HomeMy WebLinkAboutOrdinance No. 84-15 . � � ' � �� .
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ORDINaNCE NO. 84-15
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE
CITY OF FRIENDSWO011, TEXAS; REGULP�TING AND RESTRICTING
THE USE, SIZE, HCIGHT, AND DENSITY OF BUILDINGS AND OTHER
STRUCTURES, THC PERCENTAGE OF LOTS THA'f MAY BE �
OCCUPIED, THE SIZE OF THE YARDS, COURTS, AND OTHER OPEN
SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND
USE , OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE,
INDUSTRY, RESIDENCES, AND OTHER PURPOSES; DIVIDING THE
CITY INTO DISTRICTS AND USE AREAS; ADOPTING A ZONING MAP
SHOWING THE LOCaTION AND BOUNGARIES OF THE VARIOUS
DISTRICTS AND USE AREAS: PROVIDING FOR EXCEPTIONS;
PROVIDING REGULATIONS FOR NON-CONFORMING USES;
PROVIDING FOR THE ADMINISTI2ATION ENFORCEMENT,
INTERPRETATION AND AMENDMENT OF THIS ORDINANCE;
PROVIDING FOR A BOARD OF ADJUSTMENTS AND PR�SCRIBING
ITS POWER AND DUTIES; PROVInING DEFINITIONS; PROVIDING A
PENALTY; PROVIDING A SEVERABILITY CLAUSL; AND REPEaLING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
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TABLE OF CONTENTS
SECTION DESCRIPTION PAGE
1. Short Title 1
2. Establishment of Districts , 2
3. Provision for Official 2oning Map 3
4. Rules for Interpretation of District Boundaries 4-
5. Application of District Regulations 5
6. Non-Conforming Uses of Lots, Uses of Land,
� Uses of Structures, and Premises, and Characteristics of Use 6
7. Schedule of District Regulations 9
8. Supplementary District Regulations 30
9. Administration and Enforcement - Building Permits
and Certificates of Zoning Compliance 43
10. Board of Adjustment - Establishment and Procedure 4$
11 . The Board of Adjustment - Powers and Duties 50
12. Appeals from the Board of Adjustment 51
13. Duties of Administrative Official, Board of Adjustment,
City Council, and Courts on Matters of Appeal 52
14. Schedule of Fees, Charges, and Expenses 53
15. Amendments 54
_ 16. Provisions of Ordinance Declared to be Minimum Requirements 55
17. Complaints Regarding Violations 56
18. Penalties for Violations S7
19. Severability � 58
20. Definitions 59
21. Repeal of Conflicting Ordinances; Effective Date 64
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INDEX
DESCRIPTION PAGE
-A-
Accessory Buildings , 30
Administration and Enforcement 43
Agricuitural District 14
Area and Height Exceptions 15
Area and Height Regulations 15
Auto Repair Garage 41
-B-
Board of Adjustment 47
Bonus for Landscaping • 34
Building Permits � 43
-C- ,
Certificate of Zoning Compliance 44
Community Shopping Center � 11
-D- �
Definitions 59
Density (Units per Acre) 2
-E- �
Existing Plant Materiai 37
Expiration of Buiiding Permit . 44
Lxterior Noise ' 3$
-F-
Fences 30
-G-
Glare 40
_ -H-
Hedges 30
-I-
Industrial District 15
tnterpretation of District Boundaries 4
-J- �
�unkyards �.2
-L-
Landscaping and Screening 36
Light Industrial District 14
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INDEX
(cont�nued)
-M-
Metal Siding 39
Mobile Home District 11
Multiple Family Residential Dwelling . . 10
-N-
Neighborhood Commercial District I2
Non-Conforming 6
-O-
Offices 42
Office Park 12
Off-Street Parking Regulations 30
Original Business District 13
-P-
Parking Group Table 32
Parking Landscaping 36
Particulate Air Contamination 40
Penalties for Violations 57
Permitted Use Table 20
Planned Unit Develapment 13
Private Recreational Facility 41
-R- I
Regional Shopping Center 13
Regulation Matrix - Residential Districts 16
Repairs and Maintenance ' 8
-S-
Sign Regulations 31
Single Family Residential 9
Specific Use Permit 45
Swimming Pool t��
-T-
Temporary Batching Facility � 41
-V-
Variance � 50
Vibration y.p
-�V-
l�Ualls 30
-Z-
Zoning Map 3
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WHEREAS, Chapter 283, page 424, Acts of the 40th Legislature, Regular Session,
1927, as amended, compiled as Articles 101 la through 1011 j, Vernon's Texas Civil
Statutes, empowers the City to enact a 7.oning Ordinance and to provide for its
administration, enforcement, and amendment; and
WHEREAS, pursuant to such authority, the City has heretofore enacted a Planning
and Zoning Ordinance; and
WHEREAS, the City Council now deems it necessary, for the purpose of promoting
the health, safety, morals, and general welfare of the City and its inhabitants, to
repeal the existing Zoning Ordinance and to enact a new one; and
WHEREAS, the Planning and Zoning Commission has recommended the enactment
of a new Zoning Orciinance and the repeal of the present Zoning Ordinance; and
' WHEREAS, as a basis for and in furtherance of such recommendation, the Planning
and Zoning Commission has divided the City into zoning districts and has prepared
regulations ;�ertaining to such zoning districts in accordance with a comprehensive
plan and design to lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health and general welfare; to provide
adequate light and air; to prevent the overcrowding of land, to avoid undue
concentration of population; to facilitate the adequate provision of transportaton,
water, sewage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission has given reasonable
consideration, among other things, to the character of the districts and their
neculiar suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the
municipality; and
i�UHEREAS, the Planning and Zoning Commission has made a preliminary report,
has given due notice of hearings relating to zoning districts, regulations, and
restrictions, has held such p�blic hearings, and has submitted its final report to the
City Council, and
WHEREAS, the City Council has given due notice of hearings relating to such
zoning districts, regulations, an� restrictions, and has held such pubiic hearings;
and
\�VHEREAS, all requirements of Chapter 283, page 424, Acts of the 40th
Legislature, Regular Session, 1927, as amended, and of the ordinance of the City
relating to the preparation of the report and recommendation of the Planning and
Zoning Commission and subsequent action of the City Council have been met; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or FRIENDSWOOD,
STf1TE OF TEXAS:
SECTION 1. SHORT TITLE
This ordinance shall be known and may be cited as "The City of Priendswood Zoning
Ordinance."
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SECTION 2. ESTABLISHMENT OF DISTRICTS
-The City of Friendswood is hereby divided into the following districts:
District Description Density
O!d � New (Units Per Acre)
A. R-1 SFR Single Family Residential Dwelling District 2.7
E3. R-2 & R-3 MFR-L Multiple Family Residential Dwelling
District - Law 6.0
C. R-4 MFR-M Multiple Family Residential Dwelling
District - Medium 4.0
D. R-5 MFR-H Multiple Family Residential Dweiling
District - Highest 18.0
E. R-6 MHR M obile H orne Residential Dwelting District 10.0
F. C-1 CSC Community Shopping Center District -
G. G2 NC Neighborhood Commercial District
H. C-3 OPD Office Park District
I. C-1 OBD ariginal Business District
J. PUD Planned Unit District
K. RSC Regional Shopping Center
L. Po-1 A-1 Agricuitural District
M. M-1 LI Light Industrial District
N. I Industrial District
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SECTION 3. P1tOVISION FOIt OFFI�CIAL ZONING MAp
A. Official 7_onin� Map. The boundaries of the zoning districts of the City are
shown on the Official Zoning Map, which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be a part of
this ordinance.
This Official Zoning Map shall be identified by the signature of the Mayor,
attested by the City Secretary and bearing the seal of the City under the
following words: "This is to certify that this is the Official Zoning Map
referred to in Section 3 of Ordinance No. 84-15, the City of Friendswood
Zpning Ordinance," together with the date of the adoption of t)zis ordinance.
If, in accordance with the provisions of this ordinance and Chapter 283, Acts
of the 40th Legislature, Regular Session, 1927, as amended, changes are made
in zoning district bo�,ndaries or other matters portrayed on the Official
Zoning Map, such changes shall be entered on the Officiai Zaning Map
promptly after the amerGdment has been approved by the City Council, with
an entry on the Official Zoning Map as follows: "On (date), by official action
of the City Council, the following changes were made in the Official Zoning
Map: (brief description of nature of changes)" which entry shall be signed by
the Mayor and attested by the City Secretary. No amendment to tl�is
c�rdinance which invoives matters portrayed on the Official Zoning Map shall
become effective until after such change and entry have been made on said
map.
N o changes of any nature shall be made in the Official Zo ning Map or matter
shown thereon except in conformity with the procedures set forth in this
ordinance. Any unauthorized change of whatever kind by any person or
persons shall be considered a violation of this ordinance. Regardless of the
existence of purported copies of the Officiaf Zoning Map which may be made
or published from time to time, the Official Zoning Map shall be lacated in
the office of the City Secretary and it shall be the final authority as to the
current zoning status of land areas, buildings, and other structures in- the
City.
B. Replacerr�ent of Official 2oninR Map. In the event the Ufficial Zoning Map
becomes damaged, destroyed, last, or difficult to interpret because of the
nature or number of changes or additions, the City Council may by ordinance
adopt a new Official Zoning Map which shall supersede the prior Official
Zoning Map. The new Officiai Zoning Map shall be identified by the si�nature
of the Mayor attested by the City Secretary, and bearing the seal of the City
under the following words: "Tl�is is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning �l�lap adopted (date of adoption of
map beirrg replaced) as part of Ordinance N a 84-15, the City of Friendswoad
Zoning Ordinance."
Unless the prior Official Zoning Map has been last, or has been totally
destroyed, the prior map or any significant parts thereof remaining shall be
preserved, together with all available records pertaining to its adoption or
amendment.
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SECTION 4. RULES FOR INTERPR�TA"I'ION OF DISTRICT BOUNDAI2IES
Where uncertainty exists as to the boundaries of districts as shown on the Official
Zoning Map, the following rules shall apply:
A. Boundaries indicated as approximately following the center line of streets,
highways, or alleys shall be construed to follow such center lines.
B. Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines.
C. Boundaries indicated as approximately following city limits shall be construed
as following such city limits.
D. Boundaries indicated as parallel to or extensions of features indicated in
subsections A through B of this section shall be thus construed. Distances not
specifically shown on the Official Zoning Map shall be determined by the
scale of the map.
E. Where physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning Map, or in other circumstances not
covered by subsections A through D � this section, the Board of Adjustment
shall interpret the district boundaries.
F. Whenever any street or alley is vacated by official action of the City
Council, the district adjoining each side of said street or alley shall be
automatically extended to the centerline of property thus vacated and all
area included in the vacation shall then and henceforth be subject to all
regulations of the extended aoning district or districts.
G. Boundaries indicated as approximately following the center lines of streamsy
rivers, canals, lakes, or other bodies of water shall be construed to follow
such center lines.
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SECTION 5. APPLICATION OF DISTRICT REGUILATIONS
The regulations set by tliis ordinance within each district shall be m,inimum
regulations ar,d shalt apply uniformly to each class or k�s�d of structure on lar�d, and
particularly, except as herein provided:
A. N o builuing, structure, or land shall herea2ter be used or occupied, and no
building or structure or part thereof shall hereafte.r be erected, constructed,
reconstructed, moved or structuraily altered except in conformity with all of
the regulations herein specified for the district in which it is located.
B. No building or oth�r structure shall hereafter be erected or altered to
acconmodatc-� or house � greater number of fammi..lies, to occupy a greater
pereentage of lot are�, or to ha�e narroc�r or smaller frcmt yarc�s, sid�
yards, rear yards, or other open spaces, in any manner cantra.ry to the
provisions of this ordinance.
C. N o part of a lot ar�ea, yard or other open space, or off-street parking or
loading space required about or in connection with any building or structure
#or the purpose of compiying with this ord'znance, shall be included as part of
a lot areay yard, open space, or off-street parking or loading space similarly
required for any other building or structure.
Q. N o lot or yard existing at the time of passage of this ordinance shall be
reduced in dirnension ar area below the minimum requirements set forth
herein. Lc�ts �r� yards created after the effective date of this ocdinance s'hall
meet at least the minimum requirements established herein.
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SECTION 6. NON-CONFORMING USES OP LOTS, USES O� LAND,USES OF
STRUCTUR�S, AND PItEMISES, AND CHAEZACTERISTICS OF USE
A. Intent. Within the districts established by �this ordinance or arnendments that
may I-ater be adopted there may exist:
1. lots
2. structures
3. uses of land and structures, and
4. characteristics of use
uses of which were lawful before this ordinance was passed or amended, but
uses of which would be prohibited, regulated, or restricted under the terms of
this ordinance or future amendmerrts. It is the intent of this ordinance to
permit those non-conforming uses to continue until they are removed, but
not to encourage their survival. It is further the intent of this ordinance that
non-conforming uses shall not be enlarged u�on, expanded or extended, nor
be used as grounds for adding ather structures or uses prohibited elsewhere in
the same ciistrict.
N m-conforming �ses sf�all be defined herein as the use of lots, land,
structures and premises, as well as characteristics of use, which uses do not
conform to the terms of this ordinance or fut�re amendments either as to
permitted uses as shown here in Section 7-P or as to lot dimensions, setbacks
or other supplementary regutatior�s as shown lzerein Section 8.
