HomeMy WebLinkAboutOrdinance No. 2020-16 ORDINANCE NO. 2020-16
AN ORDINANCE AMENDING APPENDIX C "ZONING
ORDINANCE," "SECTION 10. BOARD OF ADJUSTMENT-
ESTABLISHMENT AND PROCEDURE," "SECTION 11.
SAME-POWERS AND DUTIES," "SECTION 12. APPEALS
FROM THE BOARD OF ADJUSTMENT," AND "SECTION
20. DEFINITIONS-VARIANCE"; PROVIDING A PENALTY
FOR VIOLATION IN AN AMOUNT NOT TO EXCEED
$2,000.00, 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 and
reviewing ordinances; and
WHEREAS,the City Council of the City of Friendswood deems it necessary for the City
of Friendswood local ordinances accurately reflect State law; and
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 10. Board of Adjustment— Establishment and Procedure" is hereby amended to read as
follows:
Section 10. —Board of Adjustment—Establishment and procedure.
Section 10. - Board of adjustment—Establishment and procedure.
A board of adjustment is hereby established, which shall consist of five members and four alternates
to be appointed by the city council, each for a term of two years. Members and alternates of the board of
adjustment may be removed from office by the city council when absent from two consecutive meetings
without an excuse or for cause upon written charges and after public hearing. Vacancies shall be filled by
the city council for the unexpired term of the member affected.
A. Proceedings of the board of adjustment.
(1) The board of adjustment shall adopt rules necessary to the conduct of its affairs, elect a
chairperson and an acting chairperson, and act in keeping with the provisions of this appendix.
Meetings shall be held at the call of the chairperson and at such other times as the board may
determine. The chairperson, or in his absence the acting chairperson, may administer oaths and
compel the attendance of witnesses. All meetings shall be open to the public.
(2) The board of adjustment shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote indicating such fact, and shall keep records of
its examinations and all of which shall be immediately filed in the office of the board and shall
be public record.
B. Application. Appeals to the board of adjustment concerning
interpretation or administration of this appendix may be taken by any person aggrieved by the
decision or lay any officer, department, board, or bureau of the city affected by the decision of
the administrative official. Such appeals shall be taken within--a--reasonab me, not to exceed
/15 days filed not later than the 20th day after the date the decision is made, by filing with the
official officer from whom the appeal is taken and with the board of adjustment a notice of appeal
specifying the grounds thereof. On receiving the notice, tThe official officer from whom the
appeal is taken shall fo##with immediately transmit to the board all the papers constituting the
record of the action that is appealed.upon which the action appealed from was taken.
Ord No.2020-16 2
A member of the governing body of the municipality who serves on the board of
adjustment may not bring an appeal under this section.
C. Notification and hearing process. Any request for an appeal, variance or special exception shall
require a public hearing before the board. A written notice of the hearing shall be sent to owners
of property situated within 200 feet of the exterior boundary of the property with respect to which
such appeal, variance or exception is requested ten days prior to public hearing. It shall be
sufficient that such written notice is addressed to the owner appearing on the most current tax roll
of the city and addressed to such owner at the address stated on said roll. If no owner is stated
on the tax roll, or no address appears thereon, the written notice to such property owner shall not
be required.
The city council and planning and zoning commission shall be informed of any hearing for an
appeal, variance or special exception of the zoning or sign ordinance.
D. Fee. A processing fee as described in subsection 14 shall be paid to the city in advance of the
hearing. In the event the application is withdrawn prior to the mailing of the required written
notification or publication in the official newspaper, the fee shall be refunded.
E. Hearings. The board shall set a reasonable time for the appeal hearing. A party may
appear at the hearing in person or by agent or by attorney. The board shall decide the
appeal at the next meeting for which notice can be provided following the hearing and not
later than the 60th day after the date the appeal is filed.
FO. Stay of proceedings. An appeal stays all proceedings in furtherance of the action that is
appealedfrern, unless the official officer from whom the appeal is taken certifies in writing to the
board of adjustment after the notice of appeal shall have been filed with him that, by reason of
facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property
facts supporting the official's opinion that a stay would cause imminent peril to life or
property. In such that case, the proceedings shall not may be stayed other than only by a
restraining order which may he granted by the board of adjustment or by a court of record on
application, an after notice to the official officer from whom the appeal is taken and on if due
cause is shown.
