing a public right-of-way with the exception ;;, Deleted:required. s•.wh noted in item 4 below) ••• zo 4 No window-or door exec t emergency.access hall be allowed on It Deleted:A n m®of wall Lhat is adjacent to an interior side or rear lot line with a zero set t�`� Deleted:30 back. st Deleted:required Deleted:other MM=W Deleted:a... ...wal...the... ... R211 Roving Manual 2000 Rev.9-05 70 C. Awnings and canopies are gllowed upon approval of the Planning and_ Deleted:encouraged Zoning Commision.e d. Fenestration Calculations nbhcn ta,-4a am mu the removable. ,G owl :ifwo. Area of primary wall (front or side) facing ROW x 40% — minimum- omgm my aao mhaog nW r- -ww fenestration; a`` rebabl M to b.a•som'apee ntteactnuent ram' cart ny Cal Eon Area of upper floor or floor not facing ROW x 25% = minimum fenestration -------------------------------------------- ` Deleted:msen Formatted:Indent:Lek: 1.5- 5. Screening. Mechanical equipment,such as roof too equipment.compressors, EDE and Fcrmwas Here. refrigeration units and trash enclosures and other non-public service Areas_ ` ` Garage bays may not face FM that are visible from public area shall be screened to a heieht sufficient to `, completely screen the use from view at ground level "View at ground level" d:Bullets and Numbering shall mean the view from walkways situated in the adioining rights-of- accesa way or from vehicular traffic in the first two traffic lanes in the bordering ` ny street or streets. 6. Sidewalks. Each development shall erovide ylj,�-foot wide gaved sidewalk•--- Formatted:Bullets and Numbering along ac�h adjacent roadway right-of-way. Sidewalks and sidewalk~' Deleted:must easements hall be required where head-in Darkine does not leave enough area Deleted:n for amenities and sidewalks in the right-of-way. Deletes:a Deleted;2 a.) An area four feet (4') in depth. and running parallel and adjacent to each ,`a` adjacent roadway right of way,measured from the back of curb, shall be ` `;, Deleted:the reserved for amenities such as street furniture, lighting or landscaping `.�\', Deleted:s This area may be Brass. brick Pavers, stamped concrete. , rp other °` ` Deleted:wm 4ecorative material. A 4'X 4' (minimum)landscape and tree well will be Formatted:Bullets and Numbering provided every 25 linear foot. Each well will contain a minimum of 1�`;, ` Deleted:Four foot area tree from the approved tree list and other landscaping material (bushes a Deleted:to and/ground cover). The tree and landscaping material will be maintained 'f,` Deleted:or in living condition). One-half of the trees must have a minimum caliper of �„`;� Deleted:plain concrete four inches and one-half must have a minimum tali er of two inches. '„`; P ,t ` Deletetl:approved Existing qualified trees may be counted toward fulfillment of this „ Deleted:The City may fromtimeto requirement provided that the size, species, and guaranteed duration shall time publish a list of recommended meet the criteria of the landscaping section of this ordinance. (Clustering `,`, fe tocs,such as of trees shall be permitted: provided however, clustering shall not reduce Deletetl:staff can provide ahstof the number of required trees, and trees shall not be clustered so as to i acceptable manufacturers,products and product models for lessen the survival rate of other trees.) Deleted:lighting futures,benches, trash receptacles,planters,way-fording signs em.Q Section 9. Administration and enforcement-building permits and certificates of zoning compliance A. Administration and enforcement. An administrative official designated by the city manager shall administer and enforce this ordinance. He may be provided Zoning Manual 2000 Rev.9-05 71 I with the assistance of such other persons as the City Council may direct. If the administrative official shall find that any of the provisions of this ordinance are being violated,he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings and structures; removal of illegal buildings or structures or illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. B. Building permits required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore, issued by the building official. No building permit shall be issued by the building official except in conformity with the provisions of this ordinance, unless he receives a written order from the board of adjustment in the form of an administrative review,or variance as provided by this ordinance. C. Application for building permit. All applications for building permits shall be accompanied by plans in duplicate drawn to scale showing the actual dimensions and shape of the lot to be built upon;the exact sizes and locations on the lot of the buildings already existing, if any; and the location and dimensions of the proposed building or structure or alteration thereof. The application shall include such other information as lawfully may be required by the building official, including, but not limited to, existing or proposed building or alteration, existing or proposed uses of the building and land;conditions existing on the lot;and such other matters as may be necessary to determine conformance with and provide for the enforcement of this Ordinance. The application shall be accompanied with a site plan that should provide the following information: (1) Boundaries of the area covered by the site plan; (2) Location of each existing and proposed building and structure in the area; (3) The location of existing drainage-ways;and significant natural features; (4) Proposed landscaping