HomeMy WebLinkAboutOrdinance No. 2019-06 (An ordinance amending Appendix C"Zoning,"Section 7.5,"Community Overlay District,"
Subsection 3, "Screening", Subsection d, "Refuse storage areas, dumpsters, and all related
activities" by adding a reference to Section 8.L. for additional screening details for
dumpsters and recycling storage containers.)
ORDINANCE NO.2019-06
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
SECTION 7.5, "COMMUNITY OVERLAY DISTRICT,"
SUBSECTION 3, "SCREENING", SUBSECTION D,
"REFUSE STORAGE AREAS, DUMPSTERS, AND ALL
RELATED ACTIVITIES" BY ADDING A REFERENCE TO
SECTION 8.L. FOR ADDITIONAL SCREENING DETAILS
FOR DUMPSTERS AND RECYCLING STORAGE
CONTAINERS; 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")relating to land use and other circumstances, and;
WHEREAS,the City Council wishes to update and revise the requirements for dumpster
screening, to facilitate the orderly development and growth of the City of Friendswood; and
WHEREAS, the Planning and Zoning Commission of the City of Friendswood has
conducted a public hearing,received input from staff and has issued its final report recommending
the amendments referenced hereafter; and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted
a joint public hearing in the time and manner required by law; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. FINDINGS OF FACT.
The facts and matters set forth in the preamble of this Ordinance are hereby found to be
true and correct.
Section 2. The City of Friendswood Code of Ordinances, Appendix C, "Zoning",
Section 7.5, "Community Overlay District", Subsection 3, "Screening", Subsection D, "Refuse
Storage Areas, Dumpsters, and all Related Activities", is hereby amended by adding a reference
to Section 8.L,to read as follows:
Appendix C
Zoning
Section 7.5. - Community overlay district.
1. General purpose and description. The community overlay district (COD) is intended to
preserve and enhance the physical characteristics of the city along its entryways and in the
downtown area by promoting the safety,welfare, convenience, and enjoyment of travel along
these roads; providing for unified and orderly development; and promoting and aiding
economic growth. The establishment of a COD does not repeal the underlying zoning
classification of property to which the COD applies. The requirements of the COD are in
addition to the requirements of the underlying zoning district, with the exception of the
downtown district. The COD does not apply to the DD. The DD is subject to supplementary
regulations and the DD geographic limitations as shown on the official zoning map. The COD
includes the following thoroughfares: FM 2351 from Friendswood City Limit to Friendswood
City Limit,FM 518 from the Friendswood City Limit to the Friendswood City Limit,FM 528
from Friendswood City Limit to Friendswood City Limit,Friendswood Lakes Boulevard(also
known as Brittany Bay) from Friendswood City Limit to Friendswood City Limit, Bay Area
Boulevard, from Friendswood City Limit to FM 528.
2. Boundaries. The boundary of the COD shall be parallel to the thoroughfare right-of-way to
include nonresidential properties within 300 feet from the right-of-way. If any portion of such
property is within 300 feet, the entire tract is subject to the COD requirements.
Ord No.2019-06 2
3. Screening. The following uses on the site shall be screened to a height sufficient to completely
screen the use from view at ground level. For the purposes of this subsection, the term "view
from ground level" shall mean the view from public walkways situated in the adjoining rights-
of-way or from vehicular traffic in the first two traffic lanes in the bordering streets of the
COD.
a. All outside storage;
b. Industrial activities;
c. Off-street loading areas;
d. Refuse storage areas, dumpsters, and all related activities; See section 8.L.
e. Air conditioning, refrigeration, heating, and other mechanical and electrical equipment;
f. Microwave and satellite antennas not otherwise preempted from regulation by applicable
law or regulation;
g. Detention ponds*; and
h. Garage bays fronting on the thoroughfares described in subsection 1 of this section.
An opaque screen composed of berms,** walls, fences, vegetation, or a combination of these
materials between the property line and the development shall be used; however, in no case shall
any of the above-mentioned activities be closer to the street than the setback line.
*If detention ponds are part of the landscaping plan, screening would not be necessary. Ponds may
be located no closer than ten feet from abutting rights-of-way if the pond serves only the subject
property.
**Berms used for any type of screening shall be limited to a height of three feet above finished
grade at the front property line (not including detention facilities), and shall be landscaped.
Section 3. INCORPORATION INTO THE CODE,PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code of
Ordinances.Violation of this Ordinance is subject to the penalty provisions contained in such Code
under Section 1-14 "General penalty for violations of Code; continuing violations", and as
otherwise provided by law. Any person who shall willfully, intentionally, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof,shall be fined in an amount not to exceed$2,000.00.Each day of violation
shall constitute a separate offense. An owner may take advantage of the changes to the buffering
requirements without the need to provide a revised site plan, by requesting an appropriate permit,
if the requested change is limited solely to the buffering requirements made on the basis of this
Ordinance.
Section 4. REPEAL OF CONFLICTING ORDINANCES.
Ord No.2019-06 3
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.
PASSED AND APPROVED on first reading this 4th day of February,2019.
PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day of
March,2019.
LIi /
oreman
M. or
ATTEST:
Melinda Welsh, TRMC •U . '. O• •
City Secretary ` • •
. N . #•
••9TF O F T ESP,. .
•• . . . . . .
Ord No.2019-06 4