HomeMy WebLinkAboutOrdinance No. 2020-04 ORDINANCE NO.2020-04
AN ORDINANCE AMENDING APPENDIX C "ZONING
ORDINANCE," "SECTIONS 7. SCHEDULE OF DISTRICT
REGULATIONS," "SECTION 7.5. COMMUNITY
OVERLAY DISTRICT," AND "SECTION 8. N.
DOWNTOWN DISTRICT SUPPLEMENTAL
REQUIREMENTS" TO CHANGE BUILDING MATERIAL
REQUIREMENTS PER HOUSE BILL 2439; 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 monitoring
changes enacted by the Texas State Legislature; and
WHEREAS, the Texas State Legislature adopted House Bill 2439, that nullifies any city
regulation which prohibits or limits, directly or indirectly, the use or installation of a building
product or material in the construction,renovation,maintenance,or other alteration of a residential
or commercial building,if the building product or material is approved for use by a national model
code published within the last three code cycles that applies to the construction, renovation,
maintenance, or other alteration of the building, except in the case of limited circumstances listed
in the law; and
WHEREAS, House Bill 2439 states that a rule, charter provision, ordinance, order,
building code, or other regulation adopted by a governmental entity that conflicts with this new
law is void; and
WHEREAS, House Bill 2439 went into effect September 1, 2019;
WHEREAS,the Planning and Zoning Commission and the City Council have conducted,
in the time and manner required by law and the City Code of Ordinances, public hearings on the
proposed ordinance changes,allowing all persons attending to be heard on the question of whether
the changes being requested would affect the public health, safety, or general welfare of the
citizens of Friendswood; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the amendments; 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. That the facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 7. Schedule of District Regulations" is hereby amended to read as follows:
Section 7. - Schedule of district regulations.
F. (C-1) CSC, Community Shopping Center District, general purpose and description.
The CSC, Community Shopping Center District,is intended for a unified grouping, in one
or more buildings, of several, typically between five and 20, retail and service shops or
stores that provide for the regular needs and are for the convenience of the people residing
in adjacent residential neighborhoods. Gross floor area in a community shopping center
typically ranges from 30,000 to 100,000 square feet, and land area consists of two to ten
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acres in size.It is intended that the community shopping center be developed as a unit,with
adequate off-street parking for customers and employees,and with appropriate landscaping
and screening to ensure compatibility with surrounding residential environment. This
district is ideally located at the intersection of two or more arterial or major streets with a
service area of up to 1'/2 miles. Development of a community shopping center requires
approval of a development site plan by the planning and zoning commission.
1. Area and height regulations.Area and height regulations in a CSC district are set forth
in subsection Q.2 of this section, regulation matrix.
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 CSC district under certain circumstances and
conditions.
4. Permitted uses. Uses permitted in a CSC district are set forth in subsection P of this
section,permitted use table. A specific use permit for a shopping center as a particular use
is required before any building permit or certificate of occupancy may be issued in this
district.
5. No CSC district shall be created which includes less than two acres.
6. Buildings in the CSC zoning district shall are encouraged to have exterior cladding
of brick, masonry, stone, stucco or glass. Fiber cement boards/siding are prohibited
discouraged, except as trim for eaves and overhangs, while all building products and
materials approved for use by a national model code published within the last 3 code
cycles (2018, 2015 and 2012) are allowed by Texas Government Code Chapter 3000.
G. NC, Neighborhood Commercial District, general purpose and description. The NC,
Neighborhood Commercial District, is primarily intended for retail sales, services and
office activities in a mixed grouping. This designation is intended for use along major
thoroughfares and collector streets where larger tracts of land can be utilized as coordinated
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commercial centers. This designation is intended for use of land areas between one-quarter
acre and two acres. Structure size is typically between 4,000 and 20,000 square feet.
Development of a neighborhood commercial district requires approval of a development
site plan by the planning and zoning commission. Office uses permitted in this district shall
not exceed 60 percent of the gross building and structure floor area.
1. Area and height regulations.Area and height regulations in an NC district are set forth
in subsection Q.2 of this section,regulation matrix.
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 NC district under certain circumstances and
conditions.
4. Permitted uses. Uses permitted in an NC district are set forth in subsection P of this
section,permitted use table.
5. Building site coverage consisting of all buildings and structures and all paved surfaces
shall not exceed 90 percent of the total lot area.
6. Buildings in the NC zoning district shall are encouraged to have exterior cladding of
brick, masonry, stone, stucco or glass. Fiber cement boards/siding are prohibited
discouraged, except as trim for eves and overhangs, while all building products and
materials approved for use by a national model code published within the last 3 code
cycles (2018, 2015 and 2012) are allowed by Texas Government Code Chapter 3000.