and screening buffers; (5) The location and dimensions of all curb cuts, public and private streets, parking and loading areas,pedestrian walks, lighting facilities,and outside storage facilities; (6) The location, height and type of each wall, fence and all other types of screening; (7) The location,height and size of all proposed signs; Zoning Manuel 2000 Re,9.05 72 ram.. One copy of the plans shall be returned to the applicant by the building official; after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of the plans, similarly marked,shall be retained by the building official. D. Certificate of zoning compliance for new, altered, or nonconforming uses. It shall be unlawful to use or occupy or permit the use of or occupancy of any building or premises, or both, or part thereof, hereafter created,erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the building official stating that the proposed use of the building or land conforms to the requirements of this ordinance. No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of zoning compliance shall have been issued by the building official. The certificate of zoning compliance shall state specifically wherein eh nonconforming use differs from the provisions of this Ordinance, provided that upon adoption or amendment of this Ordinance, owners or occupants of nonconforming uses or structures shall have three months in which to apply for certificates of zoning compliance. E. Expiration of building permit. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building official; and written notice thereof shall be given to the person to whom the permit was issued. Further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. However, if work has not begun within 90 days of the issuance of said permit,or if there has not been substantial completion of the work within one year from the date of issuance of said permit,the building official may,at his option,extend the expiration dates of said permits. F. Construction and use to be as provided in applications, plans, permits, and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the building official authorize only the use, arrangement and the construction set forth in such approved plans and applications,and no other use,arrangement or construction. G. Specific use permits. 1. Purpose. This section provides the City Council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because,however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required. Zoning Manual 2000 Rev.9-05 73 2. Permit required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a specific use unless a specific use permit has first been issued in accordance with the provisions of this section. 3. Application procedure. An application for a specific use permit shall be filed with the planning and zoning commission. The application shall be accompanied by a site plan, which, along with the application, will become part of the specific use permit, if approved. The accompanying site plan shall provide the following information: a. Data describing all processes and activities involved with the proposed use; b. Boundaries of the area covered by the site plan; C. The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height,roofline, gross floor area and location of building entrances and exits; d. The location of existing drainage-ways, and significant natural features; e. Proposed landscaping and screening buffers; f. The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities and outside trash storage facilities; g. The location, height and type of each wall, fence, and all other types of screening; h. The location,height and size of all proposed signs. 4. Public bearings. The notification and public hearing process for a specific use permit or revocation thereof is set forth in section 15 of this ordinance. 5. Conditions of approval. A specific use permit shall be issued only if all of the following conditions have been found: a. That the specific use will be compatible with and not injurious to the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity; b. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Zoning Manual 2000 Rev.9.05 74 C. That adequate utilities,access roads,drainage and other necessary supporting facilities have been or will be provided; d. The design,location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; e. The adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; f. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; g. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property;and h. That the proposed use is in accordance with the comprehensive plan. 6. Additional conditions. In authorizing a specific use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. 7. Time [bait. A specific use permit issued under this section shall expire two years after its date of issuance if construction or use authorized thereunder is not substantially under way prior to the expiration of said two-year period;provided,however,if,prior to the expiration of such two- year period, the owner of property to which a specific use permit applies requests, in writing, an extension thereof, the city council, after recommendation from the planning and zoning commission,may approve such extension for not more than two additional years. Provided however, where the development is based on a long-term,multi-phased master plan, the specific use permit issued under this section shall have no expiration date. Provided further, any substantive change to the master plan shall require an amendment to the specific use permit. (Ord.2002-09, §I,4-15- 02) 8. Revocation. A specific use permit may be revoked or modified, after notice and hearing,for either of the following reasons: a. The specific use permit was obtained or extended by fraud or deception;or b. That one or more of the conditions imposed by the permit has not been met or has been violated. Zoning Manual 2000 Re,945 75 9. Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application, provided, however, that the city manager may approve minor variations from the original permit which do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods. 10. Processing fee. A processing fee as set forth in section 14 shall be required for the processing of each specific use permit request. (Ord.No.93-13, § 1,8-16-93) H. Site play:process 1. Purpose. The purpose of the site plan is to insure compliance with this ordinance and to assist in the orderly and harmonious development of the City, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions or alterations thereto without proper attention to site planning and preserving the intent of this ordinance. 2. Site plans required Site plans shall be required for: a. All proposed development on land zoned Neighborhood Commercial (NC), Community Shopping Center (CSC), powntown District (DD),_ Local_Neighborhood_ Commercial_--- Deleted:o &WBwiness Distdct (LNC), Office Park District(OPD),Light Industrial(LI),Industrial (oBD) (I), Agricultural (A-1), Business Park (BP), or multi-family residential, low density (MFR-L), multi-family residential, medium density, (MFR-M), and multi-family residential, high density(MFR-H);and b. Where a specific use permit is required by section 7.P., permitted use table,and Section 9.G.of this ordinance. 3. Content The content site plans are described above in Section 9.G.3. 4. Staff Review. An applicant for development, which requires a site plan, shall first consult with staff regarding the ordinance requirements and proposed development plan. An applicant shall consult with staff until all significant issues surrounding the proposed site plan and development are resolved,prior to proceeding to the commission. 5. Commission Action. An applicant may submit a site plan for consideration by the Commission at any time after staff review is completed. After the proposed site plan is first considered by the Commission,the Commission shall render a decision thereon within thirty (30) days. Any correction, changes, or conditions required to ensure the plan complies with all existing ordinances that are imposed by the commission shall be provided to the applicant, in writing, and shall Zoning Manual 2000 Rev.9-05 76 become a part of the approved site plan which, if not met, may be cause for enforcement action or invalidation of the site plan. Approval will expire one year after the approval of the site plans by the Commission. Upon expiration of that time,the applicant must re-sumbit a site plan that confirms to current ordinances. Provided, however, the applicant may request and extension in writing, which may be granted by the commission,for a period not to exceed a total of six(6)months. 6. Enforcement. Following the approval of a site plan,the Building Official shall inspect the development to insure that it is in full compliance with the approved site plan. (Ord.No.99-2, §§4,5, 1-18-99;Ord.No.2000-23, § 1,8-7-00;Ord.No.2000- 22, §2,8-7-00;Ord.No.2001-21, §§ 1-2, 10-18-01 ) Section 10. Board of Adjustment-Establishment and procedure A board of adjustment is hereby established, which shall consist of five members and four alternates to be appointed by the City Council, each for a term of two years. Members and alternates of the board of adjustment may be removed from office by the City Council when absent from two consecutive meetings without an excuse or for cause upon written charges and after public hearing. Vacancies shall be filled by the City Council for the un-expired term of the member affected. A. Proceedings of the Board of Adjustment. The board of adjustment shall adopt rules necessary to he conduct of its affairs, elect a chairman and an acting chairman, and [act] in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman,may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and all of which shall be immediately filed in the office of the board an shall be public record. B. Hearings,Appeals and Notices. Appeals to the board of adjustment concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by an officer,department,board or bureau of the city affected by the decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed 45 days, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. C. Notification and Hearing Process. Any request for an appeal,variance or special exception shall require a public hearing before the board. A written notice of the Zoning Manual 2000 Rev.9.05 77 hearing shall be sent to owners of property situated within 200 feet of the exterior boundary of the property with respect to which such appeal,variance or exception is requested ten days prior to public hearing. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax roll,or no address appears thereon,the written notice to such property owner shall not be required. The City Council and planning and zoning commission shall be informed of any hearing for an appeal, variance or special exception of the zoning or sign ordinance. A processing fee as described in section 1C[14] shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification or publication in the official newspaper,the fee shall be refunded. D. