HomeMy WebLinkAboutOrdinance No. 2014-18 (Title: An ordinance adopting revisions to Appendix C"Zoning,"Section 6,"Nonconforming uses,structures,
and lots,"Subsection D."Nonconforming Structures".)
ORDINANCE NO. 2014-18
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 6,
"NONCONFORMING USES, STRUCTURES, AND LOTS"
SUBSECTION D, "NONCONFORMING STRUCTURES,";
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 add provisions to provide for, define, revise and regulate "Nonconforming
Structures", as hereafter referenced, with the intent of facilitating orderly growth, development
and regulations for 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 maters 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 6, "NONCONFORMING USES, STRUCTURES, AND LOTS,"
SUBSECTION D., "NONCONFORMING STRUCTURES."
The City Code of Friendswood, Appendix C, "Zoning," Section 6, "Nonconforming
Uses, Structures, and Lots" Subsection D., "Nonconforming Structures," is hereby amended as
follows:
"Section 6. Nonconforming uses,structures, and lots.
A. Types of Nonconformity. There are three types of nonconformity as follows:
1. Nonconforming Use. Any use of land or buildings which does not conform
to the current use regulations prescribed in the City of Friendswood's zoning
ordinance or amendments thereto.
2. Nonconforming Structure. Any structure that does not conform to zoning
ordinance provisions regulating structures, including but not limited to, the
following requirements: lot coverage area, required minimum lot dimensions,
front yard, side yard, rear yard, height, parking, landscaping, buffer yards,
screening, architectural design, exterior construction materials or other structural
regulations of the district in which it is located.
3. Nonconforming Lot. Any lot that fails to meet the requirements for area,
width, or depth that are applicable to the zoning district in which the lot is located.
Ord 2014-18 2
B. Nonconforming Uses.
1. Nonconforming uses are hereby declared to be incompatible with the
permitted uses in the districts involved.
2. It is the intent of this ordinance to permit those nonconforming uses to
continue until they are removed, but not to encourage their survival.
3. A nonconforming use or a lawful use that has become nonconforming by
the future adoption or amendment of a zoning ordinance, or a nonconforming use
that exists by virtue of annexation to the city, shall be permitted to exist, subject
to the following:
a. Enlargement. No such nonconforming use shall be enlarged or
increased, nor extended to occupy a greater area of land than was occupied
on the effective date of adoption or amendment of this ordinance.
b. Abandonment. A nonconforming use shall terminate if the
nonconforming use or premises is abandoned or discontinued for 12
months or more.
The commission may determine that a use or premises which has
remained vacant or unused for 12 months or more has not been
discontinued under the intent of this section if the owner can state unusual
circumstances of any nature that prevented or precluded use of the
property during that period, in which case the property may be reoccupied
and the nonconforming use reinstituted in compliance with the other
provisions of this section.
C. Change. Whenever a nonconforming use has been changed to a
conforming use, such nonconforming use shall be deemed to be
permanently abandoned and shall not be reinstituted on the property.
d. Annexation. After annexing an area, a person may continue to use
land in that area in the manner in which the land was being used on the
date the annexation proceedings were instituted, except where inconsistent
with Texas Local Government Code § 43.002.
4. 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 an active process was lawfully begun prior to the effective date of adoption
or amendment of this ordinance and upon which an active process has been
carried on diligently. The phrase "active process" is hereby defined as follows:
a. For land zoned single-family residential (SFR), single-family
residential estate (SFR-E), or multiple-family garden home district
Ord 2014-18 3
([MFR-]GHD), a development proposal must be in conjunction with a
previously approved preliminary plat; or
b. For land zoned NC [neighborhood commercial], CSC [community
shopping center], DD[Downtown District], INC [local neighborhood
commercial], OPD [office park district], LI [light industrial], I[industrial],
BP [business park] and A-1 [agricultural], when the land is subject to a
valid existing preliminary site plan in accordance with section 9.G.11.; or
C. For land zoned MFR-H [multiple-family residential-high density],
MFR-M [multiple-family residential-medium density], MFR-L [multiple-
family residential-low density] or PUD [planned unit district], when a
proposed specific use permit (SUP) has been heard at a joint public
hearing of the city council and the planning and zoning commission.
C. Nonconforming Lots.
1. Development. Development shall be permitted on any single
nonconforming lot of record. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision shall
apply if the lot is nonconforming only because it fails to meet the requirements for
size (area, width, or depth) that are generally applicable in such district. Yard
dimensions and requirements, other than those applying to area, width, or depth,
any or all, of the lot shall conform to the regulations of applicable zoning district.
Variance of yard requirements shall be obtained only through action of the board
of adjustment. Development may still be restricted by limitations imposed by
other provisions of this ordinance.