Section 3. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 11. Same—Powers and duties" is hereby amended to read as follows:
Section 11. -Same—Powers and duties.
A. The board of adjustment shall have the following powers and duties:
Appeals. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative official in the
Ord No.2020-16 3
enforcement of this appendix. The board shall apply the following standards in deciding the
appeal-
1. That there is a reasonable difference of interpretation as to the specific intent of the zoning
regulations or zoning map.
2. That the resulting interpretation will not grant a special privilege to one property inconsistent
with other properties or uses similarly situated.
3. The decision of the board must be such as will be in the best interest of the community and
consistent with the spirit and interest of the city's zoning laws.
JB Variance; . To authorize—upon
appeal in specific cases, such a variance from the terms of this appendix the zoning ordinance
as will not be if the variance is not contrary to the public interest and, due where, owing to
special conditions, a literal enforcement of the previsions of this appendix ordinance would result
in unnecessary hardship, and so that the spirit of the appendixordinance is shall--be observed
and substantial justice is done. In exercising such powers of variance, the board may, in
conformity with the provisions of this appendix, reverse or affirm, wholly or partly, or may modify
all the powers of the officer from whom the appeal is taken
1. In granting any variance, the board of adjustment may describe appropriate conditions and
when made a part of the terms under which the variance is granted, shall be deemed a
0_12, Exceptions. Under no circumstances shall the board of adjustment grant a variance to allow
a use not permissible under the terms of this appendixa zoning ordinance in the district
involved, or any use, expressly or impliedly, prohibited by the terms of this appendix in said
district.
1_31G Special exceptions. To hear and decide special exceptions to the terms of this-appendixa
zoning ordinance upon which when this appendix requires the board is-required to pass-under
hi tr„s-app endixdo so.
1. Authority and scope. The board shall have the power to grant temporary and permanent
special exceptions from the city's zoning ordinance.
2. Permanent special exceptions. A permanent special exception may be granted only for the
following reasons:
Ord No.2020-16 4
Interpretive a Ithority If a definition or term of the nity's zoning ordinance is
ambiguous or contrary to common understanding, the board would clarify thc
definition or term based on the common definition or understanding of the term.
(Example: An attached garage is normally understood to mean one where there
are one or more common walls and a roof structure between the garage and thc
main property building. A board determination may be that roof structures alone
arc not considered walls so one or more buildings with a breezeway between
them may not be considered as "attached.") No additional special exception shall
be granted based on the board's initially interpreted definition.
b. De minimus exception. The board may grant a special exception for very small
exceptions to the zoning ordinance, where the spirit of the Code is met and there
is an overriding benefit to the applicant with no detriment to the surrounding
neighbors or the city. (An example would be where a 9'/2 foot setback for building
would be allowed where a ten foot setback is required, to allow the property
owner to save an oak tree.)
c. Medical necessity. The board may grant a special exception to the above cited
portions of the zoning ordinance if a medical neccs.ity is proven, or to meet the
requirements of the Americans with Disabilities Act. For medical reasons or
necess {fie r son for the ial xn tion must be related to the medical
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d. No other permanent special exception based on the board's decision or
determination in one case regarding structures may be granted for other cases
without the proper board determination on the subsequent cases.
e. A permanent special exception shall have no expiration date.
3. Temporary special exceptions. A temporary special exception, not to exceed 90 days in term,
may be granted by the board to allow for the construction of noncomplying structures for
reasons in addition to ambiguous definitions or terms, medical r ..ons/necc'city, or do
brought before the board, there needs to be:
1) A finding by the city's building official that an issue of noncompliance with the city's
zoning ordinance would exist by virtue of applicant's construction; and
Ord No.2020-16 5
2) There are demonstrated significant reasons why immediate action cannot
reasonably be taken by the applicant to achieve compliance with the city's zoning
ordinance.