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer [from] whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. Section 11. The Board of Adjustment-Powers and Duties The board of adjustment shall have the following powers and duties: A. Administrative Review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.The board shall apply the following standards in deciding the appeal: 1. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. 2. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. 3. The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws. B. Variance. Conditions governing applications: Authority and limitations. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising such powers of variance, the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or Zoning Manual 2000 Rev.9.05 78 determination appealed from and make such order, requirement, decision, or determination as ought to be made, and to that end of the board shall have all the powers of the officer from whom the appeal is taken. In granting any variance, the board of adjustment may describe appropriate conditions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted,shall be deemed a violation of this Ordinance. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of this ordinance in said district. C. Special exceptions. To hear and decide special exceptions to the terms of this Ordinance upon which the board is required to pass under this Ordinance. D. Vote required. Appeals; variances;special eeceptious._The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decision or determination of an administrative official, or to effect any variation in the application of this Ordinance, or to decide in favor of the applicant on any matter or special exception upon which it is required to pass or decide under this Ordinance. (Ord.No.90-18,§2,7-23-90) Section 12. Appeals from the board of adjustment A. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or officer, department, board or bureau of the city may seek review by a court of record of such decision in the manner provided by the laws of the State of Texas, particularly V.T.C.A., Local Government Code§§211.008 through 211.011. B. Reapplication. No application for a variance, special exception or appeal,which has been denied, shall be again filed earlier than one year from date of original denial, unless there has been a material change. For the purposes of this section, material change shall mean a substantial change in conditions or circumstances as it relates to the property in question. i Zoning 9-Menua12000 Rev.9-09 79 Section 13. Duties of administrative official,board of adjustment,city council and courts on matters of appeal It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official,and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts in the manner provided by law, particularly V.T.C.A., Local Government Code §§ 211.008 through 211.011. It is further the intent of this Ordinance that the duties of the city council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance, as provided by law,and of establishing a schedule of fees and charges as stated in section 14 hereof. Section 14. Schedule of fees,charges and expenses The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, specific use permits, changes in district classification, appeals and other matters pertaining to this ordinance. The schedule of fees shall be maintained in the office of the city secretary and in the office of the administrative official, and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. Section 15. Amendments. A. Authority. The city council may from time to time amend,supplement or change by ordinance the boundaries of the district or the regulations herein established. B. Submission to planning and zoning commission. Before taking action on any proposed amendment, supplement or change by Ordinance of a district boundary or regulation, the city council shall submit the proposed revision to the planning and zoning commission for its recommendation and report. The planning and zoning commission shall make its report within thirty (30) days following the close of the public hearing thereon. C. Public hearings. Prior to adopting any ordinance amending, supplementing or changing the boundaries of any district or any regulation herein established, the city council and the planning and zoning commission shall jointly hold a public hearing at which any person desiring to be heard regarding such matter shall be given an opportunity to do so. The final report by the planning and zoning commission, as required in subsection B. of this section 15, shall not be acted upon by such commission until the conclusion of such joint public hearing. Zoning Manual 2000 Rev.9-05 so D. Notice of joint hearings. Notice of any joint public hearing held pursuant to subsection C. of this section 15 shall be given, in writing, to each owner of real property, as indicated by the most recently approved city tax roll, which lies within 200 feet of any property on which a change in classification is proposed, such notice to be given not less than ten days prior to the date on which such hearing is to be held.Notice of such joint public hearing shall also be published in the official newspaper of the city or a newspaper having a general circulation in the city, at least 15 days prior to the date on which such hearing is to be held. In addition, notice