2. Subdivision. Nonconforming lots may not be further subdivided.
3. Combination. Nonconforming lots may be combined and treated as a
single lot for development, without platting or replatting, even if the resulting
nonconforming lot is nonconforming.
D. Nonconforming Structures.
1. It is the intent of this ordinance to permit nonconforming structures to
remain but to prohibit any nonconforming structure from being enlarged or
altered in a manner which increases its nonconformity. [Further it is the intent Er
this AM-inn4iep,tA Fillow any straetwe or portion thereof to be altered to dee-fease4ts
nefteenf fmity, pfavided the alteration itself conforms to eiiffeflt
°icgtiWions] Nonconforming structures can be enlarged or altered, provided
the enlargement or alteration itself conforms to current regulations. If the
enlarged or altered portion of the structure conforms to current regulations,
the existing nonconforming portion of the structure may remain in its
existing nonconforming condition.
Ord 2014-18 4
2. Where a nonconforming structure exists, or where a lawful structure
becomes nonconforming by the future adoption or amendment of an ordinance,
such structure may continue to exist as long as it remains otherwise lawful,
subject to the following provisions:
a. Enlargement. No such nonconforming structure shall be enlarged
or altered in a manner that increases its nonconformity. [A" stfuetu e o
portion thereof may be ..it.fed to decrease its n efif.....:t.. provided ti.
alteration eeafi*tms to e ent regulations.] Nonconforming structures
can be enlarged or altered, provided the enlargement or alteration
itself conforms to current regulations. If the enlarged or altered
portion of the structure conforms to current regulations, the existing
nonconforming portion of the structure may remain in its existing
nonconforming condition.
b. Abandonment. When a nonconforming structure becomes vacant
or is abandoned for 12 months or more, the structure shall be brought up
to the current structural regulations of the district in which it is located. An
abandoned or vacant structure shall not thereafter be occupied until the
structure conforms to the current structural regulations of the district in
which it is located.
Abandonment of a nonconforming structure shall be determined by
relevant evidence of nonuse of the structure, including but not limited to:
termination or nonuse of utilities, termination of leasehold, and evidence
of lack of occupancy of the structure.
The commission may determine that a structure which has been
abandoned under the intent of this section may continue to exist if the
owner can show unusual circumstances which prevented or precluded use
of the structure during that period, in which case the structure may be
reoccupied.
C. Destruction or Damage.
(1) If a nonconforming structure or portion of a nonconforming
structure is destroyed or damaged by less than 50 percent of the
current replacement cost of the structure by accidental means,
including but not limited to, accidental fire, windstorm, flood, civil
disorder, or act of war the structure may be restored to its
preexisting nonconforming state. Such restored structure shall meet
all other applicable city codes, and nothing herein shall be
construed as constituting a waiver of requirements other than those
Ord 2014-18 5
governed by the zoning ordinance. If plans to restore or repair the
structure are not submitted for issuance of a building permit within
12 months from the date of the destruction or damage, the structure
must be replaced or restored in full conformity with current
structural regulations for the district in which it is located. The
commission may grant, upon written application by the property
owner showing cause, a one time extension to seek a building
permit for a period not to exceed six months.
(2) If a nonconforming structure or portion of a nonconforming
structure is destroyed or damaged by 50 percent or more of the
current replacement cost of the structure by accidental means, the
structure must be restored in fiill conformity with current structural
regulations for the district in which it is located.
(3) Multi-family. Notwithstanding the foregoing, existing
nonconforming multifamily dwelling developments may be rebuilt
in districts MFR-II, MFR-M and MFR-L, in the event of any such
damage or destruction, at the same unit per acre density that
existed prior to such damage or destruction, and with no increase
in the nonconformity and meeting all current codes.
d. Relocation of Structure. Should any such nonconforming structure
be moved for any reason for any distance whatever, it shall thereafter
conform to the structural regulations for the district in which it is located
after it is moved.
e. Repairs and maintenance. On any nonconforming structure or
portion of a nonconforming structure, work may be done in any period of
36 consecutive months on ordinary repairs, or on repair or replacement of
nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding
50 percent of the current replacement cost of the nonconforming structure
or portion of the structure, as the case may be, provided that the cubic
content existing when it became nonconforming shall not be increased.
A property owner may apply to the commission for an increase in the time
period or the percentage limits contained herein to enable repairs
necessary for the protection of the public health, safety, and welfare."
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,
Ord 2014-18 6
upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of
violation shall constitute a separate offense.
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 14th day of Julv,2014.
PASSED, APPROVED, and ADOPTED on second and final reading this 4th day
of August,2014.
Kevin M.` `olland
Mayor
ATTEST:
•®4 S 0
° •
Melinda Welsh,TRMC
e
City Secretary •, r*C
Ord 2014-18 7