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HomeMy WebLinkAboutOrdinance No. 132 . . � • .,. . , . , , e _ ____ , � , . . � -- . . �,_ • - ' � � � � t. ' .s �� � �-`'� � �� ,� , �- Z' / ��� � � � _ � � � �.- �� . c��/ n CITY OF FRIENDSWOOD, TEXAS � � , , ,,�,n � �.� �,� . �;,� ORDINANCE N0. 132 �'' �� c�- _ � ��""�,�---' ' p�q., � � , ���."� V� � � ,�_/d'"" �'°C�/['� J' „� � TAB LE 0 £ CONTENTS � ��� �s t� ��PAGE �,,,.. � SECTION 1 — PURPOSE OF ZONING ORDINANCE ��2�� �� --�' ,� �-�,7c�c, � �v . 6ECTION 2 — D£FINITIflNS ��;?/j2/� � ' � , $ECTION 3 — ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL 6 ZONING MAP SECTION 4 — RULES FOR INTEItPRETATION OF DISTRICT BOUNDARIES 6 SECTION 5 — APPLICATION OF DISTRICT REGULATIONS 7 SECTION 6 — A10N—CONFORMING LOTS, NON—CONFORMING (3SES OF LAND, NON— ? CONFORMING STRUCTURES, NON—CONFORMING USES 0�' STRUCTURES AND PREMiSES, AND NON—CONFORMING CHARACTERISTICS OF USE SECTION 7 — SCHEDULE OF DISTRICT REGULATIONS ADOPTED 10 SECTION 8 — 5UPPLEMENTARX DISTRTCT REGULATIONS 10 SECTTON 9 — ADMINISTRATION AND ENFORCEM�NT — BUILDING PERMITS At3D 11 CERTIFICATES OF ZONING CQMPLIANCE SECTION 10 — BOARD OF ADJUSTMENT: ESmABLISHMENT AND PROCEDURE 15 , SECTI013 11 — THE BOARD OF ADJUSTMENT: POWERS AND DUTIES 16 SEC?'ION 12 — APPEALS FROM THE BOARD OF ADJUSTMENT 17 SECTION 13 — DUTiES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTMENT, 18 CITY CDUNCIL, AND COURTS ON MATTERS OF APPEAL SECTION 14 — SCHEDULE OF FEES, CHARGES, AND EXPENSES I8 SECTION 15 — AI�ENDMENTS �,g SECTION 16 — PROVISIONS OF ORDII3ANCE DECLARED TO BE MINIMUHI 16 R£QUIREMENTS SEC2ION 17 — CONIPLAINTS REGARAING VIOLATIONS 18 SECTION 18 — PENALTIES FOR VIOLATION 18 SECTION 19 — SEVERABILITY CLAUSE lg S£CTION 20 — REPEAL OF CONFLICTING dRDINANCE; EPFECTIVE DATE 39 t t , , CITY OF FRIENDSWOOD, TEXAS ZONING ORDINANCE N0. 132 AN ORDINANCE OF THE CITY COUNCIL OF THE CI'I`Y OF FRIENDS4d00D, TEXAS PROVIDING POR AND ADOPTING COMPREHENSIVE RULES AND REGU- LATIONS GOVERNING ZONING; PROVIDING FOR BUILDING PERMITS AND FEES AND CHARGES THEREFORE; REPEALING ALL ORDINAPTCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATIONS HEREOF IN AN AMOUNT OF NOT LESS THAN ONE DOLLAR AA1D NOT MORE THAN TWO HUNDRED DOLLARS; MAKING EACH VIOLATION A SEPARATE OFFENSE; MAKING EACH DAY SUCH VIOLATION CONTINUES A SEPARATE OFFENSE; AND PROVIDING FOR INJUNCTIVE REMEDIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION 1. PURPOSE OF ZONING ORDINANCE The Zoning Regulations and Districts as herein established have been made in accordance with a Comprehensive Plan for the purgose of promoting the Health, SaPety, Mora].s and General Welfare of the City of Friendswood. They have .been designed to lessen the cqn- gestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the over-crowding of and; to avoid undue concentra- tion of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its pecnliar suitability for particular uses, and with a view of conserving the value of' buildings and encouraging the most appropriate use of the land throughout the City of Friendswood. SECTION 2. DEFINITIONS For the purposes of this Ordinance, certain terms or words used herein shall be inter- preted as follows: 1 Person includes a firm, association, organization, partnership, trust, company, or corp rao tion as well as an individual. 2. Present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. 3. The word shall means mandatory; the word may means permissable. 4. Used ar occupied include the words intended, designed, or arranged to be used or occupied. 5. Lot includes the words plot or parcel. 6. Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. '7. Building Area: The portion of a lot remaining after required yards have been provided. 8. Drive-In Restaurant or Refreshment Stand: Any place or premises used for sale, dis- pensing, or serving of food, refreshments or beverages in automohiles, including those establishments where customers may serve themselves and may eat or drink the footl, refreshments, or beverages on the premises. 9. Dwelling, Single-Family: A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. 10. Dwelling, Mobile Home: A detached residential dwelling unit designed for transpor- tation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidentai unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home. -1- . � _ . � . �' 11. Dwelling, Two-Family: A detached residential building containing two dwelling units, des�gned for occupanty by not mnre than two families. , 22. Dc�elltng, rlultiple-Family: A residential building des3.gned for or occupied by three or mor� families, with the nwnber of families in residerice not exceeding tHe number of dwel].ing units provided. 13. Dwellin� Unit: Orie room, or �o�ms connected tc►gether, constituting a separate, independent houseke�ping estabZishment for own�r occupancy, or rental or lease oA a weekly, monthly, nr langer basis, �nd physically separated from �ny other rooms or dwelling• unfta .tahich u►ay be iu the sama structure, arid containing it�dependent cookiag, living, sleeping and toilet facili.ties. 14. F�l�a Un,e or more persons oc�upying a single dwe].If.ng unit, provided that no such familq shall cantain over five persons �iot re3ated bq blood or marriage, but fuxther provided that ciomestic servantg employed an the gremises inay be ho�ised on the premises without being counted as a famil�► or families. 15. Fillin�Station and/or Service_Center: Buildings and premises where gaso3.ine, oil, grease, batteries, tires, and automobile accessories maq be supplied and dispensed at retail. Uaes permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, we].ding, storage of automobiles not in operat- ing condiCion, or other work involving noise, glare, fumes, smoke, or other character- istics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop. 16. Hoa�e Occupation: An occupation conducted in a dweZling unit, provided that; a. No person other than members of the famil.y residiag on the premises shall be engaged in such occupation; , b. The use of the dwelling unit for the home occupation shall. be clearly incidental and subordinate to its us�e for res�dential purposes by its occupants, and not more than 25 percent of the floor sYea of the dwellii�g �it shall be used in the conduct of the hame occupation; c, Ther� shall � no cha.nge in the outside appeatance o� the buildin� or pxemises, or other �ris�ble evfdet�c� of the conduct o£ such home occupation other than one sign, not exceeding one squ�re foot in area, non-illuminated, and mounted flat against the wall of the principal building; d. No home occupaCion shall be conducted in any accessory building; e. Any need for parking generated by the �onduct of a home occupatian shall be met off the street and other than in a required front yard. f. No equipment or process �hall be used in such home occupation which creates noise, vihration, glare, fumes, odors, or electrical interference detectable to the normal senses off the loC, i£ the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-fami].y residence. In the case of electrical interference, no equipment or process sh�11 be used which creates visual or audible interference in any radio or televis3on receivers off the premises, or causes fluctuations in line voltage off the premises. 17. Loading Space� Off-Street: Space logically a�d conveniently located for bullc pick-ups and deliveri.es, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking gpaces are filled. Required off-street loading space is not to be included as off-street parking space in cvmputaCion of required off-street parking spa�e. 18. Lot: For purposes of this ordinance, a lot is a parcel of land of at least sufficient s3.ze to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as axe herein required. Such lot shall have frontage on a public street or an approved grivatie street, and may consist of: a. A single Iot of record; b. A portion of a lot of record; -2- c. A combination of complete lots of record, of complete lots of record and portfons of lots of record, or of portions of lots ot record; d. A parcel of land described by metes and bourids; provided that in no case of division or combination shall any residual 1ot or parcel be created which does not meet the requirements of this ordir►ance. 19. Lot Fronta�e: The front of a lc�t shall, be construed to be the portion neares� the street. For the purposes of determining ya�d requirements on corner lots and �hrough lots, all sides of a lot ad'acent to stree�s shall be considered fronCa e and yards shall be pro�rided as indicated under yards of this section 20. LoC Measurements: a. De�th of a lot shall be considered to be Che distance between the midpoints of straight lines connecting the foremost points o€ the side ].ot lines in front aad the rear-taost points of the side Iot lines in the rear. b. Width of a loC shall be considered to be the distance between straight Zines 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 in the foremost points (wltere they intersect wiCh the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80 �iercent requireu�ent shall not apply. 21. Lot of Recard: A lot which is part o£ a subdivision recorded in the office of the County Clexk, or a lot or parcel descxibed by u�etes and bounds, the description of which has been so recorded. 22. Lot Tyyes; a. Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutt�.ng on a curved street or streets shall be considered a corner lot if straight Iines drawn from the foremost points of the side lot lines to the fore- most point of the lot meet at an interior angle of less than 135 degrees. b. Interior lot, defined as a 2ot other than a corner lot with only one frontage on a street. c. Throu�h lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. d. Reversed Frontage lot, defined as a Iot on which Che frontage is at right angles or approximately right angles (interior angle less than Z35 degrees) to the general patCern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot. 22. Outdoor Advertising Business: Provision of outdoor displays or display space on a lease or rental basis on7.y. 23. Parking Space, Off-Street: For the purpose of this ordinance, an off-street paricing space shaYl consist of 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 al.ley and maneuvering room. Required off-street parking area for three or more sutomobiles shall have indiv3.dua1 spaces marked, and sha11 be so desigssed, tnaintained, and regulated that no parkiag or maneuvering incidental to parking shall be on any public street right of way, walk, or alley, and so that any automobf.le may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at a mi.nimum of 300 square feet per car, but off-street parking requirements will be considered to be met oniy 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 ail ordinances and regulations of the City. -3- 24. Sign: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however that the following sha�l not be included in the application of the regulations herein: � a. Signs not exceeding one square foot in area and bearing only property numb�rs, post box numbers, na�es af occupants of premises, or other identification qf premises not having commercial connotations; b. Flags and insignia of any government except when displayed in connection w�th comercial promotion; c. Legal notices, identification, informational, or directional signs erected or required by governmental bodies; d. Iategral decorative or architectural features of buildinds, except letters, trademarks, nnoving parts, or moving lights; e. Signs directing and guiding traffic and garking on private property, but bearing no advertising matter. 25. Signs, Number and Surface Area: For the purpose of determining number of signs, a sign shall he considered to be a single display surface or displaq device containing e].ements organized, related, and composed to form a unit. Where matter is dispZayed in a random manner wfthout organized relationship of elements, each element shall be considered to be a single sign. The surface area of a si�n shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms compYising all of the display area of the sfgn and including a11 of the eZements of �he tnatter dis- played. Frames and structufal membe�s not b�aring ad�ertisi�g ma�ter shall not be included in com�ut�tion of surface area. 25. Sign, On-Site: A sign relating in its subject matter to the premises oa which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. 27. Sign, Off-Site: A sign other than an on-site sign. 28. Special Exception: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if conCrolled as to number, area, iocation, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses Yaay be permitted in such zoning division or district as apecial exceptions, if specific provisian for such special exceptions is made in this zoning ordinance. 29. Streetz Approved Private: A private easement determined by the Planning Commission to be adequate for all purposes of access. 30. Street Line: The right-of-way line of a street. 31. Structure: Anything constructed or erected wiCh a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels. 32. Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational. purposes, having a body width not exceeding eight feet. 33. Variance: A variance is a relaxation of the terms o£ the zoning ordinance where such variance will not be cantrary to the public interest and where, owing to conditions peculiax to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in nnnecessary and undue hardship. As used in this ordinance, a variance is authorized on].y 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 allowed by variance, nor shall a variance be granted because of the presence of non-conf ormi.ties in the zoning district or uses in an adjoining zoning district. -4- 34. Yard: A required open space other than a court occupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however that fences, walls, poles, posts, a�d other custou�ary yard accessories, orna�ente, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of vi�ibilitiy. 35. Yard, Front: A yard extending between side lot lines across the front of a lot adjoining a public street. In any require� fxont, yard, no fence or wall shall be permitted which �aterial�y impedes vision �cross such yard above the height of 30 inches, and no hedge ar oth�x vegetation sha11 be permitted which ma.terially impedes vision across auch yard between the heights of 30 inches and 10 feet. In the case of through 2ots, unless the prevailing front yard pattern on adjoinin� lots indicates otherw3se, front yards shall be provided on a11 frontages. Where one of the front yards that would normaZly be required on a through lot is not i� keeping with Che prevailing yard pattern, the administrative official may waive the r�quirement far the normal f�ont yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on ad3acent lots. In the case of �orner lots which do noC have reverse frontage, a front yard of the required depth shall be provided in acco�dance with the prevailing yard pattern and a second front yard of half the dept� requited generally for front yafds in Che district sh�ll be pxovided on the other frontage. In the case of reversed fxontage co�ner lots, a front yard of the required depth shall be provided on either fronta�e, and a second front yard of half the depth required generally for front yards in the district shall be provided on Che other frontage. ' In the case of corner lots with_mor� than two frontageg, the admin�strative official shall determine Che front yard requirements, subject to the follawing limitations: a. A� leas� dne front yard shall be provided having t�e full depth required generally in the district; b. No othex frdnt yard on such lot sha11 have le�s than half the full depth required generally. Depth of requixed €xont yard shall be measured at right angles to a straight line �oining the foremost points of the side lot lines but in no case shall be less than 15 feet from the front property iine. The £oremosC point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Frant and rear front yard lines shaZl be parallel. 36. Yard, Side: A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of a�ny ciearly defined rear lot line to the pofnt on the 1ae farthest - from the intersecCion of the lot line iavolved with �he public street. In the case of through lots, side yards sha1Z extend from the rear lines of fzont yards required. In the case of corner 1ots, yards remaining after full and half-depth front yards have been established shall be coasidered side yards. Width af a required side yard sha11 be measured in such a manner that the yard esCablished is a strip of the minimum width required by district regulations with its inner edge parallel with the side lat Zine. 37. Yard, Rear: A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there ta�ll be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a str.ip of the minimu� width required by disCrict regulations with its inner edge parallel with the rear lot Iine. 38. Yard, Special: A yard behind any required yard ad�acent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot Zine so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applfes. In such cases, the administrative official shall require a yard -5- _ ' , . ..+�.. h . �,.. . . � . , � , - . . t with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be loca#ed to the adjoining lot or lots, with due regard to the orientation and locafi ion of structures and buildable areas thereon. SECTION 3. ESTABLISHMENT OF AISTRICTS: PROVISION FOR OFFICIAL ZONING MAP 1. 4fficial Zoning t�ap - The City is hereby divided into zones, or districts, as shpwn on the Official Zoning Map which, together with all exp].anatory matter thereon, �.s hereby adopted by reference and declared to be a part of this Ordinance. The OfficiaZ Zoning Map shall be iiientified by the signature of the Mayor, attes�ed by the City 5ecretary, and bearing the s�al of the City under the following word$: "This is to certify that this is the Official Zaning Map referred �o in Section 3 of Ordinance Number 132 of the City of Friendswood, Texas" together with the date of the adoptian of this ardinance. If, in accorclance with the provisions of this Ordinance and Chapter 4, Vernon's Revised Civil Statutes, changes are made in district boundaries or other matter portraye¢ on the Official Zaning Map, such changes sr,all be entered on the Official Zoning Map withiri two weeks after the a�nendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "4n (date), by official actian of the City Council, the foll.owing (change) (changes) were made in the Officia]. Zoning �Iap: (brief descrip- tion of nature of change)" which entry shall be signed by the Mayar and attested bp the City Secretary. No amendment to this Ordinance which �.nvolves matter portrayed on the Offic�.al Zoning A�Iap shall become effective until after such change �nd entry has been made on said msp. No changes of any nature shal]. be made in the. Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this 4�'rdinance. Any utzauthQrized change of whatever kind by �ny person or persons shall be considered a violatic�n of this 4rdinance and punishable as provided under Section 18. Regardiess of the existences of purported copies of t:�e Official Zoning IvIap which may from time to time be made or published, the 4fficial Zoning P;ap which shall be located in the office of the City Secretary sha3.1 be the final authority as �o the current zoning district status of land and water areas, buildings, and other structures in the City. 2. Replacement of Official Zoning M� - In the event that the Officiai Zoning Map becomes damaged, destroyed, lost, or di£ficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Offieial Zoning F1ap which shall supersede the prior Official Zoning Map. The new Official 2oning Map t�ay correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correctian shall have the effect of amenaing the original Official Zoning Map or any subsequent amendment thereof. The new Official ?oning Map shall be identified by the signature of the i�4ayor, attested by the City Secretary, and bearing the seal of the City under the following words: "This is to certify that this Officia3. Zoning Map supersec3es and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. I32 of the City of Friendswood, Texas." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with a11 available records pertaining to its adoption or amendment. SECTION 4. RULES FOR iNTERPRETATION CF DISTRIGT BOiJNDARI£S Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall app3y: 1. Boundaries indicated as approximately foll.owing the center lines of streets, highways, or alleys shall be construed to follow such center lines; -6- 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such 1ot Zines; 3. Houndaries indicated as approximately follawing city limits shall be construed as following suGh city limits; 4. Boundaries indicated as �ollowing railroad lines shall be construed to be midway between the main tracks; 5. Boundaries indicated as following shore lines shall be construed to follow such �hore lines, and in the event of change in the shore line shall be construed as movin� with the actual shore line; boundaries indicated. as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be canst�ued to follow such center lines; 6. Boundaries indicated as parallel to or extensians of features indicated in subsections 1 through 5 above shall be so cons�rued. 7. Where physical or cultural features existin� on the ground are at varianee with �hose shown on the Official Zoning Map, ar in other circumstances not covered by subse�tions 1 through 6 atbove, the Board of Adjustment (Section l0a shall interpret the district boundaries; 8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the Board of Adjustment �ay permit, as a special excep- tion, the extension of the regulations far eit�er portion of the lot not to exceed 50 feet beyond the district line into the remaining portion af the 1ot. SECTION 5. APPLICATZON 0� DISTRICT REGULATIONS The regulations set by this Ordinance witAin each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided; 1. No building, s�ructure, or land sha2l hereafter be used or accupied, and no building or structure or part thereof shall herea�tsr be erected, construeted, reconstructed, moved, or structurally a2tered except in conforrnity with a31 of the regulations herein specified for the district in which it is loc�ted. 2. Na building or o�her structure shall hereaFter be erected or altered: a. To exceed the height or bulk; b. To accommodate or house a greater number of families; c. To occupy a greater percentage of lot area; d. To have narrower or smal.2er rear yards, frant yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this Ordinance. 3. No part of � yard, or other apen sg�ce, or off-street parking or �oading space required about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. 4. No yard or lot existing at the time of passage of this Ordinance shall he reduced in climension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance. 5. All territory which may herea:ter be annexed to the City of F`riendswood after the effec- tive date of tilis Ordinance sha].]., immediately upon such annexation, be automatically classified as an R-1 District until a zonin� plan for such area has been adopted by the City Council. The P2anning and Zoning Cammission shall recorrnnend to the City Counci2 appropriate zoning for the annexed area with�in three months after the effective date of such annsxation. SECTIQN 6. NON-CONF'ORMING LOTS, NON-CONFORMING USES OF LAND NON-CONFdRMING STRUCTURES NON-CONFORMING USES OF STRUCTJRES AND PREMI ES AI3A NON-C4I3FORMING CHARACTERESTICS OF USE a. lots b. structures c. uses of land and structures d. character3.stics of use _7_ , , . a. , � r . , which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non-conforrr�ities to continue until they are removed, but not to encourage their survival. It is further the intent of fihis Ordinance that non-cot�formities shall not be enlarged upon, , expanded, or extended, nor be used as grottnds for adding other structures or uses prohibited elsewhere in the same district. Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A non�conforming use of a structure, a non-conforming use of land, or a non-canforming use of structure and Iand in combination shall not be extended or enlarged after passage o� this Ordinance by attachment on a build�ing or gremises of additional signs intended to be seen from orf the premises, or by the addition of other uses, of a nature whicti would be prohibited generally in the district involved. To avoid undue hardship, nothing in this Ordinance shall be deemed to re�aire a change in the plans, construction, or designated use of any building on which actual construc- tion was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual eonstruction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substan�ially begun preparatory to rebuilding, such excavation or demolit�:an or removal shal.l be deemed to be actual construction, provided that work shall be carried on diligently. 2. Non-conforming Lots of Record - In any a�s�r�.�t in which single-fami].y dweilings are permitted, a single-fatnily dwelling and customary accessory buil.dings may be erected on any single Iot of record at the effective date of adoption or amendment of this Qrdinance, notwithstanding limitations imposed by other provisions of this Ordinance. Sdch lot must be in separate awnership at the time of adoption of this Ordinance and not of continuous �rontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the distric� in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ardinance, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any c3ivision of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance. 3. Non-Conformin Uses of Land (Or Land with Minor Structures Only) - Where at the time o 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 total replacement cost exceeding $I.,000, the use may he continued so long as it remains otherwise lawful, provided: a. No such non-conforming use sha21 be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance; b. Ko such non-conforining use shaiZ be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance; c. If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located. d. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land. 4. Non-Cvnforming Structures - Where a lawful structtare exists at the effective date of adoption ar amendtnent of this Ordinance that could not be built under the terms of this Ordinanee by reason af restrictions on area, Zot coverage, height, yards, its -8- location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity; b. Should such non-conforming structure or non-conforming portian of structure be destroyed by any means to an extent of more than 50 ger cent of replacement cost of the structure at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this drdinance; c. Should such structe�re be moved for any reason for any distance whatever, it shall thereafter conform to the regulatians for the district in which it is located after it is moved. 5. Kon-Conforming �ses of Structuras or ot St�uctures and Premises in Cotnbination - If lawful use involving individual structures with a total replacement cost of 1,000 or more, or of structure and premises in combination, exists at the effective date af adoption or amendment of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued sa long as it rema.ins otherwise lawful, subject to the following provisions: a. No 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, moved, or structurally altered except in changing the use of the structure to a use permifited in the district in which it is located; b. Ar�y non-conforming use may be extended throughout any parts of a building which u�ere manifestly arranged or designed for such use at �Che time of adoptiori or amendment of this Ordinance, but no such use shall. be sxtended to occupy any land outside such building; c. If no structural alterations are made, any non-confoa^ming use of a structure, or structure and premises, may as a special exception be changed ta another non- conforming use provided that the Board of Adjustment, ei�her by gener�l rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non- conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Ordi.nance; d. Any structure, or structure and land in eomhination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-confor+zning use may not thereafter be resumed; e. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; f. Where non-conforming use status applied to a structure and premzses in comb'ination, removal or destruction of the structure sha11 eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 per cent of the replacement cost at time of destructian. 6. Repairs and Maintenance - On any non-conforming structure or portion of a strucfiure containing a non-confortning use, work may be done in any period of 12 consecutive months on ordinary repairs, or on re�air or rep3acement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 per cent of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it becomes non-con�orm- ing sha11 not be increased. -9- ' . ...�.1 1 . , �. � .. � .. . . �� . " �. . .. . .� . . . If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reaso� of physical condition, it shai2 not thereafter be resfiored, repaired, or rebuilt. exeept in conformity with the reguZations of the district in which it is located. Nothing in this Ordinanee shall be deemed to prevent the stren$thening or restoring to a safe condition of any building or part thereof declared to be unsafe by an offieial charged with proteeting the public safety, under order of such official. 7. Uses Ltnder Special Exception Provisions Not Non-Conforming Uses - Any use which �.s per�mitted as a specia]. exception in a dis-Crict under the terr.� of this Ordinance (other than a change through Board of A��ustment action from a non-conforming use to another use not generally permitted in the district) shall not be deemed a non- canforming use in such district, but shall without further action be considered a conforming use. SECTION 7. SCHEDULE OF DISTRICT REGULATIONS AAOPTED District regulations shall be as set forth in the Schedule of District Regulations, hereby adopted by reference and declared to be a gart of this Ordinance, and in Section 8 0� this Ordinance, entitled "Supplementary District Regulations." The several district�s hereby established and into which the City is divided are designated as follows; R-1 Dist�ict Si�ngZe-Family Residential District R-2 District Multiple-Family Residential District R-3 District Mobile Home District C-1 District $usiness Distrzct M-1 District Light Industry District SECTION 8. SUPPL£MENTARY DTSTRICT R�GULATIONS 1. Visibility at Intersections in Residential Bistricts - On a corner lot in any residenfiial district, nothing shall �e ereeted, placed, planted or ailowed to grow in such a manner as materially to impede vision hetween a height of two and a half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line join?ng points along said street lines 50 feet from the point of the intersection. 