HomeMy WebLinkAboutOrdinance No. 2017-23 (Title: An ordinance amending Appendix C "Zoning," Section 8, "Supplementary district
regulations," Subsection A, "Visibility at intersections in residential districts", Subsection
B, "Fences and walls and hedges" and amending Section 20, "Definitions", Subsection I I.,
"Fence".)-
ORDINANCE NO. 2017-23
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
SECTION 8, "SUPPLEMENTARY DISTRICT
REGULATIONS," SUBSECTION A. "VISIBILITY AT
INTERSECTIONS IN RESIDENTIAL DISTRICTS" AND
SUBSECTION B, "FENCES AND WALLS AND HEDGES"
AND SECTION 20, "DEFINITIONS", SUBSECTION I I,
"FENCE"; PROVIDING A PENALTY FOR VIOLATION IN
AN AMOUNT NOT TO EXCEED $2000, OR AS
OTHERWISE PROVIDED BY LAW; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances, specifically including Appendix C of the
Friendswood City Code, ("Zoning Ordinance")relating to land use and other circumstances and
WHEREAS, the City Council wishes to update and revise the requirements for fences
by adding an option for property owners to construct fences in their front yards if they have a
minimum of one hundred fifty (150) feet of lot width in addition to the two (2) acre minimum
requirement in the existing ordinance, and to amend the definition of fence and clarify the
ordinance regarding hedges, as reflected herein, to facilitate the orderly growth of the City of
Friendswood•, and
WHEREAS, the Planning and Zoning Commission of the City of Friendswood has
conducted a public hearing, received input from staff and has issued its final report
recommending the amendments referenced hereafter; and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted
a joint public hearing in the time and manner required by law; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. FINDINGS OF FACT.
The facts and matters set forth in the preamble of this Ordinance are hereby found to be
true and correct.
Section 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX
C, "ZONING", SECTION 8, "SUPPLEMENTARY DISTRICT REGULATIONS,"
SUBSECTION A. "VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS"
AND SUBSECTION. B, "FENCES AND WALLS AND HEDGES" ADOPTING THE
REVISED AND UPDATED SUBSECTIONS.
The City of Friendswood Code of Ordinances, Appendix C "Zoning", Section 8,
"Supplementary district regulations," Subsection A. "Visibility at intersections in residential
districts" and Subsection B. "Fences and walls and hedges" are hereby amended to read as
follows:
Appendix C
Zoning Ordinance
Ord 2017-23 2
Section 8. - Supplementary district regulations.
A. Visibility at intersections in residential districts. On a corner lot in any residential district,
hedges vegetation shall not be planted or allowed to grow in such a manner to materially
impede vision between a height of 21/2 feet and ten feet above the centerline 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,- and walls and hedges. Except as provided below, fences; and walls andkedges
are permitted in or along the edge of any required yard. However, no fence; or wall er-hedge
shall be constructed on any exterior side yard so as to constitute a hazardous visual obstruction to
traffic in any direction, and same must conform to subsection A., of this section. Additionally,
fences; and walls and hedges may only be constructed in front yards on lots adjacent to FM 528,
FM 2351, and FM 518 north of FM 2351 and south of FM 528 or on lots greater than two acres,
provided that no hazardous visual obstruction is created.. On residential lots, decorative,
transparent fences may be constructed in front yards on lots greater than two acres or that have a
minimum lot width of 150 feet at the street. Chain link and barbed wire fences are prohibited in
the front yards in residential districts. Additionally, all fences must be installed with the finished
side facing outward. Exception- any size lot may construct a fence when all adjoining lots facing
the same right-of-way or private street have existing compliant fences in the front yard.
Section 3. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX
C, "ZONING", SECTION 20, "DEFINITIONS", SUBSECTION I I, "FENCE"
ADOPTING A REVISED AND UPDATED SUBSECTION.
The City of Friendswood Code of Ordinances, Appendix C "Zoning", Section 20,
"Definitions," Subsection 11, "Fence" is hereby amended to read as follows:
Section 20. Definitions
I I. Fence.
animals. AU structure enclosing, demarcating or surrounding an area of ground to mark a
boundary, control access, or prevent escape, in part or in whole.
Section 4. INCORPORATION INTO THE CODE,PENALTY CLAUSE.
Ord 2017-23 3
n
This Ordinance is hereby incorporated and made a part of the Friendswood City Code of
Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such
Code under Section 1-14 "General penalty for violations of Code; continuing violations", and as
otherwise provided by law. Any person who shall willfully, intentionally, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of
violation shall constitute a separate offense. An owner may take advantage of the changes to the
buffering requirements without the need to provide a revised site plan, by requesting an
appropriate permit, if the requested change is limited solely to the buffering requirements made
on the basis of this Ordinance.
Section 5. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 6. SEVERABILITY.
In the event any clause, phrase, provision, sentence, or part.of this Ordinance or the
application of the same to any person or circumstances shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared
to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas,
declares that it would have passed each and every part of the same notwithstanding the omission
of any such part thus declared to be invalid or unconstitutional, whether there be one or more
parts.
Section 7. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 7th day of August,2017.
PASSED, APPROVED, AND ADOPTED on second and final reading this 11th day of
September,2017.
Ord 2017-23 4
Kevin M. Holland
Mayor
ATTEST:
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Melinda Welsh, TRMC U •:O•:
City Secretary ;p
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Ord 2017-23 5