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Home My WebLink AboutOrdinance No. 2008-28 (Title: An ordinance amending the zoning ordinance of the City by amending the regulations governing maximum building heights.) ORDINANCE NO.2008-28 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 AMENDING SUBPARAGRAPH b (1) and b (2) OF PARAGRAPH 3 OF SUBSECTION Q OF SECTION 7 TO PROVIDE FOR MAXIMUM BUILDING HEIGHTS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. + + x x + + x x x x x BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: (� Section 1. Appendix C of the Code of Ordinances of the City of Friendswood, Texas, -J said Appendix C being the City's Zoning Ordinance, is hereby amended by deleting the text, contained in brackets and adding the underlined text in Subparagraphs b(1) and 1)(2) of Paragraph 3 of Subsection Q of Section 7 thereof, as follows: I "3. Area and height exceptions. i b. A building structure may not exceed [3-5140 feet in height measured from the minimum habitable floor elevation, provided, however,that: I 1. Buildings or structures in Community Shopping Center (CSC) Neighborhood Commercial (NC), Office Park (OPD), Light Industrial (LI), Industrial (I), Business Park (BP) districts may exceed 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 j J,l adjacent to a residential zone shall have a height that exceeds 50 feet unless a specific use permit shall have been granted therefor in accordance with section 9.G. of this ordinance. b. [The minimum sethaek f any builds or st... et.... Eemmunity Shopping Center-(CSC), Neill' ed !1 T\ 1«A„etAel (1) and Business Deal. (BP) y4iieh i eate. aaauaa .... feet in height, b stfuetare height from the nearest ptepeit.,- line of residentially zoned land. e. The min „...«. setback f buildings of st....a ffes teller than 35 feet shall be that ...lief. « .:.lee the gr-e feet distance f. the e « „e..t.. line of residentially lly zoned le„,l .+a.. aa�.ua..st p"� , deteFmined by either-a. or b. above. d-1 Buildings or structures of [351 40 feet or less in height shall meet the setback requirements as defined in this appendix. 2. Primary structures in SFR and SFR-E residentially zoned districts with a minimum lot frontage of 120 feet and minimum lot area of 15,600 square feet may be up to 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 feet for the primary structure. Section 2. Appendix C of the Code of Ordinances of the City of Friendswood, Texas; said Appendix C being the City's Zoning Ordinance, is hereby amended by amending the "Regulation Matrix" of 7-Q-3. The amendments shall be shown by deleting the text contained i brackets and adding the underlined text in the "Regulation Matrix" as shown in Exhibit attached hereto and incorporated herein. Section 3. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Ord 2008-28 2 Section 4. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the ,, omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED, APPROVED on first reading this 201" day of October,2008. PASSED,APPROVED, and ADOPTED on second and final reading this the 3`d day I of November,2008. j David J. H. Smith Mayor ATTEST: �OF FWFpO�� O D loris McKenzie,'TR5AC N a� o City Secretary �9rF OF Ord 2008-28 3 REGULA 1N MATRIX-COMMERCIAL DISTRICTS (as propose, , the DPC) Circled letters (letters in parentheses)refer to paragraphs in section 7-Q3 TABLE INSET: Yards -Minimum Feet Side Interior Exterior Height Lot Area of of When Maxi- Excep- Maxi- Mini- Width Depth WhenAbuttingWhen When mum Landscape lion mum Zoning um Mini- ini When Require- Lot District Front Rear Property Backing Backing Feet Notes Square um um (a) Ina Abutting Up Up (b and ments Coverage Feet Feet Feet Residential Property to an to an In a Non- e) � District or Residential Abutting Abutting Garden District Side Rear Home Yard Yard District CSC 15,000 100 150 30 15 25 10 25 10 f351- Yes 30% NC 12,000 100 120 30 20 25 10 25 10 40] Yes D 30% LNC 10,000 100 100 30 25 25 10 25 10 �- 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 15 25 10 25 10 0} Yes 30% BP 10,000 100 100 30 25 25 10 25 10 0+ Yes 40% LI 15,000 100 100 30 25 25 10 25 10 01- Yes A, C 50% 1 20,000 100 100 30 25 40 10 25 10 40� Yes B, C 60% (Ord.No. : , -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 square feet. Further, no lot classified as within the DD zone may be subdivided to less than the minimum size of 15,000 square feet. 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 nonresidential district C% REGULATION MATRIX - RESIDENTIAL DISTRICTS Circled letters (letters in parentheses) refer to paragraphs in section 7-Q.3 TABLEINSET: Yards - Minimum Feet - Side Unit Lot Area Exterior Height Parking Zero Maximum s Minimu Lot Maximum Lot (Corner Lot) Requiremen Lot per in Widl Front Rear Feet t Lines Coverage Acre Square a Interior Backing Backing (b and e) Y or g eet Unit A Up to an Up to an N �J Abutting Abutting Side Rear Yazd Yazd SFR 2.Single Family 7 11,600 A 25 B 25 10 F 25 A 20 C 440 2 No 35% Residential SFR 2. 15 12 Single Family 7 600 0 25 BA 25 10 25 B 20 C 40 2 No 35% Residential SFR-E 15 Single Family 0' 87,120 0 ° Residential 5 A 75 25 25 35 35 40 5 No 20% Estate MFR.- L 6 7,260 45 25 B 10 E, I {35] Multi Family G G G 25 25 B 20 C 40 2 No 50% -Low MFR.-M Multi Family 9 __ 25 B 0 10 E, I 25 B 20 C 440 2 No 50% -Medium MFR.-H 12 25 B 10 E, I {351 —-Multi Family — -- —___._0__-__ 25_B_—_20_C__ _40 2 No 50%_ -High -- --- -[ MHR 10 - 25 B — ' Mobile Home - 25 10 I 30 �� B 20 2.5 No 50% 25 -- B 4 25 10 I 25 B 20 C 400- 2 No 10% AI MFR-GHD 61000 60 5 B, 0 D J {�1 Yes D °,Garden Home 6 H 10 5 B, H 4 C, H 40 2 50/° District PUD-Cluster Home District 2.7 6,000 40 20 15 51 20 B 20 C 35� 2 No 40% 20% Open B 40 Space PUD-Cluster Home District 3 6,000 40 20 15 51 20 B 20 C f3fl- 2 No 45% 30% Open B 40 Space PUD-Cluster Home District 4 6,000 40 20 15 51 20 B 20 C 2 No 50% 40% Open B 40 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 p(vate)whichever is greater. 1. 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).