HomeMy WebLinkAboutOrdinance No. 2015-07 (Title: An ordinance amending Appendix C "Zoning," Section 8, "Supplementary district
regulations," Subsection I, "Landscaping and screening requirements," Paragraph 2,
"Perimeter landscaping and screening," Subparagraph a, "Adjacent property, buffer
maintenance and installation" by amending and updating such subparagraph.)
ORDINANCE NO.2015-07
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
SECTION 8, "SUPPLEMENTARY DISTRICT
REGULATIONS," SUBSECTION I, "LANDSCAPING AND
SCREENING REQUIREMENTS," PARAGRAPH 2,
"PERIMETER LANDSCAPING AND SCREENING,"
SUBPARAGRAPH A, "ADJACENT PROPERTY, BUFFER
MAINTENANCE AND INSTALLATION" TO REVISE AND
UPDATE SUCH BUFFER MAINTENANCE
REQUIREMENTS; 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 wishes to update and revise the requirements for adjacent
property, buffer maintenance and installation, when a commercial use is established on a lot or
premises located adjacent to any residential zoning district, or when any multiple-family
dwelling use is established on a lot or premises adjacent to any property located in a single-
family residential zoning district, or when an industrial use is established on a lot or premises
adjacent to any property located in a commercial zoning district, as reflected herein, to facilitate
the orderly growth of the City of Friendswood; 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.
The facts and matters set forth in the preamble of this Ordinance are hereby found to be
true and collect.
Section 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX C,
"ZONING", SECTION 8, "SUPPLEMENTARY DISTRICT REGULATIONS,"
SUBSECTION 1, "LANDSCAPING AND SCREENING REQUIREMENTS,"
PARAGRAPH 2, "PERIMETER LANDSCAPING AND SCREENING,"
SUBPARAGRAPH A, "ADJACENT PROPERTY, BUFFER MAINTENANCE AND
INSTALLATION" ADOPTING A REVISED AND UPDATED SUBSECTION.
The City of Friendswood Code of Ordinances, Appendix C "Zoning", Section 8,
"Supplementary district regulations," Paragraph I. "Perimeter landscaping and screening,"
Subparagraph a. "Adjacent property, buffer maintenance and installation" is hereby amended by
revising and adding provisions thereto as provided hereafter:
"I. Landscaping and screening requirements.
1. Purpose. The provisions of this subsection I for the installation and maintenance of
landscaping and screening are intended to protect the character and stability of residential,
Ord 2015-07 2
commercial, institutional and industrial areas, to conserve the value of land and buildings of
surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the
community. In furtherance thereof, trees utilized to comply with the requirements of this
subsection I shall be of a type contained in the list of qualified trees approved from time to time
by the city council and contained in the city's design criteria manual ("Qualified Tree List").
2. Perimeter landscaping and screening.
a. [[]Adjacent property, buffer maintenance and installation.[j] When a commercial (CSC,
LNC, NC, OP, DD, PUD, A-1) or industrial (LI, I, BP) use is established on a lot or premises
located adjacent to any residential zoning district, or when any multiple-family dwelling use is
established on a lot or premises adjacent to any property located in a single-family residential
zoning district, or when an industrial use is established on a lot or premises adjacent to any
property located in a commercial zoning district, a ten-foot in width landscaped open space
buffer strip shall be installed and maintained by the owner, developer or operator of the
rnultiple-family dwelling, commercial or industrial property between it and the adjacent
protected property.
In addition, an eight-foot-high opaque fence or wall shall be erected and maintained along the
common property line. Graduated fences may be allowed by the commission, when the safety
and general welfare of the public would be better protected by such design. The fence or wall
shall be constructed of wood, masonry, or decorative concrete, or any combination thereof.
Metal may be used only as a concealed structural element. Alternatively, some types of
vegetation may be allowed for such screening, provided plantings are evergreen and dense
enough to provide an opaque or substantially opaque screen. Any combination of fencing,
earthen berms, and vegetation may be used to comply with the eight-foot screening
requirement.
The provisions of this subsection may not apply where [ nod=s ] the uses are separated
by a driveway, [^"'r «blie—Aieet], easement, drainage ditch, [er] canal, or similar features
determined to provide adequate buffering to those listed herein which are a minimum width
of 30 feet. The commission shall determine the required screening after giving due
consideration to the intensity of the commercial use, the zoning classification, and adjacent
land uses. When a residentially zoned property is rezoned to commercial, an existing fence
Mai, if requested by the staff, the commission, or the applicant, be removed, in whole or in
part, to allow ioint or shared access to parking and driving areas. Documentation may be
required detailing a joint use agreement between or among property owners.
Conversely, when a single-family use is established on property adjacent to any commercial,
industrial, or multiple-family zoning district, an eight-foot high opaque fence or wall shall be
erected and maintained along the property line. The ten-foot buffer strip shall not in this instance
be required.
Ord 2015-07 3
Adiacent Property, buffering streets. All land zoned commercial or industrial as that term is
defined in this section, shall have a minimum ten-foot landscaped open space adjacent to each
public right-of-way located within the required yard. [. provided, however, that in the to
way a-ad within the fe"ifed yard, shall be 15 fi)et. The commission shall determine the re"ifed
sefeening, a4er- giving due eensideration to the intensity of the eammefeial rise, the Z
elassifiee4ion, and adjaeent land uses. When a residentially zoned property adjaeerA to
the staW the eemmissieii, of the applieffl4, be ,
•j
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. An owner may take advantage of the changes to the
buffering requirements without the need to provide a revised site plan, by requesting an
appropriate permit, if the requested change is limited solely to the buffering requirements made
on the basis of this Ordinance.
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,
Ord 2015-07 4
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 2nd day of February,2015.
PASSED, APPROVED, AND ADOPTED on second and final reading this 2nd day of
March,2015.
Kevin M. Ie land
Mayor
ATTEST:
Melinda Welsh, TRMC O
City Secretary ;(Pn'. '.
:
Ord 2015-07 5