HomeMy WebLinkAboutOrdinance No. 291 . w , ' -
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FRI ENDS �� OOD ZO �f I NG OR ;� I NA ��� CE
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Adopted by :
The Friendswood City Council
November 7 , 1977
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CITY OF FRIENDSWOOD, TEXAS
ORDINANCE 291
TABLE OF CONTENTS
Section� Page
1 SHORT TITLE 2
2 ESTABLISHMENT OF DISTRICTS 2
3 PROVISION FOR OFFICIAL ZONING MAP 2
4 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES 3
5 APPLICATION OF DISTRICT REGUL�TIONS 4
6 NON-CONFORMING LOTS , USES OF LAND. STRUCTURES ,
USES OF STRUCTURES AND PREMISES AND
CHARACTERISTICS OF USE 5
7 SCHEDULE OF DISTRICT REGULATIONS
R-1 Residential g
R-2 Residential 10
R-3 Residential 11
R-4 Residential 12
R-5 Residential 13
R-6 Mobile Home 14
C-1 Commercial 15
C-2 Commercial 16
C-3 Commercial l�
C-4 Commercial lg
A-1 Agricultural lg
M-1 Light Industry 20
8 SUPPLEMENTARY DISTRICT REGULATIONS 23
9 ADMINISTRATION AND ENFORCEMENT - BUILDING
PERMITS AND CERTIFICATES OF ZONING COMPLIANCE
SPECIFIC USE PERMITS 23
10 BOARD OF ADJUSTMENT - ESTABLISHMENT AND
PROCEDURE 28
11 BOARD OF ADJUSTMENT - POGIERS AND DUTIES 29
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12 APPEALS FROM THE BOARD OF ADJUSTMENT 30
13 DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF
ADJUSTMENT� CITY COUNCIL, AND COURTS ON
MATTERS OF APPEAL 30
14 SCHEDULE OF FEES`, CHARGES , AND EXPENSES 30
15 AMENDMENTS 30
16 PROVISIONS OF ORDINANCE DECLARED TO BE 32
MINIMUM REQUIREMENTS
17 COMPLAINTS REGARDING VIOLATIONS 32
18 PENALTIES FOR VIOLATIONS 32
19 SEVERABILITY 33
20 DEFINITIONS . 33
21 REPEAL OF. CONFLICTING ORDINANCES ; EFFECTIVE
DATE 3'7
ORDINANCE N0. 291
AN ORDINANCE ESTABLISHING ZONING REGULL-�TIONS FOR THE CITY OF
FRIENDSWOOD, TEXAS ; REGULATING AND RESTRICTING THE USE , SIZE ,
HEIGHT, AND DENSITY OF BUILDINGS AND OTHER STRUCTURES , THE
PERCENTAGE OF LOTS THAT MAY BE OCCUPIED, THE SIZE OF THE YARDS ,
COURTS , AND OTHER OPEN SPACES , THE DENSITY OF POPULATION , AND
THE LOCATION AND USE OF BUILDINGS , STRUCTURES , AND LAND FOR
TRADE, INDUSTRY , RESIDENCES , AND OTHER PURPOSES ; DIVIDING THE
CITY INTO DISTRICTS AND USE AREAS ; ADOPTING A ZONING MAP SHOWING
THE LOCATION AND BOUNDARIES OF THE VARIOUS DISTRICTS AND USE
AREAS ; PROVIDING FOR EXCEPTIONS; PROVIDING REGULATIONS FOR
NON-CONFORMING USES; PROVIDING FOR THE ADMINISTRATION ENFORCE-
MENT, INTERPRETATION AND AMENDMENT OF THIS ORDINANCE ; PROVIDING
FOR A BOARD OF ADJUSTMENTS AND PRESCRIBING ITS POWERS AND
DUTIES; PROVIDING DEFINITIONS ; PROVIDING A PENALTY; PROVIDING
A SEVERABILITY CLAUSE; AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS , Chapter 283 , page 424 , Acts of the 40th Legislature ,
Regular Session , 1927 , as amended, compiled as Articles 1011a
through 1011J, Vernon ' s Texas Civil Statutes , empowers the City
to enace a Zoning Ordinance and to provide for its administration ,
enforcement , and amendment; and
WHEREAS , pursuant to such authority, the City has heretofore
enacted a Zon.ing Ordinance ; and
WHEREAS , the City Council now deems it necessary, for the purpose
of promoting the health, safeth, morals , and general welfare of
the City and its inhabitants , to repeal the existing Zoning
Ordinance and to enact a new one ; and
WHEREAS, the Zoning Commission has recommended the enactment of
a new Zoning Ordinance and the repeal of the present Zoning
Ordinance ; and
WHEREAS , as a basis for and in furtherance of such recommendation ,
the Zoning Commission has divided the City into districts and
has prepared regulations pertaining to such districts in accord-
ance with a comprehensive plan and design to lessen congestion
in the streets ; to secure safety from fire , panic, and other
dangers; to promote health and general welfare ; to provide
adequate light and air; to prevent the overcrowding of land, to
avoid undue concentration of population ; to facilitate the adequate
provision of transportation , water, sewage , schools , parks , and
other public requirements ; and
WHEREAS , the Zoning Commission has given reasonable consideration,
among other things , to the ch aracter of the districts and their
peculiar suitability for particular uses , with a view conserving
the value of buildings and encouraging the most appropriate use
of land throughout the municipality; and
WHEREAS , the Zoning Commission has made a preliminary report ,
has given due notice of hearings relating to zoning districts ,
regulations , and restrictions , has held such public hearings ,
and has submitted its final report to the City Council; and
WHEREAS , the City Council has given due notice of hearings relating
to such zoning districts , regulations , and restrictions , and has
held such public hearings ; and
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WHEREAS , all requirements of Chapter 283 , page 424 , Acts of the
40th Legislature , Regular Session , 1927 , as amended, and of the
ordinance of the City relating to the preparation of the report
and recommendation of the Zoning Commission and subsequent action
of the City Council have been met ; now, therefore ,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
SECTION l . SHORT TITLE
This ordinance shall be known and may be cited as "The City of
Friendswood Zoning Ordinance. r'
SECTION 2 . ESTABLISHMENT OF DISTRICTS
The City of Friendswood is hereby divided into the following
districts :
District Density (Living units per acre)
R-1 Residential 2 . 7
R-2 Residential 6 . 0
R-3 Residential 6 . 0
R-4 Residential 9 . 0
R-5 Residential 18 . 0
R-6 Mobile Homes 10 . 0
C-1 Commercial (Business District)
C-2 Commercial (Neighborhood Convenience Center)
C-3 Commercial (Professional Offices )
C-4 Commercial (Recreation)
A-1 Agricultural
M-1 Light Industry
SECTION 3 . PROVISION FOR OFFICIAL ZONING MAP
l. Official Zoning Map. The boundaries of the districts of the
City are shown on the Official Zoning Map, which, together
with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of this ordinance.
This Official Zoning Map shali be identified by the signature
of the Mayor, attested by the City Secretary and bearing the
seal of the City under the following words : "This is to certify
that this is the Official Zoning Map referred to in Section 3
of Ordinance No. , the City of Friendswood Zoning Ordi-
nance ," together with the date of the adoption of this
ordinance .
If, in accordance with the provisions of this ordinance and
Chapter 283 , Acts of the 40th Legislature , Regular Session,
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1927 , as amended, changes are made in district boundaries or
other matter portrayed on the Official Zoning Map , such changes
shall be entered on the Official Zoning Map promptly after
the amendment has been approved by the City Council , with an
entry on the Official Zoning Map as follows : "On (date) , by
official action of the City Council , the following changes
were made in the Official Zoning Map : (brief description of
nature of changes ) " which entry shall be signed by the Mayor
and attested by the City Secretary. No amendment to this
ordinance which involves matters portrayed on the Official
Zoning Map shall become effective until after such change and
entry have been made on said map.
No changes of any nature shall be made in the Official Zoning
Map or matter shown thereon except in conformity with the
procedures set forth in this ordinance. Any unauthorized
change of whatever kind by any person or persons shall be con-
sidered a violation of this ordinance. Regardless of the
existence of purported copies of the Official Zoning Map which
may be made or published from time to time , the Official Zoning
Map shall be located in the office of the City Secretary and
it shall be the final authority as to the current zoning status
of land areas , buildings , and other structures in the City.