shall be given by causing a sign to be erected on the property which would be affected by the proposed change stating the time and place of the hearing. Such signs shall be erected not less than ten days prior to the date on which such hearing is to be held. E. Vote required in the event ojprotest. In the event of a written protest to any such proposed amendment, supplement or change to a district boundary or regulation signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change those immediately adjacent to the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths of all members of city council. (Ord.No.90-2, § 1,2-5-90;Ord.No.96-16, §§ 1,2,8-19-96) Section 16. Provisions of ordinance declared to be minimum requirements 1 In their interpretation and application,the provision of this ordinance shall be held to be minimum requirements, adopted for the protection of the public health, safety,morals, or general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, restrictions, or covenants,the most restrictive or that which imposes the higher standards shall govern. Section 17. Complaints regarding violations Whenever a violation of this Ordinance occurs,or is alleged to have occurred,any person may file a written complaint; such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate the same at the earliest reasonable time, and take action thereon as provided by this Ordinance. Section 18. Penalties for violations Any person who violates any of the provisions of this Ordinance or who fails to comply therewith or with any of the requirements thereof, including violations of conditions and safeguards established in connection with grants of variances or specific uses, or who erects or alters any structure, or who commences to erect or alter any structure in violation of any detail statement of plan submitted or approved thereunder,shall for each and every violation or noncompliance be deemed guilty of misdemeanor and, upon Zoning Manua12000 Rev.9-05 81 conviction, fined not more than $1,000.00, and each day such violation continues shall constitute a separate offense. The owners of a building, structure or premises, or part thereof, where anything in violation of this Ordinance be placed or shall exist, and any architect,builder,contractor,agent or corporation employed in connection therewith who may have assisted in the commission of any such violation, shall be guilty of a separate offense and,upon conviction,shall be subject to the penalties herein provided. Section 19. Severability Should any section or provision of this Ordinance be adjudged invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. Section 20. Definitions. For the purpose of this Ordinance,certain terms or words used herein shall be interpreted as follows: • The word"person" includes an individual, firm, association, organization, partnership,trust,company or corporation • The present tense includes the future tense; the singular number includes the plural;and the plural number includes the singular. • The word"shall"is mandatory;the word"may"is permissive. • The words "used" and 'occupied" include the words "intended, designed or arranged to be used or occupied." • The word"building'includes the word"structure." • The word"lot"includes the words"plot"or"parcel." A. Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to,the principal use or structure. B. Apartment house. Any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units, which may share means or egress and other essential facilities. C. Automobile graveyard. Automobile graveyard means an establishment or place of business that is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. D. Building. Any structure designed or built for the support, enclosure, shelter or protection of persons,animals,chattels or property of any kind. E. Building area. The surface of the lot covered or occupied by all structures placed thereon,excluding only driveways,walkways and uncovered patios. Zoning Manual 2000 Rev.9-05 82 F. Building line. A line parallel or approximately parallel to the street line and beyond which buildings may not be erected. G. Child care center. Any place, home or institution which complies with State rules, regulations and mandates pertaining to home care facilities in regard to children under the age of sixteen (16) years, apart from their parents,guardian or custodian for regular periods of time for compensation; provided, however, that the term 'child care center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. H. Cluster housing development. A residential development containing attached or detached units on a limited portion of land with the remaining land areas consolidated into common open space areas. H.1. Dwelling, Garden home. A dwelling unit which is structurally attached to another dwelling unit but which does not share a common wall. I. Comprehensive plmr. Graphic and textual form policies which govern the future development of the city and which consist of various components governing specific geographic areas and functions and services the city. I. Density. Living units per acre in a platted subdivision. Pertains to total platted acreage,including streets. K. Dwelling, single-family. A detached building having accommodations for and occupied by not more than one family. L. Dwelling, two-family. A detached building having accommodations for and occupied by not more than two families. In calculating minimum lot are, a two- family dwelling shall be considered to be two dwelling units. M. Dwelling, multiple family. Any building or portion thereof, which is designed, built, rented, leased or intended to be occupied as three or more dwelling units or apartments and which includes facilities for food preparation and sleeping. N. Dwelling unit. A building or portion of a building, which is arranged, occupied or intended to be occupied as living quarters for one family. O. Family. One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding two living together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family. Zoning Manual 2000 Rev.9-05 83 P. Home occupation. Any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes;provided that: 1. No retail business of any sort is involved. 