G-1. LNC, Local Neighborhood Commercial District, general purpose and description.
The LNC, Local Neighborhood Commercial District, is primarily intended for retail sale
of convenience goods or services for persons residing in adjacent residential areas. Other
uses are permitted in the LNC when they are of similar land use intensity and physical
impact as those uses to be integrated into the surrounding residential area. Because the
retail and personal service uses permitted may be an integral part of the neighborhood,
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closely associated with the residential, religious, recreational, and educational uses in the
neighborhood, more restrictive requirements are placed on development relative to other
commercial zoning categories. The local neighborhood district is intended for use at the
entrance to residential areas and in some situations within the confines of a residential
district. This designation is intended for use of land areas of up to one acre. Development
of a local neighborhood commercial district requires approval of a development site plan
by the planning and zoning commission.
1. Area and height regulations. Area and height regulations in an LNC district are set
forth in subsection Q.2 of this section,regulation matrix.
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 LNC district under certain circumstances and
conditions.
4. Permitted uses. Uses permitted in an LNC district are set forth in subsection P of this
section,permitted use table.
5. The gross building and structure floor space shall not exceed 4,000 square feet.
6. Building site coverage consisting of all buildings and structures and all paved surfaces
shall not exceed 80 percent of the total lot area.
7. Buildings in the LNC zoning district shall are encouraged to have exterior cladding
of brick, masonry, stone, stucco or glass. Fiber cement boards/siding are prohibited
discouraged, except as trim for eves and overhangs, while all building products and
materials approved for use by a national model code published within the last 3 code
cycles (2018, 2015 and 2012) are allowed by Texas Government Code Chapter 3000.
H. OPD, Office Park District, general purpose and description. The OPD, Office Park
District, is intended to encourage and permit general professional and business office
Ord No. 2020-04 5
development in a fashion consistent with surrounding development. This district is ideally
suited as a buffer between commercial and residential areas. As such,it shall be considered
for entrances and land adjacent to residential developments. The ultimate development is
to provide land use intensity and landscaping consistent with surrounding areas.
Development of an office park district requires approval of a development site plan by the
Planning and Zoning Commission.
1. Area and height regulations. Area and height regulations in an OPD are set forth in
subsection Q.2 of this section, regulation matrix.
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 OPD under certain circumstances and
conditions.
4. Permitted uses. Uses permitted in an OPD are set forth in subsection P of this section,
permitted use table.
5. Show window or display window effects shall not be permitted and there shall be no
display from windows or doors and no storage of merchandise in the building or on the
premises except in quantities customarily found in professional or business offices.
6. Retail operations that are primarily for selling to office park occupants are permitted.
Examples of these retail operations would be restaurants, coffee shops, office supply,
barbershops, gift shops, health spas, specialty stores.
7. One caretaker's quarters unit may be provided for each office park complex.
8. Building site coverage consisting of all buildings and structures and all paved surfaces
shall not exceed 90 percent of the total lot area.
9. Buildings in the OPD shall are encouraged to have exterior cladding of brick,
masonry, stone, stucco or glass. Fiber cement boards/siding are pfehibited discouraged,
except as trim for eves and overhangs, while all building products and materials
Ord No. 2020-04 6
approved for use by a national model code published within the last 3 code cycles
(2018, 2015 and 2012) are allowed by Texas Government Code Chapter 3000. The
Planning and Zoning Commission may approve alternative exterior facade materials.
I. Downtown District (DD), general purpose and description. The DD, downtown
district, is designed to accommodate and promote the city's original business and
downtown areas. It is intended to achieve a balance of retail, commercial, office, and
residential and public activities. Development within the DD should be pedestrian friendly
with an emphasis on shared parking and shared access between developments.
Development within the DD requires the approval of a development site plan by the
Planning and Zoning Commission.
1. Area and height regulations. Structures within the DD are intended to be between one
to four stories. The maximum height allowed is 70 feet as measured in accordance with the
method prescribed in section 20. Additional regulations are set forth under subsection Q.2
of this section, regulation matrix.
a. No residential use shall be allowed on the first floor.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in the DD are set forth in subsection P of this section,
permitted use table.
