HomeMy WebLinkAboutOrdinance No. 2001-23 ORDINANCE NO. 2001-23
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 ADDING TO SUBSECTION I
OF SECTION 8 THEREOF NEW SENTENCES TO ESTABLISH
ADDITIONAL PERIMETER LANDSCAPING AND SCREENING
REQUIREMENTS FOR CERTAIN PROPERTIES ADJACENT TO
RE5IDENTIAL DISTRICT; AMENDING SECTION 20, DEFINITIONS, BY
ADDING A DEFINITION OF "GRADUATED FENCE"; PROVIDING
OTHER MATTERS RELATING TO THE SUBJECT; 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. Appendix C of the Code of Ordinances of the City of Friendswood, Texas,
said appendix C being the Zoning Ordinance of the City, is hereby amended by adding to
Subparagraph a of Paragraph 2 of Subsection I of Section 8 thereof new sentences to provide as
follows:
a. When a commercial (CSC, LNC, NC. OPD, OBD, PUD, A-1) or industrial
(LI, I, BP) use is established on a lot or premises located adjacent to any
residential zoning district, or when any multiple family dwelling use is
established on a lot or premises adjacent to any property located in a single-
family residential zoning district, or when an industrial use is established on a
lot or premises adjacent to any property located in a commercial zoning
district, a ten-foot in width landscaped open space buffer strip shall be
installed and maintained by the owner, developer or operator of the multiple
family dwelling, commercial or industrial property between it and the adjacent
protected property. In addition, an eight-foot-high opaque fence or wall shall
be erected and maintained along the common property line. Graduated fences
may be allowed by the city, when the safety and general welfare of the public
would be better protected bv such desi�n. The fence or wall shall be
constructed of wood, masonry, or decorative concrete, or any combination
th__ereof. Metal may be used onlv as a concealed structural element.
Alternatively, some types of vegetation may be allowed for such screenin�,
provided plantings are evergreen and dense enou to provide an opaque or
substantiall�paque screen. Any combination of fencing, earthen berms, and
ve�etation may be used to comply with the eight-foot screenin�requirement.
The provisions of this subparag_raph ma�pply where zoning districts are
separated b�public street, drainage ditch, or canal, which are a minimum
width of thirty (30) feet. 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. All land zoned commercial or industrial as that term is
defined in this section, shall have a minimum teen (10) foot landscaped open
space adjacent to each public right-of-way located within the required yard
provided, however, that in the local neighborhood commercial district (LNC)
the landscaped open space adjacent to a public right-of-way and within the
required yard, shall be fifteen (15) feet. The city shall determine the required
screening, after giving due consideration to the intensity of the commercial
use, the zoning classification, and adjacent land uses. When a residentially
zoned propert_y adjacent to a commercially zoned �ro�ertv is rezoned to
commercial, an existing fence may, if requested by the staff, the commission,
or the a�plicant, be removed, in whole or in part, to allow joint or shared
access to�arking and driving areas. Documentation may be required detailing
a ioint use agreement between or amon�properly owners.
Section 2. Appendix C of the Code of Ordinances of the City of Friendswood, Texas,
said appendix C being the Zoning Ordinance of the City, is hereby amended by adding to Section
20, Definitions, the following:
Graduated Fence. A fence required by City ordinance, the height of which mav be
reduced for some portion of its required length, either in a stair-ste� confi�uration or bX
a�r dually reducing such hei�ht in a strai�ht or radial line. The length and hei t of the
fence so reduced will be determined on the basis of a combination of factors, includin�
but not limited to securit�public welfare, and pedestrian and traffic safe�.
Section 3. 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 4. 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
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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 ar 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 or more parts.
PASSED AND APPROVED on first reading this Sth day of November, 2001.
PASSED, APPROVED, and ADOPTED on second and final reading this 19th day of
November, 2001.
CITY OF FRIENDSWOOD, TEXAS
Harold L. Whitaker
Mayor
ATTEST
�
Deloris McKenzie, T C
City Secretary
MOTION: COUNCILMEMBER TRACY GOZA
2ND: COUNCILMEMBER JERRY ERICSSON
APPROVED: UNANIMOUSLY
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