HomeMy WebLinkAboutOrdinance No. 2008-29 (Title: An ordinance amending the zoning ordinance of the City by adopting new
regulations concerning nonconforming uses, structures, and lots.)
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ORDINANCE NO. 2008-29
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 REPEALING THE CURRENT
SECTION 6 AND ADOPTING A NEW SECTION 6 REGARDING
NONCONFORMING USES, STRUCTURES, AND LOTS; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY
OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING
FOR SEVERABILITY.
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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, originall j
passed and approved the 19th day of November, 1984, and being Appendix C and the zoning
ordinance of the city, is hereby amended by repealing the current Section 6 and adopting a new'
Section 6 to read and provide as follows:
"Section 6. Nonconforming uses, structures, and lots.
A. Types of Nonconformity.
There are three types of nonconformity as follows:
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1. Nonconforming Use. Any use of land or buildings which does not conform to
the current use regulations prescribed in the City of Friendswood's zoning ordinance
or amendments thereto.
2. Nonconforming Structure. Any structure that does not conform to zoning
ordinance provisions regulating structures, including but not limited to, the following
requirements: lot coverage area, required minimum lot dimensions, front yard, side
yard, rear yard, height, parking, landscaping, buffer yards, screening, architectural
design, exterior construction materials or other structural regulations of the district in
which it is located.
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3. Nonconforming Lot. Any lot that fails to meet the requirements for area width
or denth that are applicable to the zoning district in which the lot is located.
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B. Nonconforming Uses.
1. Nonconforming uses are hereby declared to be incompatible with the
permitted uses in the districts involved.
2. It is the intent of this ordinance to permit those nonconforming uses to
continue until they are removed,but not to encourage their survival.
3. A nonconforming use or a lawful use that has become nonconforming by the
future adoption or amendment of a zoning ordinance, or a nonconforming use that
exists by virtue of annexation to the city, shall be permitted to exist subject to the
following:
a. Enlargement. 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.
b. Abandonment. A nonconforming use shall terminate if the
nonconforming use or premises is abandoned or discontinued for twelve
months or more.
The commission may determine that a use or premises which has remained
vacant or unused for twelve (12) months or more has not been discontinued
under the intent of this section if the owner can state unusual circumstances of
any nature that prevented or precluded use of the property during that period
in which case the property may be reoccupied and the nonconforming use
reinstituted in compliance with the other provisions of this section.
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C. Change. Whenever a nonconforming use has been changed to a
conforming use, such nonconforming use shall be deemed to be permanently
abandoned and shall not be reinstituted on the property.
d. Annexation. After annexing an area, a person may continue to use
land in that area in the manner in which the land was being used on the date
the annexation proceedings were instituted, except where inconsistent with
Texas Local Government Code §43.002.
4. 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
r1 diligently. The phrase "active process" is hereby defined as follows:
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a. For land zoned single-family residential (SFR), single-family residential
estate (SFR-E), or multiple-family garden home district (IMFR-1GHD), a j
development proposal must be in conjunction with a previously approved j
preliminary plat; or
b. For land zoned NC [neighborhood commerciall. CSC [community
shopping center]. DDfDowntown District]. LNC (local neighborhood
commerciall, OPD (office park district], LI flight industrial], I (industrial], BP
(business parkl and A-1 fagriculturall, when the land is subject to a valid
existing preliminary site plan in accordance with section 9.G.1 L; or
c. For land zoned MFR-H (multiple-family residential-high density], MFR-
M ]multiple-family residential-medium densityl. MFR-L (multiple-family
residential-low densitYl or PUD (planned unit district], when a proposed
specific use peruut (SUP) has been heard at a ioint public hearing of the city
council and the planning and zoning commission.
C. Nonconforming Lots.
1. Development. Development shall be permitted on any single nonconforming
lot of record. Such lot must be in separate ownership and not of continuous frontage
with other lots in the same ownership. This provision shall apply if the lot is
nonconforming only because it fails to meet the requirements for size (area, width, or
depth) that are generally applicable in such district. 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 applicable zoning district. Variance of Yard
requirements shall be obtained only through action of the board of adjustment.
Development may still be restricted by limitations imposed by other provisions of this j
ordinance.
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2. Subdivision.Nonconforming lots may not be further subdivided.