2 . Replacement of Official Zoning Map. In the event the Official
Zoning Map becomes damaged , destroyed , lost , or difficult to
interpret because of the nature or number of changes or addi-
tions , the City Council may by ordinance adopt a new Official
Zoning Map which shall supersede the prior Official Zoning
Map. The new Official Zoning Map shall be identified by the
signature of the Mayor attested by the City Secretary , and
bearing the seal of the City under the following words : "This
is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted (date of adoption of
map being replaced) as part of Ordinance No. , the City of
Friendswood Zoning Ordinance. "
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 all avail-
able records pertaining to its adoption or amendment .
SECTION 4. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as shown
on the Official Zoning Map , the following rules shall apply :
l. Boundaries indicated as approximately following the center line
of streets , highways , or alleys shall be construed to follow
such center lines .
2 . Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines .
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3 . Boundaries indicated as approximately following city limits
shall be construed as following such city limits .
4. Boundaries indicated as parallel to or extensions of features
indicated in subsections 1 through 3 of this section shall be
thus construed. Distances not specifically shown on the
Official Zoning Map shall be determined by the scale of the
map.
5. Where physical or cultural features existing on the ground
are at variance with those shown on the Official Zoning Map,
or in other circumstances not covered by subsections 1 through
4 of this section , the Board of Adjustment shall interpret the
district boundaries .
6 . Whenever any street or alley is vacated by official action of
the City Council, the district adjoining each side of said
street or alley shall be automatically extended to the property
thus vacated and all area included in the vacation shall then
and henceforth be subject to all regulations of the extended
district or districts .
7 . Boundaries indicated as approximately following the center
lines of streams , rivers , canals , lakes , or other bodies of
water shall be construed to follow such center lines .
SECTION 5 . APPLICATION OF DISTRICT REGULATIONS
The regulations set by this ordinance within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure on land , and particularly , except as herein
provided:
1. No building, structure , or land shall hereafter be used or
occupied, and no building or structure or part thereof shall
hereafter be erected, constructed , reconstructed, moved or
structurally altered except in conformity with all of the
regulations herein specified for the district in which it is
located.
2 . No building or other structure shall hereafter be erected or
altered :
(a) to accommodate or house a greater number of families ;
(b) to occupy a greater percentage of lot area;
(c) to have narrower or smaller front yards , side yards , rear
yards , or other open spaces , than herein required; or
in any manner contrary to the provisions of this
ordinance.
3. No part of a lot area, yard or other open space , or off-street
parking or loading space required about or in connection with
any building or structure for the purpose of complying with
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this ordinance , shall be included as part of a lot area, yard,
open space , or off-street parking or loading space similarly
required for any other building or structure.
4. No lot or yard existing at the time of passage of this ordin-
ance shall be reduced in dimension or area below the minimum
requirements set forth herein. Lots or yards created after
the effective date of this ordinance shall meet at least the
minimum requirements established herein.
5 . All territory which may hereafter be annexed to the City shall
be considered to be in District R-1 until otherwise classified.
SECTION 6 . NON-CONFORMING LOTS, USES OF LAND, STRUCTURES , USES
OF STRUCTURES AND PREMISES , AND CHARACTERISTICS OF USE.
l. Intent. Within the districts established by this ordinance
or amendments that may later be adopted there may exist :
(a) lots
(b) structures
(c) uses of land and structures , and
(d) characteristics of use
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 amendments . It is the
intent of this ordinance to permit those non-conformities to
continue until they are removed, but not to encourage their
survival. It is further the intent of this ordinance that
non-conformities shall not be enlarged upon , expanded or ex-
tended , nor be used as grounds for adding other structures
or uses prohibited elsewhere in the same district.
Non-conforming uses are declared by this ordinance to be in-
compatible with permitted uses in the districts involved. A
non-conforming use of a structure , or of land, or of structure
and land in combination shall not be extended or enlarged after
passage of this ordinance by attachment on a building or
premises of additional signs intended to be seen from off the
premises , or by the addition of other uses , of a nature which
would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans , construction , or
designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or
amendment of this ordinance and upon which actual building
construction had been carried on diligently. Actual construc-
tion is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent
manner.
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2 . Non-Conforming Lots of Record., In any district in which single
family dwellings are permitted, a single family dwelling and
customary accessory buildings may be erected on any single lot
of record on the effective date of adoption or amendment of
this ordinance , notwithstanding limitations imposed by other
provisions of this ordinance . Such lot must be in separate
ownership and not of continuous frontage with other lots in
the same ownership. This provision shall apply even though
such lot fails to meet the requirements for area, width, or
depth, any or all , that are generally applicable in such dis-
trict , provided that yard dimensions and requirements , other
than those applying to area, width, or depth, any or all , of
the lot shall conform to the regulations of District R-l .
Variance of yard requirements shall be obtained only through
action of the Board of Adjustment .
If two or more lots or combination of lots and portions of
lots with continuous frontage in single ownership are of
record at the time of passage or amendment of this ordinance ,
and if all or part of the lots do not meet the requirements
established for lot area and width, the land involved shall be
considered to be an undivided parcel for the purpose of this
ordinance , and no portion of said parcel shall be used or sold
in a manner which diminishes compliance with lot area and width
requirements established by this ordinance , nor shall any di-
vision of any parcel be made which creates a lot with area or
width below the requirements established herein.
3 . Non-Conforming Uses of Land or of Land with Minor Struetures
Only. Where at the time of passage of this ordinance lawful
use of land exists which would not be permitted by the regula-
tions imposed by this ordinance , and where such use involves no
individual structure with a replacement cost exceeding $1, 000 ,
the use may be continued as long as it remains otherwise lawful ,
provided :
(a) No such non-conforming use shall be enlarged or increased ,
nor extended to occupy a greater area of land than was
occupied on the effective date of adoption or amendment
of this ordinance :
(b) No such non-conforming use shall be moved in whole or in
part to any portion of the lot or parcel other than that
occupied by such use on the effective date of adoption or
amendment of this ordinance :
(c) If any such non-conforming use of land ceases for any sub-
sequent use of such land shall conform to the regulations
specified by this ordinance for the district in which the
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.
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4 . Non-Con�orming Structures . Where a lawful structure exists
at the effective date of adoption or amendment of this ordi-
nance that could not be built under the terms hereof by
reason of restrictions or area, lot coverage , height , yards ,
its location on the lot , or other requirements concerning the
structure , such structure may be continued as long as it re-
mains otherwise lawful , subject to the following provisions :
(a) No such non-conforming structure may be enlarged or
altered in a manner 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
portion of structure be destroyed by any means to an
extent of more than 50 percent of its replacement cost
at the time of such destruction, it shall not be recon-
structed except in conformity with the provisions of
this ordinance .
(c) Should any such structure be moved for any reason for
any distance whatever, it shall thereafter conform to
the regulations for the district in which it is located
after it is moved.
5 . Non-Conforming Uses of Structures or of Structures and
Premises in Combination. If lawful use involving lndividual
structures with a replacement cost of $1 ,000 or more , or of
structure and premises in combination, exists at the effective
date of adoption or amendment of this ordinance , that would
not be allowed in the district under the terms of this ordi-
nance , the lawful use may be continued as long as it remains
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 permitted in the district
in which it is located.
(b) Any non-conforming use may be extended throughout any
parts of a building which were manifestly arranged or
designed or such use at the time of adoption or amend-
ment of this ordinance , but no such use shall be extended
to occupy any land outside such building.
(c) Any structure , or structure and land in combination, in
, or on which a non-conforming use is superseded by a
permitted use , shall thereafter conform to the regula�
tions of the district , and the non-conforming use may
not thereafter be resumed .
(d) When a non-conforming use of a structure , or structure
and land in combination, is discontinued or abandoned for
six consecutive months or for twelve months during any
three-year period, the structure , or the structure and
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land in combination, shall not thereafter be used except
in conformity with the regulations of the district in
which it is located.
(e) Where non-conforming use status applies to a structure
and land in combination, removal or destruction of the
structure shall 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 the time of destruction.
