HomeMy WebLinkAboutOrdinance No. 2000-26 ORDINANCE NO. 2000-26
AN ORDINANCE OF TAE CITY OF FRIENDSWOOD, TEXAS,
AMENDING APPENDIX C OF THE FRIENDSWOOD CITY
CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY
ADOPT�D THE 19�TH llAY �'?F' NOVEMBER, 1984, AND BEING
THE ZONING ORDINANCE OF THE CITY, BY AMENDING
SECTION 7, SUBSECTION Q., PARAGRAPH 3, BUILDING AND
HEIGHT REGULATIONS TO REPLACE SUBPARAGRAPH B. OF °
PARAGRAPH 3 IN ITS ENTIRETY TO ALLOW BUILDINGS IN
CERTAIN COMMERCIAL DISTRICTS TO EXCEED THIRTY-
FIVE FEET IN HEIGHT AND PROVIDING LIMITATIONS, AND
TO ALLOW SINGLE FAMILY RESIDENTIAL STRUCTURES TO
BE UP TO FORTY FEET IN HEIGHT; AMENDING SECTION 7,
SUBSECTION O, SUBPARAGRAPH 1, BUSINESS PARK
DISTRICT, TO DELETE THE HEIGHT LIMITATION;
AMENDING SECTION 7, SUBSECTION R, PARAGRAPH 4,
ENTRYWAY OVERLAY DISTRICTS TO DELETE THE HEIGHT
LIMITATION; 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.
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WHEREAS, the City Council of the City of Friendswood, Texas, is interested in
protecting and preserving the semi-rural nature of the City and the quality of life enjoyed
by its residents therewith; and
WHEREAS, property owners and builders within the City are interested in
allowing higher structures in certain commercial and single family residential districts;
and
WHEREAS, certain limitations on tre height of buildings and structures remain
appropriate for health and safety reasons, including fire protection and space, so certain
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limitations on height are imposed, including the imposition of greater setbacks for higher
buildings; and
WHEREAS, the Planning and Zoning Commission has recommended adoption of
the following amendment; now therefore,
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 deleting the following from Section 7.Q., subparagraph b. of paragraph 3:
"b. A building or structure may not exceed thirty-five (35) feet in height
measured from the minimum habitable floor elevation, provided however �
that buildings or structures in Office Park (OP), Light Industrial (LI),
Industrial (I), Business Park (BP) and Planned Unit Development (PUD)
districts may exceed thirty-five (35) feet in height when:
l. 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 no greater than 45.0 degrees at the
property line from a horizontal line established at the minimum
habitable floor elevation.
2. The minimum setback for any building or structure in Office Park
(OP), L•ight Industrial (LI), Industrial (I), Business Park (BP), and
Planned Unit Development (PUD) which is greater than thirty-five
(35) feet in height, shall be one hundred (100) feet plus the
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building or structure height from the nearest property line of
residentially zoned land.
3. The minimum setback for building or structures taller than thirty-
five (35) feet shall be that which provides the greatest distanced
from the nearest property line of residentially zoned land, as
determined by either 1. or 2. above."
and replacing it with the following new subparagraph b:
b. A building structure may not exceed thirty-five (35) feet in height
measured from the minimum habitable floor elevation, provided however,
that:
1. Buildings or structures in Office Park (OP), Light Industrial (LI),
Industrial (I), Business Park (BP) and Planned Unit Development (PUD)
districts may exceed thirty-five(35) feet in height when:
a. The buildin� 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 propertv line
from a horizontal line established at the minimum habitable floor
elevation.
b. The minimum setback for any building or structure in
Office Park (OP), Light Industrial (LI), Industrial (I), Business Park (BP)
and Planned Unit Development (PUD) which is �reater than thirty-five
(35) feet in height, shall be one-hundred (100) feet plus the building or
structure height from the nearest prope line of residentiall zoned land.
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c. The minimum setback for buildings or structures taller than
thirty-five (35) feet shall be that which provides the greatest distance from
the nearest property line of residentially zoned land, as determined by
either(a) or(b) above.
d. Buildings or structures of thirty-five feet or less in height
shall meet the setback requirements as defined in this Appendix.
2. Primary structures in SFR and SFR-E residentially zoned districts
with a minimum iot fronta�e of one-hundred-twenty (120) feet and
minimum lot area of 15,600 square feet may be up to forty (40) feet in
height measured from the minimal habitable floor elevation provided
however that all the setback requirements as defined in this Appendix will
increase five (5) feet for the primary structure.
Section 2. Appendix C of the Friendswood City Code, same being 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 further amended
by deleting the first sentenr,e of�aragra�li�+ of subsection R of Section 7:
"Height of building and structures shall in no case exceed two stories or 35 feet."
5ection 3. Appendix C of the Friendswood City Code, same being City of
Friendswood, Texas, Ordinance No. 84-15, as amended, originally passed and approved the 19tn
day of November, 1984, and being the Zoning Ordinance of the City, is hereby further amended
by deleting the following phrase of paragraph 1 of subsection O of Section 7:
"maximum height 35 feet,"
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Section 4. Except as otherwise herein expressly amended, all other provisions
of Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said
Appendix C being the Zoning Ordinance of the City, Ordinance No. 84-15, originally
adopted the 19th day of November, 1984, as it may have been previously amended,
remain unchanged and in full force and effect.
Section 5. 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 6. 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 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,whether there be one or more parts.
Section 7. Except as otherwise herein expressly amended, all other provisions of
Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C
being the Zoning Ordinance of the City, Ordinance No. 84-15, originally adopted the 19�h day of
November, 1984, as it may have been previously amended, remain unchanged and in full force
and effect.
PASSED AND APPROVED on first reading this 24th day of Ju1y
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2000.
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PASSED, APPROVED, and ADOPTED on second and final reading this �th
day of August , 2000.
Harold L. itaker
Mayor
ATTEST
,
.
Deloris McKenzie, T C
City Secretary
MOTION: COUNCILMEMBER KITTEN BRIZFNDINE
2ND: COUNCILMEN�BER JERRY ERICSSON
APFROVED: 6-0 (Tom Manison absent)
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