HomeMy WebLinkAboutOrdinance No. 2009-25 (Title: An ordinance amending the zoning ordinance of the City by amending the
J regulations governing maximum building heights by increasing the maximum allowable'
height of an accessory structure from 20 to 25 feet and by removing a conflict in verbiage)
with the regulation matrix pertaining to an additional 5 foot setback for structures up to 40�
feet in height in areas zoned SIR and SFR-E.)
ORDINANCE NO. 2009-25
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 PARAGRAPH 3
OF SUBSECTION Q OF SECTION 7 BY INCREASING THE MAXIMUM
ALLOWABLE HEIGHT OF AN ACCESSORY STRUCTURE;
AMENDING PARAGRAPH 3 OF SUBSECTION Q OF SECTION 7 BY
REMOVING THE REQUIRED ADDITIONAL 5 FOOT SETBACKS FOR
STRUCTURES UP TO 40 FEET IN HEIGHT IN SFR AND SFR-E
RESIDENTIALLY ZONED DISTRICTS; 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:
I
Section 1. 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 deleting the text
contained in brackets and adding the underlined text in Paragraph 3 of Subsection Q of Section 7
thereof, as follows:
"3. Area and height exceptions.
a. Unattached accessory buildings or structures less than [201 25 feet in height, as measured,
from the adjacent grade to the highest point of any portion of such building or structure, may be
located in required rear or side yards within residential districts, provided they are set back not
less than five feet from any interior side lot line,20 feet from any side lot [lane}line adjacent to a
side street, and ten feet from any rear lot line.
b. A building structure may not exceed 40 feet in height measured from the minimum habitable
floor elevation,provided, however,that:
1. Buildings or structures in Community Shopping Center (CSC), Neighborhood
Commercial (NC), Office Park(OPD), Light Industrial (LI), Industrial (I), Business Par
(BP) districts may exceed [35] 40 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 adjacent to a residential zone shall have a height
that exceeds 50 feet unless a specific use permit shall have been granted
[therefee] therefore in accordance with section 9.G. of this ordinance.
b. Buildings or structures of 40 feet or less in height shall meet the setback
requirements as defined in this appendix.
2. [Primary struet.,res i,, QTlp nnd- SrR ➢ sidentien,, zoned districts with a ..,�
lot r,...«age of 120 c of and-m m- lot area of 15,600 s e feet..,,,.,be,,., to n n feet
I
the ...,N..,,,1. ..e...,:.e»,e.at.. as defined inA.:.. ..........Ain height measuFed 4sm the minimal habitable flaor elei'atiEffit provided heweNeF .11M -1
:., ,,.a f...., f et C the
[3} Exceptions: Structures located within a General PUD or PUD-Mixed Use shall be
exempt from the height limitations contained herein. Height limitations for buildings or
structures located within a General PUD or PUD-Mixed Use application will be as
established in the Ordinance authorizing and approving the Planned Unit Development.
3. [4:] The maximum height allowed for structures within the Downtown District(DD)
is 70 feet as measured in accordance with the method prescribed in Section 20,;
Definitions, subsection 00,Height.
I
c. Interior side yards shall not be required for abutting properties in the same zoning district if
both properties are developed as a unit under a common development plan.
d. When individual attached townhouses or condominiums are to be sold separately, there shall
be no minimum lot area requirements provided that the total land area of the project, including'
the land on which the units are located and the land held in common ownership by the unit,
owners, is equal to the total minimum land area required per dwelling unit or lot in the district in
which the project is located.
e. The height regulations of this section shall not apply to belfries, chimneys, church spires,
conveyors, cooling towers, elevator bulkheads, fire towers, storage towers,flagpoles,monuments,
ornamental towers or spires, cranes, construction equipment, smokestacks, stage towers and
scenery lofts,tanks, water towers, ham radio and television antennas, microwave relay, radio and
television transmission towers and items similar to those listed herein. The total combined
maximum height for these items and the structure is fifty feet(50')overall height, measured from
the first finished floor to the highest point, unless otherwise approved by the Planning and Zoning
Commission.
f. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-
de-sac shall be 15 feet."
Ord.2009-25 2
Section 2. 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.
Section 3. 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 parl
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 orl
more parts.
PASSED,APPROVED on first reading this 7th day of December,2009.
PASSED,APPROVED, and ADOPTED on second and final reading this the 4 th day
of January,2010.
David J. A. Sr
Mayor
ATTEST:
l/ R1Ery,
hQV& S
S McKenzie, TRMC v p
City e
City Secretary �
S'Agr� OF
Ord.2009-25 3