HomeMy WebLinkAboutOrdinance No. 84-11 ORDINANCE N0. �����.
AN ORDINANCE ESTABLISHING REGULATIONS GOV�RNING THE
ISSUANCE OF BUILDING PERMITS WITHIN NEWLY ANNEXED POR-
TIONS OF THE CITY PENDING THE ADOPTION BY THE CITY
COUNCIL OF A REVISED COMPREHENSIVE ZONING ORDINANCE ;
REGULATINU A�D RESTRICTING THE LOCATION AND USE OF
BUILDINGS AND STRUCTURES WITHIN THE NEWLY ANNEXED
AREAS WHICH ARE INCONSISTE�T WITH THE PRELII�INARY LAND
USE PLAN AND PENDING ZONING REGULATIONS HERETOFORE
SUBMITTED TO THE CITY COUNCIL BY THE PLANNING AND
ZONING COMMISSION ; PROVIDING A PROCEDURE FOR CITY
COUivCIL REVIEW AND APPRUVAL OF ALL BUILDI�G PERMIT
APPLICATION5 DENIE� ON THE BASIS OF INCONSISTENCY WITH
SUCH PRELIMINARY LAND USE PLAN AND PENDING ZONING
REGULATIONS FOR SUCH NEWLY ANNEXED AREAS ; CONTAINING
OTHER �ATTERS RELATED TU THE SUBJECT; PROVIDING FOR
SEVERABILITY; PROVIDING A PENALTY IN AN Ar10UNT NOT TO
EXCEEU TWO HUNDRED DOLLARS ($200. 00) FOR EACH DAY OF
VIOLATION; AND PROVIDING AN EMERGENCY CLAUSE
� � � � *
WHEREAS, in order to avail itself of the powers conferred
by TEX. REV. CIV. STAT. ANN. art . 1011a , et . seq. , the City
Council has heretofore appointed a Planning and Zoning Com-
mission and charged such Commission with the duty to recommend
to the City Council a revised comprehensive zoning plan desig-
nating boundaries of various districts and appropriate regu-
lations to '�e enforced therein ; and
WHEREAS , since such mandate from the City Council , the
Planning and Zoning Commission has been actively involved in
the formulation and drafting of its recommended revisions to
the comprehensive zoning plan; and
WHEREAS , the Planning and Zoning Commission has farmulated
the prelminary revised zoning districts and their boundaries
an� the preliminary regulations for the enforcement of the com-
prehensive zoning plan and submitted same to the City Council
so that necessary public hearings may be conducted ; and
WHEREAS, pending the final adoption of the City of Friends-
wood Comprehensive Zonin� Ordinance the City Council desires to
take reasonable temporary measures to protect the public
interest and welfare in the interim to obviate the possibility
of damage or destruction of the comprehensive zoning plan ; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section, l. The facts and recitals set forth in the preamble
of this Ordinance are hereby found to be true and correct.
Sec,tion. 2. 'The building official shall not issue any per-
mits for the construction of a building or structure within
areas of the City annexed during 1983, same being as set forth
in City of Friendswood Ordinance No. 83-17 , passed and approved
November 11 , 1983, and Ordinance Nos. 83-19, 83-20, $3-2]_ ,
83-22, and 83-23, each passed and approved December 19, 1983,
other than a permit whicb will allow the construction of a
building or structure which is in compliance with the pr_elimi-
nary land use plan and pending zoning regulations heretofore
submitted to the City Council by the Planning and 7oning Com-
�nission. Such preliminary land use plan (designated thereon as
"proposed zoning maps") and pending zoning re�ulations are
attached hereto as Exhibit "A" and made a part hereof for all
purposes . An application for any use other than as permitted
hereby shall be made to the building official of the City of
Friendswood and by him referred to the City Planning and Zoning
Commission for consideration and recommendation to the City
Council . The recommendation of the City Planning and Zoning
Commission shall be advisory in its nature and the City Council
shall have the authority to deny such permit application or
grant the same under such reasonable conditions as the City
Council deems appropriate considering the City ' s Preliminary
Land Use Plan, the preliminary zoning districts and the pending
comprehensive zoning regulations .
Sect_ion_ 4. Severability. In the event any section, para-
graph , subdivision, clause, phrase, provision, sentence, or
part of this Ordinance or the application of the same to any
person or circumstance shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction,
it shall not affect , impair, or invalidate this Ordinance as a
-2-
� " ' ., , " �� .
whole or any part or provision hereof other than the part
declared to b e invalid or unconstitutional ; and the City Council
of the City of Friendswood , Texas , declares that it would have
passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or uncon-
stitutional , or whether there be one or more parts .
Section 5. Penalty. Any person who shall violate any pro-
vision of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction, shall be fined in an amount not to exceed
two hundred dollars ($200. 00) . Each day of violation shall
constitute a separate offense.
Se,ct.ion 6.. Emergency Clause,. An emergency exists requiring
consideration and adoption of this Ordinance on one (1) reading
for the reason that uncontrolled development �aithin the newly
annexed areas of the City could result in long term harm to the
proposed land use plan and zoning regulations presently under
consideration by City Council. It is necessary for the pro-
motion and pr_otection of public health, safety and welfare to
regulate such development pending final adoption of the City ' s
revised comprensive zoning ordinance.
PASSED, APPROVED AND ADOPTED this ��1,�. day of May, 1984.
c� �
Mayor _
ATTEST:
,
City Secretary
-3-