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HomeMy WebLinkAboutOrdinance No. 2011-12 (Title: An ordinance amending the zoning ordinance of the City by amending the supplemental regulations of the Downtown Zoning District pertaining to fenestration and emergency access doors) ORDINANCE NO. 2011-12 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 (N), SUBSECTION 4, TO AMEND THE PROVISIONS PERTAINING TO FENESTRATION AND EMERGENCY ACCESS DOORS; 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, also known as Appendix C, the Zoning Ordinance, is hereby further amended by amending Appendix C, section 8. (N) (4) to read and provide as follows: "N. Downtown District Supplemental requirements Downtown District supplemental requirements. These supplemental requirements shall apply only to new developments within the Downtown District or where a structure in the district has lost its nonconformity. A new development shall be defined as any new project built on a raw or otherwise vacant tract or tracts of land, not associated with and existing structure. A structure shall be deemed to have lost its, nonconformity as determined by appendix C, subsection 6.D. 1. [Geographic limits.] The geographic limits of the Downtown District are{( as shown on the Downtown District Map. All properties within these geographic limits may rezone to downtown zone. Those properties outside the geographic limits may not rezone to the downtown zone. 2. General purpose and description. The Downtown District (DD) is intended to create a mixed use environment based on traditional neighborhood! and smart growth standards. It is designed for physical flexibility with zero; setbacks and allows for the redevelopment of small, existing tracts. The' encouragement of a pedestrian friendly environment is established by allowing shared parking and on-street parking, as well as sidewalks and street furnishing. 3. Parking. a. Off-site parking shall be allowed if within one block of the development. For purposes of .this subsection, one block shall' constitute no less than 300 linear feet and no more than 1,206 linear feet. b. Shared.parking areas shall be allowed. C. Shared access agreements shall be required between adjacent,, developments. d. On-street parking shall be in accordance with subsection F.1.C., shown previously in this ordinance. e. Development plans shall indicate how freight and goods will bJ delivered. f. Development plans shall show the design and layoff for all parking. Documentation shall be provided to verify authority for all shared or off-site parking. g. All such required documentation shall be presented before a development plan is approved. 4. Architectural standards. a. The portion of each structure that will be visible to the genera' public shall be of a masonry material, glass and/or cement based wood substitutes. Other architectural materials of similar or higher quality may, be substituted upon approval of the planning and zoning commission. The planning and zoning commission may request a recommendation of the city engineer for nonstandard materials. b. Fenestration shall mean the [fie }openings in a wall such as doors - " and windows, [)] to include faux windows whether transparent or not. Ord2011-12 2 r Such windows may be inoperative but must be framed as a window and otherwise appear to be a window. Painted openings would not be counted, in fenestration calculations. Fenestration along front or other facades visible to the public, shall be as follows: (1) Walls visible to the public shall have windows and or doors (i.e., no blank walls allowed). (2) Not less than 40 percent fenestration shall be provided for all ground floor primary facades (front or side) that face a public right-of-way. (3) Not less than 25 percent fenestration shall be provided for any facade (upper floors and those not facing a public right-) of-way. v4th [(4) Ne -.,dew or- door- exeept ernergeney, aeeess, sl; I be, .hewed o any .all that is adja.ent to a ipAe..:er si rear!at line YAth a zero set baek. C. Awnings and canopies are allowed upon) approval of the planning and zoning commission. d. Fenestration calculations: (1) Area of primary wall (front or side) facing ROW x 40 percent=minimum fenestration; (2) Area of upper floor or floor not facing ROW x 25 percent minimum fenestration. 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 2011-12 3 Section 3. In the event any section,paragraph, subdivision, clause, phrase, provision I 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 pare 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 4'h day of April, 2011. PASSED, APPROVED, and ADOPTED on second and final reading this 18th day of April,2011. F David J. S ith Mayor ATTEST: Melinda Welsh,TRMC City Secretary �oO r Ord 2011-12 4