No other temporary special exception based on the board's decision or
determination in one case regarding structures may be granted for other
rases without the prop determination on the subsequent cases
4. Requirements. Temporary or permanent special exceptions may be granted only after the
following items have been addressed:
noncompliance with the city's zoning ordinance;
b. The applicant has made a written request for a special exception in accordance
with \/T C A I ocal Government rode § 211 010 and section 1 O B;
c. The applicant's request is based on ambiguous definitions or terms, medical
reasons or nece-city or ADA compliance, or other special de minimis
circumstances, and that there are demonstrated significant economic reasons why
action cannot be taken by the applicant to achieve compliance with the city's
zoning ordinance;
d. There has been notice and a public hearing as required section 10.C;
e. The applicant agrees to accept reasonable conditions or actions that the board
may suggest to mitigate potential issues with or objections to the applicant's
request; however, the board cannot require such conditions or actions to be
accepted in return for a favorable decision by the board, rather the case must be
otherwise decided on its merits. (An example is installing additional property
drainage as a condition for side setback relief);
temporary special exceptions that would in effect allow a violation of the city's
health code, life safety code or fire safety code; and
g. Under no circumstances shall the board grant a request for a special exception
that would have the effect of allowing a use not permissible under the terms of-the
zoning ordinance in the district involved or any ise expressly or impliedly
prohibited by the terms of the zoning ordinance in the subject district.
Ord No.2020-16 6
making its determination, the board shall duly consider, where applicable, the following:
a. The most appropriate use of the land and conservation and stabilization of property
values;
c. Congestion of public streets, including ingress and egress to property with
d. Off-street parking, loading and service areas where required;
c. Economic, noise, dust, h at, glare or odor effects of the special exception on
surrounding properties or the city;
;
g. Screens and buffers with reference to type, dimensions, character and adequacy;
h. General compatibility with surrounding properties and general welfare of the
persons residing and working in the area;
i. Whether, at the public hearing, there are objections from the surrounding and
affected property owners and whether the objections, if any, can be or have been
resolved;
j. For the medical necessity exception, whether the medical condition is proven and
the requested exception reasonably relates to the medical condition;
Cor the a minimic exception whether there is an overriding benefit to the
I. The spirit of this Code is met.
(4) To hear and decide other matters authorized by a zoning ordinance.
(5) In exercising its authority,the board may reverse or affirm, in whole or in part, or
modify the administrative official's order, requirement, decision, or determination from
which an appeal is taken and make the correct order, requirement, decision, or
determination, and for that purpose, the board has the same authority as the
administrative official.
DB. Vote required: . The concurring vote of four members of the
board shall be necessary to reverse any order, requirements, decision, or determination of an
administrative official, or to effect any variation in the application of this appendix, or to decide in favor
Ord No. 2020-16 7
of an the applicant on any matter or special exception upon which+t the board is required to pass er
decide under this appendix a zoning ordinance.
Section 4. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 12. Appeals from the board of adjustment." is hereby amended to read as follows:
Section 12. -Appeals from the board of adjustment.
A. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or
any taxpayer, or officer, department, board, or bureau of the city may present to a district court,
county court, or county court at law a verified petition stating that the decision of the board of
adjustment is illegal in whole or in part and specify the grounds of illegality seek review by a
court of record of such decision within 10 days after the date the decision is filed in the board's
office and in the manner provided by the laws of the state, particularly V.T.C.A., Local Government
Code §§ 211.008-211.011.
B. Reapplication. No application for a variance, special exception, or appeal, which has been denied,
shall be again filed earlier than one year from date of original denial, unless there has been a material
change. For the purposes of this section, material change shall mean a substantial change in
conditions or circumstances as it relates to the property in question.
Section 5. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 20. Definitions." is hereby amended to read as follows:
Section 10. Definitions
Variance means a relaxation of the terms of this-appendix a zoning ordinance where such if the
variance will-not-be is not contrary to the public interest and, due to special conditions,as the result of
the actions of the applicant, a literal enforcement of the ordinance would
result in unnecessary and undue hardship, so that the spirit of the ordinance is observed and
substantial justice is done. As used in this appendiv a variance is a uthorized only for height area and
prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of
nonconformities in the zoning district or uses in an adjoining zoning district.
Ord No.2020-16 8
Section 6. 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 7. That all ordinances or parts of ordinances in conflict or inconsistent with
this Ordinance are hereby expressly repealed.
Section 8. 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 9. 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 2nd day of March,2020.
PASSED, APPROVED, AND ADOPTED on second and final reading this 6ch day of
April, 2020.
Mike F
Mayor
ATTEST: ........
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elinda Welsh, TRMC :* )1
City Secretary Nj, • •'*;
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Ord No.2020-16 ''9r•••••