Idon-conforming uses are declared by this ordinance to be incompatible with
permitted uses in the districts involved. A nan-confarming use of a
structure, or of land, or of structure and land in combination shall not be
extended or enlarged after passage of this ordinance.
To avoid undue hardship, nothing in this ordir�ance shall be deemed to require
a change in the plans, construction, or designated use of any building on
which actua! 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.
B. Non-Conforming Lc�ts of Record. In any district in whACh single family
dwellings are permitted, a single family dwelling and customary accessory
buildings may be erected on any single lot of record on the effective date of
adoption or amendment of this ordinance, notwithstanding limitations
imposed by otner provisions of t11is ordinance. Such lot must be in separate
ownersf�ip and not of continuous frontage with other lots in the same
ownership. T�►is provision shall apply even though such lot fails to meet the
requirements for area, width, or depth, any or all, that are generally
applicable in such district, provided that yard dimensions and requirements,
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other than those applying to area, width, or depth, any or ail, of the lot shal!
conform to tf�e regulations of District SFR. Variance of yard requirements
shall be obtained only through action of the Board of Adjustment.
If two or more lots or combination of lots and portions of lots with continuous
frontage in single ownership are of record at the time of passage or
amendrnent of this ordinance, and if all or part of the lots do not meet the
requirements established for lot area and width, the land involved shall be
considered to be an undivided parcel for the purpose of this ordinance, and no
portion of said parcel shall be used or sold in a manner which diminishes
compliance with lot area and width requirements established by this
ordinance, nor shall any division of any parcel be made which creates a lot
with area or width below the requirements established herein,
C. Nm-Canformin� Uses of Land or of Land with Yiinor Structures Oniy. Where
at the time of passage of this ordinance lawful use of land exists which would
not be permitted by the regulations imposed by this ordinance, and where
such use involves no individual structure with a replacement cost exceeding
$1,000, the use may be continued as long as it remains otherwise lawful,
provided:
1. V o such non-conforming 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:
2. N o such non-conforming use shall be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such use on the
effective date of adoption or amendment of this�ordinance:
3. If any such nan-canforming use of land ceases, then aaZy subsequent use
of such land shall conform to the regulations specified by this
ordinance for the district in which the land is located.
4. N o additionai structure not conforming to the requirements of this
ordinance shall be erected in connection with such non-conforming use
of land.
D. Non-Cmformin� Use of Structures. Where a lawful structure exists at the
effective date of adoption or amendment of this ordinance that could not be -
built under the terms hereof by reason of restrictions, area, !ot coverage,
height, yards, its location on the lot, or other requirements concerning the
structure, such structure may be continued as long as it remains otherwise
lawful, subject to the following provisions:
1. IV o s�sch non-conforming structu�e may be enlarged or altered in a
manner which increases its non-conforrnity, but any structure or portion
thereof may be altered to decrease its non-conf ormity.
2. Should such non-conforming structure or non-conforming 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 conforrnity with the provisions of this
ordir�ance.
3. Should any such structure be moved for any reason fa- any distance
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�vhatever, it shall thereafter conform to the regulations .for tl�e district
in which it is located after it is moved.
E. Non-C�formin Uses of Structures or of Structures and � Premises in
om ination. aw u use invo ving in ivi ua structures wit a rep acement
cost of 1,000 or more, or of structure and premises in combination, exists at
the effective date of adoption or amendment of this ordinance, ti�at would
not be allowed in the district under the terms of this ordinance, the lawful
use may be continued as long as it remains otherwise lawful, subject to the
foliowing provisions:
1. N o existing structure devoted to a use not permitted by this ordinance
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, rr�oved, or structuraily altered except in
changing the use of the structure to a use �ermitted in the district in
which it is located.
2. Any non-conforming use may be extended throughout any parts of a
building which were manifestiy arranged or designed for such use at the
time of adoption or amendment of tl�is ordinance, but no such use shall
be extended to occupy any land outside such buiiding.
3. Any structure, or structure and land in combination, in or on which a
non-conforming use is superseded by a permitted use, shall thereafter
conform to the regulations of the district, and the non-conforming use
may not thereafter be resumed.
4. When a non-canforming use of a structure, or structure and land in
combination, is discontinued or abandoned for six cc�nsecutive manths c�r
for a tutal of twelve months during any three-year periai, the
structure, or the structure and land in combination, shall not thereafter
�ae usEd except in conformity with the regulation� of the district in
w'r�ich it is located.
5. �Vhere non--con#orrning use status applies to a structure and land in
combination, removal or destruction of the structure shall elimina�te the
non-conforming status of the land. Destruction for the purpose of'this
subsectian is defined as damage to an extent o� more than 50 percent of
the replacement cost at the time of destruction.
F. Repairs and Maintenance. On any non-conforming structure or portion of a
structure containing a non-conforming use, work may be done in any period of
twelve consecutive months on ardinary repairs, or on repair or replacement
of non-bearing walls, fixures, wiring, or plumbing, to an extent not exceeding
10 percent of the current replacement cost of the non-conforming structure
or portion of ti�e structure, as the case may be, provided that the cubic
content existing when it became non-conforrning shall not be increased.
G. Specific Use Provisions Not Non-Conforming Uses. Any use which is
permitted as a specific use in a district under the terms of this ordinance
shall not be deemed a no�-conforming use in the district, but shall without
further action be considered a conformir�g use.
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SECTION 7. SCHEDUtE O� DISTRICT REGUtA'TIONS
A. (R-1) SFR - Residential, General purpose anci Description. The SFR, Single
Family Residentia! Dwelling District, is the most restrictive residentia!
district. The principal use of land in this district is for low density single-
family dwellings, up to 2.7 units per acre, and related recreational, religious
and e�iucational facilities normally required to provide the basic elements of
a balanced, orderly, canvenient, and attractive residential area. Low density
residential areas shaPl be protected from higher density residential
development and from the encroachment of incompatible uses. Internal
stability, haarmony, attractiveness, order and efficiency are er�couraged by
providing for adequate light, air and oper� space for dweilings and related
facilities.
1. Area and Hei�ht Re�ulations: Area and height regulations in an SFR,
Single Farnily Residential Dwelling District, are set forth in S�ction
7-0.2, Regulation Uatrix.
2. See Section 8 for Supplementary District Regu�lations.
3. See Section 9 f or Temporary Certif icate of Zo ning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that rnay be recommended by the Planning and Zoning �ommission
within the SFR District under certain circumstances and conditions.
4. Perrnitted Uses: Uses permitted in an Si"R, Single Family Residential
Dwelling District, are set forth in Section 7-P, Permitted Use Table.
B. (R-2 L�c R-3) MFR-L - Residential, General Purpose and Descriptian. The
;VIFR-L, 'vlultiple Family Residential Dwelling - Low Density District, is
intended to provide for lowest density multiple-family dwellings which may
have a relatively intense concentraton of dwelling units served by large open
spac�s consisting of common areas and recreation facilities, thereby resulting
in a maximum density af six (6) dwelding units per acre. The principal use of
land may be one or several dwelling types, including multiple-family
dwellings, and including two-family dwellings, garden apartments,
condominiums and Yownhouses. Recreational, religious and educatia�►al uses
normalty located to service adjacent residential areas are also permitted to
meet the basic needs of a balanced, orderly, convenient, economical and
attractive residential area. The �'V(ultiple Family Residential Dwelling
District - Law functions as a buffer or trar�sitior� between commercial or
higher density residential areas and lower density areas. The intent of these
regulations is to allow development of property which may have a limited
area suitable for residentiai developrnent due to a portion of the property
being flood prone or adjacent to a district of a different zoning designation.
!. Area and Height Re�ulations: Area and height regulations in an
�'1�FR-L, Multiple Family Residential Dwelling - Low Density District,
are set forth in Section 7-0.2, Regulation Matrix.
2. See Section 8 for Supplementary District Regulations.
3. Se� Section 9 for Temporary Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the �'VIFR-L District under certain circumstances and conditions.
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4. Permitted Uses: Uses permitted in an MFR-L, Multiple Family
Residential Dwetling - Low Density District, are set forth in Section
7-p, Permitted Use Table.
C. (R-4) MFR-M - Residential General Pur ose and Descri tion. The MFR-M,
Multiple amily Residential Dwelling - Medium Density District, is intended
to provide for medium density multiple-family dwellings which may have a
relatively intense concentration of dwelling units, up to 9 per aere, served by
large open spaces consisting of common areas and recreation facilities,
thereby resulting in medium gross densities. The principal use of land may be
one or several dwelling types, including low-rise multiple-family dwellings,
garden apartments, condominiums and townhouses. Recreational, religious
and educational uses normally located to service adjacent residential areas
are also permitted to meet the basic needs of a balanced, orderly,
convenient, economical and attractive residential area. The MFR-�I,
'�fultiple Family. �esidential District, functions as a buffer or transition
between commercial or higher density residential areas, and lower density
residential areas.
1. Multi-Family Residential Area and Height Re�ulations: Area and
height regulations in an MFR-M Dwelling - !Vledium Density District,
are set forth in Section 7-0.2, Regulation Matrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certif icate of Zo ning Compliance that
may be granted by the Administrative Officiai and Spe�ific Use Permits
that may be recommended by the Planning and Zoning Commission
within the MFR-M District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted in an MFR-M, Multip�e Family
Residential Dwelling - �V[edium Density District, are set forth in Section
7-P, Permitted Use Table.
D. (R-5) MFR-H - Residential, General Purpose and Description. The MFR-H,
iVtultiple Family Residential Dwelling - Highest Density District, is a
residential district intended to provide for the highest residential density
ranging up to eighteen (18) dwelling units per acre. The principal use of land
in the district is for a wide variety of dwelling types including low-rise
multiple-family dwellings, garden apartments, condominiums, and townhouses
and, subject to a specific use permit, high-rise apartments. Recreational,
religious, health and educational uses normally located to service residential
areas are permitted in this district in order to provide the basic elements of a
balanced, orderly, convenient, and attractive residential area. The MFR-H,
1Aultiple Family Residential Dwelling - Highest Density District, is usually
located adjacent to the major street and serves as a buffer or transition
between commercial development or heavy automobile traffic and medium
density residential development.
l. Area and Height Regulations: Area and height regulations in an MFR-H
Dwelling - Highest Density District, are set forth in Section 7-0.2,
Regulation Matrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
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that may be recommended by the Planning and Zoning Commission
within the �r1FR-H District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted ir� an MFR-H, Multiple Family
Residential Dwelling - Highest Density District, are set forth in Section
7-P, Perrnitted Use Table. �
E. (R-6) MHR - �'1�iobile Home District, General Purpose and Description. The
MHR, Mobile Home District, is a residential district intended for mobile
home development, up to 10 units per acre. Recreational uses normally
located in mobile home developments are permitted in this district.
1. Area and Height ReQulations: Area and height regulations in an MHR,
,Liobile Home Residential Dwelling District, are set forth in Section
7-0.2, Regulation yiatrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that rnay be recommended hy the Planning and Zoning Commission
within the MHR District under certain circumstances and conditions.
4. Permitted Uses: Uses perrnitted in a MFiR, Mobile Home District, are
set forth in Section 7-P, Permitted Use Table.
5. Other Re uiq_red_Conditions: The provisions of Ordinance N a 129
�'1�iobile Home Ordinance of the City of Friendswood, Texas, shall apply
to �tHR District.
.__.__
F. (C-1) CSC - Conm�.mity Shopping Center District, General Purpose and
Description. The CSC, Co�rnmity Shopping Center District, is intended
for a imif ied grouping, in one or n�re buildings, of several, typically
between five (5) and twenty (20) , retail and service shops or stores that
provide for the regular needs and are for the convenience of the people
residing in adjacent residential nei�borhoods. Gross floor area in a
Conarnmity Shopping Center typically ranges from 30,000 to 100,000 square
feet, and land area consists of t�ao (2) to ten (10) acres in size. It is
intended that the coamunity shopping center be developed as a Lmit, with
adequate off-street parking for customers and e�loyees, �d with appropriate
landscaping and screening to ins�°e com�atibility with surrotmding residential
environment. This district is ideally located at the intersection of two
(2) or trore arterial or major streets with a service area of up to one and
one-half (1-1/2) miles . Development of a Cam�rnmity Shopping Center requires
approval of a development site plan by the Cit_y Cotmcil, after recoTmiendation
frorn the Plarn�ing and Zoning Conmission.
!. Area and Hei�ht Re�ulations: Area and height regulations in an CSC,
Community Shopping Center District, are set forth in Section 7-0.2,
Regulation Vlatrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the CSC District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted in an CSC, Community Shopping
Center District, are set forth in Section 7-P, Permitted Use Table.
. �`.
1.. '�
p...
e ' ,
1 1 �'�
Office Uses permitted in this district shall not exceed thirty (30)
percent of the gross flo�r area of the shopping center. A Specific Use
Permit for a shopping center as a particular use is required before any
building �ermit or certificate of occupancy m�y be issued in this
district.
G. (C-2) NC - Neighborhood Commercial District, General Purpose and
Description. The NC, Neighborhood Commercial District, is primarily
intended for retail sale of convenience ga�ods or personal services primarily
for persons residing in adjacent residential areas. It also incl�sdes selected
retail and service uses that are similar in land use intensity and physical
impact to the neighborhood retail sales and service uses permitted in this
district. Because the retail and personal service uses permitted may be an
integral part of the neighborhood, closely associated with the residential,
religious, recreational and educational uses in the neighborhood, mae
restrictive requirements for light, air, open space, landscaping, and off-street
parking are made than are pravided in other commercial districts. The NC,
Neighborhood Commercial District, is located on the periphery of the
residential neighborhood on a majur street. Development of a Neighborhood
Commercial District requires approval of a development site plan by the City
Councilafter recommendation from the Planning and Zoning Comni.ssion.