4. Buildings in the DD shall are encouraged to have exterior cladding of brick,
masonry, stone, stucco, glass or lap sided cement fiberboard. Sheet cement fiberboards are
prohibited discouraged, except as trim for eves and overhangs, while all building
products and materials approved for use by a national model code published within
the last 3 code cycles (2018, 2015 and 2012) are allowed by Texas Government Code
Chapter 3000. The Planning and Zoning Commission may approve alternative exterior
facade r aterials
Ord No. 2020-04 7
O. BP, Business Park District. The BP, Business Park District, is intended to encourage
and permit light manufacturing and/or service operations and auxiliary retail and wholesale
sales. The business may be individually owned or leased by a common owner. The types
of uses, and the design and exterior appearance shall be so controlled as to maintain the
integrity and be generally compatible with adjacent surrounding residential and
commercial development. All services, manufacturing and storage are to be indoors. This
district shall access or abut major thoroughfare and/or collector streets. It is intended that
the business park be developed as a unit. Development of a business park district shall be
developed on a minimum of 10,000 square feet and shall be subject to site plan approval
by the planning and zoning commission.
1. Area and height regulations. Minimum size business park 10,000 square feet, no
structure within a BP shall be located within 25 feet of an exterior BP boundary(an exterior
BP boundary is one that abuts a zone other than BP).
2. See section 9 for temporary certificates of zoning compliance that may be granted by
the administrative official and specific use permit that may be recommended by the
planning and zoning commission within the BP district under certain circumstances and
conditions.
3. See section 8 for supplementary district regulations.
4. Permitted uses. Uses permitted in a BP district are set forth in subsection P of this
section,permitted use table.
5. Light manufacturing is permitted only if limited to final machining,assembly,testing,
processing and packaging into finished goods from raw materials produced elsewhere,such
as electronic parts assembly, medical products processing, mechanical parts assembly and
aerospace equipment processing.
6. Truck docking facilities are permitted, provided they are located in the rear or side
yard and screened from view of adjacent street right-of-way.
7. Screening devices for refuse containers are required.
Ord No. 2020-04 8
8. Parking shall be designated on the parking group section of the permitted use table.
However, a minimum of four parking spaces per business or four spaces per 1,000 square
feet of gross building floor space for each structure, whichever is greater, is required.
9. Performance standards shall conform to section 8.J as shown in the CSC zoning
district.
10. Exterior requirements. All buildings are encouraged to be constructed must-have
with at least 65 percent of their exterior walls, excluding doors and windows, constructed
of masonry materials, or concrete construction or a combination of masonry, concrete,
aluminum or glass materials, while all building products and materials approved for
use by a national model code published within the last 3 code cycles (2018, 2015 and
2012) are allowed by Texas Government Code Chapter 3000
Section 3. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 7.5 Community Overlay District" is hereby amended to read as follows:
6. Architectural elements. Garage bays or other similar large openings designed for
automotive or industrial work,or designed for vehicles to drive into, shall not front a COD
thoroughfare unless screened with architectural or landscaping materials as outlined under
subsection 3 of this section. This prohibition shall not include drive-throughs such as are
typically found at banks or fast-food establishments. In the event that COD requirements
overlap at intersections, architectural requirements regarding garage bays shall apply only
to the frontage on one street as designated on the site plan.
a. Commercial.
(1) Commercial developments shall are encouraged to have exterior cladding of brick,
masonry, stone, stucco or glass on all sides of the building. Fiber cement boards/siding are
Ord No. 2020-04 9
prohibited discouraged, except as trim for eves and overhangs, while all building
products and materials approved for use by a national model code published within
the last 3 code cycles (2018, 2015 and 2012) are allowed by Texas Government Code
Chapter 3000. These exterior facades, as well as the roof, shall be limited to earth tone
colors. Color samples shall be submitted and approved as a part of the commercial site
plan.
materials,
s
(2) The design of walls and other structures located on the same site, including those
used to screen outdoor storage areas, dumpsters, vehicles, etc., shall are encouraged to be
constructed of the same materials as the main building on the lot. Cyclone fences are
prohibited, except under limited circumstances, the commission may approve a vinyl
coated cyclone fence.
elevation drawings„fprep sed alternative materials rrt,e planning and zoning commission
may approve such alternative materials if they meet or exceed the appearance and
durability« nts a ovo
b. Residential.
(1) Residential developments not facing a COD thoroughfare shall be required to install
a visual barrier to a minimum mature height of six feet as measured from the finished grade.
The barrier shall be set back from the street right-of-way line by a minimum of ten feet.
Various materials may be utilized, including landscaped earth berms, provided the
Ord No.2020-04 10
materials are durable and require low maintenance. All barriers shall be maintained by the
owner of the property on which such barrier is located, or by a homeowners' association.
If a homeowners'association is to provide such maintenance,the obligations therefor shall
be set forth in writing, and filed of record in the same manner that other restrictive
covenants are filed. Subdivision plats submitted for residential property along a COD
corridor shall include detailed information and visual representations of the proposed
barrier, and such other information as deemed necessary by the planning and zoning
commission to establish compliance with this subsection.
