HomeMy WebLinkAboutOrdinance No. 99-02 ORDINANCE NO. 9 9-2
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
REPLACING SUBSECTION A. OF SECTION 6, NONCONFORMING
USES, IN ITS ENTIRETY; BY REPLACING SUBSECTION D. OF
SECTION 6, USES OF NONCONFORMING STRUCTURES, IN ITS
ENTIRETY; BY AMENDING THE TIME LIMITATIONS IN
SUBSECTION F. OF SECTION 6; BY ADDING PROCEDURAL
LANGUAGE IN SUBSECTION G.7, SPECIFIC USE PERMITS, OF
SECTION 9; BY ADDING A NEW SUBSECTION H., SITE PLAN
PROCESS, TO SECTION 9; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVER.ABILITY.
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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, Section 6,
Nonconforming uses of lots, uses of land, uses of structures, and premises, and
characteristics of use, Subsection A. Intent, shall be and is hereby revised and amended
by deleting the last paragraph,which provides:
[To avoid undue hardship, nothing in this ordinance shall be deemed to
require a change in the plans, construction, or designated use of any
building on which actual construction was lawfully begun prior to the
effective date of adoption or amendment of this ordinance and upon which
actual building construction had been carried on diligently. Actual
construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.]
And replacing it with a new paragraph,providing as follows:
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To avoid undue hardship, nothin� in this ordinance shall be deemed to
require a chan�e in the plans, construction, or designated use of any
building on which an active process was lawfullv be�prior to the
effective date of adoption or amendment of this ordinance and upon which
an active process has been carried on dili�v. The phrase "active
process" is herebv defined as follows:
l. for land zoned Single Familv Residential (SFR), Single
Familv Residential Estate (SFR-E), or Multiple Familv Garden Home
District (GHDI, a development proposal must be subject to a valid,
approved preliminary plat, or
2. for land zoned NC CSC OBD LNC OPD LI I BP and
A-1, when the land is subject to a valid existin�preliminarv site plan in
accordance with Section 9.G.1 l., or
3. for land zoned MFR-H MFR-M MFR-L or PUD when a
proposed Specific Use Permit (SUP) has been heard at a joint public
hearing of the City Council and the Plannin�and Zoning Commission.
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, Section 6,
Nonconforming uses of lots, uses of land, uses of structures, and premises, and
characteristics of use, Subsection D. Nonconforming use of structures, shall be and is
hereby revised and amended by deleting subparagraph 2,which provides:
[Should such nonconforming structure or nonconforming portion of
structure be destroyed by any means to an extent of more than 50 percent
of its replacement cost at the time of such destruction, it shall not be
reconstructed except in conformity with the provisions of this ordinance.]
And replacing it with a new subparagraph 2,providing as follows:
Should such nonconforming structure or nonconforming��ortion of
structure be destroved or damaged by accidental means, including but not
limited to, accidental fire, windstorm, flood, civil disorder, or act of war
the structure mav be restored to its pre-existin� nonconformin s� tate.
Such restored structures shall meet all other applicable city codes, and
nothing herein shall be construed as constituting a waiver of requirements
other than those �;overned bv the zonin�ordinance. If plans to restore or
repair the buildin� are not submitted for issuance of a buildin� permit
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within twelve (12) months from the date of the destruction or damage, the
replacement structure must be built in conformitv with the provisions of
this ordinance. The Commission mav r�ant, upon written application bX
the propert�owner showing cause, a one time extension to seek a building
permit for a period not to exceed six(6)months.
Section 3. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 6,
Nonconforming uses of lots, uses of land, uses of structures, and premises, and
characteristics of use, Subsection F. Repairs and maintenance, shall be and is hereby
revised and amended by amending the period of time contained in line two, [12
consecutive months], to 36 consecutive months, by amending the percentage contained in
line four, [ten percent], to fiftv percent, and by adding the following at the end of the
current language:
Provided, however, that a propertv owner mav applv to the Commission
for an increase in the time period or thepercenta�e limits contained herein
to enable repairs necessarv for the protection of the public health, safet�
and welfare.