1. Area and HeiKht Re�ulations: Area and height regulations in an NC,
�leighborhood Commercial District, are set forth in Section 7-0.2,
Regulation M�trix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 f or Temporary Certificate of ZA ning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the NC District under certain c►rcumstances and conditions.
4. Permitted Uses: Uses permitted in an NC, Neighborhood Commercial
District, are set forth in Section 7-P, Permitted Use Table. 1'he
commercial, retail and service uses permitted in this district shall not
exceed four ihousand (4,000) square feet in gross floor area for any lot
or premises.
H. (C-3) OP - Office Park, General Purpose and Description. This district is
intended to encourage and perrpit general professional and business offices of
high site quality and appearance in attractive landscaped su�roundings with
the types of uses, and design exterior appearance so cnntrolled as to maintain
the integrity, and be generally compatible with existing and tuture adjacent
and surrounding single-family or multiple-family development. This district
should generally be located in areas abutting arterial and/or collector streets
which are, because of location and trends, suitable for development of office
uses that are compatible with residential uses therehy maintaining the
character and integrity of existing and developing neighborhoods. This
district is also ideally located in transitional areas between commercial and
residential developrnent which is adaptable to occupancy by certain office
uses. The ultimate development must provide a low intensity of land usage _
and site coverage to enable the site to retain its park-like image for the
residential neighborhoods nearby and for the tenants that seek pleasantly
landscaped surroundings. Development of an Office Bark District requires
i2
. r .�.,. �
approval of a development site plan by the City Counc�l after reco�mendation
from the Planning and Zoning Commission.
1. Area and Hei=ht Re ulations: Area and height regulations in an OP,
ice ar , are set forth in ection 7-0.2, Regulation Ytatrix.
2. See Section S for Supplementary District Regulations.
3. See Section 9 for Tempora�-y Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the OP District under certain circ.�mstances and conditions.
4. Permitted Uses: Uses permitted in an OP, Office Park District, are set
forth in Section 7-P, Permitted Use Table.
5. Parking shall be 1/200 sq. ft. of building area.
6. Retail operations that are primarily for s�lling to office park occupants
are permitted. Exa�r�ples of these retail operations would be
restaurants, coffee shops, office supply, barber shops, gift shops, health
spas, speciality stores.
I. (C-1) OBD - Ori�inal 6usiness District, General Purpose and Description. The
Original Business District is intended to accommodate Friendswood's Original
Business area. This district is shown on the zoning map. The district is for
commercial offiee, service industry, and public activities. A development
site plan shall be approved by the City Cotmcil after recc�endation from
the Planning and Zoning Commission.
l. Area and Height Re�ulations: Area and height regulations in an OB,
Original 8usiness District, are set forth in Section 7-0.2, Regulation
1�latrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 f or Temporary Certif icate of ZA ning Compliance that
may be granted by the Administrative Officia! and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the OB District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted in an OB, Original Business District,
are set forth in Section 7-P, Permitted Use Table.
J. PUD - Planned Unit Development, General Purpose and Description, The
purpose of the PUD, Planned Unit Developrnent District, is to encourage the
unified design of residential, commerciat, office, professional services, retail
and institutional uses and facilities or combinations thereof in ac�ordance
with an approved camprehensive development plan. This district provides for
greater flexibility in the design of buildings, yards, courts, and circulation
than provided by other di§tricts. Single family tract ho�sing in the PUD,
Planned Unit Development is prohibited.
1. Permitted Uses: Uses permitted in a PUD, Planned Unit Development
District, are set forth in Section 7-P, Permitted Use Table. A Specific
Use Permit is required before a building permit may be issued in this
district.
K. RSC - Re�ional Shopping Center, General Purpose and Description. This
commercial district is intended for a unified grouping in one oc more
13
buildings, �s�ally with a minirnum of twenty (20) retail or service shops or
stores, that provide goods and services for people residing within a minimum
of between ane and one-half (lh) and three (3) miles of the shopping center.
A regional shopping center contains ten (10) to thirty (30) acres of land and
has between 100,000 and 1,00U,000 square feet of gross floor area. It is
intended that a regional shopping center be developed as a unit with adequate
off-street parking and with appropriate tandscaping. The RSC, Regional
Shopping Center District, is located adjacent to several residential neighbor-
hoods, ideally at the intersection of two (2) or more major streets.
Devetopment of a regional shoppir�g center requires approval of a
development site plan by the City Council, after recommendation from the
Planning and Zoning Commission.
1. Area and Height Regulations: Area and height regulations in an RSC,
Regional Shopping Center District, are set forth in Section 7-0.2,
Regulation Matrix.
2. Permitted Uses: Uses permitted in an RiC, Regional Shopping Center
District, are set forth in Section 7-P, Permitted Us� Table. Office uses
permitted in this district shall not exceed fifty (50) percent of the gross
floor area of the shopping center. A Specific Use Permit for a shopping
center is required before any building permit or certificate af
occupancy may be issued in this district.
L. A-1 - A ricultural District General Pur ose and Descri tion. The A-1,
A�ricultural District, is intended for the growing and or marketing of
agriculturai products.
1. Area and Height Regulations: Area and height regulations in an A-1,
Agricultural District, are set forth in Section 7-0.2, Regulation Ylatrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the A-1 District under certain circumstances and conditions.
4. Permitted Uses: Uses permltted in an A-1, Agricultural District, are
set forth in Section 7-P, Permitted Use Table. Residential development
is prohibited in the A-1 District; however, dwelling quarters fa on-site
employees and their families are perrnitted provided such residential
use conforms to the SFR District regulations including lot area, width
and set-back requirements and parking ratio.
M. (M-1) LI - Li�ht Industrial Disirict, General Purpose and Description. The LI,
Light Industrial District, is intended primarily for the condu�t of light
manufacturing, assembling, and fabrication, and for warehousing,
wholes,aling, and service operations. This district is designed to upgrade
industrial development standards, prevent industrial blight, and protect light
industrial development from incompatible residential, commercial or heavy
industrial uses.
1. Acea and HeiQht Regulations: Area and height regulations in an LI,
Light Industriai District, are set forth in Section 7-0.2, Regulation
ytatrix.
14
. � ...._ ..... .r . .
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of �oning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the LI District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted in an LI, Light Industrial District, are
set forth in Section 7-P, Pecrnitted Use Table.
N. I - Industrial District, General Purpose and Description. The I, Industrial
District, is intended to provide for industriai uses and other uses not
otherwise provided for in the other districts. The intensity of uses permitted
in this district makes it necessary to separate it from all residential districts
and most commercial districts wherever possible.
1. Area and Height Re�uPations: Area and height regulations in an I,
Industrial District, are set forth in Section 7-0.2, Regulation Matrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of Zoning Campiiance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the I District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted in ar� I, Industrial District, are set
forth in Section 7-P, Permitted Use Table.
O. District Area and Height Regulations.
1. No lot, parcel, premises or tract of land shail be created and no building
permit shall be issued for any request that does not meet the
appropriate minimum lot area, width, depth, yard and height regulations
as set forth in the tables labeled Section 7-0.2, Regulation Matrix.
2. (See Regulation Matrix.)
3. Area and Height Exceptions.
a. One-story, unattached accessory buildings or structures l�ss than
twenty (20) feet in height may be located in residential distric�s
in the rear yard provided they are located no less than five (5)
feet from the side property line in the rear yard and ten (10) feet
from the rear yard property line and do not cover more than forty
(40) percent of the rear yard.
b. A building or structuce in any zoning district may exceed the
district maximum height regulations with a specific use permit
pravided that the building or structure will fit under an imaginary
line that is 63.50, with the horizontal, at the outer edge of the
yard.
c. Interior side yards shall not be required fcx- abutting properties in
the same zoning district if both properties are developed as a unit
under a common development plan.
15
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d. When individual attached townhousPs or condominiums are to be
soid separately, there shall be no minimum lot area requirements
provided that the total land area of the project, including the land
on which the units are located and the land held in common
ownership by the unit owners, is equal to the total minimum land
area required per dwelling unit or lot in the district in which the
project is located.
e. The P��eight regulations c�f this section shall not apply to belfries,
chimneys, church spires, conveyors, cooling towers, elevator
bulkheads, fire tc�wers, storage towers, flag poles, monuments,
ornamental towers or spires, cranes, construction equipment,
smoke stacks, stage towers and scenery lofts, tanks, water
towers, ham radio and televi�ion antennas, rr�icrowave relay, radio
and television transmission towers.
f. yfinimum front yard setbacks for lots w�ith predominant frontage
on the c�arved radi�s of a cul-de-sac shall be fifteen (15) feet.
P. Perrraitted Uses.
1. Use of Land and Buildings: Buildings, structuces, land or premises shall
be used only in accordance with the uses specifically permitted in the
zoning district classification for the site subject to compliance with
parking regulations, height and area requirements, "Special Conditions"
and ail other requirements of the Zoning Ordinance.
2. Permitted Use Table: The permitted uses in each specific zoning
district are shown by means of symbols in the permitted use tables on
the fotlowing pages. The letter "P" in the zoning district column
opposite the listed permitted use means the use is permitted as a use of
right in that district ��bject to (1) providing of off-street parking the
amounts required by reference to the "Parking Group" column, and (2)
subject to compliance with all of the requirements specified in the
section or sections whose number appears in the "Special Conditions"
col�mn opposite the permitted use. �'he letter "S" in the zoning district
column opposite the permitted use means the use is permitted in that
zoning district only after (1) providing off-street parking in the amounts
required by reference to the "Parking Group" column, (2) s�bject to
compiiance with all of the requirements specified in the section or
sections whose nurnber appears in the "Special Conditions" column
opposite the permitted use, (3) obtaining a Special Use Permit as set
forth in Section 9-G. No prirnary use shall be permitted in any district
other #han a use shown in the f ollowing tables and no primary use shall
be permitted in any district unless the letter "P" or the letter "S"
appears opposite the listed permitted use. �The letter "O" in the OP
zoning district means that the permitted use is for office functions
only. Parking requireinents are in Section 8-F.
3. Uses Not Listed: Primary uses not listed in the Permitted Use Table
may be permitted in any district where similac uses are permitted. The
fr�nctian and locational requirements of the unlisted use must be
18
. � . , � , ,
consistent with the purpose and description of the zoning district,
compatible with the permitted uses in the district, and being similar in
traffic-generating capacity, noise, vibration, dust, odor, glare and heat
producing characteristics.
4. Accessory Use: A use which is customarily incidental to that of the
primary existing use, which is located on the same lot or premise and
primary existing use, and which has the same zoning district
classification shall be permitted as an accessory use without being
separately listed as a permitted use.
5. Standard Industrial Classification (SIC} Group Numbers: The group
descriptions in the (1972) Standard Industrial Classification Manua!
prepared by the Statistical Policy Division for the United States Office
of litanagement and Budget shall be used to determine the classification
of primary uses when reference is made in the tables to a designated
Standard Industrial Classification (SIC) group number.