2. No stock in trade is kept nor commodities sold except those made or used on the premises. 3. Only members of the family residing on the premises are employed. 4. No internal or external alterations, special construction or features are involved, 5. There is no advertising of any type on the premises and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory building; however, advertising of the home occupation by published or printed matter is allowed. 6. No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare,X-ray or electrical disturbances to radio or television. 7. Repair of racing automobiles shall not be permitted. 8. A childcare center as defined in paragraph G,section 20,is not recognized as a home occupation. 9. A personal care facility as defined in paragraph KK, section 20, is not recognized as a home occupation. Q. Lot Measurements 1. Depth. The distance between the midpoint of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear. 2. Width. The distance between straight lines connecting front and rear lot. lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost point(where they intersect with the street lines) shall not be less than 90 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs where the 90 percent requirement shall not apply. R. Junkyard. Junkyard means an establishment or place of business maintained, used,or operated for storing,keeping,buying or sellingjunk,for processing scrap ZWng Ma a12000 Rev.9-05 94 metal, or for maintaining or operating an automobile graveyard. The term includes garbage dumps and sanitary fills. S. Parking space,off-street. A space adequate for parking an automobile with room for opening doors on both sides,together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designated,maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and un-parked without moving another. For purposes of rough computation, an off-street parking space and necessary access for maneuvering room may be estimated at 300 square feet, but offset parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city. T. Servant's or caretaker's quarters. An accessory building located on the same lot as the main building, or'a portion of the main building,used as living quarters by persons acting as caretakers of the property or by employed servants and not rented or otherwise used as a separate domicile and not used except as an accessory use to the primary use of the property. U. Specific use. A specific use is a use that would not be appropriate generally or without restrictions throughout the zoning district but would, if controlled as to number,area, location or relation to the neighborhood,promote the property held, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as special exceptions, if specific provision for such special exceptions is made in this Ordinance. V. Street. A public or private thoroughfare, which affords a principal means of access to abutting property. W. Street line. The right-of-way line of a street. X. Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. i Y. Structural alterations. Any change in the supporting member of a structure,such as bearing walls,columns,beams or girders. Z. Planned unit development. A district with development characterized by a unified site development plan which may provide for a mixture or combinations of residential,recreation and open space,and commercial uses. Zoning Manual 2000 Rev.9-05 85 AA. Slopping center. A group of commercial establishments,which is planned, developed,owned and managed as a unit related in its location,size and type of shops to the trade area that the unit serves. BB. Townhouse. A row of three or more attached,one-family dwellings,separated by vertical party or lot line walls,and each having private entrances. CC. Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls. DD. Yard,front. A yard extending across the full width of the lot,the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot as specified in each zoning district. EE. Yard, rear. A yard extending across the full width of the lot,the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot as specified in each zoning district. On corner lots,the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner and interior lots,the rear yard shall in all cases be at the opposite end of the lot from the front yard. FF. Yard, side. A yard between a building and the side lot line, extending from the front yard, or front lot line where no front yard is required,to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the building. GG. Variance. A relaxation of the terms of this Ordinance where such variance will not be contrary to the public interest and as the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height,area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance,nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. HH. Office