HomeMy WebLinkAboutOrdinance No. 2014-04 (Title: An ordinance adopting revisions to City Code, Appendix C "Zoning," Section 9.,
"Administration and enforcement—Building permits and certificates of zoning
compliance," Subsection G. "Specific Use Permits," relating to application procedures for
such permits.)
ORDINANCE NO.2014-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C – "ZONING," SECTION 9.,
"ADMINISTRATION AND ENFORCEMENT—BUILDING
PERMITS AND CERTIFICATES OF ZONING
COMPLIANCE," SECTION G., "SPECIFIC USE PERMITS"
SUBSECTION 3., "APPLICATION PROCEDURE," BY
REVISING, ADDING AND UPDATING APPLICATION
REQUIREMENTS FOR SPECIFIC USE PERMITS;
PROVIDING A PENALTY FOR VIOLATION IN AN
AMOUNT NOT TO EXCEED $2000, OR AS OTHERWISE
PROVIDED BY LAW; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances, specifically including Appendix C of the
Friendswood City Code, ("Zoning Ordinance") relating to land use and other circumstances
which generally impact the health, safety and well-being of residents, citizens and inhabitants;
and
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Friendswood have studied the present provisions of the Zoning Ordinance and have determined
the need to revise, add, and update the application procedures for Specific Use Permits, as
hereinafter referenced, to more specifically delineate the plans required for such permits to
facilitate orderly growth, development, maintenance of property values, and the protection of the
health, safety and welfare of the public; and
WHEREAS, the Planning and Zoning Commission of the City of Friendswood has
conducted a public hearing, received input from staff and has issued its final report
recommending the amendments referenced hereafter; and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted
a joint public hearing in the time and manner required by law; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
SECTION 1. FINDINGS OF FACT.
That the facts and matters set forth in the preamble of this Ordinance are hereby found to
be true and correct.
SECTION 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX C,
"ZONING", SECTION 9., "ADMINISTRATION AND ENFORCEMENT—BUILDING
PERMITS AND CERTIFICATES OF ZONING COMPLIANCE," SECTION G.,
"SPECIFIC USE PERMITS" SUBSECTION 3., "APPLICATION PROCEDURE".
The City Code of Friendswood, Appendix C, "Zoning," Section 9, "Administration and
enforcement—Building permits and certificates of zoning compliance," Section G. "Specific Use
Permits," Subsection 3., "Application Procedure,"is hereby amended and revised as follows:
"G. Specific use permits.
I. purpose. This section provides the city council the opportunity to deny or to
conditionally approve those uses for which specific use permits are required.
These uses generally have unusual nuisance characteristics or are of a public or
semipublic character often essential or desirable for the general convenience and
welfare of the community. Because, however, of the nature of the use, the
importance of the use's relationship to the comprehensive plan, or possible
adverse impact on neighboring properties of the use, review, evaluation, and
Ord 2014-04 2
exercise of planning judgment relative to the location and site plan of the
proposed use are required.
2. Permit required. A building permit or certificate of occupancy shall not be issued
for any use to be located in a zoning district which permits that use only as a
specific use unless a specific use permit has first been issued in accordance with
the provisions of this section.
3. Application procedure. An application for a specific use permit shall be filed with
the planning and zoning commission. The application shall be accompanied by [a
eptuft ..at,.] plans that, along with the application, will become a part of the
specific use permit, if approved. [Veirifleation of all information eontained in
the eoneeptual site plan shall be required to be eer-fified by an en-i
and/or surveyor-, as f as a eondition for-the granting of any speeffie
use permit:] The accompanying [eter ual site} plans shall [provide} include
the following [infermatien}:
a. Site Plan
11. Data describing all processes and activities involved with the
proposed use;
2Z[b}. Boundaries of the area covered by the site plan,[;] identifying the
zoning of the subject property and the adjacent properties;
31[e]. The location of each existing and proposed building and structure
in the area covered by the site plan and the number of stories,
height, roofline, gross floor area and location of building entrances
and exits;
4)[d]. The location of existing drainage_ways, and significant natural
features;
[e]• [Proposed landseaping and sereening buffers;]
5)[i] The location and dimensions of all curb cuts, public and private
streets, parking and loading areas, pedestrian walks, lighting
facilities, outside trash storage facilities; and
[M—[ > and all other
types ]
661[h] The location, height and size of all proposed signs.
b. Landscape Plan
1) [e]. Proposed landscaping and screening buffers; and
2) [g]. The location, height and type of each wall, fence, and all other
types of screening.
C. Photometric Plan.
Ord 2014-04 3
The plan shall show lighting calculations in foot candles along the
property line.
d. Building Elevations
1) Identifying building facade materials;
2) Overall building height;
3) Colored elevations, if applicable; and
4) Building fenestration calculations, if applicable.
e. Tree Survey and Mitigation Plan
L Utility and Drainage Plans. Verification of all information contained
in the site plan shall be required to be certified by an engineer and/or
surveyor, as applicable, as a condition for the granting of any specific
use permit. There are two options available for obtaining approval for
the utility and drainage plans:
1) Submit utility and drainage plans with the SUP application, or
2) Submit utility and drainage plans with the building permit
application once the SUP/site plan is approved. Changes in the
site plan due to unforeseen obstacles in the installation of the
utilities and drainage may require approval of a site plan
amendment by the Planning and Zoning Commission. The
Planning and Zoning Commission may recommend approval
of variations from the original site plan that do not increase the
density or result in any increase in external impact on adiacent
properties or neighborhoods. Other changes will be required to
comply with the SUP amendment process per Section G.9,
herein ("Amendments")."
SECTION 3. INCORPORATION INTO THE CODE,PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code of
Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such
Code under Section 1-14 "General penalty for violations of Code; continuing violations", and as
otherwise provided by law. Any person who shall willfully, intentionally, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of
violation shall constitute a separate offense.
Ord 2014-04 4
SECTION 4. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
SECTION 5. SEVERABILITY.
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 6. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 3rd day of February,2014.
PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day
of March,2014.
C
Kevin M. H and
Mayor Ri
ATTEST: "F. '"•q
RI
4S
Melinda Welsh, TRMC c D
City Secretary
Ord 2014-04 5