19
� , . ,
, . . � U
Section 7-P, Permitted Use Table � °�
� � � �; � �
U
Permitted Uses � � � � � O o � e� Q `� ►-+ cr��." a
01 Agricultural Produc4ion - Crops O O S P 3
018 H aticultural Specialties P P O P S P P P P 23
(including retail sales)
02 Agricultural Production - Livestock O O S P 3
07 Agricultural Services
074 Veterinary Services S S O P S P 14
Q75 Kennels S S O S S P 14
076 Farm Labor and Management Services O O S S S
078 Landscape/Horticultural Services P O O S S P
08 F�restry O P
09 Fishing, Hunting & Trapping O P
10 Metal Mining p
13 Oil and Gas Extractian O S S P 7
14 Mining and Quarrying of N�n-
Metallic Minerals, Except Fuels O P S S 7
15 Building Canstruction -
General Cantractors O O S P P 7
16 C�nstruction Other Than
Buildin� Canstruction O O S P P 7
17 Cmnstruction - Special Trade
Contractocs O O' S , p P 7
�
20
4 � � � � ` �
u � ' � �
Section 7-P, Permitted Use Table � �
� � x � �
Permitted Uses � � � � � � � � o � � � a � '-+ �' a
20 Fanod and Kindred Products Manufacturing O S S P 7
(except as noted below)
242 Dairy Products O S P P 7
203 Canned and Preserved Fruits
and Vegetables O S P P 7
2045 Blended and Prepared Flour O S P P 7
205 Bakery Products O S P P 7
2065- Candy and Other
2067 C mfectionary ProdUCts O S P P 7
2085 Distilled, Rectified and
Blended Liquors O S S P 7
2036 Bottted and Canned Soft Drinks
and Carbonated Waters O S P P 7
2087 Flavoring Extracts and Syrups O S P P 7
209 Miscelianeous F o�d Preparations
and Kindred Products O S P P 7
21 T�bacco Manufacturers O P P 7
22 Textile Mill Products O P P 7
23 Apparel and Other Finished Products Manufacturing
Made From Fabrics and
Similar Materials O S P P 7
24 Lumber and Wood Prnducts,
Except Furniture (except
as nated below) S S P 7
243 Millwork, Veneer, Plywood, and
Structural Wood Members S S P 7
244 Wood Containers S S P 7
2499 Woad Products, N cst Elsewhere
Classified S S P 7
25 Furniture and Fixtures O S P P 7
26 Paper and Allied Products
(except as noted below) O S S S 7
264 Converted Paper and Paperboard
Products S S P 7
265 Paperboard Containers and Boxes S S P
27 Printang, Publishing, and
Allied Industries O S P p 7
28 Chemicals and Allied Products O S S S 7
(except as noted below)
283 Drugs O S P P 7
21
; , , . ;
. . �
Section 7-P, Permitted Use Table �
r+ o�
�
•� � � c� Q c,� v �
Permitted Uses � � j' �' � �3 � o o !•G i� a `� ►-+ �' a
29 Petroleum Refaning and Related
Industries O O S S P 7
30 Rubber and Miscellaneous Plastics
Products O S S P 7
31 Leather and Leather Products
(except as noted below) O S S P 7
311 Leather Tanning and Finishing O S S S 7
32 5tone, Clay, Glass and Concrete
Products (except as noted below) O S S P 7
324 Cement, I-Iydraulic O S S 7
327 C mcrete, Gypsum, and Plastic
Products O S S P
329 Abrasive, Asbestos, and
Miscellaneous Nonmetallic
,'1�lineral Products O S S P 7
Temporary Satching Plant 5 S S S S S S S S S S 5 S S
33 Primary Metal Industries O S S P 7
34 Fabricated Metal Products,
Except Machinery and
Transportation Equipment
(except as noted below) O S P 7
346 Metal Forgings and Stampings O S S P 7
348 Ordinance and Accessories O S S P 7
35 �Ylachinery, Except Eiectrical
351 Engines and Turbines O S S P 7
3523 Farm Machinery and Equipment O S S P 7
3524 Garden Tractors and Lawn and
Garden Equipment O S P P 7
353 Construction, Mining and
litaterials Handling
Machinery and Equipment O S S P 7
354 Metalworking Machinery and
Equiprnent O 5 P P 7
355 Special Industry Vlachinery,
Except \lletalworking Machinery O S P P 7
356 General Industrial Yiachinery
and Equipment
357 Office, Computing and
Accounting Machines O S P P 7
358 Refrigeration and Service
Industry Machinery O S P P 7
359 Vliscellaneous Machinery,
Except Electrical O S P P 7
22
. . �.
�
Section 7-P, Permitted Use Table � o�
a � � � �
u
Permitted Uses � � � � � � � o o � � Q � a-� g' a
36 Electrical and Electronic Machinery,
Equipment and Supplies O S P P 7
37 Transportatian Equipment O S S P 7
38 Measuring, Analyzing, and Cantrolling
Instruments; Photographic Medical
and Optical Goods; Watches and
Clocks P S O S P P P 7
39 Miscellaneous Manufacturing
Industries O S P P 7
40 Railroad Transportatia� O S P 7
41 Local and Suburban Transit and
Interurban Highway Passenger
Transpoctation S S O S S S � S S
42 Motor Freight Transportatian and
Warehousing O S S P 20
43 U.S. Pc�stal Service P P O P P P P 7
44 Water Transportation
45 ?ransportation By Air O
46 Pipe Lines, Except Natural Gas S P P P P P P O P S P P P P
47 Transportatian Services S S O S P P P 7
48 C�mmunication P S S P S S P P 7
49 Electric, Gas and Sanitary
Service P S O P S P P P 7
50 Wholesale Trade - Durable Goods O P S P P P 8
51 Wholesale Trade•- N�ndurable
Goods O P S P P P 8
52 Building Materiafs, Hardware,
Garden Supply Dealers
(except as noted below) P P O P S P P P
S21 Lumber and Other Buitding
Material Dealers P O P S S P P 8
23
. , ' � ' ,
, , ' , � � �
� �
Section 7-P, Permitted Use Table -� � z u �
� � � � � � � oo � � a � � � a
Permitted Uses �
53 General Merchandise Stoces P P O P S P P P 13
54 F�od Stores P P O P S P P P 13
55 Automotive Dealers and Gasoline
Service Statians (except as
noted)
551 Motor Vehicle Dealers (New dc Used) P O P S P P P 24
552 �(otor Vehicle Dealers (Used Only) O P P 24
553 Auto and H ome Supply Stores P P O P S P P P 13
554 Gasoline Service Stations P P O P S P P P 38
555 Boat Dealers P O P S P P P 24
556 Recreational and Utility Trailer
Dealers P O P S P P P 24
557 Motorcycle Dealers P P O P S P P P 14
56 Apparel and Accessocy Stoces P P O P S P P P 13
57 Furniture, H�me Furnishings,
and Equipment Stores P P O P S P P P 14
58 Eating and Drinking Places
5812 Eating Places P P O P S P P P 26
5813 Drinking Places P O S P 26
59 Miscellaneous Retail
591 Drug Staes and Propriety Stores P P O P S P P P 13
592 Liquor Stores P O S P 13
593 Used Merchandise Stores P P O P S P P P 14
5941 Sporting Goods and Bicycle Shops P P O P S P P P 13
5942 Book Stores (General) P P O P S P P P 13
5942 Book Stores (Adult)
5943 Stationery Stores P P O P S P P P 13
5944 Jewelry Stores P F O P S P P P 13
5945 H obby, T o� and Game Shops P P O P S P P P 13
5946 Camera and Photography Supply
Stores P P O P S P P P 13
5947 Gift, Na�elty and Souvenir Stores P P O P S P P P 13
5948 Luggage and Leather Goods Stores P P O P S P P P 13
5949 Sewing, Needlework and Piece
Goods Stores P P O P S P P P 13
596 N mstore Retailers
598 Fuel Dealers 5 P P 15
599 Retail Stores, N ot Elsewhere
Classified P P O P S P P P 13
24
° .. ti� . ` �• ' . , ..
, ' , �� ' . . . `
Section 7-P, Permitted Use Table � x �! � a�
i rT i �; •�
� a � � � ¢ ��;H �
Permitted Uses "' � � � � � � � ° 1 a
;�
60 Banking and Drive-In Banking P � �;
P P S P P '; �' 14a
Facilities ;�
. • ;�
61 eredit Agencies Other Than Banks P P O P S P P{"!7 l�+
;:
62 Security and Commodity Brokers, �� I
Dealers, Exchanges and Services P P O P S P P '� I' f 14
!�
b3 Insurance
P P O P S P pi� l' I14
i' �
64 Insurance Agents, Brokers and ;�
Service ; P P O P S P P;i P 14
;
65 Real Estate � P P O P S P P �; P 14
6553 Cemetary Development/Operations S S O S S S S S 4� S
66 Combinations of Real Estate, �I
Insurance, L�ans, Law Offices p p p p S p p j�0 14
67 Hcmlding and Other Investment �
Offices P P P P S P P ; F� 14
� I
70 Ha�tels, Rooming Houses, Camps, i
and Other L�dging Places
701 H otels, M otels and T ourist Camps S O S S S S (
702 R ooming and Boarding H cuses
703 Camps and Trailering Parks S S
704 Organization H crtels and L odging
H wses on a Membership Basis P P P� S O S '
i
72 Personal Services
7211 P v,�ver Laundries P P O P S P P i P 14
7212 Garment Pressing and Agents for +'
Laundries and Dry Cleaning � P P O P S P P r P 14
7213 Linen Supply S S O S S P " P 7
7214 Diaper Service S S O S S P �� P 7
7215 C oin-operated Laundries and
Dry Cleaning P P O P S P P � P 39
7216 Dry Cleaning Plants S S O S S S P � !' �
7217 Carpet and Upholstery Cleaning S S O S S S P ; N � 7
7218 Industrial Launderers S S O 5 S S P � P 7
7219 Laundry and Garment Services, �
Not Elsewhere Classified P P O P S P P � P 14
722 Photographic Studios, P crtrait P P O P S P P � P 14
723 Beauty Shops P P P P S P P P 14
724 Barber Shops P P P P S P P P 14
725 Shoe Repair Shops, Shoe Shine
Parlors and Hat Cleaning Shops P P O P S P P P 13
726 Funeral Service and Crematories S . S O P S S P P 25
727 Rental Storage of Items g p p 7
Boats, Autos, Etc.
'S
' ' ` ,
, � ' � � �
r+ a�
Section 7-P, Permitted Use Table a � _ � �
� � � � � �s �' o o � o"� a � ►-, �' a
Permitted Uses '
729 Miscellaneous Persona! Services P P O P S P P P 14
73 Business Services
7311 Advertising Agencies P P O P S P P P 14
7312 Outdoor Advertising Services P P O P S P P P 14
Advertising Signs S S O S S S S S
7313 Radio, Television and Publishers
Advertising Representatives P P O P S P P P 7
7319 Advertising, N c�t Elsewhere
Classified P P O P S P P P 14
732 Consumer Credit Reporting Agencies,
Mercantile Reporting Agencies
and Adjustment and Collection
Agencies P P O P S P P P 14
733 Mailing, Reproduction, Commerciat
Art and Photography, and
Stenographic Services P P O P S P P P 14
734 Services to Dwellings and Other
Buildings P S O P S P P P 7
735 News Syndicates P P O P S P P P 7
736 Personnel Supply Services P P O P S P P P 14
737 Computer and Data Processing
Services P P O P S P P P 7
739 Miscellaneous Business Services
(except as noted below) P P O P S P P P 14
7391 Research and Development
Laboratories S O P S P P P 7
7392 Management, Consulting and
Public Relations Services � P P U P S P P P i 14
7399 Business Services, N c�t Elsewhere �
Classified (of a general
office character) P P O P S P P P 14
75 Automotive Repair, Services and
Garages
751 Automobile Rental and Leasing S S O P S P P P 24
752 Automobile Parking P O P S P P P
7531 T cp and Interior Repair Shops O P S P P 19
7531 Body Repair Shops O P S P P 19
7534 Tire Retreading Shops S P P 19
7534 Tire Repair Shops P P O P S P P P !9
7535 Paint Shops O P S P P 19
7536 Junkyards S �
7538 General Automotive Repair Shops P O P S P P 19
7539 Automotive Repair Shops, Not
Elsewhere Classified P O P S P P 19
26
� , — c3 �
Section 7-P, Permitted Use Table � °�
a s� x � �
� � � � � � � oo � � ' � � � a
Permitted Uses a
754 Automotive Services, Except I
Repair P P O P S P P 9/10
76 Miscellaneous Repair Services
762 Electrica! Repair Shops P P O P S P P P 13
763 Watch, Clock, and Jewelry Repair P P O P S P P P 13
764 Reupholstery and Furniture Repair P P O P S P P P 14
7692 Welding Repair O S P P 7
7694 Armature Rewinding Shop O S P P 7
7699 Repair Shops and Related Services,
Ncst Elsewhere Classified O S P P 7
78 Motion Pictures
781 tilotion Picture Production and
Allied Services P P O P S P P P 7
782 Motion Picture Distribution and
Allied Services P P O P S P P P 7
7832 Nlotion Picture Threatres,
Except Drive-In P O P S P 25
7832 Adult Motion Picture Threatre
7833 Drive-In �iotion Picture Threatres
79 Amusement and Recreation Services
Except Motion Pictures
791 Dance Halls, Studios and Schools P P O P S P P P 14
792 Theatrical Producers, Bands,
Orchestras and Entertainers P P O P S P P P 14
793 Bo wling Alleys and Billiard and
P ool Establishments P O P S P P P 32
794 Commercial Sports O P S P P
7992 Public Golf Courses P P P P P P P P P S P P P 33
7993 Coin-operated Amusement Devices P S O P S P 13
7996 Amusement Parks O S
7997 Membership Sports and
Recreation Clubs S S S S S P P O P S P P P 33/13
7999 Amusement and Recreation Services
N ot Elsewhere Classified S S O S S S
80 Health Services
$Ol Offices of Physicians P P O P S P 14
802 Of f ices of Dentists P P O P S P 14
803 Offices of Osteopathic Physicians P P O P S P 14
804 Offices of Other Health
Practitioners P P O P S P 14
805 Nursing and Personal Care -
Facilities S S O P S S 28
806 Hospitals S S S S P O P S P 28
807 Medical and Dental Laboratories P S O P S P P 7
27
, �
, , � C�
Sectian 7-P, Permitted Use Table � °c�
«�
� c� �
Permitted Uses
�'i � � � � r3 � o o � "a' �C � ►-+ �' aw
808 Outpatient Care Facilities P O P S P 14
809 Health and Allied Services, N ot
Elsewhere Classified •S O S S
81 Legal Services
82 Educational Services
821 Elementary and Secondary
Schools S S S S S S S O S S S S S S
822 Colleges, Universities, Profes-
sional Schools and 7unior
Colleges ( P O P S P S S S
823 Libraries and Inf ormation Center ! P P O P S P P S S
824 Correspondence Schools and
V ocational Schools � P O P S P S S S
829 Schools and Educational Services
Not Elsewhere Classified � P S O S S P S S S
83 Social Services (Child Care, �
Halfway Homes, etc.) S S S S P P O P S P
84 Museums, Art Galleries, Botanical
and Zoological Gardens S S S S P P O P S P 18
86 Membership Organizations
861 Business Associations S S P P O P S P I4
862 Professional Membership
Organizations S S P P O P S P 14
863 Labor Unions and Similar Labor
Organizations P P O P S P 14
864 Civic, S ocial and Fraternal
Associations P P O P S P 14/27
865 P ditical Organizations P P O P S P 14
866 Religious Organizations S S S S S P P O P S P S I8/19
869 1Aembership Organizations, N c�t
Elsewhere Classified S S O P S P 14
89 Miscellaneous Services
NONCLASSIFIED USES
Governmental Uses
Federal, State, and L vcal
Government, Excluding
Districts and Authorities P O P S P P P 14
Residential Uses
Single-Family Dwellings P S S S S S P S S 3
Two-Family Dwellings P $ 3
Multi-Family Dwellings P P P P S 3
Cluster Housing P P P S 3
T cr�vnhouses P p P
2$ �
� , � , _a_, _�. �,,
, ��
�
Section 7-P, Permitted Use Table � °�
•.a � �i A � c"�i
Permitted Uses
� � � � � � � oo � � � � � � �
Mobile Home Park P 4
�iobile Home Subdivision
Model Dwelling Unit P P P S 3
Accessory Residentiai Uses
Accessory Building, Structure
or Use P P P P
Garage Apartrnent
H orne Occupation P P P P P P
Servants or Caretakers Quarters P P P P P S P P 3
Private Recreation Facility P P P P P S
Swimming P ool P P P P P P
Pubtic Utilities
Cable Television Transmission Line P P P P P P P P P P P P P P
Electrical Transmission Line P P P P P P P P P P P P P P
Electrica! Generating Plant S P S P P P
Electrical Substation S S S S S P S S P S P S P P
L ocal Utility Service Line P P P P P P P P P S P P P P
Radio, Television or
Microwave T crivers S S S S S S S S S S S P P
Railroad Tracks bc Switching Yards
Sewage Pumping Station P P P P P P P P P S P P P P
Sewage Treatment Facilities P P P P P P P P P P S P P P
Telephone Exchange, Switching
Relay or Transmitting Station S P P P P P P P P S P S P P
Utility Service or Storage Yard
or Buildings S P P
Water Standpipe or Elevated Water P P P P P P P P P S P P P P
Supply, Water Reservoir, well or
Pumping Station
Water Treatment Plant P P P P P P P P P S P P P P
Utility Business Office P P P P S P P P 14
�9
SECTION S. SUPPLEMENTARY DISTRICT REGUILATIONS
A. Visibility at Intersections in Residential Districts. �n a corner lot in any
Residential District, vegetation shall not be planted or allowed to grow in
such a manner to materially impede vision between a height of 2y: feet and 10
feet above the center line grades of the intersecting streets in the area
bounded by the street lines on such corner lots and a line joining points along
said street lines 25 feet from the point of the intersection.