(2) Trees shall be planted adjacent to the barrier, on the COD thoroughfare side, at
intervals of 25 feet, with one-half having a minimum caliper of four inches and one-half
having a minimum caliper of two inches. Existing qualified trees may be counted toward
fulfillment of this requirement, provided that the size, species, and guaranteed duration
shall meet the criteria of the landscaping section of this appendix. (Clustering of trees shall
be permitted, provided, however, clustering shall not reduce the number of required trees,
and trees shall not be clustered so as to lessen the survival rate of other trees.)
Section 4. Tliat the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 8.N. Downtown District"is hereby amended to read as follows:
4. Architectural standards.
a. Buildings in the DD shall are encouraged to have exterior cladding of brick,masonry,
stone, stucco, glass, or lap sided cement fiberboard. Sheet cement fiberboards are
prehibited discouraged, except as trim for eves and overhangs, while all building
products and materials approved for use by a national model code published within
the last 3 code cycles (2018, 2015 and 2012) are allowed by Texas Government Code
Ord No. 2020-04 11
Chapter 3000. T-he Planning and Zoning Commiss;on a alternative exterior
facade matey als
b. Exterior facades, including the roof, shall be limited to earth tone colors. Color
samples shall be submitted as part of the commercial site plan. Earth tone colors depict the
colors in nature; they include flat and muted shades of brown, green, blue, orange, and
some reds and tans.
c. Fenestration shall mean the openings in a wall, such as doors and windows,to include
faux windows whether transparent or not. Such windows may be inoperative but must be
framed as a window and otherwise appear to be a window. Painted openings would not be
counted in fenestration calculations. Fenestration along front or other facades visible to the
public shall are encouraged to be as follows:
(1) Walls visible to the public shall have windows and or doors (i.e., no blank walls
allowed).
(2) Not less than 40 percent fenestration shall be provided for all ground floor primary
facades (front or side)that face a public right-of-way.
(3) Not less than 25 percent fenestration shall be provided for all upper floor facades.
d. Awnings and canopies are allowed upon approval of the Planning and Zoning
Commission.
e. Fenestration calculations. Preferred fenestration minimum:
(1) Area of ground floor primary wall facing ROW x 40 percent=minimum fenestration.
(2) Area of upper floor x 25 percent=minimum fenestration.
f. Garage bays or other similar large openings designed for automotive or industrial
work, or designed for vehicles to drive into, shall not front FM 518 or FM 2351 within the
Downtown District boundary. This prohibition shall not include drive-thrus such as are
typically found at banks for fast-food establishments. In the event that this requirement
Ord No. 2020-04 12
overlaps at an intersection,the architectural requirement regarding garage bays shall apply
only to the frontage on one street as designated on the site plan.
5. Screening.
a. Mechanical equipment, such as roof top equipment, compressors, refrigeration units
and trash enclosures, outside storage, and other nonpublic service areas that are visible
from a public area, shall be screened to a height sufficient to completely screen the use
from view at ground level.The term"view at 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 street or streets.
b. The design of walls and other structures located on the same site,including those used
to screen outdoor storage areas, dumpsters, vehicles, etc. flail are encouraged to be
constructed of the same materials as the building on the lot. Cyclone fences are prohibited.
Under limited circumstances, the Planning and Zoning Commission may approve a vinyl
coated cyclone fence.
c. See Section 8.L. for additional dumpster screening requirements.
6. Sidewalks.
a. Each development along FM 2351 and FM 518 shall provide a minimum 15-foot-
wide parkway adjacent to the street right-of-way. The 15-foot parkway must contain an
unobstructed brick-paved sidewalk, as described in Appendix E of the Design Criteria
Manual, at least eight feet wide and a seven-foot wide landscape area.
b. Each development along all other streets within the downtown district shall provide a
concrete sidewalk built in accordance with city standard specifications and shall be a
minimum of six feet in width. Concrete sidewalks shall be built within the street right-of-
way and adjacent to the right-of-way lines.
c. If sidewalks cannot be placed wholly within the right-of-way and must be placed on
private property, easements of the appropriate width shall be required.
Ord No. 2020-04 13
Section 5. That 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.
Section 6. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 7. That 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 8. That after final passage, the City Secretary shall give notice of the enactment
of this Ordinance by promptly publishing the information required by the City Charter in the
official newspaper of the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 6th day of January,2020.
PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of
February,2020.
t
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Mike Foal
Mayor
.....
ATTEST: .400� FRI4O•
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Melinda Welsh, TRMC ,N�
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Ord No. 2020-04 14
City Secretary
Ord No. 2020-04 15