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HomeMy WebLinkAboutOrdinance No. 2020-44ORDINANCE NO.2020-44 AN ORDINANCE AMENDING APPENDIX C — "ZONING," "SECTION 7.Q. DISTRICT AREA AND HEIGHT REGULATIONS" TO AMEND AND CLARIFY THE HEIGHT REGULATIONS AND EXCEPTIONS IN ALL COMMERCIAL ZONING DISTRICTS AND "SECTION 20. DEFINITIONS." TO REMOVE A DUPLICATE REQUIREMENT; 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 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 public hearings 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. 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.Q. District area and height regulations " is hereby amended to read as follows: Section 7. Q. District area and height regulations. 1. No lot, parcel, premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area, width, depth, yard and height regulations as set forth in the following tables. 2. See regulation matrix. REGULATION MATRIX - COMMERCIAL DISTRICTS Circled letters (letters in parentheses) refer to paragraphs in section 7-Q-3. ��) lYards—Minimum Feet Lot I j Lot Lot� Area Zon Widt Dept Mini ing h h Fr lRe Dist mum Mini Mini�on lar Squa rict re mum mum t �a� Feet Feet Feet Side Interior When Abutti ng Prope rty in a Resid ential Distric t or Garde n Home When Abuttin 9 Propert y in a Nonresi dential District Exterior Whe Whe n n Back Back ing ing !Up Up to to an an !Abut Abut Iting ting ;Side Rear Yard Ya rd Heigh t Maxi mum Feet and k) Landsca 1pe Require ments Exce ption Note s Maxi mum Lot Cover age Ord No. 2020-44 2 CSC 15100 0 Distric t F., 100 150 30 15 25 10 25 10 40 y -- -- ----- - - * -- NC 12"00 100 120 30 15 25 10 25 10 40 Yes DI? H 30% 0 D H LNC 10100 100 100 30 15 25 10 25 10 140 Yes �D. 1 30%; 0 U1 D cc 70 G5 G (max. Ell F1 0 0 15 0 0 0 4 Yes 60% 1 storie F S) 100 100 30 15 25 10 25 10 40 Yes H 305 BP 10'.00 100 100 30 25 25 0 1 LI 15100 100 0 1 20100 100 0 I 1101 25 10 J 40 10 25 10 40 30 25 100 40 C 10 25 C 10 C 40 B C 100 1 0 3 A 25 25 I Yes I 1 140% Yes A 50% Yes B.1 C 160% A When Ll district is across the street from a residential district, front yard shall be a minimum of 40 feet from street R.O.W. B. When I district is across the street from a residential district, front yard setback shall be a minimum of 50 feet from street R.O.W. C. When industrial district abuts side and/or rear residential district, setback shall be a minimum of 90 feet. Ord No. 2020-44 3 D. When rear yard of an NC or LNC district abuts a nonresidential district, rear yard setback shall be a minimum of 15 feet. E. Lots within the downtown district (DD) in existence prior to the creation of the DD shall be deemed as lawfully existing and shall be allowed to develop under DD regulations. Further, tracts of any size in existence prior to the creation of the DD may be combined into larger tracts and developed, even if the aggregate size is less than 15,000 square feet Further, no lot classified as within the DD zone may be subdivided to less than the minimum size of 15,000 square feet F. When DD rear yard abuts a residential district (residential district or garden home district), rear yard setback shall be a minimum of 15 feet. G When DD rear yard abuts a non-residential district, rear yard shall be a minimum of zero feet. H. In NC and OPD, building site coverage, consisting of all buildings, structures and all paved surfaces, shall not exceed 90 percent of the total lot area, per subsections G.5 and H.8 of this section. I. In LNC, building site coverage, consisting of all buildings, structures and all paved surfaces, shall not exceed 80 percent of the total lot area, per subsection G-1.6 of this section. J. In BP, no structure shall be located within 25 feet of an exterior BP boundary. An exterior BP boundary is one that abuts a zone other than BP, per subsection 0 1 of this section. K. Height maximum includes belfries, chimneys, cooling towers, elevator bulkheads, fire towers, storage towers, monuments, ornamental towers and spires, stage towers and scenery lofts, tanks and water towers. I InAffAaheci a %.AWI 3. Area and height exceptions. a. %.J I IGIL1,1G,•EIGGessent h, imidinnQ er stri all 1res hzQgz thnn 9FT, fnnf "n hiziaht n A If Will LI AW IL I %.A %A W L W L I I W I I I %.) I A %.1 %.' L all I IL7 as measured, frnr" thn adwaaent orndink fe) thiz hinhim%zf nnrfinn nf ;zi lah h, loldann nr- Qf r, laf 1 inn =:w hn -u rn d re a L %.1 1 %.41 1 %J W %.ILI %AWL%Al %-07 1 1 ALA .Y r%.fl LIWI I WN W%AWI A 1ll%.All 1% 1 of Q'Hink VAMIQ Woffion rQQ"rhznf"n1 diQfrNr__fQ nrnwidnd fhimil are set hnnk nef less than fiviz fiznf frnr" nnv infinrinr Qmchz Inf 1*niz 90 foof frnm Pnit izorlim Inf 1"ntz ::1H2nr__,nnf fn ::i 'Ho 5zfrPtnf nnd Lnn fnnf mm nnu W rear Inf i %•A I I I %A I I j A•I I%_1L h A hilildinn nr ;zfrl lat, irtz =:pi nnf nyar%ind dn fizizf on hpinhf measured frnm thp h::ihof::ihic�k finnr Plinw::ifinn- nF(plud im H hnl A 11QVn r f Km f - lildinrm nr gzf ri la-f 1 irps-Hei I. Is . L_J %A A I 'k• J -A I I I % c -•iht maximum in Community Shopping %•%-I %..' 