6 . Repairs and Maintenance . On any non-conforming structure or
portion of a structure containing a non-conforming use , work
may be done in any period of twelve consecutive months on
ordinary repairs , or on repair or replacement of non-bearing
walls , fixtures , wiring, or plumbing , to an extent not exceed-
ing 10 per cent of the current replacement cost of the non-
conforming structure or portion of the structure , as the case
may be, provided that the cubic content existing when it
became non-conforming shall not be increased.
7 . Specific Use Provisions Not Non-Conforming Uses . Any use
whlch is permitted as a speciflc use in a district under the
terms of this ordinance shall not be deemed a non-conforming
use in the district , but shall without further action be con-
sidered a conforming use .
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SECTION 7 . SCHEDULE OF DISTRICT REGULATIONS
R-1 RESIDENTIAL
PURPOSE : This district consists mainly of areas containing
single-family dwellings and of open. spaces where single-family
development appears desirable. In addition to the general pur-
poses applying to all residential districts , the regulations of
District R-1 are designed to encourage the provision of single-
family detached dwellings in low density residential areas with
a minimum lot area as specified below :
1. Minimum requirernents for lot area width and set�back:
Set-bacics
' Lot Area Lot Width Front'� Rear Sides^'`
On Residential & �'
Collector Streets �4 11,600 sf 90 ft. 25 ' 25 ' 10 '
On Maj or Thorough- ��;
fares ',I 11 ,600 sf 90 ft. 35 ' 25 ' 10 '
On Streets with I�
Open Ditches !' 15 ,600 sf 120ft• 25 ` 25 ' 10 '
On Thoroughfares
with Open Ditches �;'; 15 ,600 sf 1�0 ft . �� 35 ' 25 ' � 10 '
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�'�May be 20 ` where lo-t depth is less than 105 '� if approved by the
Planning and Zoning (:.'ommission.
���'�Shall be 20 ' where siding street and 25 '' wher�e siding a
thoroughfare.
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and Specific
Use Permits that may be recommended by the Planning and Zoning
Commission within the R-1 District under certain circumstances
and conditions.
4. Permitted Uses and Parking Requirements : -
Parking Ratio
A single-family dwelling unit 2lunit
Accessory building : servant quarters , garage or
carport , domestic storage None
Fie1d crops , horticulture , nursery , truck gardening,
but not including retail sales on the premises None
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Golf course , but not including commercial golf
games , or amusement 3/hole
Public park, playground or playfield None
Swimming pool, private None
Tract offices and construction buildings which
shall be removed upon completion or abandonment
of construction work None
Home occupations Any occupation that is
customarily carried on at home that does not
involve a structural change in the dwelling unit
or in a building accessory to the dwelling unit ,
that does not require the employment of help
other than members of the immediate family , the
installation of equipment or electrical motors
exceeding a total limitation of 3 horsepower per
dwelling unit , provided however that the follow-
ing uses shall not be permitted as customary
home occupation :
Any building in which chattels or goods , wares or
merchandise are commercially created, changed,
repaired, exchanged or sold ; barber or beauty shops ;
beauty culture schools ; commercial stables or
kennels ; doctor' s offices for the treatment of
patients ; and/or the display of goods .
5 . If the platted subdivision has a dwelling unit density equal
to or less than 2 . 7 per acre , the Zoning Commission may vary
lot widths or area on request from the developer.
R-2 RESIDENTIAL
PURPOSE : This district consists mainly of areas which contain
some two-family or multiple-family development which is centrally
located or suitable for ultimate two-family or multiple-family
development. In addition to the general purposes applying to
all residential districts , the regulations of District R-2 are
designed to encourage the provision of conveniently located,
centrally maintained rental accommodations . The density within
this district shall not exceed six ( 6 ) living units per acre .
l. Minimum requirements for lot area :
Two Multi- Set-backs .
Famil Famil Front Rear Side�� %'�%'�
On Residential &
Collector Streets'� 14 ,520 sf 7 ,260 sf 25 ' 25 ' 7-1/2 '
,
On Major Thorough- !
fares 14 ,520 sf 7 ,260 sf j� 35 ' 25 ' , 7-1/2 '
��Shall be 20 ' where siding a street .
^%�Shall be 25 ' where siding a thoroughfare. 10
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrati�e Official and
Specific Use Permits that may be recommended by the Planning
and Zoning Commission within the R-2 District under certain
circumstances and conditions.
4. Permitted Uses and Parking Requirements
Parking Ratio
Duplex (two-family dwelling) 2/unit
Apartment house or housing project 2/unit
Hospital, general, not including animal 1/3 beds
Rooming, boarding house , tourist home 1/unit
Any use permitted in R-1 District ; provided, however,
that �or uses permitted in R-1 Districts , all the
District Regulations for R-1 residential development
shall apply , including lot area, width and set-back
requirements , and parking ratio.
5 . Other Required Conditions
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 appro�ed by the Adminis-
trative Official prior to the issuance of a building permit .
R-3 RESIDENTIAL
PURPOSE: This district consists mainly of areas containing single
family and multiple family residential dwelling and of open spaces
where a living unit density of six C6) per acre appears desirable.
In addition to the general purpose applying to all residential
districts , the regulations of the R-3 district are designed to
encourage the provisions of varying lot areas and side set-back
within the subdivision and having an open or common area conti-
guous to all 1ots . The intent of these regulations are to allow
development of property which may have a limited area suitable
for residential development due to a partion of the property being
flood prone or adjacent to a district of a different zone.
l. Minimum requirements for lot area and set-back.
Lot Area: 7 ,260 sf per unit
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Set-backs
Front Rear Side
On Residential � Collector
Streets 25 ' 25 ' 5 '
On Thoroughfares 35 ' 25 ' 5 '
Where siding a stree#------------------------- 20 '
Where siding a thoroughfare------------------- 25 '
Where adjoining a different zone-------------- 15 '
NOTE : A developer may apply to the Planning and Zoning Commission
for approval of lot areas not in conformance with these
regulations provided the Commission finds that the purpose
of the district is best served by such approval.
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and Specific
Use Permits that may be recommended by the Planning and Zoning
Commission within the R-3 District Under certain circumstances
and conditions .
4 . Permitted Uses and Parking Requirements :
Parking Ratio
Planned unit development 2/unit
Hospital, general, not including animal 1/3 beds
Any use permitted in R-1 and R-2 Districts ; pro-
vided, however, that for uses permitted in R-1
or R-2 Districts all District Regulations for
R-1 or R-2 residential development , whichever
is applicable, shall apply , including lot area,
width and set-back requirements , and parking ratio.
R-4 RESIDENTIAL
PURPOSE : This district consists mainly of areas which contain
some multiple family residential development . In addition to
the general purpose applying to all residential districts , the
regulations of the R-4 District are designed to allow the provision
of conveniently located centrally maintained rental or townhouse
accommodations , the density of which shall not exceed nine (9 . 0 )
living units per acre.
l. Minimum requirements for lot area and width may vary.
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Set-backs
Front Rear Side
On Residential � Collector Streets 25 ' 0 ' 0 '
On thoroughfares 35 ' 0 ' 0 '
Where adjoining a different zone -------------- 25 ' 25 '
Where siding a street----------------------------------- 20 '
Where siding a thoroughfare ---------------------------- 25 '
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and
Specific Use Permits that may be recommended by the Planning
and Zoning Commission within the R-4 District under certain
circumstances and conditions .
4. Permitted Uses and Parking Requirements
Any use permitted in the R-1 , R-2 , and R-3 Districts ; provided ,
however, that for uses permitted in R-1 , R-2 or R-3 Districts ,
all District Regulations for R-1 , R-2 or R-3 , whichever is
applicable shall apply , including lot area, width and set-back
requirements , and parking ratio.
5 . Other Required Conditions
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 approved by the Adminis-
trative Official prior to the issuance of a building permit.
R-5 RESIDENTIAL
PURPOSE : This district consists mainly of areas which contain some
multiple family residential development. In addition to the
general purpose applying to all residential districts , the regula-
tion of the R-5 District are designed to allow the provision of
conveniently located centrally maintained rental accommodations ,
the density of which shall not exceed eighteen ( 18 ) living units
per acre.
l. Minimum requirements for lot area and width may vary.