2. Fences, Walls, and Hedges - Notwithstanding other provisions of this Ordinance, fences, walls, and hedges may be permitted in any required yard, or a].ong the edge of any yard, provided that no fence, wali, or hedge along the sides or front edge of any front y�ard shall be over two and one-half feet in height. 3. Accessory Buildings - No accessory building shall be erected in any required front yard. 4. Erection of More than One Principal Structure on a Lot - In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each structure as though it were on an individual lot. 5. Exceptions ta Height Re$u].ations - The height limitations contaa.ned in the Schedule af District Regulations do not apply to spires, belfri�s, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. 6. Structure to Have Access - Every building hereafter erected or moved sha1.Z be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide �afe and convenient access for servicing, fire protection, and required off-street parking. 7. Parking, Stora�e, or Use of Major Recreational Equipment - For purposes of these regulations, major :ecreational equipment is defined as including boats and boat trailers, travel trailers, pickug campers or coaches (designed to be mounted on automotive vehicles}, motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equiament shall be used for living, sleepinfi, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. -10- 8. Parking and Storage of Certain Vehicles - Automotive vehicles of any kind or type not in r�gular use or in driving condition or without current Iicense plates shall not be parked or stored on any property other than in completely enclosed bui2d�ngs. SECTION 9. ABMINSSTI2ATION AND ENFORCEM£NT - BUILDING PF.RMITS AND C£RTTFICATES OF 20NzNG COMPLIANCE l. Administra�ion and Enforcerrtent - An Administrative Official designa#ed by the Cit� •ouncil shall administer and enforce this Qrdinance. He may be provided with the assistance of such other persons as the City Council may direct. Tf the Administrative Official sha11 fznd that any of the provisions of this Ordi�ance are being violated, he shall notify by registered mail the person responsible �or� such vio�ations, indicating the nature of the violation and ordering the actian necessary to correct it. He shall order discontinuance of illegal use of land, build- �ngs, or struetures; removal of. iliega3 buildings ar structures ar of il�egal additions, atterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. 2. Building Permits Required - Pdo building or other structure shall be erected, moved, - added to, or structuraZly altered without a permit therefor, issued by the Administra- tive Official. No building permit shall be issued by the Administrative Official except in conformity with the provisions of this Ordinance, unles5 he received a written order from the Board of Ad3ustn:ent in �the form of an administra�ive review, specia], excepfiion, or variance as provided By this arainanoe. BuiZding permits sha11 not be transfar�ble. 3. A ].icatian for Bui?ding Permit - Al1 a�plications for building permits shall be ac�ompanie by p2ans in trzplicate drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of build- ings already existing, if any; and the location and dimensions of the proposed building or alteration. The app3.ication sha1.I include such other information as lawfully may be required by the Aci�ainistrative �fficial, including existin� or proposed building or alteration; existing or proposed uses af the building and l�nd; the nwnber qf families, housekeeping units, or rental units the building is designed to accommodate; conditions existzng, on the lot; and such other matters as may be' necessary to determine co�farmance with, and provide for the enforcemsnt of, this flrdinence. One copy of the plans �hall be returned to the applican� by the A3minaistrative Offieial, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. Two copies of the plans, similarly marked, shall ba xetained by the Administrative Official. for the Ci�y records. �+. Certifica�tes of Zonin Compliance for A1ew A].tered, or Non-Conforming USes - It shall be unlawful to use or occupy or perm t the use or occupancy of any buxlding or premzses, ox both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or er�larged in its use or structure unfiil a Certificate Af Zaning Compl.iance sh�il have been issued therefor by the Administra-Cive Official stating that the proposed use of the building or land conforms to the requirements of this Ordinanee. No non-conforming structure or use shall be maintained, renewed, changed, or extended until a Certificate oF Zoning CompZianee shall have been issued by the Administrative Officia].. The Certifieate of Zonin� Compliance sha11 state specifically wherein the non-canfarmi.ng use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this Ordinance, awners or occupants of non-con¢nrming uses or struc�tur�s shall hav� three tnonths to apply for Certificates af 2oning, Compliance. �'ailure to make such application within three months shall. be presumptive evidence that the property was ix� conforming use at the time of enactment or amendment of this 4rdinance. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a Certi�icate of Zoning Compliance, and the certificate shall be issued in conformity with the pravisions of this Ordinance upon completion of the work. A Temporary Certificate of 2oning Compliance may be issued by the Administrative Official for a period not exceeding six months durin� alterations or partial occupancy -11- of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The Administrative Official shall maintain a record of all Certificates of Zoning Compliance, and a copy shall be furnished upon request to any person upon payment of � fee established by the City Council. Failure to obtain a Certificate of Zaning Compliance shall be a violation of this Ordinance and punishable under Section 18 of this Ordinance. 5. Expiration of Buildin� Permit - If the work described in any building permit has not �egun within 90 days from the date of issuance thereof, said permit shall expire; it �hall be cancelled by the Administrative Official; and written notice thereof sh�l]. �e given to the persons affected. If the work described in any building permit has not beer, substantially complete� within two years of the date of issuance thereof, said permit sha31 expire and be cance],led by the Administrative Official, and �•mitten notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. 6. Permits are Non-Refundable. 7. Temporary Certificate of Zoning Complianee a. The purpose o� the regulations d�scribed in this subsection is to allow the proper integration into the City of uses wliich may be suitable only in specific lacations ii� a Zoning District anc� only fvr limited �ieriods of time. b. In addition to the Certificate of Zoning Compliance called for in Section 9 above, a Temporary Certificate of Zoning Compliance shall be required before the following temporary uses can be permitted in the district or districts indicated: PARKING RATIO TEMPORARY USE DiSTRICT None Auction Sales R, C, M None Automobile Parking iot: for special event R None Batching plant C 1/500 sq. f�. Carnival or circus C, M None Construction bui2ding and/or yard R, C, M c. A Temporary Certificate of Zoning Compliance is an exception to the Zoning Ordinance and allowable where the facts and conc3itions prescribed in the Ordinance as those upon which a Temporary Certificate of zoning Compliance may be granted are deter- mined by the Board of Adjustment to exist. d. The applicant, in applying to the Board of Adjust�►ent for a Temporary Certificate of Zoning Compliance, shall simply demonstrate that he meets the requirements of the particular use and district and need not show unnecessary hardship. e. The Administrative Official shall not issue a Certificate of Zoning Compliance for such uses that are hereafter created, changed, converted, or enlarged, either wholly or in part, until a Temporary Certificate of Zoning Campliance has been obtained from the Board of Adjustment in accordance with the Exceptions Procedures set forth in Section 11, Paragraph 2 (a). f. Application for a Temporary Certificate of Zoning Compliance shall be made by the property owner or certified agent thereof to the Board of Adjustment on forms prescribed for this purpose by the City Council. Such application shall be aacompanied by a plan as set forth in Section 9, Temporary Certificate of Zoning Compliance, revocable, conditionaZ and valid for a term period not to exceed six months, and may be issued by the Board of Adjustment for any of the uses or purpases for which such permits are required or permitted by the terms of this Ordinance. Granting of a Temporary Certificate of Zoning Compliance does not exempt the applicant from complying with the requirements of the Building Code or other ordinances. -12- � , . � , �., , , , � g. The fee to cover administrative costs o� � T�mpot��ry Gertific�t�� o� Zor�i�� Compliance application shall be as established by the City Council. h. In considering any application for a Temporary Certificate af Zoning Compliance, the Board of Adjustment sha11 give due regard to �he nature and condition of all adjacent uses and structures. The Board of Adjus�ment may deny an application for a Temporary Certifzcate of 2oning L'omp2ianee, ar.d, in granting or renewing a Temporary Certificate of Zoning Compliance, the Board of Adjustment may impose such requirements and conditions with respect to location, construction, *�ainten- ance, and operation, in addition to those expressly stipuiated in this Ordin�nce £or the particuiar use, as they rnay deem necessary for the protection ot adja�cent properties, and the public interest. i. Provide that the