HomeMy WebLinkAboutOrdinance No. 2009-19 ('title: An ordinance amending the zoning ordinance of the City by amending the
Supplementary District Regulations to correct wording regarding fences,walls and hedges;
to remove the ability to reduce parking by 50% by providing additional landscaping; to
correct the reference to small trees in off street landscaping by removing size 2 and only
allowing size 3 trees; and to remove the 30 day time limit for staff to approve a tree i
survey.)
ORDINANCE NO. 2009-19
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 SECTION 8,
SUPPLEMENTARY DISTRICT REGULATIONS; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY
OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING
FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
passed and approved the 19th day of November, 1984, and being the zoning ordinance of the city„
is hereby amended by amending Appendix C, Zoning Ordinance, Section 8. Supplementary
District Regulations, to read and provide as follows:
°SECTION 8. SUPPLEMENTARY DISTRICT REGULATIONS.
B. Fences, walls, and hedges. 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 bed
construction 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 [eenstmetien] 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
acres, provided that no hazardous visual obstruction is created. Additionally, fences must be
installed with the finished side facing outward.
i
F. Off-street parking and loading regulations.
1. Purpose At is the intent of this section to assure [ensure] that adequate off-street parking is
provided with the construction, alteration, remodeling or change of use of any building or change
of use of land. Specific guidelines regarding recommended off-street parking spaces and parking
lot geometries shall comply with the requirements of the current design criteria.
a. Approval by the Commission shall be required of parking area layouts and design of
all off-street parking, including shared parking areas, with the recommendation of by the
city engineer. The city engineer shall render to the Commission his recommendation
regarding the usability of the proposed parking spaces, and the adequacy of vehicular
circulation patterns.
[b Benus for landscaping ..f off street .sling feed lien The minknum off street
...t.ere an .el peree«t of the total perkiing area has been retained a—f3d developed as-
landscaped openspaee afea. The per-ee«t of the lendseape.l open spaee area shall
off street par-king n n ]
b. [e.] Downtown District parking. 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 400' from FM 518 and/or FM 2351. No on-street parking shall be allowed
on FM 518 or on FM 2351 within the Downtown District. Parking spaces and parking lot
geometries shall comply with the requirements of the current Design Criteria.
I. Landscaping and screening requirements.
2. Perimeter landscaping and screening.
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 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 the 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 [2-9r] 3) on the qualified tree list may be planted under or within ten
lateral feet of any overhead utility wire, or over or within five lateral feet of any
underground water line, sewer line,transmission line or other utility.
Ord 2009-19 2
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 i
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 more than I
20 parking spaces shall have open landscaped areas equal to ten percent of the parking i
area and drives in the parking area. Fifty percent of the required landscaped area shall 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
opaque fences or walls, eight feet in height above ground level, 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,
measured 18 inches above the natural ground level.
f. Preserving trees--Historical significance.
(3) Tree survey required.
(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 [ , or community development!
shall [ provide a notice, in writing, of its reasons for any action
other than an acceptance thereof [if ee.....urAt. development fails to take eet:e., on the
tree .u fyey within said 30 day peFie.7 the tree ........ey shall be deemed aeeepte.i ]
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.
Ord 2009-19 3 j
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
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 17th day of August,2009.
PASSED, APPROVED, and ADOPTED on second and final reading this 14`h day of
Sentember,2009.
j
Dav d J.H. Smith
Mayor
ATTEST:
AaAll� t OF FR1Epp`Q,
O
Del ris McKenzie, T C u o
City Secretary
s
r9TF OF
� I
Ord 200949 4