Set-backs
Front Rear Side
On Residential & Collector Streets 25 ' 0 ' 0 '
On thoroughfares 35 ' 0 ' 0 '
Where adjoining a different zone ------------- 25 ' 25 '
Where siding a street--------------------------------- 20 '
Where siding a thoroughfare--------------------------- 25 ' 13
2 . See Section 8 for Supplementary District Regulations .
3. See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and
Specific Use Permits that may be recommended by the Planning
and Zoning Commission within the R-5 District under certain
circumstances and conditions.
4. Permitted Uses and Parking Requirements
Any use permitted in the R-1 , R-2 , R-3 and R-4 Districts ;
provided, however, that for uses permitted in R-1 , R-2 , R-3 ,
or R-4 residential development , whichever is applicable ,
shall apply, including lot area, width and set-back require-
ments , and parking ratio.
5 . Other Required Conditions
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 approved by the Adminis-
trative Official prior to the issuance of a building permit .
R-6 MOBILE HOME DISTRICT
PURPOSE : This district consists mainly of areas which contain
some mobile home development or which are suitable for ultimate
mobile home development. In addition to the general purposes
applying to all residential districts , the regulations of
District R-6 are designed to encourage the provision of conveni-
ently located mobile homes in medium density residential areas .
l. Minimum requirements for lot area width and set-back shall
be such as to provide a maximum density of ten (10 ) units
per acre.
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and
Specific Use Permits that may be recommended by the Planning
and Zoning Commission within the R-6 District under certain
circumstances and conditions.
4. Permitted Uses and Parking Requirements
Parking Ratio
A mobile home dwelling 2-1 2 per unit
14
Any use permitted in the R-1 , R-2 , R-3 , and R-4 Districts ;
provided, however, that for uses permitted in R-1, R-2 , R-3 ,
or R-4 districts , all District Regulations for R-1, R-2 ,
R-3 , or R-4 residential development , whichever is applicable ,
shall apply, including lot area, width and set-back require-
ments , and parking ratio.
5 . Other Required Conditions
The provisions of Ordinance No. 129 (Mobile Home Ordinance)
of the City of Friendswood, Texas , shall apply to District
R-6 .
C-1 COMMERCIAL
PURPOSE : This district consists mainly of land occupied by or
suitable for shopping facilities for the sale of goods and furnish-
ings to satisfy the needs of the adjacent residential neighborhood.
The district also provides space and facilities for f inancial ,
administrative, government and business services within the Central
Business District.
l. Minimum requirements for lot area, width and set-back.
Lot Lot Set--back
Front Re
� 5 ,000 sf 50 ' 30 ' 0 '�� ; 0 ' �'� '''%`
� i !
d �
•Central Business
District 2 ,500 sf 25 ' 30 ' 0 ' ''° , 0 ' % •�••
��Shall be 15 ' where abutting an R District , with a fence at
lease six (6 ) feet high, solid in nature , located at the
property line.
%�%�Shall be 30 ' where siding a street or thoroughfare. -
�'��'r%�Shall be 6 ' for one story building and 8 ' for a two-story
building abutting an R District , with a fence 6 feet high,
solid in nature , located at �he property line.
Residential deveTopment �,aithin the C�l District . All District
regulations for R-1 residential development shall apply, includ-
ing lot area, width and set-back requirements , and parking ratio.
2 . See Sec-tion 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and Specific
Use Permits that may be recommended by the Planning � Zoning
Commission within the C-1 District under certain circumstances
and conditions .
15
4 . Permitted Uses - These uses are not intended to be all-inclusive ,
and are not necessarily limited to the following :
Any use permitted in an R-1 District
Automobile sales , service, repair
Bank or loan company
Building materials
Clothing or department store
Food or grocery store
Hardware store
Office , any type
Pet shop
Shoe repair
Toy store
Wholesale sales or warehouse
Any use permitted in the C-2 , C-3 or C-4 District.
5 . Parking requirements shall be 1/200 sq. ft. of sales or
office area and 1/400 sq. ft. for warehouse area.
6 . Other Required Conditions .
Site Plan shall be submitted to and approved by the Administra-
tive Official prior to the issuance of a Certificate of Zoning
Compliance for new construction or additions to any existing
building or structure within the C-1 District .
C-2 COMMERCIAL
PURPOSE : This district consists mainly of land occupied by or
suitable for shopping facilities for the sale of goods for neighbor-
hood convenience. This district also provides space for medical
and other professional services .
l. Minimum requirements for lot area, width and set-back.
Set-back
Lot Area Lot Width Front Rear Side
5 ,000 sf 50 ' 30 ' 0 ' %� 0 ' �� }`��
Central Business
District 2 ,500 sf 25 ' 30 ' 0 ' �� 0 ' �� ��
%�Shall be 15 ' where abutting an R District , with a fence at
least 6 feet high, solid in nature , located at the property
line.
%�%°Shall be 30 ' where siding a street or thoroughfare .
��^%�Shall be 6 ' for one story building and 8 ' for a two-story
building abutting an R District , with a fence 6 feet high,
solid in nature , located at the property line.
16
Residential development within the C-1 District. All district
regulations for R-1 residential development shall apply, in-
cluding lot area, width and set-back , and parking ratio.
2 . See Section 8 for supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and Specific
Use Permits that may be recommended by the Planning and Zoning
Commission within the C-2 District under certain circumstances
and conditions .
4 . Permitted Uses - These uses are not intended to be all-inclusive
and are not necessarily limited to the following:
Neighborhood (Commercial) Convenience Center
Grocery Store
Liquor Store
Beauty or Barber Shop
Professional Offices
Any use permitted in the C-3 and C-4 Districts
Any use permitted in the R-1 District.
5 . Parking requirements shall be 1/200 sq. ft. of building area.
6 . Other Required Conditions : Site Plan shall be submitted to
and approved by the Administrative Official prior to the
issuance of a Certificate of Zoning Compliance for new con-
struction or additions to any existing building or structure
within the C-2 District.
C-3 COMMERCIAL
PTJRPOSE : This district is reserved exclusively for location of
medical, financial and othe� professional offices .
l. Minimum requirements for lot area, width and set-back.
Lot Lot Set�ba�k
� Front � Re
� �
5 ,000 sf 50 ' 30 � p � : � r
- � ., . ,.
' ,' �
� Central Business � � '
District y 2 , 500 sf 25 ' 30 � � p � : � � r „ ,,,,
'�Shall be 15 ' where abutting an R District , with a fence at
lease six ( 6 ) feet high , solid in nature , located at the
property line.
��'�Shall be 30 ' where siding a street or thoroughfare.
••��'�Shall be 6 ' for one story building and 8 ' for a two-story
: building abutting an R District , with a fence 6 feet high ,
solid in nature , located at the property line . 1�
Residential development within the C-3 District. All District
regulations or -1 resi entia eve opment s all apply , in-
clusing lot area, width and set-back, and parking ratio.
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and Specific
Use Permits that may be recommended by the Planning � Zoning
Commission within the C-3 District under certain circumstances
and conditions .
4. Permitted Uses - These uses are not intended to be all-inclusive ,
and are not necessarily limited to the following :
Professional O�fices
Physicians
Dentists
Lawyers
Accounting
Real Estate
Savings and Loan
Insurance
Consultants
Counseli.ng
Chiropractor
Any use permitted in the C-4 District .
Any use permitted in the R-1 District .
5 . Parking requirements shall be 1/200 sq. ft. of building area.
6 . Other Required Con�itions : Site plan shall be submi-tted to and
approved by the Administrative Official prior to the issuance
of a Certificate of Zoning Compliance tor new construction or
additions to any existing building or structure within the
C-3 District.
C-4 COMMERCIAL
PURPOSE : This district encompasses all recreation facilities in-
cl d niu g municipally operated recreation and private boarding or
day camps.
l. Minimum requirements for lot area, width and set-back.
Lot Lo-t S 1-- a c�k
! Front Re '
� 5 , 000 sf 50 ' 20 ' � p , %, '� p ' .. , ,.
- s ,
�
� ;
; � �
�Central Business ! �
District ��� 2 , 500 sf 25 ' 20 ' j 0 ' �� j 0 '� � -•-�
18
''�Shall be 15 ' where abutting an R District , with a fence at
leas six ( 6 ) feet high , solid in nature , located at the
property line.
��-�Shall be 30 ' where siding a street or thoroughfare.
••���Shall be 6 ' for one story building and 8 ' for a two-story
. building abutting an R District , with a fence 6 feet high ,
solid in nature , located at the property line.