Board of Adjustment finds: (I) that the proposed structure or use conforms to the requirements and intent of this Qrdinance and the Comprehensive Plan, (2) that any additional conditions stipulated by the Board of Adjustment as deemed necessary in the public interest have been met, and (3) that such use will not, under the circumstances of the particular case, consti- tute a nuisance or be detrimental to the public weitare of the community, the Board of Adjustment sha11. issue � Temporary Certificate of Zoni.ng Complzance therefor. j. Following the issuance of a Temporary Certificate of Zoning Compliance by the Board of Adjustment, the Administrative Official shall issue a Certificate of Zoning Compliancs, as provided in Section 9 above, and shall ensure that develop- ment is undertaken and completea in compliance with said permi�s. 8. Spec�.fic Use Permits a. The purpdse af the regulations describe@ in this subsectivn is to a11ow the proper integration into the City of uses which may be suitable only in speci�ic locations in a zoning dist^ict. b. Tn addition to the Certificate of Zoning Compliance called for in Section 9 above, a Specific Use Permit shall be required before the following specific uses can be permitted in �he district or districts i.ndicated: PARKING RATIO SPECIFIC US£ DISTRICT None Cemetery or mauso2eum R 1/4 seats Church or other place of worship including parish R houses and Sunday Schools but excluding missions or temporary revivals 1/200 sq. ft. City, County, State and Federal Government R Administrative buiZdings 1/400 sq. ft. City, fire and po.�ice station R None Concessian stand within a park, playgraund or R playfield None Earth movin� and excavations degositing of construc- In any tion materials, clay, earth, gravel, minerals, rock, District sand, or stone on the �round 1/400 sq. ft. Electrical substation R 1/400 sq. ft. Gas Compressor or regulator station R 3/hole Golf course, but not including cammercial golf R games or �musemen� 1/3 beds Institution for children and aged � -13- PARKING RATIO SPECIFIC USE DISTRICT 1/3 beds Institution, correctio�al, detention, penal or R for use of insane, feeble minded; alcoholic or narcotic patients on a minimum site of 15 acres None Mining, including exploration for or production of In any gas or oil; extraction of clay, gravel or sand; District quarrying of rock or stone. 1I400 sq. ft. Public Library or museum R None Radio or television broadcasting transmitter In any or tower; microwave or relay tower District 1/3 beds Sanitorium R 1/1.5 emp. Schools; elementary, high, college and universi- In any plus 1/3 ties, public, private or denominational District licensed student drivers 1/1.5 emp. School Nursery, kindergarten, or day care for R children 1/200 sq. ft. Shopping center on a site of 5 acres or more R 1/400 sq. ft. Telephone exchange, but not including garage shop R or services c. A Specific Use Permit is an amendment to the district regulations of the Zoning Ordinance that pe�mits the permanent establishment of a specific use within a zoning district in which such specific use may be established. d. The Administrative Official shall not issue a Certificate of Zoning Compl�anCe for such uses that are hereafter created, changed, canverted or enlarged, either wholly or in paxt, until a Specific Use Permit has been obtained in aceordance with the Amendment Procedures set forth in Section 15. e. Application for a Specific Use Permit shal7. be made by the property owner or certified agent thereof to the Planning Commission on forms prescribed for this purpose by the City Council. Such application shall be accompanied by a plan as set forth in Section 9. Specific Use Permits, revocable, conditionai. or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Ordinance. Granting of a Specific Use Permit does not exempt the applicant from complying with the requirements of the Building Code or other ordinances. f. The fee to cover administrative and processing costs of a Specific Use Permit application shall be as established by the City Cour�cil. g. In considering any application for a Specific Use Permit, the Planning Commission shall give due regard to the nature and candition of all adjacent uses and structures. The Planning Commission may recommend disapproval of an application for a Specific Use Permit and, i.n recommending approval of a specific use permit the Planni}�g Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulafiions of the district in which the particular use is Iocated, as they may deera necessary for the protection of adjacent properties and public interest. h. The Planning Cammission shall make a favora�le recommendation in beha3f of the applfcaticr� ta tiy� Cit�r Cc�zncil�, F�vfr�e� tr.at the P2ann�n� Crnrmissicn fis�ds: (1) that the proposed structure or use conforms to the requirements and intent of this Ordinance and the Comprehensive Plan of the City; (2) that any additional conditions stipulated by the Planning Commission as deemed necessary in the public interest have been met; and (3) that such use wzll not ur.der the circumstances of the pa�rticular case constitute a nuisance or be aetrimental to the public welfare of the community. -14- i. Every Specific Use Permit granted by the City Council shall be considered as �an amendment to the Zoning Ordinance as applicable to such property. In granting such permit the City Council may irnpose conditions which shall be complied w�th by the grantee before a Certificate of Zoning Compliance may be issued by the Administrative Official for the use of the buildings on such property pursuant to said Specific Use Permit; and such conditions shall not be construed as conditions precedent to the granting of the Specific Use Permit; but shall be construed as conditior�s precedent to the granting of the Certificate of Zoning Compliance. j. Following the passage of a Specific Use Permit Ordinance by the City Council� the Administrative Official shall issue a Certificate of Zoning Compliance, �s provided in Section 9 above, and shall insure that development is undertaken and completed in accordance with said permits. 8. Construction and Use To Be as Provided in A lications, Plans, Permits, and Certificates o Zoning Com�iance - Building permits vr Certificates of �oning Compliance issued an the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction se# forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or constructio� at variance with that author�zed shall be deemed violation of this Ordinance, and punishable as provided by Section 18 hereof. SBCTTON 10. BOARD OF ADJUSTMENT: ESTABLISHMEN`T AND PROCEDURE A Board of Adjustment is hereby established, ��rhich shall consist of five members to be appointed by the City Council, each for a term of three years, provided that, when the first Board sha]1 be appointed hereunder, three members shall be appointed for one year and two members for two years. Members of the Board of Adjustment may be removed from office by the Ci�ty Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution o� the City Council for the unexpired term of the member affected. 1. Proceedings of the Board of Adjustment - The Board of Adjustment shall adopt rules necessary to th�'conduct of zts affairs and in keeping with the provisions o� this Ordinance. Meetings shall be held at the caZl of the Ghairman and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and eompel the attendaace of caitnesses. Al1 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 failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which �hall be a public record and be immediately filed in the office of the Board. 2. Hearings, Appeals, Notice - Appeals to the Board of Adjustment concerning interpreta- tion or administration af this Ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision af the Administrative Official. Such appeals shall be taken within 60 days by filing with the Administrative Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall. forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall fir, a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interesfi, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney, or may submit a written statement. 3. Sta� of Proceedings - An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is fi3.ed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be atayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Administrative Official from whom the appeal is taken and on due cause shown. -15- SECTION 11. THE BOARD OF AIhJUSTNlENT ; POWERS AND DUTIES The Board of Adjust�ent shall have the following powers and dufiies: 1. Administrative Review - To hear arid decide appeals where i� is alleged there is error �n any order, requirement, decision, or determination made by the Administrative Officia3. in the enforcement of this Ordinance. 2. Specia2 Exce tions: Conditians Governin A lications, Procedures - To hear and decide only such special exceptions as the Board of Ad ustment is speci ically authorized to pass an by the terms of this Ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptians when not in harmony with the purpose and intent of this Ordinance. A special exception sha3i not be granted by the Board of Adjustment unless and until.: a. A written app�.ication for a speeial exception is submitted indicating the sqction of this Ordinance under which the speciaZ exception is sought and stating the grounds on which it is requested; b. Notice is given at least 15 days in advance of public hearing. The owner o� the property for which special exception is sought or his agent shall be noti�ied by mail. Notice of such hearings sha�.l be posted on the property �or which speciaZ exception is sought, at the City Hall, and in one other public place at least 25 days prior to the public hearing; c. The public hearing is held. Any party may appear in person, ar by agent or attorney or by submission of a written statement; d. The Board of Adjustment has made a finding that it is empowered under the section of this Ordinance described in the application to grant the special exception, and that the granting of the specia7. exception will not adversely affect the public interest; e. The Boarc� has made written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable: (1) �ngress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic �low and control, at�d access in case of fire and catastrophe; (2) off-street parking and loading areas where required, with particular attention to �Che items in (1) above and the ecanomic, noise, g].are, or odor effects of the special exception on adjoining properties and proper�Eies generally in the district; (3) refuse and serviee areas, with particular reference to the items in (1} and (2) above; (4} utilities, with reference to 1.ocations, availability, ana compatibi3ity; (5) screening and buffering with reference to type, dimensions, and character; (6) signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibili�ty and harmony with praperties in the district; (?