B. Fences, Walls, and Hedges. Notwithstanding any other provision of this
ordinance, fences, walls, and hedges are perrnitted in or alang the edge of any
required yard other than a front yard or a side yard eontiguous to a side
street line.
C. Accessory Buildings. Except as specifically permitted by this ordinance, no
accessory building shall be erected in any required yard, and no separate
accessory building shall be erected within 5 feet of any other buidings.
D. Erection of More Than One Principal Structure on a Lot. In any district,
more than one structure housing a permitted or permissable principal use may
be erected on a single lot, provided that yard, sireet frontage, and other
requirements of this ordinance shall be met for each structure as though it
were on an individual lot.
E. Structures to Have Access. Every building hereafter erected shall be on a lot
adjacent to a public street, or an approved private street, and all structures
shall be so located on lots as to provide safe and convenient access for
servicing, fire protection, and required off-street parking.
F. Off-Street Parking and Loading Regulations.
l. Oft-Street Parking Re�ulations: It is the intent of this section to
assure that adequate off-street parking is provided with the
construction, aiteration, remodeling or change of use of any building or
change in the use of land.
a. Required off-street parking spaces shall be located on the same
lot, tract, parcel, or premises as the use being served or on other
property of the same or less restrictive zoning classification that
the owner of the premises being served has a continuing right to
use for parking. When the required off-street parking spaces are
not located on the same lot, tract, parcel, or premises being
served, the distance from the center of the parking lot to an
entrance to the building or use shall not exceed 500 feet in
distance, measured along the shortest available pedestrian route
with public access.
30
b. Any existing building or use that is enlarged, structurally altered,
or remodeled to the extent of increasing or changing the use by
more than fifty (50) percent as it existed at the effective date of
this ordinance shall be accompanied by off-street parking for the
entire building or use in accordance with the off-street parking
regulations set forth in this section. When the enlargement,
structural alteration, or remodeling is to the extent that the use
is not increased or changed by more than fifty (50) percent,
additional off-street parkir�g shall only be required for the
increased or changed floor area or use.
c. Existing parking spaces may not be used to satisfy additional off-
street parking requirements of this section unless the existing
spaces proposed for use in meeting the requirements of this
section exceed the number required for the building or �se for
which the existing spaces are associated. All parking associated
with a building or use from which the spaces are drawn must meet
all requirements of this ordinance.
d. The number of off-street parking spaces required for each
building or use shall be determined by reference to the following
table of parking groups. Parking groups are identified for each
building or use in Section 7-P. Where several different property
uses will share a joint parking area, the parking requirements shall
be computed based upon the overall development. Shopping
centers containing not more than 200,000 square feet of gross
leasable floor area shall have a minimum of six (6) spaces per
1,000 sqUare feet of gross leasable floor area. Shopping centers
containing more than 200,000 square feet of gross floor area shall
have a minimum of 5.5 spaces per 1,000 square feet of gross
leasable floor area.
31
PARKING GROUP TABtE
Parkin� Group Required Number Off-Street Parkin� Spaces
1 . . . . One (1) space for each dwelling unit.
2 . . . . One and one-half (lh) spaces for each dwelling unit.
3 . . . . Two (2) spaces for each dwelling unit.
4 . . . . Two and one-half (2yz) spaces for each trailer unit.
5 . . . . One (1) space for each trailer space.
6 . . . . Fwr (4) spaces on the largest shift/or one (1) spaces per 600
square feet ot gross f loor area, whichever is greater. There shall
at least be a minimum of two (2) spaces.
7 . . . . Three (3) spaces for each five (S) employees an largest shift, or
one (1) space per 600 square feet of gross floor area.
8 . . . . Fcur (4) spaces for each five (5) employees on largest shift, or
one (1) space per 1,000 square feet of gross floor area,
whichever is greater.
9 . . . . One (1) space for each employee plus three (3) reservoir spaces
for each washing stall.
10 . . . . One (1) space for each employee plus five (5) reservoir spaces
per washing conveyor.
11 . . . . One (1) space f or each employee plus one (1) space f a each bay.
12 . . . . One (1) space f or each 100 square feet of gross f loor area.
13 . . . . One (1) space for each 200 square feet of gross floor area.
14 . . . . One (1) space for each 300 square feet of gross floor area.
14 a . . . One (1) space for each 400 square feet of gross fioor area.
15 . . . . One (1) space fa each 500 square feet of gross floor area.
16 . . . . One (1) space for each 1,000 square feet of gross floor area.
17 . . . . One (1) space for each 300 square feet of gross floor area or
one space for each forty (40) square feet of auditorium,
whichever is greater.
18 . . . . One (1) space for each four (4) seats in largest auditorium, or
one (1) space for each 800 square feet of gross floor area,
whichever is larger.
19 . . . . One (1) space for each 400 square feet of gross floor area,
minimum of five (5) spaces.
20 . . . . One (1) space fcx- each 1,000 square feet of non-office floor
area plus one (1) space for each 300 square feet of office area.
21 . . . . One (1) space for each fifty (50) square feet of gross floor area
(a minirnum of fifteen (15) spaces) plus a five (5) space
reservoir.
22 . . . . One (1) space for each 1,000 square feet of lot area.
23 . . . . One (1) space for each 2,000 square feet of lot area.
24 . . . . One (1) space for each 5,000 square feet of lot area.
25 . . . . One (1) space for each four (4) seats.
26 . . . . One (1) space f or each f our (4) seats or one (1) space f or each
fifty (50) square feet of customer service area, whichever is
greater.
27 . . . . One (1) space for each two (2) occupants.
28 . . . . One (1) space f or each one and one-half (1 yz) beds.
32
PARKING GROUP TABLE (continued)
Parking Group Required Number Off-Street Parking Spaces
29 . . . . One (1) space for each three (3) beds.
30 . . . . One (1) space fa each teacher and staff person.
31 . . . . One (1) space for each four (4) students.
32 . . . . Faur (4) spaces for each alley.
33 . . . . Fifty (50) spaces for each nine (9) holes.
34 . . . . One (1) space for each driving tee.
35 . . . . Fifteen (15) spaces for each nine (9) holes.
35 . . . . F wr (4) spaces f a each court.
37 . . . . Two (2) spaces for each 100 square feet of water area.
38 . . . . One (1) space for each bay plus one (1) space for each pump
island, minimum of six (6) spaces.
39 . . . . One (1) space for each six (6) machines.
40 . . . . One (1) space for each employee.
33 •
f. The design and dimensions of off-street parking areas shall be in
accordance with the following table of minimum dimensions.
�iinimum stall widths shall be nine feet, except for residential and
all day office parking which may utilize stalls eight and one-half
(8%z) feet in width, provided that minimum aisle widths are
increa5ed by one (1) foot. In addition, the dimensions of up to
twenty (20) percent of the total number of off-street parkin
spaces may be reduced to eight (8) feet in width and sixteen (lb�
feet in depth to accommodate compact automobiles. All
dimensions below are in feet.
Angle (Degrees) Oa 300 450 . 600 900
Stall, Parallel to Aisle 23.0 18.0 12.7 10.4 9.0
Stall, Perpendicular to Aisle 9.0 16.5 19.0 20.0 18.0
Aisle Width, One-tiVay 12.0 12.0 12.0 16.0 24.0
Aisle Width, Two-Way 22.0 22.0 22.0 24.0 24.0
Cross Aisle, One-Way 11 .0 11 .0 11.0 11.0 11.0
Cross Aisle, Two-Way 22.0 22.0 22.0 22.0 22.0
g. Off-street parking spaces shall be clearly marked. Parking spaces
abutting an adjoining property line or street right-of-way shall be
provided with wheel guards or bumper guards so located that no
part of a normally parked vehicle will extend beyond the property
line. When wheel guards are used, they shall be centered 2.5 feet
frarn the property line for 90 degree parking, 2.3 feet for 60
degree parking, and 2.0 feet for 45 degree and 30 degree parking.
h. Approval of the parking area layout and design of all off-street
parking areas shall be by the City Engineer. The City Engineer
shall determine that spaces provided are usable, and that the
circulation pattern of the area is adequate.
i. Bonus for Landscapin� of Off-Street Parking Facilities. The
minimum off-street parking requirements shall be reduced up to a
maximum of 50 percent of the requirement where an equal
percent of the total parking area has been retained and developed
as landscaped open space area. The percent of the landscaped
open space area shall determine the maximum percent reduction
which will be permitted in the total number of off-street parking
spaces.
G. Off-Street LoadinQ ReQulations. The intent of this section is to ensure that
an adequate off-street loading area is provided with the constcuction,
alteration, or change of use of any business building or structure, or with any
change in land use.
1. The owner and the occupier of any property upon which a business is
located shall provide loading and unloading areas of sufficient number
and facility to accommodate on such business premises all vehicles that
will be reasonably expected to simultaneously deliver or receive
materials or merchandise, and of sufficient size to accommodate all
34
_w
. , .
. ` � � � ,
types of vehicles that will be reasonably expected to engage in such
loading or unloading activities.
2. Any p�rson desiring a building permit for the construction, alteration,
or change of use of the land or any business building or structure shall
submit a plot plan to the Building Official designating the number,
dimensions and locations of all loading areas and all proposed avenues
of ingress and egress to the property from adjacent public
thoroughfares. The Building Official shall not issue such permit if it is
determined that the proposed loading and unloading facilities will
present a direct or indirect hazard to vehicular or pedestrian traffic.
H. Planned Unit Development Standards and Requirements.
1. General Plan: Prior to the iss�ance of a Specif ic Use Permit or any
building permit for property lacated in a PUD, Planned Unit
Development District, a general land Use and density plan must be
submitted to the Planning and Zoning Commission. The plari shall
include a schematic land use plan identifying proposed general uses,
densities, major open spaces, circulation and access features, and a
statement indicating proposed phasing of development and the
projected timing of each phase. The Planning and Zoning Commission
shall forward the plan with its recommendation to the City Council.
The applicant shall pay a processing fee as established in Section 14.
Advertisement and public hearings shall be held by the Planning and
Zoning Commission and City Council in accordance with the
notification procedure set forth for a rezoning application.
2. Height and Peripheral Yard Requirements:
a. Heigl�t: Structure and buildings located in a Planned Unit
Developrner�t District shall not exceed thirty-five (35) feet,
withaut specific authorization and approval from the City
Council.
b. Yards: All buildings and structures shall be set back not less than
twenty-five (25) feet frorn any peripheral property line or street
right-of-way.
35
I. Landscapin� and Screening Requirements.
1. Pur ose: The provisions of this section for the installation and
maintenance of landscaping and screening are intended to protect the
character and stability of residential, commercial, institutional and
industrial areas, to consecve the value of land and buildings of
surrounding pcoperties and neighborhoods, and to enhance the aesthetic
and visual image of the community.