Residential development within the C, 4 District . All District
regulations for R-1 residential development shall apply, includ-
ing lot area, width and set-back requirements , and parking ratio.
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and Specific
Use Permits that may be recommended by the Planning � Zoning
Commission within the C-4 District under certain circumstances
and conditions .
4. Permitted Uses - These uses are not intended to be all in-
clusive and are not necessarily limited to the following :
Commercial Recreation
Tennis
Swimming Pool
Miniature Golf
Family Recreation Center
Indoor Gun Club
5 . Parking requirements shall be determined by the developer
and approved by the Planning and Zoning Commission.
6 . Other Required Conditions : Site plan shall be submitted to
and approved by the Administrative Official prior to the
issuance of a Certificate of Zoning Compliance for new con-
struction or additions to any existing building or structure
within the C-4 District.
A-1 AGRICULTURAL
PURPOSE : This district is designated for the growing and/or
marketing of �gricultural products .
l. Minimum Requirements for lot width and set-back :
Lot Width : 120 '
Set-Back: Front : 25 ' Rear: 25 ' Side : 30 '
_ _
19 ,
. � � I ;
' •
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and
Specific Use Permits that may be recommended by the Planning
and Zoning Commission within the A-1 District under certain
circumstances and conditions .
4. Permitted Uses :
Field crops
Horticulture
Nursery
Truck gardening
Retail sale of agricultural products
5 . A site plan shall be submitted to and approved by the Adminis-
trative Official prior to the issuance of a Certificate of
Zoning Compliance for new construction or additions to an
existing building or structure within the A-1 District.
6 . Parking provisions shall be determined by the developer and
approved by the Planning and Zoning Commission.
7 . Residential development is prohibited in the A-1 District ;
however, dwelling quarters for on-site employees and their
families are permitted provided such residential use conforms
to the R-1 District regulations including lot area, width and
set-back requirements and parking ratio.
M-1 LIGHT INDUSTRY
Light industry use districts are designed to provide land for a
wide range of commercial and industrial activities subject to
limitations intended to protect nearby residential and commercial
districts and to protect the permitted uses from one aonther. The
M-1 District consists mainly of areas occupied by or suitable
for manufacturing, wholesale and other industrial activities , all
of a non-nuisance type.
l. Minimum requirements for lot area, width and set-back:
Lot Area: 10 ,000 SF Lot Width : 100 '
Set-back: Front : 2 5 ' Rear : 0 ' '� Side : 0 ' �%�
''�Shall be 20 ' where abutting an R District with a fence at
least 6 feet high , solid in nature and located at the
property line.
%���Shall be 15 ' where siding street and 25 ' where siding
thoroughfare.
20
2 . See Section 8 for Supplementary District Regulations .
3 . See Section 9 for Temporary Certificate of Zoning Compliance
that may be granted by the Administrative Official and
Specific Use Permits that may be recommended by the Planning
and Zoning Commission within the M-1 District under certain
circumstances and conditions .
4 . Permitted Uses - These uses are not intended to be all-
incluslve, and are not necessarily limited to the following:
Automobiles , motorcycles , trucks or trailers , including parts
or rebuilding of engines
Batching or mixing plants , with the exception of: Portland
cement, concrete, mortar, plaster , or asphalt (commercial)
Books , binding, other than hand binding
Ceramics , stone , glass , marble , or porcelain products
Electrical appliances , equipment assembly, supplies , or similar
products including electrical machinery
Food products , not including meat or fish products , the
slaughtering and/or preparation thereof
Furniture and uphostery
Heavy equipment , storage , repair and sales , earth moving
Machinery, miscellaneous , including repairs
Machine tools , including metal lathes , metal presses , metal
stamping machines , woodworking machines or similar products
Orthopedic or medical appliances , including artificial limbs ,
braces, supports , streatchers or similar products
Paper products , including envelopes , stationery, bags , boxes ,
s.hipping containers , bulk goods , tubes , wallpaper printing
or similar products.
Pharmaceutical products
Sporting or athletic equi.pment
Steel products , miscellaneous , fahrication or as�embly
Textiles , spinning, �eaving, manufacturing, dye�ng� 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 applianees , or
simi.lar products
Toys and novelty products
Vehicles , children ' s , including bicycles , scotters , wagons ,
baby carriages or similar vehicles
Venetian blinds , window shades , or awnings
5 . P�rki:ng Regulations
a. If a use that is permitted in a C District is established
in the M-1 District , the parking requirements for that
use shall �e the same as required for that particular use
in the district in which the use is specifically permitted.
21
. , � , '� .
b . The maximum allowable building area in the M-1 District
shall not exceed 75 percent of the gross area of the lot
or tract of land.
c. The expulsion of obnoxious or toxic gases , liquids or
solids shall not be permitted in any area.
d. Excessive noises shall not be permitted in any area.
22
SECTION 8 . SUPPLEMENTARY DI�TRI.CT REGULAT�pNS �
l. Visibility at Intersections in Residential Districts . On a
corner lot in any Residential District , vegetation shall not
be planted or allowed to grow in such a manner or materially
to impede vision between a height of 2-1/2 feet and 10 feet
above the center line grades of the intersecting streets in
the area bounded by the street lines on such corner lots and
a line joining points along said street lines 25 feet from
the point of the intersection.
2 . Fences , Walls , and Hedges . Norwithstanding any other pro-
vlsion of this ordinance , fences , walls , and hedges are
permitted in or along the edge of any required yard other than
a front yard or a side yard continguous to a side street line .
3 . Accessory Buildings . Except as specifically permitted by this
ordinance , no accessory building shall be erected in any re-
quired yard , and no separate accessory building shall be
erected within 5 feet of any other building.
4 . Erection of More Than One Principal Structure on a Lot . In
any district , more than one structure housing a permitted or
permissable principal use may be erected on a single lot, pro-
vided that yard , street frontage , and other requirements of
this ordinance shall be met for each structure as though it
were on an individual lot .
5 . Structures to have Access . Every building hereafter erected
shall be on a lot adjacent to a public street , or an approved
private street , and all structures shall be so located on lots
as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
SECTION 9 . ADMINISTRATION AND ENFORCEMENT - BUILDING PERMITS AND
CERTIFICATES OF ZONING COMPLIANCE.
l. Administration and Enforcement . An administrative official
designated by the City Council shall administer and enforce
this ordinance . He may be provided with the assistance of
such other persons as the City Council may direct .
If the administrative official shall find that any of the pro-
visions of this ordinance are being violated, he shall notify
in writing the person responsible for such violation, indicat-
ing the nature of the violation and ordering the action
necessary to correct it . He shall order discontinuance of
illegal use of land, buildings , and structures ; removal of
illegal buildings or structures or illegal additions , alter-
ations , 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 .
23
2 . Building Permits Required. No bui:lding or other structure
shall be erected, moved, added to , or structurally altered
without a permit therefor, issued by the administrative
official. No building permit shall be issued by the admini-
strative official except in conformity with the provisions of
this ordinance , unless he receives a written order from the
Board of Adjustment in the form of an administrative review,
or variance as provided by this ordinance .
3 . Application for Building Permit . All applications for
building permits shall be accompanied by plans in duplicate
drawn to scale , showing the actual dimensions and shape of
the lot to be built upon; the exact sizes and locations on
the lot of the buildings already existing, if any; and the
location and dimensions of the proposed building or structure
or alteration thereof. The application shall include such
other information as lawfully may be required by the admini-
strative official, including , but not limited to , existing or
proposed building or alteration, existing or proposed uses of
the building and land; conditions existing on the lot; and
such other matters as may be necessary to determine conform-
ance with and provide for the enforcement of this ordinance .
One copy of the plans shall be returned to the applicant by
the administrative official , after he shall have marked such
copy either as approved or disapproved and attested to same
by his signature on such copy. One copy of the plans , simi-
larly marked , shall be retained by the administrative official.
4 . Certificate of Zoning Compliance for New, Altered, or Non-
Conforming Uses . It shall be unlawful to use or occupy or
permit the use of or occupancy of any building or premises , or
both, or part thereof, hereafter created , erected, changed,
converted , or wholly or partly altered or enlarged in its use
or structure until a certificate of zoning compliance shall
have been issued therefor by the administrative official
stating that the proposed use of the building or land conforms
to the requirements of this ordinance .