park. One or more commercial buildings with multiple businesses providing services but not delivering products directly to customers and consisting of two or more tenants using common driveways. II. Fence. A structural device forming a physical barrier,which obstructs passage of humans or animals. Editor's note--See editor's note at subsection II of this section. Ord.No. 98-14,§2,adopted Aug. 17, 1998, added a definition of"personal care facility" as subsection II. To avoid duplication of subsections, the definition "fence," added by Ord. No. 96-6, adopted May 20, 1996, has been maintained at subsection II, and the definition of"personal care facility"has been inserted at subsection KK of this section. Zoning Manual 2000 Rev.9.05 86 j. J JJ. Adult entertainment business shall have the same meaning as "sexually oriented business" as that term is defined in Texas Local Government Code Chapter 243, and city Code chapter 60,and shall include,but not be limited to,an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center, or any other commercial enterprise, the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. Such uses shall be allowed only as specifically authorized under the terms of this ordinance and chapter 60 of this Code. The determination of what constitutes an adult entertainment business shall be made by the police chief or his designee,in accordance with the definitions contained in chapter 60, and such determination shall be appealable to the zoning board of adjustment. KK. Personal care facility. Any establishment that furnishes food and shelter to four or more persons who are unrelated to the proprietor of the establishment and provides personal care services as that term is defined in Texas Health& Safety Code § 247.002, and as further provided for in Texas Human Resources Code § 123.004. LL. Graduated Fence A fence required by City ordinance,the height of which may be reduced for some portion of its required length,either in a stair-step configuration or by gradually reducing such height in a straight or radial line. The length and height of the fences so reduced will be determined on the basis of a combination of factors,including but not limited to security,public welfare,and pedestrian and traffic safety.(Ord.No.2001-23,§2, 11-19-01) (Ord.No. 89-9, § 1,9-11-89; Ord.No. 89-29, § 1, 1-22-90; Ord.No. 90-5, § 1,3- 5-90; Ord.No. 95-36, § 1, 1-8-96; Ord. No. 96-6, § 2, 5-20-96; Ord. No. 98-14, §§2,3,8-17-98;Ord.No.98-17, §2,9-14-98;Ord.No.2001-23, §2, 11-19-01) Section 21. Repeal of conflicting ordinances,effective date All ordinances or parts of ordinances in conflict with this zoning ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect. This ordinance shall become effective on the date of final adoption by the city council. PASSED ON FIRST READING this 6th day of August 1984. PASSED ON SECOND READING this IOth day of September 1984. PASSED,APPROVED AND ADOPTED this 19th day of November 1984. 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" John 10/5/2006_-7 02.00AMJ the Lp_age_7.0:1221,Deleted___ - _ _ _ ___ _J.ohn _ 10%5/,2006,721AOAMJ were a structure is located on r \ ORDINANCES October 15, 2007 I A. Ordinance T2007-17: Second and final reading of an Ordinance amending the Sign Ordinance for Changeable Copy Signs, removal of restrictions on height and: number of lines of copy. The Council held a joint public hearing on September 10 for these amendments to the Sign Ordinance. No comments were received neither in favor nor against at the public hearing or on first reading. Therefore, this ordinance is presented for second and final reading. Attachments 1. Memo from Mona Miller dated 9-26-07 2. Memo of recommendation from P-Z dated 7-31-07 3. Ordinance T2007-17 B. Ordinance T2007-18: Second and final reading of an Ordinance creating a; proposed Downtown District Zoning, as amended on first reading. The Council held a joint public hearing on September 10 for this proposed Downtown District to be added to the Zoning Ordinance. No comments were received either in favor or against at the public hearing. At the October 1 meeting and first reading of the ordinance, Council Member Rivera suggested that the definition of"block" be clarified as to length along with other minor amendments. The ordinance was posted for second I reading with these amendments. j There are additional substantive changes suggested by CDD staff which have been discussed with the City Attorney. We are awaiting an opinion from the City Attorney regarding these changes. The ordinance can be posted again for a second, second reading,but should be amended at this reading to the extent decided by Council Attachments 1. Ordinance T2007-18 2. Permitted Use Table 3. Regulation Matrix 4. Memo from Mona Miller dated 9-26-07 5. Memo of recommendation from P-Z dated 06-13-07 6. Executive Summary 7. Downtown Revisions 8. Revised Downtown Man Agenda2007/10.31TSY02 City of Friendswood AGENDA ITEM FOR THE CONSIDERATION OF THE CITY COUNCIL AGENDA DATE: October 15,2007 DEPARTMENT OF ORIGIN: CDDPW DATE SUBMITTED:9-26-07 PREPARED BY: Mona Miller SUBJECT:Second Reading-Revisions to Sign Ordinance PROCEEDING: ORD DEPT.CLEARANCES: DIVISION CLEARANCE: APPROVED BY CITY MANAGER: EXPENDITURE REQUIRED:-N/A AMOUNT BUDGETED:N/A APPROPRIATION REQUIRED:N/A SOURCE OF FUNDS:N/A FINANCE APPROVAL STAFF SUMMARY EXHIBITS: Planning and Zoning Commission recommendation and proposed ordinance revisions STAFF RECOMMENDATIONS On July 19, 2007, the