2. Perimeter Landscapin� and Screenin�: �
a. When a commercial or industrial use is established on a lot oc
premises located ad jacent to any residential zoning district, or
when any multiple family dweliing use is established on a lot or
premise adjacent to any property located in a single-family
residential zoning district, a ten (10) foot in width landscaped
open space buffer strip shall be installed and maintained by the
owner, developer or operator of the commercial or industrial
property between it and the ad jacent residentially zoned property.
In addition, an eight (8) foot high opaque fence or wall shall be
erected and maintained along the property line to provide visual
screening. The fence or wall shall he a wood or masonry,
diagonal, horizontal or vertical stockade type privacy fence
although the framing may be metal. The provisions of this
paragraph shall not apply where districts are separated by a public
street, drainage ditch, or canal with a minimum easement of
thirty (30) feet.
b. In an open space a buffer strip is required under the terms of this
section, not less than one (1) tree shall be planted and maintained
for each twenty-five (25) lineal feet or portion thereof of solid
open space buffer strip. Each tree shall be not less than eight (8)
feet in height immediately upon planting and shall have a caliper
of not less than two (2) inches measured eighteen (18) inches from
the ground.
c. Off-Street Parking Landscapin�: All areas that are used for
parking or display of vehicles, boats, consiruction equipment or
production equipment shall conform to the minimum landscaping
req�irements in this section. Areas that are of a drive-in nature
such as filling stations, grocery and dairy stores, banks, and
restaurants also shall conform to the minimum landscape require-
ments in this section.
Parking lots shal! be considered small if they contain spaces for
20 or less cars. Small parking lots shall have °'open" landscaped
areas that are equal to not less than 10 percent of the parking
area and drives in the parking area. The required area may be
used as islands or perimeter landscaping or in any combination. A
minimum of one tree shall be planted and maintained for each 250
square feet or portion thereof landscaped open space area.
Parking lots with greater than 20 parking spaces shall have open
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. . .._ . ... . .
landscaped areas equal to !0 percent of the parking area and
drives in the parking area. �ifty percent of 'the required
landscaped area must be used as islands. Perimeter landscaping
shall have at least one tree far each 40 lineal feet or fraction
thereof. Each island shall have one tree planted and maintained.
Off-street parking areas that are adjacent to cesidentially zoned
property, shall have eight (S) foot above ground high opaque
fences or walls which shall be erected and maintained along the
property lin� to provide visual screening,
All trees required in this section shall be 8 feet tall when planted
and 2 inches in diameter 18 inches from the ground. Trees shall
be species common or adaptable to this area and when mature
shall have 15 foot crown.
d. Existin� Plant Material: Where healthy planting exists on a site,
the Building Official sha.11 credit the property owner for e�sting
plants that are retained and used when catculating vegetation
requirements under this Section..
e. Preserving Trees - Historical Significance
1.) Findin s: The founders of Friendswood chose to locate the
community in its present location because of the inspiring,
tranquil beauty of the huge oaks which occupied the creeic
banks and surrounding terrain. The name given the new
town, Friendswood, was chosen because of its apt
description of the settiers, membecs of the Friends Church,
and the topographical character, gently rolling terrain
covered with large trees. The City Council hereby finds and
determines that the preservation of the naturally wooded
topography is of historical significance to the City.
2.) Purpose: It is the intent of this subsection to encourage the
preservation of existing trees within the City, and the
historical significance thereof, and to prohibit their
unwarranted destruction.
3.) Prohibited Conduct: It shall be unlawful fa any person to
cause or permit the destruction of any native tree within
twenty feet (20') of the right-of-way line of any major
thoroughfare within the City if such tree has a trunk which
exceeds six inches (6") in diameter at a point eighteen
inches (18") above the natural ground level. Provided,
however, it shall not be violation of any provision hereof if a
tree is destroyed and removed because same, in the opinion
of the City Engineer, constitutes a hazard to pedestrian
and/or vehicular traffic along any such major thoroughfare.
37 .
J. Perfcx-mance Standards.
1. Compliance Required: Except as otherwise provided herein, no land,
building or structure in any district shall be used or occupied in any
manner so as to create any dangerous, injurious, noxious, or otherwise
objectionable fire, explosive, or other hazard; noise or vibration; smo'ke,
dust, or other form of air pollution; heat, cold, dampness, electrical or
other substance, condition or dangerous element in such a manner or in
such amount as to adversely affect the surrounding area or adjoining
premises. Permitted uses as set forth in this ordinance shall be
undertaken and maintained only if they conform to the regudations of
the section.
2. Performance Standard Regulations: The following standards shall apply
in the vario�s zoning districts as indicated:
a. Ext�rior Ndse: The following noise standards, unless otherwise
specifically indicated, shall apply to all property within the City
of Friendswood.
1) Fcr noise emanating from a facility on property located
within any residential zoning district, the allowable noise
level shall be as follows:
Allowable Exterior
Time Interval Noise Level
10:00 p.m. to 7:00 a.m. 50 d8 (A)
7:00 a.m. to 10:00 p.m. 55 dB (A)
2) Fa noise emanating from a facility on property located
within any comrnercial zoning district, the allowable noise
level shall be as f ollows:
Allowable Exterior
Time Interval Noise Level
10:00 p.m. to 7:00 a.m. 65 dB (A)
7:00 a.m. to 10:00 p.m. 70 d6 (A)
3) Fa noise emanating from a facility on property located
within the Light Indu�trial zoning district, the allowable
noise level shall be 70 db (A).
4) Fa noise emanating from a facility on property located
within the Industrial zoning disirict, the allawable noise
level shall be 75 dB (A).
5) Noise emanating from property within any zoning district
may exceed:
a) The allowable noise level plus up to five (5) dB (A) for
38
a cumulative period of no more than thirty (30)
minutes in any hour; or
b) The allowable noise levei plus six (6) to ten (10) dB (A)
for a cumulative period of fifteen (15) minutes in any
hour; or
c) The allowable noise level plus eleven (Il) to fifteen
(15) dB (A) for a cumulative period of five (5) minutes
in any hour; or
d) The allowable noise level plus sixteen (16) dB (A) or
rnore for a cumulative period of one {1) minute in any
hour.
6) In the event the ambient noise level exceeds the allowable
noise levels in subparagraphs 2), 3), and 4) above, the
allowable noise level for the property in question shall be
increased to equal the maximum ambient noise level.
7) Fa the purpose of determining compliance with the noise
standards in this section, the following noise sources shall
not be included:
a) N dses not directly under the control of the property
owner, lessor, or operator of the premises.
b) N ases emanating from construction, grading, repair,
remodeling or any maintenance activities between the
hours of 7:00 a.m. and 8:OQ p.m.
c) N dses of safety signals, warning devices and
emergency pressure relief valves.
d) Transient noise of mobile sources, including
automobiles, trucks, airplanes, and railroads.
e) Occasional outdoor gatherings, public dances, shows
and sporting and entertainment events provided said
events are conducted pursuant to a permit oc license
issued by the appropriate jurisdiction relative to the
staging of said events.
f) Air conditioning or refrigeration systems or associated
equipment.
g) For the purpose of determaning compliance with the
noise standards in this section, noise levels are to be
measured at any residentiat property line within any
permanent residential zoning district.
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b. Vibration: No vibration from any use within any zoning district
shall be permitted which is perceptible without instruments at any
residential property line within any residential zoning district.
c. Glare: Primary and secondary glare (both direct and reflective
glare having a source on private property shall not be permitted
to produce visual discomfart for viewers on other property in any
residential zoning district or on adjacent street rights-of-way.
Direct glare which produces visual discomf ort is to be corrected
or avoided by reducing the intensity of the light source and/or the
uses of directional lighting or shading d�vices. Welding, new
construction and repairs of facilities shall be exempt from these
regulations. Provided, however, that no req�irements will be
imposed in derogation of federal or state safety and health
regulations.
d. Particulate Air Cmta�ninants: No emissions, dust, fumes, vapors,
gases, or other forms of air pollution shal! be permitted in
violation of the rules and regulations of the 1'exas Air Control
Board and the Environmental Protection Agency.
3. Exceptions From Performance Standards: The owner or operator of any
building, structure, operation or use which violates any performance
standard may file an application for a variance from the provisions
thereof wherein the applicant shall set forth all actions taken to comply
with said provisions and the reasons why immediate compliance cannot
be achieved. The Board of Adjustment may grant exceptions with
respect to time of compliance, subject to such terms, conditions and
requirements as it may deem reasonable to achieve maximum feasible
compliance with the provisions of this section of the Ordinance. In its
determinations, the Board of Adjustment shall consider the following:
a. The magnitude of the nuisance caused by the violation.
b. The uses of property within the area of impingement by the
violation.
c. The time factors related to study, design, financing and
construction of remedial work.
d. The economic factors relating to age and useful life of the
equipment.
e. The general public interest, welfare and safety.
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4. Swimmin� Pool: Exception for private recreation facilities under
subparagraph 5 below.
a. If located in any residential zoning district, the pool shall be
intended and used solely for the enjoyment of the occupants of
the principal use of the property on which it is located and their
guests.
b. A pool may be located anywhere on a premises except in the
required front and side yard, provided that the pool'� pump and
filter installations shall not be located closer than five (5) feet to
any property line of the property on which it is located.
5. Private Recreation Facility: Private recreation facilities in residential
districts shall for multi-family developments, subdivisions, or
homeowners associations be restricted to use by the occupants of the
residence and their guests, or by members of a club or homeowners'
association and their guests, and shall be limited to such uses as
swimming pools, open game fields, basketball, shu#fleboard, racquet
ball, croquet, and tennis courts, and meeting or locker rooms. Private
recreation facilities shall not be located within twenty-five (25) feet of
any street right-of-way or within ten (10) feet of any abutting property
line. Activity areas shall be fenced and screened from abutting
properties. Dispensing of food and beverages shall be permitted on the
premises only for the benefit of users of the recreation facility and not
for the general public. Off-street parking shall be required on the basis
of one space for each four thousand (4,000) square feet of area devoted
to recreational use with a minirnum of four (4) spaces and a maximum
of twenty (20) spaces.
6. Auto Repair Gara�e: Automobile repairing, painting, upholstering and
body and fender work shall be perfnrmed only under the fodlowing
conditions:
a. All body and fender repairing shall be done within a completely
enclosed building or room with stationary windows that may be
opened only at intervals necessary for ingress and egresss;
b. N o spray painting may be done except in a spray booth especially
designed for that purpose.
c. All other auto repairing, etc. shall be conducted within a building
enclosed on at least three (3) sides.
7. Temporary Batchin� Facilitv: Before a Specific Use Permit may be
granted for a temporary batching facility, the City Council shall find
that such batching plant, yard, or building is both incidental to and
necessary for construction within two (2) miles of the plant. A specific
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. . � ' _ . , . �
Use Permit may be granted for a period of not more than one hundred
and eighty (180) days, and approval shall not be granted for the same
location for not more than four (4) Specific Use Permits during any
thirty (30) month period. Within thirty (30) days following the
termination of any batching plant, the permittee shall cause the site to
be returned to its original condition.
8. Junkyards: No property located within the corporate limits of the City
of Friendswood shall be used and no building shall be erected for or
converted to be used as an auto wrecking yard, junkyard, salvage
storage, scrap metal storage yard or wrecking rnaterial yard, except in
the I, industrial district.
9. Offices: Office development in the OP, Office Park District, shall be
subject to the following additional supplemental conditions.
a. A minimum ten (10) foot landscaped open space buffer strip shall
be provided along any property line which abuts a residential
zoning district.
b. A minimum twenty-five (25) foot landscaped open space area shall
be provided in the required front yard and also in the side yard if
the property is a corner lot.
c. No parking spaces shall be located in the minimum front yard or
side yard if the property is a corner lot, and driveways shall
provide direct access to any parking areas.
d. All lighting shall be so situated as not to reflect light on any
residential property.
e. Building site coverage consisting of all buildings and structures
and all paved surfaces shall not exceed ninety (90) percent of the
total lot area.
f. Show window or display window effects shall not be permitted
and there shall be no display from windows or doors and no
storage of inerchandise in the building or on the premises except
in quantities customarily found in professional or business office.
l<. Si�n Regulations are set forth in Ordinance No. 323.
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SECTION 9. ADMINISTRATION AND ENFOC CEMENT - BUILDING PERMITS
AND CERTIFICA ES OF ZOIVING COMPLIANCE
A. Administration and Enforcement. An administrative official designated by
the ity Manager sha a minister and enforce this ordinance. He may be
provided with the assistance of such other persons as the City Council may
direct.
If the administrative official shall find that any of the provisions of this
ordinance are being volated, he shall notify in writing the person responsible
f or such violation, indicating the nature of the violation and ordering the
action necessary to correct it. He shall order discontinuance of illegal use of
land, buildings, and structures; removal of illegal buildings or structures or
illegal additions, alterations, or structural changes; discontinuance of any
illegal work being done; oc shall take any other action authorized by this
ordinance to ensure compliance with or to prevent violation of its provisions.
B. Building Permits Required. No building or other structure shall be erected,
moved, added to, or structurally altered without a permit the�efor, issued by
the Building Official. N o building permit shall be issued by the Building
Official except in conformity with the provisions of this ordinance, unless he
receives a written order from the Board of Adjustment in the f orm of an
administrative review, or variance as provided by this ordinance.
