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HomeMy WebLinkAboutOrdinance No. 2025-13 ORDINANCE NO. 2025-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING APPENDIX C "ZONING," SECTION 8 "SUPPLEMENTARY DISTRICT REGULATIONS," SUBSECTION I "LANDSCAPING AND SCREENING REQUIREMENTS," PARAGRAPH 2 "PERIMETER LANDSCAPING AND SCREENING," SUBPARAGRAPH A "ADJACENT PROPERTY, BUFFER MAINTENANCE AND INSTALLATION," CLAUSE (3) THROUGH (7) OF THE FRIENDSWOOD CITY CODE TO GIVE THE PLANNING AND ZONING COMMISSION MORE LATITUDE IN CONSIDERING SITE CONDITIONS AND ADJACENT ZONING WHEN DETERMINING LANDSCAPING AND SCREENING REQUIREMENTS; PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY,PUBLICATION AND AN EFFECTIVE DATE. ************************************************************************************* WHEREAS, in accordance with the Friendswood City Code and all applicable laws,the Planning and Zoning Commission and the City Council conducted public hearings concerning the amendments contained herein to Appendix C "Zoning," of the Friendswood City Code, 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 8 "Supplementary district regulations," Subsection I "Landscaping and screening requirements," Paragraph 2 "Perimeter landscaping and screening," Subparagraph a"Adjacent property,buffer maintenance and installation," Clauses(3)through (7)of the Friendswood City Code are hereby amended to read as follows: APPENDIX C. ZONING Section 8. Supplementary district regulations. Landscaping and screening requirements. 2. Perimeter landscaping and screening. a. Adjacent property, buffer maintenance and installation. (3) The commission may determine the provisions of this subsection may not apply in the following circumstances: (a) the uses are separated by a driveway, easement, drainage ditch, canal,or similar features determined to provide adequate buffering to those listed herein which are a minimum width of 30 feet. (b) a commercial use has been established by Specific Use Permit on a residentially zoned lot. (4) When a residentially 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 (5) 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. (6) The commission may consider alternate screening plans for uses interior to a common development. (7) The commission shall determine the required screening after giving due consideration to the intensity of the commercial use, the zoning classification,and adjacent land uses. Section 3. 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 4. That all ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 5. 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 2 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,or whether there be one or more parts. Section 6. 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 7. 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. The City Secretary is directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City within ten(10)days after its passage. INTRODUCED, READ, AND PASSED on first and final reading by the affirmative vote of the City Council of the City of Friendswood this 5th day of May,2025. i'1 .i�.. MI F• i ,Mayor AT T: \ENOS4e LETICIA BRYSCH,City Secre OAF OOQ APPROVED AS TO FORM: co sce516?"1‘.Q.)t— ST4TE OF KAREN L. HORNER,City Attorney H:\City Council\Ordinances\2025\05-05-2025\Ordinance-Zoning Text Amendments-Landscaping.docx 3