HomeMy WebLinkAboutOrdinance No. 2024-27ORDINANCE NO.2024-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING APPENDIX C "ZONING," SECTION 3 "PROVISION FOR
OFFICIAL ZONING MAP" AND SECTION 9 "ADMINISTRATION AND
ENFORCEMENT — BUILDING PERMITS AND CERTIFICATES OF ZONING
COMPLIANCE," SUBSECTION G "SPECIFIC USE PERMITS," PARAGRAPH 7
"TIME LIMIT" OF THE FRIENDSWOOD CITY CODE TO AMEND THE PROCESS
OF MAINTAINING THE OFFICIAL ZONING MAP AND TO AMEND THE TIME
LIMIT CRITERIA FOR SPECIFIC USE PERMITS; PROVIDING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO1100 DOLLARS ($2,000.00); REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND
AN EFFECTIVE DATE.
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WHEREAS, in effort to ensure transparency, The Official Zoning Map of the City of Friendswood
is continually maintained and updated by the Community Development Department so that the same
reflects all amendments thereto on or about the effective date of each such amendment; and
WHEREAS, since the map is continually being updated, the readoption of the same at regular
intervals is no longer necessary; and
WHEREAS, additionally, the City of Friendswood Zoning Ordinance provides for an expiration
date of two years for specific use permits; however, it does not contemplate an expiration date for specific
use permits for long-term, multi -phased developments beyond the first phase; and
WHEREAS, in order to keep the Official Zoning Map clean and current, an expiration date on such
long-term, multi -phased developments is appropriate in case subsequent phases never get developed; and
WHEREAS, the City is mindful that some developments may need extensions beyond the two-year
expiration date; therefore, it desires to afford developers with a process whereby extensions may be
requested; and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the Planning
and Zoning Commission and the City Council conducted public hearings on such application, allowing all
interested persons the opportunity to be heard; and
WHEREAS, after the public hearing on the application and after having considered the application,
the relevant support materials, and public testimony, the Planning and Zoning Commission filed a final
report and recommendation with the City Council to approve the proposed text amendments contained in
this ordinance; and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the City
Council has determined that all public notices have been posted and published and all required hearings on
this matter have been held; and
WHEREAS, the City Council further finds that this ordinance complies with the applicable
provisions of the City Charter, City Code and all other applicable laws; and
WHEREAS, the City Council deems it appropriate to approve the amendments contained herein;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct.
Section 2. That Appendix C "Zoning," Section 3 "Provision for official zoning map" of the
Friendswood City Code is hereby amended to read as follows:
APPENDIX C. ZONING
Section 3. Provision for official zoning map.
A. Official zoning map.
(1) The first official zoning map of the City of Friendswood was adopted April 13,
1970, and is systematically updated in accordance with this section to incorporate
all amendments thereto approved by city council.
(2) The boundaries of the zoning districts of the city are adopted by ordinance and
shown graphically on the official zoning map, which, togetherwith all explanatory
matter thereon, is hereby adopted by reference and declared to be a part of this
appendix.
(3) The director shall maintain records identifying all amendments to the official
zoning map, including the associated ordinance numbers. Such records shall be
updated promptly and, in any event, no more than fifteen (15) days following city
council approval of an amendment.
(4) 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 community development department; and it along with
the record of the amendments shall be the final authority as to the current zoning
status of land areas, buildings, and other structures in the city.
(5) This official zoningmap shall be identified by the signature of thedirector and the
effective date under the following words:
"This is to certify that this is the official zoning map referred to in Section
3 of the City of Friendswood Zoning Ordinance."
(6) In the event the official zoning map becomes difficult to interpret because of the
nature or number of changes or additions, the director may incorporate those
changes or additions into a new official zoning map, in compliance with Section
3.A.3., which shall supersede the prior official zoning map.
B. Digital Mapping. Digital maps may be used in the administration and enforcement of this
code. Digital mapping will not replace the official map but may represent the most accurate
and up-to-date information in between printings.
Section 3. That Appendix C "Zoning," Section 9 "Administration and en forcement—Building
permits and certificates of zoning compliance," Subsection G "Specific use permits," Paragraph 7 "Time
Limit" of the Friendswood City Code is hereby amended to read as follows:
APPENDIX C. ZONING
Section 9. Administration and enforcement — Building permits and certificates of zoning compliance.
G. Specific use permits.
7. Time limit.
a. Expiration. A specific use permit issued under this section shall expire:
(1) 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, where the
development is based on a long-term, multi -phased master plan,
each phase of the specific use permit shall be severable and shall
be subject to the two-year expiration period, which shall expire as
follows:
(a) for the initial phase, two years after its date of
issuance and
(b) for subsequent phases, two years after the date
construction is commenced for each applicable
phase; provided construction commences prior to
the expiration of the previous phase; or
(2) One year following the discontinuation of the use for which the
specific use permit was approved.
b. Extension. If, prior to the expiration of the specific use permit, 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
Section 4. A violation of this ordinance is subject to the penalty provisions contained in
Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall
intentionally, knowingly, recklessly, or with criminal negligence fail to comply with any provision of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation
and each day upon which any such violation shall occur shall constitute a separate offense.
Section 5. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 6. 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 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 he invalid or unconstitutional, or whether there be one or more parts.
Section 7. The City Secretary shall give notice of the enactment of this ordinance by promptly
publishing the caption of this ordinance after final passage in the official newspaper of the City.
Section 8. This ordinance shall take effect ten (10) days from and after its passage on first
reading by the City Council of the City of Friendswood, Texas, and its publication in the official newspaper
of the City.
INTRODUCED, READ, AND PASSED on first and final reading by the affirmative vote of the
City Council of the City of Friendswood this 9' day of September, 2024.
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
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