No non-conforming structure or use shall be maintained ,renewed,
changed , or extended until a certificate of zoning compliance
shall have been issued by the administrative official. The
certificate of zoning compliance shall state specifically where-
in the non-conforming use differs from the provisions of this
ordinance , provided that upon adoption or amendment of this
ordinanc , owners or occupants of non-conforming uses or
structures shall have three (3 ) months in which to apply for
certificates of zoning compliance .
5 . Expiration of Building Permit . If the work described in any
building permit has not begun within ninety (90) days from the
date of issuance thereof, said permit shall expire; it shall be
cancelled by the administrative official; and written notice
24
, , � , .
thereof shall be given to the person to whom the permit was
issued. Further work as described in the cancelled permit
shall not proceed unless and until a new building permit has
been obtained. However, if work has not begun within 90 days
of the issuance of said permit , or if there has not been sub-
stantial completion of the work within one year from the date
of issuance of said permit , the administrative official may at
his option, extend the expiration dates of said permits .
6 . Construction and Use to be as Provided in Applications , Plans ,
Permits , and Certificates of Zoning Compliance . Building per-
mlts or certificates of zoning compliance issued on the basis
of plans and applications approved by the administrative
official authorize only the use , arrangement , and the construc-
tion set forth in such approved plans and applications , and no
other use , arrangement , or construction.
7 . Specific Use Permits
(a) The purpose of the regulations described in this subsection
is to allow within the City the proper integration of uses
which may be suitable only in specific locations in a
zoning district .
(b) In addition to the Certificate of Zoning Compliance called
for in this Section, a Specific Use Permit shall be re-
quired before the following specific use can be permitted
in any district ;
SPECIFIC USE PARKING RATIO
Cemetery or Mausoleum None
Church or other place of worship in-
cluding parish houses and sunday
schools but excluding mission or
temporary revivals 1/4 seats
City, County, State and Federal
Government Administration buildings 1/200 sq. ft.
City, fire and police station 1/400 sq. ft.
Concessions stand within a park,
playground or playfield None
Earth moving and excavations ;
depositing of construction materials ;
clay, earth, gravel , minerals , rock,
sand or stone on the ground None
Electric substation 1/400 sq. ft .
Gas Compressor or regulator station 1/400 sq. ft .
25
, .
SPECIFIC USE PARKING RATIO
. �olf course , but not including
commercial golf games or amusement 3/hole
Institution for children and aged 1/3 beds
Institution correctional , detention,
penal , or for use of insane ,
feeble minded, alcoholic or
narcotic patients on a minimum site
of 15 acres 1/3 beds
Pipeline easements As specified by
Council
Oil wells and related structures ,
mining, including exploration for
or production of gas or oil ;
extraction of clay, gravel or sand; As specified by
quarrying of rock or stone Council
Public Library or Museum 1/400 sq. ft .
Radio or television broadcasting
transmitter or tower ; microwave or
relay tower None
Sanitorium 1/3 beds
Schools , elementary, high, college 1/1. 5 emp. plus
and universities , public , private 1/3 licensed
or denominational student drivers
School Nursery, Kindergarten, or day
care for children 1/1 . 5 emp .
Telephone exchange , but not including
garage shop or services 1/400 sq. ft .
(c) A specific Use Permit is an amendment to the district
regulations of the Zoning Ordinance that permits the
permanent establishment of a Specific Use within a
zoning district in which such Specific Use may be estab-
lished.
(d) 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 Specific Use Permit has been obtained in
accordance with the Amendment Procedures set forth in
Section 15 .
(e) Application for a Specific Use Permit shall be made by
the property owner or certified agent thereof to the
Planning and Zoning Commission on forms prescribed for
26
� r `�
this purpose by the City Council . Such application shall
be accompanied by a plan as set forth in Section 9 .
Specific Use Permits , revocable , conditional or valid for
a term period may be issued for any of the uses or pur-
poses for which such permits are required or permitted by
the terms of this ordinance . Granting 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 Council .
(g) In considering any application for a Specific Use Permit ,
the Planning and Zoning Commission shall give due regard
to the nature and condition of all adjacent uses and
structures . The Planning and Zoning Commission may
recommend disapproval of an application for a Specific
Use Permit and , in recommending approval of a Specific
Use Permit the Planning and Zoning Commission may recom-
mend such requirements and conditions with respect to
location, construction, maintenance and operation, in
addition to the regulations of the district in which the
particular use is located , as they may deem necessary
for the protection of adjacent properties and public in-
terest .
(h) The Planning and Zoning Commission shall make a favorable
recommendation in behalf of the application to the City
Council , provided the Planning and Zoning Commission
finds :
(1) That the proposed structure of use conforms to the
requirements and intent of this ordinance and the
comprehensive plan of the City;
(2 ) That such use will not under the circumstances of
the particular case constitute a nuisance or be
detrimental to the public welfare of the community.
(i) Every Specific Use Permit granted by the City Council
shall be considered as an amendment to the Zoning Ordi-
nance as applicable to such property. In granting such
permit the City Council may impose conditions which shall
be complied with 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 con-
strued as conditions 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 , as provided in
Section 9 above , and shall insure that development is
undertaken and completed in accordance with said permits .
27
SECTION 10 . BOARD 0� ADJUSTMENT � EST�BLISHMENT AND �ROCEDURE.
A Board of Adjustment is hereby established , which shall consist
of five (5 ) members to be appointed by the City Council , each for
a term of two (2 ) years . Members of the Board of Adjustment may
be removed from office by the City Council for cause upon written
charges and after public hearing. Vacancies shall be filled by
the City Council for the unexpired term of the member affected.
In addition four (4) alternate members shall be appointed to the
Board of Adjustment and shall serve in the absence of one or more
regular members when requested to do so by the Chairman or the
City Manager as the case may be . The four alternate members
shall serve for the same period of time as the regular members ;
and vacancies shall be filled and they shall be subject to removal
in the same manner as the regular members .
l. Proceedings of the Board of Adjustment . The Board of Adjust-
ment shall adopt rules necessary to the conduct of its affairs
and in keeping with the provisions of this ordinance . Meet-
ings shall be held at the call of the Chairman and at such
other times as the Board may determine . The Chairman or in
his absence , the acting Chairman, may administer oaths and
compel the attendance of witnesses . All meetings shall be
open to the public .
The Board of Adjustment shall keep minutes of its proceedings ,
showing the vote of each member upon each question, or if
absent or failing to vote indicating such fact , and shall keep
records of its examinations and all of which shall be immedi-
ately filed in the office of the Board and shall be public
record.
2 . Hearings , Appeals , and Notices . Appeals to the Board of
Ad�ustment concerning interpretation or administration of this
ordinance may be taken by an person aggrieved or by an officer,
department , board, or bureau of the City affected by the de-
cision of the Administrative Official . Such appeals shall be
taken within a reasonable time , not to exceed thirty (30 ) days ,
by filing with the officer from whom the appeal is taken and
with the Board of Adjustment a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constitu-
ting the record upon which the action appealed from was taken.
The Board of Adjustment shall fix a reasonable time for the
hearing of the appeal , give public notice thereof , as well as
due notice to the parties in interest , and decide the same
within a reasonable time . At the hearing any party may appear
in person or by agent or by attorney.
3 . Stay of Proceedings . An appeal stays all proceedings in
furtherance of the action appealed from, unless the officer
whom the appeal is taken certifies to the Board of Adjustment
28
after the notice of appeal shall have been filed with him that
by reason of facts stated in the certificate , a stay would, in
his opinion cause imminent peril to life or property. In such
case proceedings shall not be stayed other than by a restrain-
ing order which may be granted by the Board of Adjustment or by
a court of record on application, on notice to the officer from
whom the appeal is taken and on due cause shown.
SECTION 11 . THE BOARD OF ADJUSTMENT - POWERS AND DUTIES .
The Board of Adjustment shall have the following powers and duties :
l . Administrative Review. To hear and decide appeals where it is
alleged there is error in any order, requirement , decision, or
determination made by an administrative official in the enforce-
ment of this ordinance .
