HomeMy WebLinkAboutOrdinance No. 2018-16 (Title: An ordinance adopting revisions and updates to Appendix C "Zoning," Section
7.Q.3. "Area and Height exceptions," by adding"g. Stairs in Certain Situations," and
exception to allow stairs of an elevated house to encroach the front building line in certain
situations)
ORDINANCE NO. 2018-16
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,TEXAS,
APPENDIX C — "ZONING," SECTION 7, "SCHEDULE OF
DISTRICT REGULATIONS," SUBSECTION 7.Q.3. "AREA
AND HEIGHT EXCEPTIONS" BY ADDING "G. STAIRS IN
CERTAIN SITUATIONS," AN EXCEPTION TO ALLOW
STAIRS OF AN ELEVATED HOUSE TO ENCROACH THE
FRONT BUILDING LINE IN CERTAIN SITUATIONS;
PROVIDING A PENALTY FOR VIOLATION IN AN
AMOUNT NOT TO EXCEED $2000, OR AS OTHERWISE
PROVIDED BY LAW; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the city Code of Ordinances, specifically including Appendix C of the Friendswood
City Code, ("Zoning Ordinance") relating to land use and other circumstances which generally
impact the health, safety and well-being of residents, citizens and inhabitants; and
WHEREAS, as a result of the Harvey flood, specifically, homeowners are either being
required to elevate their homes or are choosing to elevate their homes on existing foundations; and
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Friendswood have studied the present provisions of the Zoning Ordinance and have determined
the need to revise and update the provisions related to exceptions for Area and Height in order to
allow stairs to encroach the front building line in certain situations to facilitate orderly growth of
the City and the protection of the health, safety and welfare of the inhabitants of the City of
Friendswood; and
WHEREAS, the Planning and Zoning Commission of the City of Friendswood has
conducted a public hearing,received input from staff and has issued its final report recommending
the amendments referenced hereafter; and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted
a joint public hearing in the time and manner required by law; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1.FINDINGS OF FACT.
That the facts and matters set forth in the preamble of this Ordinance are hereby found to
be true and correct.
Section 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE,APPENDIX C,
"ZONING," SECTION 7.Q.3 "AREA AND HEIGHT EXCEPTIONS.
Amend the City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of
District Regulations," Subsection 7.Q.3. "Area and Height Exceptions," by adding "g. Stairs in
Certain Situations," an exception for uncovered stairways used to access an elevated house to
encroach the front building line on residential lots if the stairs are a minimum of ten feet from the
Ord.No.2018-16 2
front property line, the building is being elevated or reconstructed on an existing foundation to
meet or exceed current City Flood Ordinance regulations,the stairway projection into the required
yard is limited to the minimum area required to meet elevation standards per the adopted building
code, and the stairway, at its widest point, shall not exceed 10 feet, as depicted in Exhibit "A"
which is hereby made part of this Ordinance.
Section 3. INCORPORATION INTO THE CODE, PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code.
Violation of this Ordinance is subject to the penalty section of said Code of Ordinance, Section I-
14"General penalty for violations of Code;continuing violations."Any person who shall willfully,
intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
Section 4. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 5. SEVERABILITY.
In the event any clause, phrase, provision, sentence, or part of this Ordinance or the
application of the same to any person or circumstances shall for any reason be adjudged invalid or
held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate
this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid
or unconstitutional; and the City Council of the City of Friendswood,Texas,declares that it would
have passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional,whether there be one or more parts.
Section 6. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
Ord.No.2018-16 3
PASSED AND APPROVED on first reading this 4th day of June,2018.
PASSED, APPROVED, and ADOPTED on second and final reading this 2nd day of
July,2018.
Mike F eman
Mayor
ATTEST:
FRIE%��s
Melinda Welsh, TRMC
City Secretary :*
•Nom'•. :'6j
••'9rFOFTE�P.•
Ord.No.2018-16 4
Exhibit"A"
REGULATION MATRIX-RESIDENTIAL DISTRICTS
Circled letters letters in parentheses) refer to paragraph s in section 7-Q.3
Unit Lot Lot Yards- Minimum Feet Height Parking Zero Maximu
s Area Widt Maximu Requireme Lot m
per Minimu h m nt Line Lot
Acre m Fron Rea Side Feet Unit s Coverag
Square (b and Y or e
Feet t Via) e) N
Interio Exterior
r (Corner Lot)
(d)
Backing Backing
Up to Up to
an an
Abuttin Abuttin
8 9
Side Rear
Yard Yard
SFR 2.7 11,600 90 A 25 B 25 10 F 25 A 2.0 C 40 K No 35%
Single
Family
Residents
al
SFR 2.7 15,600 120 25 B 25 10 25 B 20 C 40 K No 35%
Single A
Family
Residents
at
SFR - E 0.5 87,120 150 75 25 25 35 35 40 K No 20
Single A
Family
Residenti
at Estate
MFR - L 6 G 7,260 G 45 G 25 B 25 10 E, 125 B 20 C 40 K No 50
Multi
Family
- Low
Ord.No.2018-16 5
MFR - M 9 — — 25B 0 10 E, 1 25 B 20 C 40 K No 50
Multi
Family
- Medium
MFR - H 12 — — 25B 0 10 E, 1 25 B 20 C 40 K No 50
Multi
Family
- High
MHR 10 — — 25 B 25 101 30 25 B 20 K No 50
Mobile
Home
A I — — — 25 B 25 101 25 B 20 C 40 K No 10%
MFR-GHD 6 6,000 60 20 20 0 D, J 5 B, H 4 C, H 40 K Yes 50
Garden B, H D
Home
District
A. Lots of less than 120 feet wide require curbs. Lots 120 feet wide or greater may
use open ditches.