} required yards and other open space; {8) genera2 compatibility with adjacent praperti�s and other property in the district. 3. Variances; Conditions Governing Applications; Procedures - To authorize upon appeal in specific cases such variance as defined herein 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 provisicns of this Ordinance would result in unnecessary hardship. A variance from the terms of this Ordinance sha21 not be granted by the Baard af Adjustment unless and until: -16- SECT�ON 13. DUTIES OF ADMINISTRATIVE OFFICIAL BOARD OF ADJUSTMENT, CITY COUNCIL ANp COUR 0 ERS 0 APPEAL. It is the intent of this Elydinance that all questions of interpretation and enforcement shal� be first pres�nted to the Administrative Official, and that such questions shall be p�esented to the Board of Adjustment only on appeal from the decisian of the Adm3.n- istrative Official, and that recourse fram the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by Chapter 4, Vernon's Revised Civil Statutes. It is further the intent of this Ordinance that the duties of the Cifiy Cout�cil in connection with this Ordinance shall not include hearing and deciding questions af interpretation and enforcement that may arise. The procedure for deciding suah questions shall be as stated in this section and this Ordinance. th�der this Ordinance the City Council shall have only the duties (1) of considering and adopting or rejecting proposed amendtnents or the repeal of this Ordinance, as provided by law, and (2) of establishing a schedule of fees and charges as stated in Section 14, below. SECTION 1++. SCHED(lLE OF FEE5, CHARGES, AND EXPENSES The City Council shall establish a schedule of fees, charges, and expenses and a collec- tion procedure for Bu�lding Permits, Certificates of Zoning Compliance, appeals, and other matters pertaining ta thi� Ordinance. The schedule of fees shall be posted in the office of the Adtninistrative Official, and may be altered or amended only by the City Coancil. Untf1. all applicabl� fees, charges, and expenses have been paid fn full, no action shall be taken on any application or appeai. SECTION 3.5. AMENDMEN2S The regulations, restrictions, and boundaries set farth in this Ordinance may from time to time be amended, supplemented, changed, or repealed, provided however that no such action may be taken until after a pubiic hearing conducted by the Planning and Zoning Commission in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be pub�ished in a newspaper of general circulation in the City. When a proposed amendment affects the zoning classification of property, and in case a protest against such change is signed by the owners of 20 per cent or more either of the area of lots included in such proposed change, or of those i�nediately adjacent in the rear thereof extending 200 feet therefrom, or of those direct2y opposite thereto extending 20d feet from the street frontag� of such opposite lo#s, then such amendments shall not become effective except by the favorable vote of three-fourths of the City Council. SECTION 16. PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS In their in�Cerpretation and application, the provisions of this 4rdinance shall be held to be minimum requirements, adopted for the promotion of public health, safe�Cy, morals, or general welfare. Wherever the requiremeats of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern. SECTION 1?. COMPLAINTS RE�ARDING VIOLATIONS Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written camp3aint. Such complaint stating fully the causes and basis thereof shall be filed with the Administrative Official.. He shall record properly such complaint, i�nediately investigate, and take action thereon as provided by this Ordinance. SECTION 18. PENALTIES FOR VIOLATION Any person, firm or corporation violating any of the provisions of this Ordinance or failing to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detaiied statement or plat submitted and approved hereunder shall be gui2ty of a misdemeanor and upon conviction ot any such violation, �e fined not more than TWO HUNDRED ($200.00) DOLLARS. Each day that any vio2ation, as aforesaid, continues to exist shall constitute a saparate and distinct offense. The owner or owners of any building or premises or part thereof, where anything _Zg_ in violation of the Ordinance shall be p3aced, or which exists, and any architeat, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a sepa�rate offense and upon conviction sha31 be fined as hereinabove provided. As provided in Article 1011, et. seq. of Vernon's Annotated Civil Statutes of Texas, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance or any regulations made hereunder, the City of Friendswood, in addition to other remedies, may institute any appropriate action or groceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conver�ion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occu- pancy of such building, structure, or 2and, or to grevent any iilegal act, conduct, business, or use in or about such premises. SECTION 19. SEV�RABILITY CLAUSE Should any section or provision of this Ordinance be declared by the courts to be unconsti- tutional or invalid, such decision sha11 not affect the validity of the Ordinance as a whole, ar any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 20. REPEAL OF CONFLICTING ORDINANCES: EFFECTIVE DATE Al1 orda.nances or parts of ordinances in conflict with this Zoning Ordinance, or incon- sistent with the provisions of this Ordinance, are h�reby repealed to the extent neces- sary to give this Ordinance full force and effect. This ardinance shall become effective on date -19- a SCHEDULE OF _. Z4NING ORDINANCE DISTRICT REGULATIONS R-1 (SINGLE-FAMILY R£SIDENTIAL) DISTRIC'F R-2 (MULTIPLE-FAMILY RESIDENTIAL) DISTRICT R-3 (MOBILE HOME) PARKS AND SUHDIVISIONS C-1 (B(3SINESS) DISTRICT M-1 (LIGHT INDUSTRY) DISTRICT R-2 (SINGLE-FANiILY RESIDENTIAL) DISTRICT Purpose This district cohsists mainly of areas containing sin��.e-family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to all residentiai districts, the regulations of District R-1 are desxgned to encourage the provision of single-family detached dwellings in low density residential areas with a minimum lot area of 9,000 square feet. 1. Minimum requirements for lot area, width, and set-back. Set-Back Lot Area Lot Width ront Rear Side an Residential and Collector Streets 9,000 SF 75' ZS�a 25� �_1�2rb On Major Thoroughfares 9,b00 5F 75' 35'a 25' 7-1/2'c Note a: Y�ay be 20' where lot depth is less than 105' if appraved by th� Planning Commission. Note b: Shall be 15' where siding street. Note c: Shall be 25' where siding thoroughfare. 2. See Section 8 for Supplementary District Regul.ations, Exceptions and Parking Require- ments applying to the R-1 District. 3. See Section 9 for Temporary Certificate of Zoning Compliance that may be granted by the Board of Adjustment and Specific Use Permits that may be recommended by the City Planning Conanission within the R-1 District under certain circumstances and conditions. 4. Permitted Uses and Pax�ki.ng Requirements Permitted Uses Parking Ratio A single-family dwelling unit 1/unit Accessory building; servants quarters, garage or car pvrt, domestic storage N�� Field crops, horticulture, nursery, truck gardening, but not including retail sales on the premises None Golf course, but not including commercial golf games, ar amusement None PubZic park, playground or pla.yfield None Swimming pool, private None Tract offices and construction buildings which shall be removed upon completion or abandonment of construction work Nnne -20- Home occupations; any occupation that is customarily carried on at ' home that daes not i.nvolve a structural change in the dwelling tlnit pr in a building accessory to the dwelling unit, that does not re- quire the employment of help other than members of the immediate family, the installation of equipment or electric motors exceeding a tatal limitation of 3 horsepower per dwelling unit, provided how- �ver that the following uses shall not be permitted as customary home occupations: Any building in which chafitels or goods, wares or merchandise are commercially created, cl�anged, repaired, exchanged or sold; Barber or Deauty shops; Beauty culture schools; Commercia7. stab2es or kennels; Doctor's offices for the treatment of patients; and/ar the display of gaods. 5. Height Regulations No building shall exceed 35 feet or 2-112 stories in height. R-2 EMULTIPLE-FAMILY RESIDENTIAL) DISTRICT Purpose This district consists mainly of areas which contain some two-familp or multiple-famfly development or which are centrally located or suitable for ultimate two-family or multiple-family develapment. In addition to the general purposes applying to all resf- dential d3stricts,the regulations of District R-2 are designed ta encouragE the provision of conveniently located, centrally maintained renta]. accomodations. l. Minimum requirements far lot area, width and set-back. Set-baek Lo�C Area Lot Width f'ront Rear Side Single-family On Residential and Collector Streets or Two-family Dwelling 9,000 SF 75' 25�a 25� �_2�2,b On t3a�or Thoroughfares 9,000 SF 75' 35'a 25' 7-1/2'� On Residential and Collectvr Streets Multiple- 9,000 SF 75' 25'a �.5' ?-1/2'b Family Dwell- ing On Major '£horough�ares 9,000 SF 75' 35'a 15' 7_1/2'c Note a: May be 20' where lat depth is less than 105' if approved by the Plannin� Commission. Note b: Sha17. be �5' where siding street. Nate c: Sha11 be 25' where siding thoroughfare. 