Section 4. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 9, shall be and
is hereby revised and amended by adding a new subsection H.,to read as follows:
H. Site Plan Process.
1. Purpose. The purpose of the site plan is to insure
� compliance with this ordinance and to assist in the orderlv and
harmonious develoument of the Citv, to protect and enhance the
�eneral welfare, and to help prevent the impairment or denreciation
of land values and development by the erection of structures,
additions, or alterations thereto without proper attention to site
plannin�and preservin�the intent of this ordinance.
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2. Site Plans Reguired. Site�lans shall be required for:
a. all proposed development on land zoned
Neighborhood Commercial (NC), Communitv Shopping Center
(CSC�, Old Business District (OBD), Local Neighborhood
Commercial (LNC�, Office Park Development (OPD), Light
Industrial (LI), Industrial (I), A��icultural (A-11, or Business Park
BP • and
b. where a Specific Use Permit is required bv Section
7.P., Permitted Use Table, and Section 9.G. of this Ordinance.
3. Content. The content of both �reliminary and final
site plans are described above in Section 9.G.3. An applicant shall
submit copies of preliminarv or final site plans for
consideration bv the Commission.
4. Preliminar�pproval. An applicant for development
which requires a site plan shall first submit a preliminar�te plan
to the Commission. After the proposed preliminarv site plan is
first considered bv the Commission, the Commission shall render a
decision thereon within thirtv days. Such decision mav consist of
approval or disapproval. Preliminarv approval will expire ninety
days after the approval b�the Commission of the preliminarv site
nlan. U�on expiration of that time, the applicant must resubmit a
new preliminarv site plan that conforms to current ordinances.
Provided, however, that the applicant ma��request an extension in
writing, which mav be �ranted bv the Commission, for a period
not to exceed a total of ninetY davs.
5. Final approval. An applicant mav submit a final site
plan for consideration bv the Commission at anv time after
preliminarv approval is granted. After the proposed final site nlan
is first considered by the Commission, the Commission shall
render a decision thereon within thirty days. Such decision may
consist of a recommendation to Council to approve or disapprove
the final site plan. Council will then act upon the Commission's
recommendation. Approval will expire one vear after the approval
by the Council of the final site plan. Unon expiration of that time.
the applicant must resubmit a new preliminary and final site plan
that conform to current ordinances. Provided, however, that the
applicant mav request an extension in writing, which may be
granted bv the Commission, for a period not to exceed a total of six
months.
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6. Enforcement. Followin t�he approval of a final site plan,
the Building Official shall inspect the development to insure that it
is in full compliance with the approved site plan.
Section 5. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Subparagraph 7 of
Subsection G, Specific Use Permits, of Section 9, shall be and is hereby revised and
amended by revising the language as follows:
A specific use permit issued under this section shall expire two yeazs after
its date of issuance if construction or use authorized thereunder is not
substantially under way prior to the expiration of said two-year period;
provided, however, if, prior to the expiration of such two-year period, the
owner of property to which a specific use permit applies requests, in
writin , an extension thereof, the city council, after recommendation from
the planing and zoning commission, may approve such extension for not
more than two additional years.
Section 6. 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.
Section 7. Any person who shall violate any provision of this Ordinance sha11
be deemed guilty of a misdemeanor and,upon conviction,sha11 be fined in an amount not to
exceed$2,000. Each day of violation shall constitute a separate offense.
Section 8. 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
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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.
PASSED AND APPROVED on first reading this 4th day of January ,
199�..
PASSED, APPROVED, and ADOPTED on second and final reading this 18th
day of January , 1999.
t
Harold L. Whitaker
Mayor
ATTEST:
S
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Deloris McKenzie, RM
City Secretary
MnTION: COUNCILMEMBER KIM BRIZENDINE
2ND: COUNCILMEMBER KITTEN HAJECATE
Unanimously
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