B. Thirty-five feet on thoroughfares.
C. Twenty-five feet on thoroughfares.
D. Zero set-back on side only, minimum five-foot separation between buildings.
E. Ten foot minimum separation between buildings.
F. Lots currently in existence with less than 90 feet of width that have structures
already built upon them may continue with the same existing set back for additions
provided they are not less than a minimum of five feet.
G. Developer must elect either units per acre or lot area. Two family residential units
on two lots are required when lot area is elected.
H. Front yard and exterior side yard setbacks shall be measured from the edge of the
street ROW or the edge of the Drainage Utility/Access easement(if streets are
private)whichever is greater.
I. Twenty-five feet when abutting land zoned single-family residential (SFR)district.
J. Ten feet when abutting land zoned anything other than MFR-GHD (Garden Home
District).
K. Parking is required in accordance with the Parking Group Table in the Design
Criteria Manual.
Ord.No.2018-16 6
3. Area and height exceptions.
a. Unattached accessory buildings or structures less than 25 feet in height,
as measured from the adjacent grade to the highest point of any portion of
such building or structure, may be located in required rear or side yards
within residential districts, provided they are set back not less than five feet
from any interior side lot line, 20 feet from any side lot line adjacent to a side
street, and ten feet from any rear lot line.
b. A building structure may not exceed 40 feet in height measured from the
minimum habitable floor elevation; provided, however, that:
1. Buildings or structures in Community Shopping Center(CSC),
Neighborhood Commercial (NC), Office Park(OPD), Light Industrial
(LI), Industrial (1), Business Park (BP) districts may exceed 40 feet in
height when:
a. The building setback from the nearest property line is equal
to the building height. Further, the building or structure shall fit
under an imaginary line that is not greater than 45.0 degrees
at the property line from a horizontal line established at the
minimum habitable floor elevation. Provided, however, no
building or structure on property adjacent to a residential zone
shall have a height that exceeds 50 feet unless a specific use
permit shall have been granted therefore in accordance with
subsection 9.G. of this appendix.
b. Buildings or structures of 40 feet or less in height shall
meet the setback requirements as defined in this appendix.
2. Exceptions: Structures located within a General PUD or PUD-
Mixed Use shall be exempt from the height limitations contained
herein. Height limitations for buildings or structures located within a
General PUD or PUD-Mixed Use application will be as established in
the Ordinance authorizing and approving the Planned Unit
Development.
3. The maximum height allowed for structures within the Downtown
District(DD) is 70 feet as measured in accordance with the method
prescribed in Section 20, Definitions, subsection 00, Height.
c. Interior side yards shall not be required for abutting properties in the same
zoning district if both properties are developed as a unit under a common
development plan.
Ord.No.2018-16 7
d. When individual attached townhouses or condominiums are to be sold
separately, there shall be no minimum lot area requirements provided that
the total land area of the project, including the land on which the units are
located and the land held in common ownership by the unit owners, is equal
to the total minimum land area required per dwelling unit or lot in the district
in which the project is located.
e. The height regulations of this section shall not apply to belfries, chimneys,
church spires, conveyors, cooling towers, elevator bulkheads, fire towers,
storage towers, flagpoles, monuments, ornamental towers:or spires, cranes,
construction equipment, smokestacks, stage towers and scenery lofts, tanks,
water towers, ham radio and television antennas, microwave relay, radio and
television transmission towers and items similar to those listed herein. The
total combined maximum height for these items and the structure is 50 feet
overall height, measured from the first finished floor to the highest point,
unless otherwise approved by the planning and zoning commission.
f. Minimum front yard setbacks for lots with predominant frontage on the
curved radius of a cul-de-sac shall be 15 feet.
g. Stairs in Certain Situations. In residential zoning districts that have
minimum front yard requirements, uncovered stairways associated with a
residential use may project into the required front yard but shall remain a
minimum of 10 feet from the front property line, if:
1. A building is being elevated or reconstructed on an existing
foundation to meet or exceed current City floodplain standards:
and
2. The stairway projection into the required front yard is limited to
the minimum area required to meet elevation standards: and the
stairway, at its widest point, shall not exceed 10 feet.
Ord.No.2018-16 8