HomeMy WebLinkAboutOrdinance No. 2005-32 (Title: An ordinance authorizing application of exceptions to height limits in CSC, OBD,
and NC if in compliance with certain additional set back requirements; and requiring a
specific use permit for structures over 50 feet; providing a penalty; and providing for
severability.)
ORDINANCE NO.2005-32
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD
CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY
ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE
ZONING ORDINANCE OF THE CITY, PROVIDING THAT BUILDINGS
AND STRUCTURES IN THE COMMUNITY SHOPPING CENTER
DISTRICT (CSC), THE ORIGINAL BUSINESS DISTRICT (OBD), AND
THE NEIGHBORHOOD COMMERCIAL DISTRICT (NC) SHALL BE
SUBJECT TO THE EXCEPTION ALLOWING BUILDINGS AND
STRUCTURES TO HAVE HEIGHTS EXCEEDING THIRTY-FIVE FEET
(35') IF FITTING UNDER AN IMAGINARY LINE THAT IS NOT
GREATER THAN FORTY FIVE DEGREES (45°) AT THE PROPERTY
LINE FROM A HORIZONTAL LINE ESTABLISHED AT THE
MINIMUM HABITABLE FLOOR ELEVATION; PROVIDING THAT
BUILDINGS OVER FIFTY FEET (50) SHALL BE PERMITTED ONLY
PURSUANT TO A SPECIFIC USE PERMIT; PROVIDING THAT THE
MINIMUM SET BACK FOR BUILDINGS AND STRUCTURES IN THE
COMMLTNITY SHOPPING CENTER DISTRICT (CSC), THE ORIGINAL
BUSINESS DISTRICT (OBD), AND THE NEIGHBORHOOD
COMMERCIAL DISTRICT (NC) THAT ARE OVER THIRTY FIVE
FEET (35') IN HEIGHT SHALL BE SET BACK ONE-HUNDRED (100)
FEET PLUS THE BUILDING OR STRUCTURE HEIGHT FROM THE
NEAREST PROPERTY LINE OF RESIDENTIALLY ZONED LAND;
PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY.
* * * * * * * * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Appendix C of the Code of Ordinances of the City of Friendswood, Texas,
said Appendix C being the City's Zoning Ordinance, is hereby amended by deleting the text
contained in brackets and adding the underlined text in Subparagraph b.l. of Paragraph 3 of
Subsection Q of Section 7 thereof, as follows:
"3. Area and height exceptions.
b. A building...
1. Buildings or structures in Communitv Shopping Center
(CSC), Original Business District (OBD),Neighborhood
Commercial (NC), Office Park (OPD), Light Industrial
(LI), Industrial (I), Business Park (BP) and Planned Unit
Development (PUD) districts may exceed thirty-five (35)
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 nropert_y adiacent to a
residential zone shall have a hei�ht that ezceeds
fifty feet (50') unless a suecific use permit shall
have been granted therefor in accordance with
Section 9,G of this Ordinance.
b. The minimum setback for any building or structure
in Community Shoppin� Center (CSC), Original
. Business District (OBD), Nei�hborhood
Commercial (NC), Office Park (OPD), Light
Industrial (LI), Industrial (I), Business Park (BP)
and Planned Unit Development (PUD) which is
greater than thirty-five (35) feet in height, shall be
one-hundred (100) feet plus the building or
structure height from the nearest property line of
residentially zoned land.
c. The minimum setback for buildings or structures
taller than thirty-five (35) feet shall be that which
provides the greatest distance from the nearest
property line of residentially zoned land, as
determined by either(a) or(b) above.
d. Buildings or structures of thirty-five feet or less in
height shall meet the setback requirements as
defined in this Appendix."
Ord.2005-32 2
Section 2. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
Section 3. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person ar 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.
PASSED AND APPROVED on first reading this 3rd day of October,2005.
PASSED,APPROVED, and ADOPTED on second and final reading this 17th day of
October,2005.
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Kimball W. Brizendine
Mayor
ATTEST:
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Deloris McKenzie, T C
City Secretary �� � �
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O�rs�y� '�
Ord.2005-32 3