C. Application for 6uilding Permit. All applications for building permits shall be
accompanied by plans in duplicate drawn to scale showing the actual
dimensions and shape of the lot to be built upon; the exact siaes and locations
on the lot of the buildings already existing, if any; and the location and
dimensions of the proposed building or structure or alteration thereof. The
application shall include such other information as lawfully may be required
by the Building 0 fficial, including, but not limited to, existing or proposed
building or alteration, existing or proposed uses of the building and land;
conditions existing on the lot; and such other matters as may be necessary to
determine conformance with and provide for the enforcement of this
ordinance.
The application shall be accompanied with a site plan that should provide the
following information:
(1) Boundaries of the area covered by the site plan;
(2) Location of each existing and proposed building and structuce in the
area;
(3) The location of existing drainage ways; and significant natural features;
(4) Proposed landscaping and screening buffers;
43
(5) The location and dimensions of all curb cuts, public and private streets,
parking and loading areas, pedestrian walks, lighting facilities, and
outside stocage facilities;
(6) T'he location, height and type of each wall, fence ar�d all other types of
scree�ing;
(7) The location, height and size of all proposed signs.
One copy of the plans shall be returned to the applicant by the Building
Officiat, after he shall have marked such copy either as approved or
disapproved and attested to same by his signature on such copy. One copy of
the plans, similarfy marked, shall be retained by the BualdingOfficial.
D. Cer4ificate of Zonin� Canpliance far New, Alteced, oc Nan-C�focmin�
Uses. It shal! be unlawful to use or occupy or p�rmit the use of or occupancy
of any building or premises, or both, or part thereof,. hereafter created,
erected, changed, converted, or wholly or partly altered or enlarged in its use
or structure until a certificate of zoning �ompliance shall have been issued
therefor by the Building Official stating that the proposed use of the building
or land conforms ta the requirements of this ordinance.
No non-conforming structure oc use shall be maintained, renewed, changed,
or extended until a certificate of zoning compliance shall have been issued by
#he Building Official: The certificate of zoning compliance shal! state
specifically wherein the �on-conforming use differs from the provisions of
this ordinance, provided that upon adoption or amendment of this ordinance,
owners or occupants af non-conforming uses or structures shall have three (3)
months in which to apply for certificates of zoning compliance.
E. Expiration of Buildin� Permit. If the work described in any building permit
has not begun within ninety�90) days from the date of issuance thereof, said
permit sha11 expire; it shall be cancelled by the Building O�ficial; and written
notice thereof shall be given to the person to whom the permit was issued.
Further work as described in the cancelled permit shall not pcoceed unless
and until a new building permit has been obtained. Hawever, if wock has not
begun within 90 days of the issuance of said permit, or if there has not been
substantial completic�n of the work wlthin one year from the date of issuance
of said permit, the Building Official may at his option, extend the expiration
dates of said permits.
F. Construction and Use to be as Provided in Applications, Plans, Permits, and
Certif►cates of Zonin� Compliance. Building permits oc certificates of
zoning comptiance issued on the basis of plans and applications approved by
the Building Official authorize only the use, arrangement, and the
construction set forth in such approved plans and applications, and no other
use, arrangement, or construction.
44
G. Specific Use Permits.
1. Purpose: This section provides the City Council the opportunity to deny
or to conditionally approve those uses for which Specific Use I'ermits
are required. These uses generally have unusual nuisance
characteristics or are of a public or semi-public character often
essential ar 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 exercise of planning judgment relative to the location
and site plan of the proposed use are required.
2. Permit Required: A building permit a 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 fiied with the Planning and Zoning Commission. The application
shall be accompanied by a site plan which, along with the application,
wiil become a part of the Specific Use Pecrnit, if approved. The
accompanying site plan shall provide the following information:
a. Data describing all processes and activities involved with the
proposed use;
b. Boundaries of the area covered by the site plan;
c. The location of each existing and proposed building and structure
in the area covered by the site plan and the number of stories,
height, roof line, gross floor area and location of building
entrances and exits.
d. The location of existing drainage ways, and significant natural
features;
e. Proposed landscaping and screening buffers;
f. The location and dimensions of all curb cuts, public and private
streets, parking and loading areas, pedestrian walks, lighting
facilities, and outside trash storage facilities;
g. The location, height and type of each wall, fence, and all other
types of screening;
h. The location, height and size of all propos�d signs;
4. Public HearinQs: The notification and public hearing process for a
Specific Use Permit or revocations theceof is set forth in Section 15 of
this ordinance.
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5. Conditions for Approval: A Specific Use Permit shall be issued only if
all of the following conditions have been founds
a. That the specific use will be compatible with and not injurious to
the use and enjoyment of other property, nor significantly
diminish or impair property values within the immediate vicinity;
b. That the establishment of the specific use will not irnpede the
normal and orderly development and improvement of surrounding
vacant property;
c. That adequate utilities, access roads, drainage and other
necessary supporting facilities have been or will be provided;
d. The design, location and arrangement of al! driveways and parking
spaces provides for the safe and conveniPnt movement of
vehicular and pedestrian traffic without adversely affecting the
general public or adjacent developments;
e. The adequate nuisance prevention measures have been or will be
taken to prevent or control offensive odor, fumes, dust, noise and
vibration;
f. That directional lighting will be provided so as not to disturb or
adversely affect neighboring properties;
g. That there are sufficient landscaping and screening to insure
harmony and compatibility with adjacent property; and
h. That the proposed use is in accordance with the comprehensive
plan.
6. Additional Conditions: In authorizing a Specific Use Permit, the City
Council may impose additional reasonable conditions necessary to
protect the public interest and welfare of ihe community.
7. Time Limit: A Specific Use Permit issued under this section shall be
valid for a period of two (2) years from the date of issuance and shall
become null and void unless construction or use is substantially
underway during said two-year period, or unless an extension of time is
approved by the City Council. If the construction of a Specific Use
Permit Project is scheduled in stages or phases, the City Council may
impose time limits for beginning stages oc phases. The schedule fa
beginning phases or stages may be extended by the City Council.
8. Revocation: A Specific Use Permit may be revoked or modified, after
notice and hearing, for either of the following reasons:
a. The Specific Use Permit was obtained or extended by fraud or
deception; or
b. That one or more of the conditions imposed by the permit has not
been met or has been violated.
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9. Amendments: The procedure for amendment of a Specific Use Permit
shall be the same as for a new application, provided, however, that the
City SAanager may approve minor variations from the original permit
which do not increase density, change traffic patterns, or result in any
increase in external impact on adjacent properties or neighborhoods.
10. Processin� Fee: A processing fee as set forth in Sectio� 14 shali be
required for the processing of each Specific Use Permit request.
47
SECTION 10. BOARD OF ADJUSTMENT - ESTABtISHMENT AND PROCEDURE
A Board of Adjustment is hereby established, which shall consist of five members
and four (4) alternates to be appointed by the City Council, each for a term of two
(2) years. Members and alternates of the Soard of Adjustment may be removed
from office by the City Council when absent from two consecutive meetings
without an excuse or for cause upon written charges and after public hearing.
Vacancies shall be filled by the City Council for the unexpired term of the member
affected.
A. Proceedin�s of the Board of Adjustment. The Board of Adjustment shall
adopt rules necessary to the conduct of its affairs, elect a chairman and an
acting chairman, and in keeping with the provisions of this ordinance.
Meetings shall be held at the call of the Chairman and at such other times as
the Board may determine. The Chairman or in his absence, the acting
Chairman, may administer oaths and compel the attendance of witnesses. All
meetings shall be open to the public.
The Board of Adjustment shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or faiding to vote
indicating such fact, and shall keep records of its examinations and all of
which shall be immediately filed in the office of the Board and shall be public
record.
B. Hearings, Appeals, and Notices. Appeals to the Board of Adjustment
concerning interpretation or administration of this ordinance may be taken by
any person aggrieved or by an officer, department, board, or bureau of the
City affected by the decision of the Administrative Official. Such appeals
shall be taken within a reasonable time, not to exceed forty-five (45) days, by
filing with the officer from whom the appeal is taken and with the Board of
Adjustment a notice of appeal specifying the grounds theceof. The officer
fram whom the appeal is taken shall forthwith transmit to the Board all the
papers constituting the record upon which the action appealed from was
taken.
C. N otif ication and Hearing Process. Any request f or an appeal, variance or
speciai exception shall require a public hearing before the Board. A written
notice of the hearing shall be sent to owners of property situated within two
hundred (200) feet of the exterior boundary of the property with respect to
which such appeal, variance or exception is requested 10 days prior to public
hearing. It shall be sufficient that such written notice is addressed to the
owner appearing on the most current tax roll of the City and addressed to
such owner at the address stated on said roll. If no owner is stated on the tax
roll, or no address appears thereon, the written notice to such propecty owner
shall not be required. The City Council and Planning and Zoning Cornmission
shall be informed of any hearing for an appeal, variance or special exception
of the zoning or sign ordinance. A processing fee as described in Section 1C
sliall be paid to the City in advance of the hearing. In the event the
application is withdrawn prior to the maiiing of the required written
notification or publicatian in the official newspaper, the fee shall be
refunded.
48
' , . ti � � �
D. Stay of ProceedinQs. An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer whom the appeal is taken certifies to
the 6oard of Adjustment after the notice of appeal shall have been filed with
him that by reason of facts stated in the certificate, a stay would, in his
opinion cause imminent peril to life or property. In such case proceedings
shall not be stayed other than by a restraining order which may be granted by
the Board of Adjustment or by a court of record on applicati�, on notice to
the officer from whom the appeal is taken and on due ca�se shown.
49
SECTION 11. THE 130ARD OF ADJUSTMENT - POWERS AND DUTIES
The 6oard of Adjustment shall have the following powers and duties:
A. Administrative Review. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement of this ordinance. The Board shall
apply the following standards in deciding the appeal:
1. That 4here is a reasonable difference of interpretation as to the
specific intent of the zoning regulations or zoning map.
2. That the resulting interpretation will not grant a special privilege to
one property incansistent with other properties or uses similarly
situated.
3. The decision of the Board must be such as will be xn the best interest of
the community and consistent with the spirit and interest of the City's
zoning laws.
B. Variance: Canditioris Governing Applications: Authority and Limitations. To
authorize upon appeal in specific cases such variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to
special conditions a literal enforcement of the provisions of this ordinance
would result in unnecessary hardship, and so that the spirit of the ordinance
shall be observed and substantial justice done. In exercising such powers of
variance, the Board may, in conformity with the provisions of this ordinance,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and make such order, requirement,
decision, or determination as ought to be made, and to that end the Board
sha11 have all the powers of the officer from whom the appeal is taken.
In granting any variance, the Board of Adjustment may describe appropriate
conditions and safeguards in conformity with his ordinance. Violations of
such conditions and safeguards, when made a part of the terms under which
the variance is granted, shall be deemed a violation of this ordinance.
Under no circumstances shall the Board of Adjustment grant a variance to
allow a use not permissible under the terms of this ordinance in the district
involved, or any use, expressly or impliedly, prohibited by the terms of this
ordinance in said district.
C. Vote Required: Appeals; Variances. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement, decision,
or determination of an Administrative Official, or to decide in favar of the
applicant on any matter upon which it is required to pass under this
ordinance, or to effect any variation in the application of this ordinance.
50
SECTiON 12. APpEALS FROM THE BOARD OF ADJUSTMENT
A. Any person or persons, jointly or severally, aggrieved by any decision of the
Board of Adjustment, or any taxpayer, or officer, department, board, or
bureau of the City may seek review by a court of record of such decision in
the manner provided by the laws of the State of Texas, particularly Chapter
742, Section 1, page 2385, Acts of the 62nd Legislature, Regular Session,
1971, complied as Article 1011g, Vernon's Texas Civil Statutes.
B. Reapplication. No application for a variance, special exception, or appea!
which has been denied shall be again filed earlier tMan one (1) year from date
of aigina! denial, unless there has been a material change. F a the purposes
of this section, material change shall mean a substantial change in conditions
or circumstances as it relates to the property in question.
SI
SECIION 13. DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF
ADJUSTMENT, CITY COUNCII., AND COURTS ON MATTERS OF APPEAL
It is the intent of this ordinance that all questions of interpretation and
enforcement shall be first presented to the Administrative Official, and that such
quetions shall be presented to the Board of Adjustment only on appeal from the
decision of the Administrative Official, and that recourse from the decisions of the
Board of Adjustrr�ent shall be to the courts in the manner provided by law,
particularly Chapter 742 Section 1, page 2385, Acts of the 62nd Legislature,
Regula�r Session 1971, complied as Article 1011g, Vernon's Texas Civil Statutes.
It is further the intent of this ordinance that the duties of the City Council in
connection with this ordinance shall not include hearing and deciding questons of
interpretation and enforcement that may arise. The procedure for deciding such
questions shall be as stated in this section and this ordinance. Under this ordinance
the City Council shall have only the duties of considering and adopting or rejecting
proposed amendments or the repeal of this ordinance, as provided by law, and of
establishing a schedule of fees and charges as stated in Sectic3n 14 hereof.
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SECTION 14. SCHEDULE OF FEES, CHARGES, AND EXPENSES
The City Councii shall estabtish a schedule of fees, charges, and expenses and a
collection procedure for building permits, certificates of zoning compliance,
Specific Use Permits, changes in district class�fication, appeals, and other matters
pertaining to this ordinance. The schedule of fees shall be maintained in the office
of the City Secretary and in the office of the Administrative Official, and may be
altered or amended nnly by the City Council.
