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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. � * * * � � 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 Building Heights Page 1 of 5 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 Building Heights Page 2 of 5 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. Building Heights Page 3 of 5 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," Building Heights Page 4 of 5 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 � 2000. Building Heights Page 5 of 5 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) Building Heights Page 6 of 5