2 . Variances : Conditions Governing Applications : Authority and
Limltations . To authorize upon appeal in specific cases such
variance from the terms of this ordinance as will not be con-
trary to the public interest where , owing to special conditions
a literal enforcement of the provisions of this ordinance would
result in unnecessary hardship, and so that the spirit of the
ordinance shall be observed and substantial justice done . In
exercising such powers of variance , the Board may, in conform-
ity with the provisions of this ordinance , reverse or affirm,
wholly or partly, or may modify the order , requirement ,
decision, or determination appealed from and make such order ,
requirement , decision, or determination as ought to be made ,
and to that end the Board shall have all the powers of the
officer from whom the appeal is taken.
In granting any variance , the Board of Adjustment may describe
appropriate conditions and safeguards in conformity with this
ordinance . Violations of such conditions and safeguards , when
made a part of the terms under which the variance is granted,
shall be deemed a violation of this ordinance .
Under no circumstances shall the Board of Adjustment grant a
variance to allow a use not permissible under the terms of this
ordinance in the district involved, or any use , expressly or
impliedly, prohibited by the terms of this ordinance in said
district .
3 . Vote Re uired : Appeals ; Variances . The concurring vote of
four 4 members of the Board shall be necessary to reverse
any order, requirement , decision, or determination of an
Administrative Official , or to decide in favor of the applicant
on any matter upon which it is required to �ass under this
ordinance , or to effect any variation in the application of
this ordinance .
29 �
SECTION 12 . APPEALS FROM THE BOARD OF ADJUSTMENT.
Any person or persons , jointly or severally, aggrieved by any de-
cision of the Board of Adjustment , or any taxpayer, or officer ,
department , board , or bureau of the City may seek review by a
court of record of such decision in the manner provided by the
laws of the State of Texas , particularly Chapter 742 , Section l,
page 2385 , Acts of the 62nd Legislature , Regular Session, 1971 ,
complied as Article 1011g, Vernon' s Texas Civil Statutes .
SECTION 13 . DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUST-
MENT , CITY COUNCIL, AND COURTS ON MATTERS OF APPEAL.
It is the intent of this ordinance that all questions of interpre-
tation and enforcement shall be first presented to the administra-
tive official , and that such questions shall be presented to the
Board of Adjustment only on appeal from the decision of the
administrative official , and that recourse from the decisions of
the Board of Adjustment shall be to the courts in the manner
provided by law, particularly Chapter 742 , Section l , page 2385 ,
Acts of the 62nd Legislature , Regular Session 1971, complied as
Article 1011g, Vernon' s Texas Civil Statutes .
It is further the intent of this ordinance that the duties of the
City Council in connection with this ordinance shall not include
hearing and deciding questions of interpretation and enforcement
that may arise . The procedure for deciding such questions shall
be as stated in this section and this ordinance . Under this
ordinance the City Council shall have only the duties of consider-
ing and adopting or rejecting proposed amendments or the repeal of
this ordinance , as provided by law, and of establishing a schedule
of fees and charges as stated in Section 15 hereof.
SECTION 14 . SCHEDULE OF FEES , CHARGES , AND EXPENSES .
The City Council shall establish a schedule of fees , charges , and
expenses and a collection procedure for building permits , certifi-
cates of zoning compliance , Specific Use Permits , changes in
district classification, appeals , and other matters pertaining to
this ordinance . The schedule of fees shall be maintained in the
office of the City Secretary and in the office of the administrative
official , and may be altered or amended only by the City Council .
Until all applicable fees , charges , and expenses have been paid in
full , no action shall be taken on any application or appeal .
SECTION 15 . AMENDMENTS .
l . Authority. The City Council may from time to time amend,
supplement , or change by ordinance the boundaries of the dis-
trict or the regulations herein established.
30
� .M,
. , , �
2 . Submission to Zoning Co�i��ion. Hefore taking action on any
proposed amendment , supplement , or change the City Council
shall submit the proposed revision to the Zoning Commission
for its recommendation and report . The Zoning Commission
shall make its final report within 60 days .
3 . Public Hearing - Zoning Commission. The Zoning Commission
shall make a preliminary report and hold public hearing
thereon before submitting its final report . Written notice
of all public hearings before the Zoning Commission on pro-
posed changes and classification shall be sent to owners of
real property lying within 200 feet of the property on which
the change and classification is proposed, such notice to be
given not less than ten C10) days before set for hearing to
all such owners who have rendered their said property for city
taxes as the ownership appears on the last approved city tax
rolls . Such notice may be served by depositing the same ,
properly addressed and postage paid, in the city post office .
Where property lying within 200 feet of the property proposed
to be changed is located in territory which was annexed to the
city after the final date for making renditions which are in-
cluded on the last approved city tax roll , notice to such
owners shall be given by publication in the manner provided in
subsection 4 of this section.
4 . Public Hearing - City Council . After receipt of the final re-
port from the Zoning Commission, a public hearing shall be
held by the City Council before adopting any proposed amend-
ment , supplement , or change .
Notice of such hearing shall be given by publication one time
in a paper of general circulation in the city, stating the
time and place of such hearing, which time shall not be less
than fifteen C15 ) days no more than thirty (30) days from the
date of publication.
However, the City Council may, after giving published notice
required herein, hold such public hearing jointly with the
Planning and Zoning Commision, but the City Council shall not
take action until it has received the final report from the
Planning and Zoning Commission.
5 . Vote Required in the Event of Non-Approval or Protest . Unless
such proposed amendment , supplement , or change has been approved
by the Planning and Zoning Commission or in case of a protest
signed by the owners of 20% or more either of the area of the
lots included in such proposed change , or those immediately
adjacent to the rear thereof extending 200 feet therefrom, all
of those directly opposite thereto extending 200 feet from the
street frontage of such opposite lots , such amendment shall not
become effective except by the favorable vote of 5 members of
the City Council .
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. . .
6 . Appeals from Decisions of Planning and Zoning Commission. Any
person aggrieved by a decision of the Planning and Zoning Com-
mission may appeal such decision to the City Council by filing
with the City Secretary a verified petition addressed to the
City Council setting forth the reasons such person believes
such decision to be unjust , in whole or in part , and specifying
the alleged grounds of injustice . Such petition shall be filed
with the City Secretary within ten (10) days after the final
decision and not thereafter for notification and calling of a
public hearing to consider and act on the appeal.
SECTION 16 . PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIRE-
MENTS.
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements , adopted for the
protection of public health, safety, morals , or general welfare .
Whenever the requirements of this ordinance are at variance with
the requirements of any other lawfully adopted rules , regulations ,
ordinances , restrictions , or covenants , the most restrictive or that
which imposes the higher standards shall govern.
SECTION 17 . COMPLAINTS REGARDING VIOLATIONS .
Whenever a violation of this ordinance occurs , or is alleged to
have occurred , any person may file a written complaint ; such com-
plaint stating fully the causes and basis thereof shall be filed
with the administrative official . He shall record properly such
complaint , immediately investigate the same at the earliest reason-
able time , and take action thereon as provided by this ordinance .
SECTION 18 . PENALTIES FOR VIOLATIONS .
Any person who violates any of the provisions of this ordinance or
who fails to comply therewith or with any of the requirements
thereof, including violations of conditions and safeguards estab-
lished in connection with grants of variances or specific uses , or
who erects or alters any structure , or who commences to erect or
alter any structure in violation of any detail statement of plan
submitted or approved thereunder , shall for each and every viola-
tion or non-compliance be deemed guilty of misdemeanor and, upon
conviction, fined not more than Two Hundred Dollars ($200 . 00 ) , and
each day such violation continues shall constitute a separate
offense . The owners of a building, structure , or premises , or
part thereof, where anything in violation of this ordinance be
placed or shall exist , and any architect , builder, contractor,
agent or corporation employed in connection therewith who may have
assisted in the commission of any such violation shall be guilty
of a separate offense and , upon conviction, shall be subject to
the penalties herein provided.
32
SECTION 19 , SEVERABI.LI.TY,
Should any section or provision o� this ordinance be adjudged in-
valid or unconstitutional , such decision shall not affect the
validity of this ordinance as a whole or any part thereof other
than the part so declared to be invalid or unconstitutional .
SECTION 20 . DEFINITIONS
For the purposes o� this ordinance , certain terms or words used
herein shall be interpreted as follows :
The word "person" include5 an individual , firm, association ,
organization, partnership, trust , company , or corporation.