2. See Section 8 for Supplementary District Regulations, Exceptions and Parking Re- quirements applying to the R-2 District. 3. See Section 9 for Temporary Certificate of Zoning Compliance that may be granted by the Board of Adjustment and Specific Use Permits that may be reconnnended by the City Planning Commission within the R-2 District under certain circumstances and conditions. -21- . � . � , .. a. A written application for a variance is submitted demonstrating: (1,) That special conditions and circumatances exist which are peculiar to the land, structure, or building involved and which are not applicable to other 1ands, structures, or buildings in the same aistrict ; (2) That literal interpretation of the provisions of this Ordinance would de- prive the applicant of rights commanly enjoyed by other properties in the same district under the terms of this Ordinance; (3) That the special conditions and circumstances do not resuit from the actions of the applicant; (4) That granting the variance request will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, struc- tures, or buildings in the same district. No non-conforming use of neighboring land, structures, or buildings in the same district, and no permitted ori non-conforming use of lands, struetures, or build- ings in other districts shall be considered grounds for the issuance of a variance. �- b. Notice of public hearing is given as in.subsection 2 (b) above; c. The public hearing is held. Any party may appear in person or by agent or by at�orney; d. The Board of Adjustment finds that the requirements of Section 1Z (3) (a) have been met by the applicant for a varianc+�; e. The Board of �justment furtf�er makes a finding that the reasons set forth in the application justi�y the gmantit�g of a variance, and that the variance is the minimum variance that will. make possible fihe reasonable use of the land, building, or structure; f. The Board of Adjustment further maices a finding that the granting of the variance wi12 be in harmony with the general purpase and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the pub- lic we�fare. In granting any variance, the Board of Adjustraent may prescribe appropriate condi- tions and safeguards in conformity with this Ordinance. Violation of such condi- tions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violatian af this Ordinance and punishable under Section 19 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 by implication prohihited by the terms of this Ordinance in said district. 4. Board of Adjustment has Powers of Administrative Officia]. on Appeals; Reversing Deci �.s n of Administrative Official - In exercising the above met�tioned powers, the Boar o Adjustment may, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or part7.y, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, deci- sion, or determination as ought to be made, and to that end shall have the powers of the Administrative Official from whom the appeal is taken. The concurring vote of four members of the Board sha11 be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variance in the application of this Ordinance. SECTION 12. APPEALS FROM THE BOARD OF ADJUSTMENT Any person or persons, or any board, taxpayer, department, board, or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State and particular- ly by Chapter 4, Vernon's Revised Civil Statutes. -17- . , . 4. Permitted Uses and Farking Requirements Permitted Uses Parking Ratio Any use permitted in the R-1 District Duplex (two-family dwelling) 1/unit An apartment house, or housing project 1-1/2 /uni� Hospital; general, not including animal 1/3 beds Rooming, boarding house, and/or tourist home 1/unit 5. Other Required Conditions a. Site Plan. Where new dwelling construction or additions to an existing building in any district provide dwelling units for more than two families on a single lot or tract of land, a site plan shall be submitted to and appraved by ttte Administrative Official prior to the issuance of a Zoning Permit. b. The total floor area of any building or buildings on a lot in the R-2 District shall nat exceed 60 percent of the total number of square feet in the lot. c. Maximum Lot Coverage. The total gross area of the first floor of all main buildings measured from the exterior faces of exterior walls shall no�C exceed 35 percent of the gross area of the lot or tract of land. d. Density. In the R-2 District, multiple-family dwellings may be constructed on any iat provided that: The minimum land are� per family unit is not less than 1,500 square �eet. The maximum numher of dwelling units allowable on any lot where multiple- famil.y dwelling units are permitted shall be determined by dividing the total number of square feet in the lot by 1,500. e. Servants Quarters. 4dhen servants quarters are provided in districts where more than one dwelling unit is germitted, the servants quarters together with the total number of dwelling units on the lot or tract of land shall not exceed the total number of dwelling units permitted. f. Height Regulations. No building shall exceed 35 feet or 2�1/2 stories in height. 6. Minimum lot requirements for Townhouse Subdivi.sion Set-back � Lot Area Lot Width Pront Rear Side 2,500 SF 25'f a,d a b,c,e Note a: Building set-back lines of 25 feet shall be required on all lots fronting or backing on an access street. Note b: Building set-back iines of 15 feet shall be required on all lots siding on access streets or upon a plat boundary. Note c: No building lines shall be required on the sides of lots abutting interior streets, except where traffic safety or other factors necessi- tate the establishrnent of such set-back. Note d: Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a public street, said open or common court shail be at least forty (40) feet wide and not more than two hundred f200) feet long, measured from the public street upan which the court must open. Said court may not inc2ude vehicul.ar drives or parking area in front of dwelling units. Note e: Dwelling units shall be constructed up to side lot lines without side yards and windows shall not face a side lot line unless the side wall of the dwelling unit is at least 10 feet from the side lot line. -22- Note f: Lot size may be reduced under the provision thafi open spaca, as defined herein, be dedicated according to the following schedule: For every 1�0 feet of open space per lot provided, the minimum lot area may he reduced by 240 square feet and the width of the lot by two feet. No lot shall, horaever, have a lot area of less than 2,000 square feet or a width of less than 20 feet. (Example} Open Space Minimum Minimum Per Dwelling Unit Lot Area Lot Width 0 square feet 2,500 square feet 25 feet 100 square feet 2,300 square feet 23 feet 240 square feet 2,100 square feet 21 feet 254 squaxe feet 2,000 square feet 20 feet The dedication, the location, and the use of open space shall in all cases be subject to the approval of the Friendswood City Planning Commis- sion. R-3 (MOBILE HOME RESIDENTIAL) DTSTRICT Purpcse This, districC cansists mainly of areas which contain some mobile home development or which are suitable for u2timate mobile home develapment. In addition to the general purpases applying fio all residential districts, the regulations of District R�3 are designed to encourage the provision of canveniently located mobile homes in medium density residential areas. l. Minimun requirenents for lot area, width and set-�ack sha21 be governed by provis�ons af Friendswnod Ordinance No. 129 (t�iobile Home Ordinance) as it now exists or is h4re- after amended. 2. See Section 8 for Supplementary District Regulations, Exceptions and Parking Re- quirements applying to the R-3 District. 3. !�ee Section 9 for Temporary Certificate of �oning Compliance that may be granted by the Board of Adjustment and Sgecific Use Permits that may be recommended by the City Planning Commissioa within the R-3 District under certain circumstances and condi- tions. 4. Permitted Uses and Parking Requirements Permitted Uses Parking Ratio Any use permitted in the R-1 and R-2 �istricfis A mobile home dwelling 1-1/2 / unit 5. Other Required Conditions The provisions of Ordinance No. 129 (Mobile Home Ordinanoe) of the City of �iendswood, ?'exas, sha1l apply to District R-3. C-1 (BUSINES5) DISTRICT Purpose This district consists mainly of land occupied by ar suitable for neighborhood shopping facilities for the sale of "convenience goods" and the furnishing of certain per- sonal services to satisfy most of the daily needs of the adjacent residential neighbor- �IOOC�. The district also provides space and facilities for financial, adminis�rative, government and business services within the Central Business District. -23- 1. Minimum requirements for lot area, width at�d set-back. Set-back Lot Area Lot b�idth Front �tear 5ide C-1 5,000 SF 50' 30' 0'a 0'b,G Excep- 2,50a SF 25' 30' 0'� 0'b'� tions, CentraX Business District Note a: Shal2 be 15' where abuttin� an R District with a fence at l�ast 6 feet high lacated at property line. Note b: Shall be 30' where siding a sfireet or thoroughfare. Note c: Shall be 6' for one story buildi�g and 8` for a two-story building abutting an R District with a fence 6 feet high located at the property line. a. Residential development within the C-1 District. The lot area, lot width, den- sity and set-back regulations for residential structures within the C-1 District shall be the same as those in the R-2 District. 2. See Section 8 for Supplementary District Regulations, Exceptions and Parking Req�ire- �nents applying to the C-1 District. 3. Gee Section 9 for Temporary Certificate of Zoning Compliance that may be granted by the Board of Adjustment and Specific Use Permi�ts that may be recommended by the City Planning Comma.ssion within the G 1 District under certain circumstances and conditions. 