3. Combination. Nonconforming lots may be combined and treated as a single
lot for development, without platting or replatting, even if the resulting
nonconforming lot is nonconforming.
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D. Nonconforming Structures.
1. It is the intent of this ordinance to permit nonconforming structures to remain
but to prohibit any nonconforming structure from being enlarged or altered in a
manner which increases its nonconformity. Further it is the intent of this ordinance to
allow any structure or portion thereof to be altered to decrease its nonconformity,
provided the alteration itself conforms to current regulations.
2. Where a nonconforming structure exists, or where a lawful structure becomes
nonconforming by the future adoption or amendment of an ordinance, such structure
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r may continue to exist as long as it remains otherwise lawful, subject to the following
provisions:
a. Enlargement. No such nonconforming structure shall be enlarged or
altered in a manner that increases its nonconformity. Any structure or portion
thereof may be altered to decrease its nonconformity, provided the alteration
conforms to current regulations.
b. Abandonment. When a nonconforming structure becomes vacant or is
abandoned for twelve (12) months or more, the structure shall be brought up
to the current structural regulations of the district in which it is located. An
abandoned or vacant structure shall not thereafter be occupied until the !
structure conforms to the current structural regulations of the district in which
it is located.
Abandonment of a nonconforming structure shall be determined by relevant
evidence of non-use of the structure, including but not limited to: termination
or non-use of utilities, termination of leasehold, and evidence of lack of
occupancy of the structure.
The commission may determine that a structure which has been abandoned
under the intent of this section may continue to exist if the owner can show
unusual circumstances which prevented or precluded use of the structure
during that period, in which case the structure may be reoccupied.
C. Destruction or Damage.
(1) If a nonconforming structure or portion of a nonconforming
structure is destroyed or damaged by less than 50% of the current replacement
cost of the structure 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 preexisting nonconforming state. Such restored
structure 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 structure are not
submitted for issuance of a building pern it within 12 months from the date of
the destruction or damage, the structure must be replaced or restored in full
conformity with current structural regulations for the district in which it is
located. The commission may grant, upon written application by the property I
owner showing cause, a one time extension to seek a building pern it for a
period not to exceed six months.
(2) If a nonconforming structure or portion of a nonconforming
structure is destroyed or damaged by 50% or more of the current replacement
cost of the structure by accidental means, the structure must be restored in full
conformity with current structural regulations for the district in which it is
located.
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r (3) Multi-family. Notwithstanding the foregoing existing
nonconforming multifamily dwellingdevelopments evelopments may be rebuilt in districts
MFR-H, MFR-M and MFR-L, in the event of any such damage or destruction
at the same unit per acre density that existed prior to such damage or
destruction, and with no increase in the nonconformity and meeting all current
codes.
d. Relocation of Structure. Should any such nonconforming structure be moved
for any reason for any distance whatever, it shall thereafter conform to the structural
regulations for the district in which it is located after it is moved.
e. Repairs and maintenance. On any nonconforming structure or portion of a
nonconforming structure, 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.
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."
SECTION 2. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally)
passed and approved the 19th day of November, 1984, and being Appendix C and the zoning
ordinance of the city, is hereby amended by amending Section 8, subsection N to read and
provide as follows:
"N. Downtown District Supplemental requirements
These supplemental requirements shall apply only to new developments within the
Downtown District or where a structure in the District has lost its nonconformity.
A new development shall be defined as any new project built on a raw or otherwise
vacant tract or tracts of land, not associated with an existing structure.
A structure shall be deemed to have lost its nonconformity upon t e �-J
enlar-gedAaltered, destmyed .... damaged, mei,ed, r having repairs „er f nned that a eed
50 the te „lave.„°„t eest mitw:„ 36 months, as determined by Appendix C, Section
6D Seetions 6D and 6F.
1. [Geographic limits.] The geographic limits of the Downtown District are as shown
on the Downtown District Map. All properties within these geographic limits ma}
rezone to downtown zone. Those properties outside the geographic limits may not
rezone to the downtown zone.
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SECTION 3. 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 4. 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
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 20th day of October,2008.
PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day of
November 2008.
Da ' J.H. Smith
Mayor
ATTEST:
CF FRiENp�
C` �0
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De oris McKenzie,`fRNqC
City Secretary
�r4r@ OF
Ord.2008-29