Planning and Zoning Commission made a recommendation to amend the existing Sign Ordinance in order to remove the restrictions on the height and number of lines of changeable copy. In addition, the Planning and Zoning Commission has a subcommittee which is currently reviewing the entire Sign Ordinance for possible revisions; however, they wanted to move this proposed amendment on to City Council. r � City of Friendswood Memo To: Mayor and City Council From: Chairman of the Planning and Zoning Commission Date: June 13, 2007 Re: proposed revisions to Downtown District Zoning At its May 24, 2007 regular meeting, the City of Friendswood Planning and Zoning Commission (Commission) voted 4 to 0 (Commissioners Van Riper and Klusendorf were absent) to recommend to City Council the attached revisions to the Downtown District Zoning ordinance and boundary map. A sub-committee of the Commission is still reviewing and revising the Permitted Use Table. However, they wanted to get the attached proposed revisions to you for your review. City of . . . I i Memo To: Bo McDaniel, City Manager From: Mona Miller, Planner Date: September 26, 2007 Re: Downtown District Executive Summary (Prepared by Diana Steelquist & Updated by Mona Miller) In September 2004, City Council adopted the Main Street Implementation Plan prepared by Page, Southerland & Page. A Joint Public Hearing was held in May, 2005 regarding Interim Zoning Measures developed by Staff to move forward with the plan. Based on i public comments, a Main Street Zoning Committee was created to refine and address public concerns. The committee (re-appointed and named the Downtown Revitalization Committee in 2006) drafted proposed changes to the Zoning Ordinance and presented them to the Planning and Zoning Commission for discussion and comment. In May of 2007, the P & Z voted to recommend forwarding the proposed Downtown District zoning and boundary map to City Council. In September 2007, the City Council and P & Z had a joint work session and a Joint Public Hearing regarding the amendments. Finally, on September 13, 2007, the P & Z voted to recommend approval of the Downtown District zoning to City Council. Substantive Changes include: i • Replacing the Original Business District(OBD) with a Downtown District (DD).' • Allowing residential,retail and office uses on one site (Mixed Use)? i • Allowing shared parking, off-site parking and on-street parking on side streets.3 • Increased building height limit from 35 to 70 feet 4 • Allowing current small OBD lots to develop under new rules.5 • Zero setbacks on all sides, except where abutting residential zones. • Increased lot coverage from 30%to 60 % 7 • Required parking spaces.8 • Requiring Architectural Standards. • Requiring 15 foot sidewalks with 4 feet of area from back of curb to be reserved for amenities such as street furniture, lighting or landscaping.10 ZO Revisions,pages 2& 15 2 Ibid page 15 'Ibid pages 44&69 °Ibid pages 36&39 s Ibid page 37 s Ibid page 36(Regulation Matrix) 'Ibid page 36(Regulation Matrix) $Ibid page 44 'Ibid pages 69-70 10Ibid page 70 • Updates to the Permitted Use Table 1 Why recommend these changes? • Comprehensive Plan recommendation to develop a `Main Street District'. 12 • Increase economic value and decrease tax burden on homeowners. • Create a community focal point. • Allow redevelopment of small lots in Main Street area How will these changes achieve recommendations? Current zoning does not allow mixed use and prohibits existing small lots to develop or redevelop in the downtown area. Stakeholders Those property owners who own tracts zoned OBD will be most affected by rezoning to DD. Since the proposed changes will encourage re-development of existing small tracts, most, if not all, of these property owners will benefit from the new district. Property owners within the boundaries of the Downtown District area whose properties are not zoned OBD,may apply for DD zoning. In addition,there are approximately 16 Single Family tracts which abut the 107 OBD zoned parcels. These residential property owners may feel threatened by the change in height or uses allowed under the DD. Expected Outcome Those property owners who have wanted to develop or redevelop but the ordinance would not allow, will be in favor of the new district. In addition, the mixed uses allowed by the DD will give developers new options. Implementation Issues Parking areas will be at a premium with required parking. Off-site and shared parking will have to have documented agreements in place before development is allowed. As with any development in Friendswood, detention will be an issue. Although the Drainage District has stated that it is has off-site detention available for most of the downtown area, conveyance and capacity through existing storm drainage systems will have to be verified by any developer using off-site detention facilities. Staff Recommendation Staff recommends adoption of the amendments. Without changing the regulations, the PUD must be utilized to achieve revitalization. The PUD process is time intensive taking 10 to 14 weeks. Staff recommends a city sponsored parking garage or parking lot. In addition, a detailed analysis of the storm water system should be conducted with results made available to the public. The City should also demonstrate a commitment to revitalization by adopting a main street sidewalk and sidewalk amenity program. " Ibid pages 21-31 (Permitted Use Table) �s 1998 Comprehensive Plan pages 1.4,3.22 csc A4sc ♦ 1�♦� ♦♦ ♦1 ♦ 1♦