Until all applicable fees, charges, and expenses have been paid in full, no action
shall be taken on any application or appeat.
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SECTION 15. AMENDMENTS
A. Authority. The City Council may from time to time amend, supplement, or
change by ordinance the boundaries of the district or the regulations herein
established.
B. Subrnission to Planning and Zonin� Commission. Before taking action on any
proposed amendment, supplement, or change the City Council shail submit
the proposed revision to the Planning and Zoning Commission for its
recommendation and report. The Planning and Zoning Cornmission shall make
its final report within 60 days.
C. Public Hearin� - Flanning and Zonin� Commission. The Planning and Zoning
Commission shall make a preliminary report and hold public hearing thereon
before submitting its final report. Written notice of all publie hearings
before the Zoning Commission on proposed changes and classification shall be
sent to owners of real property Iying within 200 feet of the property on which
the change and classification is proposed, such notice to be given not less
than ten (10) days before set for hearing to all such owners who have
rendered their said property for city taxes as the ownership appears on the
last approved city tax rolls. Such notice rnay be served by depositing the
same, properly addressed and postage paid, in the city post office. Where
property lying within 200 feet of the property proposed to be changed is
located in territory �vhich was annexed to the city after the final date for
making renditions which are included on the last approved city tax roll,
notice to such owners shali be given by publication in the manner provided in
subsection D of this section.
D. Public Hearin� - City Council. After receipt of the final report from the
Planning and Zoning Commission, a public hearing shall be held by the City
Council before adopting any proposed amendment, supplement, or change.
Notice of such hearing shall be given by publication one time in a paper of
general circulation in the city, stating the time and place of such hearing,
which time shall not be less than fifteen (15) days no more than thirty (30)
days from the date of publication.
Further notice shall be given by erection of a sign on the property affected
by the proposed change stating the time and place of hearing. The sign shall
be erected not less than 10 days before the hearing.
However, the City Council may, after giving published notice required herein,
hold such public hearing jointly with the Planning and Zoning Commissian, but
the City Council shall not take action until it has received the final report
from the Planning and Zoning Commission.
E. Vote Required in the Event of Non-Approval cr Protest. Unless such
proposed amendment, supplement, or change has been approved by the
Planning and Zoning Commission or in case of a protest signed by the owners
of 20% or more either of the area of the lots included in such proposed
change, or those immediately adjacent to the rear 4hereof extending 200 feet
therefrorn, all of those direcily opposite thereto extending 200 feet from the
street frantage of such opposite lots, such amendment shall not become
effective except by the favorable vote of 5 members of the City Council.
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SECTION 16. PROVISIONS OF ORDINANCE DECLARED TO BE MINYMUM
REQUIREMENTS
In their interpretation and application, the provisions of this ordinance shall be held
to be minimum requirements, adopted for the protection of public health, safety,
morals, or general welfare. Whenever the requirements of this ordinance are at
variance with the requirements af any other lawfully adopted rules, reg�lations,
ordinances, res�trictions, or covenants, the most restrictive or that which imposes
the higher standards shall govern,
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SECTION 17. COMPtAIN?S REGARDING VIOLATION5
Whenever a violation of this ordinance occurs, or is alleged ta have occurred, any
person may file a written complaint; such complaint stating fully the causes and
basis thereof shall be filed with the Administrative Official. He shall record
properly such complaint, immediately investigate the same at the earliest
reasonable time, and take action thereon as provided by this ordinance.
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SECTION 18. PENALTIES FOR VIOLAI'IONS
Any person who violates any of the provisions of this ordinance or who fails to
comply therewith or with any of the requirements thereof, including violatians of
conditions and safeguards established in connection with grants of variances or
specific uses, or who erects or a.lters any structure, or who commences to erect or
alter any structure in violation of any detail statement of plan submitted or
approved thereunder, shall for each and every violation or non-compliance be
deemed guilty of misdemeanor and, upon conviction, fined not more than One
Thousand Dollars ($1,000.00), and each day such violation continues shall constitute
a separate offense. The owners of a building, structure, or premises, or part
thereof, where anything in violation of this ordinance be placed or shall exist, and
any architect, builder, contractor, agent or corporation employed in connection
therewith who may have assisted in the commission of any such violation shall be
guilty of a separate offense and, upon conviction, shall be subject to the penalties
herein provided.
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SECTION 19. SEVERABILITY
Should any section or provision of this ordinance be adjudged invalid or
unconstitutional, such decision shall not affect the valadity af this ordinance as a
whole or any part thereof other than the part so declared to be invalid or
unconstitutional.
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SECTION 20. DEFINITIONS
For the purposes of this ordinar�ce, certain terms or words used herein shalf be
interpreted as foilows:
The word "person" includes an individual, firm, association, organizatian,
partnership, trust, company, or corporation.
The present tense includes the future tense; the singular number includes the
plural; and the plural number includes the singular.
The word "shall" is mandatory; the word "may" is permissive.
The words "used" and "occupied" include the words "intended, designed, or arranged
to be used or occupied."
The word "building" includes the word °'structure."
The word "lot" includes the words "plot" or °'parcel."
A. Accessory Use of Structure. A use or structure on the same lot with, and of
a nature customarily incidental and subordinate to the principal use or
structure.
B. Apartment House. Any building or portion thereof used as a multiple
dwelling for the purpose of providing three (3) or more separate dwelling
units which may share means of egress and other essential facilities.
C. Automobile Graveyard. Automobile graveyard means an establishment or
place of business that is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or
motor vehicle parts.
D. Building. Any structure designed or built for the support, enclosure, shelter,
or protection of persons, animals, chattels, or property of any kind.
E. Buildin� Area. The surface of the lot covered or occupied by all structures
placed thereon, excluding only driveways, walkways, and uncovered patios.
F. BuildinQ Line. A dine parallel or approximately parallel to the street line and
beyond which buidings may not be erected.
G. Child Care Center. Any place, home, or institution which cares for four (4)
or more children under the age of sixteen (16) years apart frorr� their parents,
guardians, or custodians for regular periods of time for compensation;
provided, however, that the term "child care center" shall not include or
apply tu bona fide schools, custody fixed by a court, children related by blood
or marriage within the third degree of the custodial person, or churches and
other religious or public institutions caring for children within an institutional
building.
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H. Cluster Housin� Development. A residential development containing
attached or detached units on a limited portion of land with the remaining
land areas consolidated into common open space areas.
I. Comprehensive Plan. Graphic and textual form policies which govern the
future development of the City and which consists of various components
governing specific geographic areas and functions and services of the City.
J. Density. Living units per acre in a platted subdivision. Pertains to total
platted acreage, including streets.
K. Dwelling, Single Family. A detached building having accommodations for and
occupied by not more than one (1) family.
L. Dwellin�, Two Family. A detached buiiding having accommodations fa and
occupied by not more than two (2) families. In calculating minimum lot area,
a two-family dwelling shall be considered to be two dwelling units.
�3. DwellinQ, Multiple Family. Any building or portion thereof, which is
designed, built, rented, leased or intended to be occupied as three (3) or more
dwelling units a apartments and which includes facilities for food
preparation and sleeping.
N. Dwelling Unit. A building or portion of a building which is arranged,
occupied, or intended to be occupied as living quarters for one family.
O. Famity. One or more persons related by blood, adoption, or marriage, living
together as a single housekeeping unit, exclusive of household servants. A
number of persons not exceeding two living together as a single housekeeping
unit though not related by blood, adoption, or marriage, shall be deemed to
constitute a family.
P. Hcme Occupation. �ny occupation or activity conducted within a dwelling
unit which is clearly incidental and subordinate to the use of the premises for
dweiling purposes; provided that:
1. No retail business of any sort is involved.
2. No stock in trade ls kept nor commodities sold except those made or
used on the premises.
3. Only members of the family residing on the premises are employed.
4. N o internal or external alterations, special construction, or features are
involved.
5. There is no advertising of any type either on premises or by published or
printed matter and of no other display or storage of materials or
exterior identification of the home occupation or variation from the
residential character of the main building or any accessory buildings.
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6. 1Vo equipment is used which creates offensive noises, vibrations, sound,
smoke or dust, odors, heat, glare, x-ray or electrical disturbances to
radio or television.
7. Repair of racing automobiles shall not be permitted.
8. A child care center as defined in Paragraph G, Section 20, is not
recognized as a home occupation.
Q. Lot Measurements.
1. Depth: The distance between the mid-point of straight lines connecting
the foremost points of the side lot lines in front and the rear most
points of the side lot lines in the rear.
2. Width: The distance between straight lines connecting front and rear
lot lines at each side of the lot, measured across the rear of the
required front yard; provided, however, that width between side lot
lines at their foremost point (where they interse�t with the street lines)
shall not be less than 90 percent of the required lot width except in the
case of lots on the turning circle of cul-de-sac where the 90 percent
requirement shall not apply.
R. Junkyard. Junkyard means an establishment or place of business maintained,
used, or operated for storing, keeping, buying, or selling junk, for processing
scrap metal, or fa maintaining or operating an automobile graveyard. The
term includes garbage dumps and sanitary fills.
S. Parking Space, Off-Street. A space adequate for parking an automobile with
room for opening doors on both sides, together with properly related access
to a public street or alley and maneuvering room. Required off-street
parking areas for three or more automobiles shall have individual spaces
marked, and shall be so designed, maintained, and regulated that no parking
or maneuvering incidenta! to parking shall be on any public street, walk, or
ailey, and so that any automobile may be parked and unparked without
moving another.
For purposes of rough computation, an off-street parking space and necessary
access for maneuvering room may be estimated at 300 square feet, but off-
street parking requirements will be considered to be met only when actual
spaces meeting the requirements above are provided and maintained,
improved in a manner appropriate to the circumstances of the case, and in
accordance with all ordinances and regulations of the City.
T. Servants Quarters. An accessory building or portion of a main building
located on the same lot as the main building and used as living quarters for
servants empioyed on the premises and not rented or otherwise used as a
separate domicile.
U. Specific Use. A Specific Use is a use that would not be appropriate generally
or without restrictions throughout the zoning district but would, if controlled
as to number, area, location, or relation to the neighborhood, promote the
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property held, safety, welfare, morats, order, comfort, convenience,
appearance, prosperity, or general welfare. Such uses may be permitted in a
zoning district as special exceptions, if specific provisions for such special
exceptions is made in this ordinance.
V. Street. A public or private thoroughfare which �ffords a principal means of
access to abutting property.
W. Street Line. The right-of-way line of a street.
X. Structure. Anything constructed or erected with a fixed location on the
ground or attached to sornething having a fixed location on the ground.
Y. Structural Alterations. Any change in the supporting member of a structure,
such as bearing walls, columns, beams, or girders.
Z. Planned Unit Development. A district with development characterized by a
unified site development plan which may provide for a mixture or
combination of residential, recreation and open space, and commercial uses.
AA. Shopping Center. A group of commercial establishrnents which is planned,
developed, owned, and managed as a unit related in its location, size and type
of shops to the trade area that the unit serves.
BB. Townhouse, A row of three or more attached, one-family dwellings,
separated by vertical party or lot-line walls, and each having private
entrances.
CC. Yard. An open space, other than a couct, on a lot, unoccupied and
unobstructed from the ground upward except for fences and walls.
DD. Yard, Front. A yard extending acrbss the full width of the lot, the depth of
which is the minimum horizontal distance between the front lot line and a
line parallel thereto on the lot as specified in each zoning district.
EE. Yard, Rear. A yard extending across the full width of the lot, the depth of
which is the minimum horizontal distance between the rear lot line and a line
parallel thereto on the lot as specif ied in each zoning district. On corner
lots, the rear yard shall be considered as parallel to the sireet upon which the
lot has its least dimensions. On both corner and intericx- lots, the rear yard
shall in a!1 cases be at the opposite end of the tot from the front yard.
FF. Yard, Side. A yard between a building and the side lot line, extending from
the front yard or front lot line where no front yard is required, to the rear
yard. The width of the required side yard shall be measured horizontally
from the nearest point of the side lot line toward the nearest parfi of the
buiiding.
GG. Variance. A relaxation of the terms of this ordinance where such variance
will not be contrary to the public interest and as the result of the actions of
the applicant, a literal enforcement of the ordinance would result in
unnec�essary and undue hardship. As used in this ordinance, a variance is
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authorized only for height, area, and size of structure or size of yards and
open spaces. Establishment or expansion of a use otherwise prohibited shall
not be allawed by a variance, nor shall a variance be granted because of the
presence of non-conformities in the zoning district or uses in an adjoining
zoning district.
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SEGT ION 21. REPEAL OF CONFLICTING ORDINANCES, EF'FECTIVE DATE
All ordinances or parts of ordinances in conflict with this zoning
ordinance, or incansistent with the pravisions of this ordinance are
hereby repealed to the e�ent necessary to give this ordinance full
force and effect. This ordinance sha11 become effective on the date
' of final adoptian by the City Co�cil.
PASSED ON FIRST RF.ADING this 6th day of August, 1984.
PASSED ON SEODND READING this lOth day of September, 1984.
PASSED, APPROVED AND ADOP�D this 19th day of November, 1984.
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Robert W. Wicklander, Mayor Pro-Tem
A .
City Secretary
APPRfJVED AS TO �RM:
John Olson
City Attorney
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