4. Permitted Uses and Parking Requirements Permitted Uses Parking Ratio Air conditioning and heating 1/400 sq. ft. Any use permitted in an R-1 or R-2 Uistrict Ambulance service 1/1/5 emp. Appliance repairs 1/400 sq. ft. Art, supply store, ar.tiques, gallery or museum 1/200 sq. ft. Asserr�ly of' small eZectronic equipment Auditorium, arena, colixeum, or theater 1/3 seafs Automobile, accessory and supp3y stare 1/200 sq. ft. Automobile service station None Automobile parking 7.ot or garage None Automobile repair, rental or taxi storate ;done Automobi2e sales, new or used None Baker '-`' 1/200 sq, ft. ��'-�`��ank, 10 company 1J20� sq. ft. Barber shop or beauty parlor 1/100 sq, ft. Blue printing and similar reproduction processes 1I200 sq. ft. Rook store or lending libr•ary commercial 1/200 sq_. ft. Building materials 1/400 sq. ft. Business machines, sales/service 1/400 sq. ft. Bus station None Camera or photographic supplies store 1/200 sq. f�. Candy, nut, confectionery store 1/200 sq. ft. Caterer 1/200 sq. ft. Christmas trees and careaths None Clinic or office, medical 1J200 sq. ft. Clothing includin� formal wear and costumes 1/200 sq. ft. Club or lodge 1/400 sq. ft. Department stor� 1/200 sa,. ft. Drug stores 1/200 sq. �t. Dry cleaning, package plant, or pick-up station 1/200 sq. ft. Eating place e�closed �y =' �? I/300 sq. ft. Electrical Contractors ' ! Floor covering sales retail 1/400 sq. ft. Florist shop, greenhouse (Parking requirement does not include greenhouse cr open stock) 1/200 sq. ft. Food or grocery store i./200 sq. ft. �oad locker plant for consumer use 1f200 sq. ft. Funeral home or mortuary 1/3 seats �urniture, app2iances and custom upholstery 1/�00 sq. ft; Fur shop or hat shop 1/200 sq. £t. Gift, novelty shop 1/200 sq. ft: �ardware store and small tool renta2. ' • • 1J200 sq. ft, �abby shop or supply store i/200 sq. ft. Hotel 1/2 euiits _ Ice vending establishment None Institution nan�residential 1/�00 sq,. ft. Jewelry s�ore 1/200 sq. ft, Laborafiary, medical or dental 1./400 sq. ft. Laundry, package plant, pickup station or self-service iI200 sq. ft. Laan off5.ce or pawn shop 1/200 sq. ft. Lacksmith or key shop 1�2fla sq' ft' Manufacturing of haked goads, eandy, delicatessan foads and ice cream 1/400 sg. ft. Motel 1/c�nit Music store, phonograph records -sales ' ' 1/400 sq. ft. Newspaper distribution station None Office, any type 1l400 sq. ft. Opti.cal goods, optician, optometrist 1/200 sq. ft. 4rthopedic or medical shoe or applicance store and repair 1/400 sq. ft. Paint and �►allpaper store or decorators shop 1l2�� sq. ft. Pet shop 1/2Q0 sq. ft. Photographic, s'Cudio or store and photo processing 1j20� sq. ft. Physical culture and health studios 1/200 sq. ft. Plumbing fixture sales retail, wholesale and repair 1/400 sq. ft. Post Office 1I200 sq. ft. Radio, television or recording studio 1I200 sq. ft. Rehabilitatian center for handicapped persons 1/1.5 emp. Rental, regair or servica.ng of articles whose sale is permitted in the same district, unless more specificall.y listed elsewhere 1/200 sq. ft. School, commerci.al or trade, wrien not involving any danger of fire or explosion or offensive noise, vibration, dust, odor, glare, heat or other objectionable influences 2/400 sq. ft. Second-hand store or rummage shop i/200 sq. ft. Sewing machine sales retail 11200 sq. ft. Shoe repair shap or store ��2a4 S�• �• Sign business; illuminated or non-i].luminated, not to exceed 50 square feet in area and 25 feet in height which directs attention to a ca�modity or service conducted, sold, or offered upon the same lot �°n� Sporting goods store 1/20C? sq. ft. Stationery stare 1/200 sq. tt. Storage of goods or merchandise, used in, produced by or norma2ly carried in s�kock ia conjunction with permitted uses in the applicable district regulations 1/1000 sq. ft. Studio for professianal wark or far teaching any farm of fine arts, photography, music, drama, etc. 1/400 sq. ft. Swimming pool commercial. 112p0 sq. ft. Tailor shog seamstress, altering and repairing of wearing apparel 1/440 sq. ft. Taxidermist 1/400 sq. ft. Tel.ephone answering serwice 1/200 sq. ft. Telephone exchange, garage, shop or service I���fl S9,• ��• Toy stores 1i2b0 sq. ft. Veterinarian, indoor soundpraof kennels only 1/4U0 sq. ft. Watch repair 1/200 sq. ft. Wholesale office with storage limited to samgles 1l400 sq. ft. Wholesale Sales Office 5. Ot�er Required Conditions a. A site plan shali be submitted to and approved by the Adrainistrative Official prior to the issuance of a Certificate of Zoning Compliance for new eonstruction or additions to an existing building or structure for commerciai uses within the C-1 District. b. Height Regulations. No building shall exceed 35 feet or 2-1/2 staries in height. 25- � . ' ��� . � ' � � , � , , . ' � £,-0��,.. � M-1 {LIGHT INDUSTRY) DISTRICT Purpose Light industry use districts are designed to provide lar.d far a wide range of commercial and .�ndustriai activities subject to limitations intended to protect nearby residentia2 and �ommercial distri.cts and to protect the permitfied uses from one another. The M-1 Dist�ict consists mainly of areas occupied by or suitable for manufacturing, wholesale and Qther industrial activities, a21 of a non-nuisance type. ].. Minimum requirements for 1ot area, width and set-back. Set-back �,ot Area Lot Width Front Rear Side 1.O,Q00 SF 104t 25' 0'a 0'b Note a: Shall be 20' where abutting an R District with a fence at least 6 feet high located at property line. Note h: Shall be 15' where siding,street and 25' where siding thoroughfare. 2. See Section 8 for Supplementary Regulations and Exceptions and Parking Requirements applying to the M-1 District. 3. See Sectzon 9 for Temporary Certificate of Zoning Compliance that may be granted by the Board of Adjustment and Specific Use Permits that may be recommended by the City Planning Commission within the M-1 District under certain circumstances and : conditions. 4. Parking Regulations and Permitted t3ses a. If a use that is permitted in the C-1 District is establi�hed in the M-1 District, fihe parking requirements for that use shall be the same as required far that particular use in the district in which the use is specifically permitted. b. In the M-1 District, manufacturing, industrial, and processing establishments, repair shops, warehouses, and storage buildings, in addition to providing off- street facilities for the loading and unlaading of inerchandise and goods, shall provide one off-street parking space for each 1,000 square feet of general floor space, and one off-street parking space far each 400 square feet of office floar space. c. In the M-1 District, no land sha].1 be used and no building shall be erected fpr or converted to any use other than: Permitted uses A�y use permitted in the C-1 District except that no building shall be erected or converted for dwelling purposes, provided, however, that dwel3.ing quarters may be established in connection with any industrial plant for watchmen and caretakers employed on the premises and provided further that any existing dwe3.Iing within the M-1 District may be repaired or altered. Advertising d�.splays manufacture Automobiles, motorcycles, trucks or trailers, including parts, or rebui2ding of engines Baseball park, correnercial with the exception of: or asphalt, Batching or mixing glant� Portland cement, concrete, mortar or pZaster� commercial Bait store, live Boats, building or repair Books, binding, other than hand binding Hottling works, for a21 beverages Brooms and brushes ,26- • t ., . ,. . . � ' . ', � , , ` . Cameras or other photographic equipment and film Carpets manufacture and cleaning Ceramics, stone, glass, marble, and porcelain products Electrical appliances, equipment assembly, suppli.es, or similar preducts includi�g electrica2 machinery E].ectricai power generating station Food products, not including meat products or fish products, the slaughtering and/or greparatian thereof Fuizmiture and upholstery Heavy equigment, storage, repair and sales, earth moving Sce, dry or natura3. Laundry plant �Iachines, business, including typewriter, accounting machines, calcu].ators, card- counting equipment, or similar products Nfachinery, miscellaneous, including repairs Machine tools, including metal lathes, metal presses, metal stamping machines, woodworking machines or similar products Mattresses, including rebuilding cm renovating Musical instruments, including pianas or organs Orthopedic or medical agplicances, including artificial limbs, braces, supports, stretchers or similar �roducts Paper products, including envelopes, stationery, bags, boxes, shipping container�, bulk goods, tubes, wallpaper printing, or similar p�oducts Pharmaceutical products School, commercial or trade Sporting or athletic equipment Steel products, miscellaneous fabrication or assembly Textiles, spinning, weaving, manufacturing, dyeing, bleaching, printing, knit goods, yarn, thread or cordage Tools or hardware, including bolts, nuts, screws, doorknobs, drills, hand tools, or cutlery, hinges, house hardware, locks, non-ferrous metal castings, plumbing appliances, or similar products Toys and novel#y praducts Vehicles, children's, including bicycles, scooters, wagons, baby carriages or similar vehicles Venetian blinds, window shades, or awnings -27- 5. Other Required Conditions a. A site plan shall be submitted to and approved by the Administrative Official prior to issuance of a Certificate of Zoning Compliance. b. The maximum allowable building area in the M-1 District shall not exceed 75 per cent of the gross area of the lot or tract of land. c. Height Regulation. No structure shall be in excess of 100 feet in height unless set-back from the required yard lines an additional foot for each 4 feet in height above 100 feet. d. The expulsion of obnoxious or toxic gasses, liquids or solids shall not be permitted in any area. e. Excessive noises shall not be permitted in any area. PASSED ON FIRST READING THIS THE 2nd DAY OF March , 1970. PASSED ON SECOND READING THIS THE 16th DAY OF March , 1970 PASSED, APPROVED AND FINALLY ADOPTED THIS THE 6th DAY OF April , 1970. Mayor, City of Friendswood ATTEST: �nr , { ���' i . .• . A �s / � 1, ,r C' y 9��,�c tary '-c-- . = a : � w; ; '" :� • ��. � . . ; � % �` � ADDENDA � � , - � . 't �,f,�. �:�� * •. ,�,.r•' r�,` .• fAS �;' PROVED AND FINALLY ADOPTED on fourth reading, over the Mayor's a vote of four FOR, one AGAINST, at a Special Meeting of the City cil on April 13, 1970. Approved as to Final Procedure for Ado tion: _. >�. � � � � ' .i,, �,.-- Mayor �City of Friendswood ATTEST: ,� � ,:� City Secretary It11p��, � ��� �� ��. ��w���•.•O � � ,��� '��� : � ,� �� S�: � � n1, S �• Y � t . A � NY�: i r � ! ��� . � ` • ry41. ' ,'f F * ...� ��QI�`•;,`; � • J 'aM� �1 `haNr��rNN��,',, —2O'!