The present tense includes the future tense ; the singular number
includes the plural; and the plural number includes the singular.
The word "shall'' is mandatory; the word "may�' is permissive.
The words "used'' and ''occupied" include the words "'intended,
designed , or arranged to be used c�r occupied. "
The word "building" includes the word "structure. "
The word ''lot" includes the words "plot" or "parcel. "
l. Accessory Use or Structure. A use or structure on the same
lot with, and of a nature customarily incidental and sub-
ordinate to the principal use or structure.
2 . Approved Private Street . For an approved private street ,
the following minumum standards are required:
(�.a) Surface to be 18 to 20 feet wide with 2 to �+ foot shoulders .
(b) Material to be crusher run limestone , preferably , not
less than 6 inches thick based on compacted thickness .
(c) No trees are to be left closer than the shoulder of the
street .
(d) _ Ditches are to be provided to properly drain the street.
(e) Proper size driveway culverts to be installed so as not
to interfer with the drainage.
(f) Clear turn-around area (cul-de-sac or loop) of not less
than 80 feet diameter should be provided at the end of
roads more than 300 feet long.
33
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A roved Private Road
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, ` .. , � � • {`A'r'_—,.,,� ���_�°.2O�_ � 4' _M a�r, '�- �` �r
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l ; �6�L��'S1�t"�� -- (`a '��.b'ifEEj ,, I /' ,
, � � ' <<d I; � ; � �___.—.� I � .� \\ :'� .
�a.���!� �� ji\��� � i'�� ..-_r�-r r_'�_ � - �' .... �. . \e"'—,-- ---^ "'
��� .�., '�� t;�y...�.s- —�_'.._--_— �!!!f. �1 'I��_ �.� �:1� �, �, �
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G'�►as�ed Li�.� s�b�,e.
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2 . Building. Any structure designed or built for the support ,
enclosure , shelter, or protection of persons , animals , chattels ,
or property of any kind .
3 . Building Area. The surface of the lot covered or occupied by
all structures placed thereon, excluding only driveways , walk-
ways , and uncovered patios .
4 . Building Line . A line parallel or approximately parallel to
the street line and beyond which buildings may not be erected.
5 . Density. Living units per acre in a platted subdivision.
Pertains to total platted acreage.
6 . Dwelling. Any building or portion thereof designed or used for
residential purposes .
7 . Dwelling , Single Family. A detached residential dwelling used,
other than a mobile home , designed for and occupied by one
family only.
8 . Family. One or more persons related by blood , adoption, or
marriage , living together as a single housekeeping unit ,
exclusive of household servants . A number of persons not ex-
ceeding two living together as a single housekeeping unit
though not related by blood, adoption", or marriage , shall be
deemed to constitute a family. ,
34
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. . . , , � , , � ,
, . .
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9 . Loading Space , Q�f-Street . Space logically and conveniently
located for bulk pickups and deliveries , scaled to delivery
vehicles expected to be used , and acces.sible to such vehicles
when required off-street parking spaces are filled. Required
off-street loading space is not to be included as off-street
parking space in computation of required off-street parking
space .
10 . Lot . A parcel of land of at least sufficient size to meet
minimum zoning requirements for use , coverage , and area and
to provide such yards and other open spaces as are herein re-
quired. Such lot shall have frontage on a public street or
on an approved private street .
11. Lot Measurements .
(a1 Depth: The distance between the mid-points of straight
lines connecting the foremost points of the side lot
lines in front and the rear most points of the side
lot lines in the rear.
(b) Width: The distance between straight lines connecting
front and rear lot lines at each side of the lot ,
measured across the rear of the required front yard;
provided , however, that width between side lot lines
at their foremost point , (where they intersect with
the street lines) shall not be less than 90 per cent
of the reguired lot width except in the case of lots
on the turning circle of cul-de-sac where 80 per cent
requirement shall not apply.
12 . Parking Space , Off-Street . A space adequate for parking an
automobile with room for opening doors on both sides ,
together with properly related access to a public street or
alley and maneuvering room. Required off-street parking
areas for three or more automobiles shall have individual
spaces marked, and shall be so designed , maintained, and
regulated that no parking or maneuvering incidental to park-
ing shall be on any public street , walk, or alley, and so
that any automobile may be parked and unparked without moving
another.
For purposes of rough computation, an off-street parking
space and necessary access for maneuvering room may be esti-
mated at 300 square feet , but off-street parking requirements
will be considered to be met only when actual spaces meeting
the requirements above are provided and maintained , improved
in a manner appropriate to the circumstances of the case , and
in accordance with all ordinances and regulations of the city.
13 . Servants Quarters . An accessory building or portion of a
main building located on the same lot as the main building
and used as living quarters for servants employed on the
premises and not rented or otherwise used as a separate
domicile.
35
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+ , V ` [ 1 � . .. `• � •
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,
14 . Specific Use . �S Specific Use is a use that taould not be
appropriate generally or without restrictions throughout the
zoning district but would , if controlled as to number, area,
location , or relation to the neighborhood , promote the pro-
perty held, safety, welfare , morals , order, comfort ,
convenience , appearance , prosperity, or general welfare .
Such uses may be permitted in a zoning district as special
exceptions , if specific provision for such special exceptions
is made in this ordinance .
15 . Street . A public or private throughfare which affords a
principal means of access to abutting property.
16 . Street Line . The right-of-way line of a street .
17 . Structure . Anything constructed or erected with a fixed
location on the ground or attached to something having a
fixed location on the ground.
18 . Structural Alterations . Any change in the supporting members
of a structure , such as bearing walls , columns , beams , or
grinders .
19 . Variance . A relaxation of the terms of this ordinance where
such variance will not be contrary to the public interest and
where , because of conditions peculiar to the property and as
the result of the actions of the applicant , a literal enforce-
ment of the ordinance would result in unnecessary and undue
hardship. As used in this ordinance , a variance is authorized
only for height , area , and size of structure or size of yards
and open spaces . Establishment or expansion of a use other-
wise prohibited shall not be allowed by a variance , nor shall
a variance be granted because of the presence of non-
conformities in the zoning district or uses in an adjoining
zoning district .
20 . Yard. A required open space unoccupied and unobstructed by
any structure or portion of a structure other than the
following :
(a) Eaves projecting not more than 30 inches .
(b) Uncovered swimming pools in rear yards on side yards
which do not abut a street.
(c) Uncovered walks , driveways , patios , and porches not more
than 6 inches above the general ground level of the
graded lot .
(d) Gas lights and other customary yard accessories , orna-
ments , and furniture .
Ce) Any other structure specifically permitted by the terms
of this ordinance .
_ 36
21 . Yard , Front . � yard extendin� between the side lot lines
across the front of a lot adjoining a. street , Depth of re-
quired front yards shall be meas:ured at right angles to a
straight line joining the foremost po�nts of the side lot
lines . The foremost point of the side lot line , in 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. Front and rear front
yard lines (building line) shall be parallel .
22 . Yard, Side . A yard extending from the rear line (building
line) of the required front yard to the rear lot line .
Width of a required side yard shall be measured in such a
manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge
parallel with the side lot line .
23 . Yard, Rear . A yard extending across the rear of the lot be-
tween the inner side yard lines . Depth of a required rear
yard shall be measured in such a �manner that the yard
established in a strip of the minimum width required by dis-
trict regulations with its inner edge parallel with the rear
1ot lines .
SECTION 21. REPEAL OF CONFLICTING ORDINANCES ; EFFECTIVE DATE
Al1 ordinances or parts of ordinances in conflict with this zoning
ordinance , or inconsistent with the provisions of this ordinance
are hereby repealed to the extent necessary to give this ordinance
full force and effect. This ordinance shall become effective on
the date of final adoption by the City C�uncil.
PASSED ON FIRST READTNG this 3rd day of October , 1977 .
PASSED ON SECOND READING this 24th day of October , 1977.
PASSED, APPROVED AND ADOPTED this 7th day of November , 1977 .
x,b��!r ' i���
V',` ��
�f n i
� � � Ralph L. Lowe , Mayor
t.::. �:
ss �';'� T � � _
M z :
.;;� i• �
�� r
y,�S E.c4f e
. �»��'' �`
APPr�"0`�ED AS TO FORM:
City Attorney
37