1 %.1 L A %A %.F L %A I %..' Center (CSC), Neighborhood Commercial (NC), Office Park District (OPD), Light Industrial (LI), Industrial (1), and Business Park (BP) districts:. eXG.E911.9-1rd .4C) fiziaf in hnonhf I Arhn n - I W IN A A 1%-IIZJI IL VVI 1%..Pi 1. Ord No. 2020-44 4 T-May exceed 40 feet in height when 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 I Ini N . *t !Qh::dI h�:wt-% hInInn MrArftPH fherefeFe in b. Exceptions for Community Shoppinq Center (CSC), Neighborhood. Commercial (NC), Office Park District (OPD , Light Industrial (LI), Industrial (1), and Business Park (BP) districts: 1. On buildings or structures located in these districts, finials, crosses, and other religious symbols shall not extend more than 10 feet above the building or extend more than 10 feet above the allowable building height; and 2. Finials, crosses and other religious symbols shall not be accessible and shall not be illuminated above the roofline. c. Exceptions for the Downtown District (DD): 1. On buildings or structures located in the Downtown District (DID), finials, crosses and other religious symbols shall not extend more than 18 feet above the building or extend more than 18 feet above the allowable building height; and 2. Finials, crosses, and other religious symbols shall not be accessible and shall not be illuminated above the roofline. d. Communications towers height criteria. 1. Height limitations of communication towers. The maximum communication tower height, including antennae, lightning rods and accessories, in residential districts shall not exceed 40 feet and in non-residential districts shall not exceed 200 feet, unless otherwise approved by City Council. 2. Height limitations for communication towers placed on existing buildings. Communication towers and antennae, which are located on top of buildings or structures shall not be more than 30 percent of the structure height above the structure. 3. This section applies to telecommunication towers, ham radio and television antennas, microwave relay, radio and television transmission towers. e. xgggens: Buildings or structures located in a Planned Unit Development (P U D): Ord No. 2020-44 Buildings and Sstructures located in a rle..ne.. Planned Unit ZI Development (PUDI e.F IP LF1 LE) - Imi I IyIf% e-0 I %A, So E)w ed 11 Sfront shall be exempt from the height limitations contained herein. Height limitations for buildings or structures located within a ge..n e-V r a.4 1 P U D e f ar IP L) LE) - Iml I I xrxtaf dA ulQ ..e-application ZI will be as established in the ordinance authorizing and approving the O110•M—a Y1 Inl 21 le -A Alk W& 2 VIE 5 0 E Lym-11t ELII I N Mal 111 11 11 ilill[PIIM RMT.Mr. a 'a M -•-ITll Ali• — 1 11 111 a A". A FAL 10 0 &W 0 E 111010 E LW2 LI 0 N R I I LWWAWWXAN� NE ILWA INILWAR SIM LWAWW, 5 &_W3V&_AE1I W AV 4111 a a ARM"M *--Y-I id I J11E Lei= MNLWM I- A!•W, k i d% I L d&ZWiLW2 4 we A so iwww-t WWA E ON X_ -A R LI 0 IIIIIIIIIIIIIII'AWWA f. Accessory buildings or structures in residential districts: Unattached accessory buildings or structures less than 25 feet in height, a 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. ,qc-. 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. hd. 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. AIIIATAF-I %I�ALTA A I I Wrii M bygim A N WXWAEU1&= AAA III LOT - I TI FX� k-A a , In T i W 6W INI WL ILWIA, 0 KWI ILW Ah' 11111114 a III id N FdL1I III is'l MA I WALWA LV`X1WJM�J 0 0 &-A 0 a- Nk Ar- A 1111111111111111111111111111 11111mm 0 a C-AMW-A 1111111I F'AQ PI[4IQ I&I E E 14 AM ERqW_6= W I � a ' 'I A(Mi Ifid WqXALT-1 AY-1 AVM E&A 1k 11� m a NVINK"A 0 0 LWA LVWJPNWWA It W ILW Lw� %LWA'A'ALW2 WWII 11111:, LW MKIDJOrVV31 Im 111 III! ILVI EIII LWA K 1MJV4111R 2•A VA K*A KiiII d&-I iaXoa Pat"= wawaw a ILVI: 0 ILVWAK a Im rel LWA 14 RW- E 0 Col 0 1115 L""XIIIIIII'l LWIM WINE ILWAIAIALMI Kw�w 10 LW, E 0 ANNEMIRWA LWIL'o�LWMIIIIIIII III NUMI INE a Ll I IVININNIEN III11J FAA III N I *-I I1i111!iI1III1X LWXW.Mm IKW.WAIENENKWINNMELW31 -U&`%�W,117— qfmrffT7. 01111010 11IM11 ILWA MEN WX4&,&W!Z1E a ILW2 r CT M 0 0 KIM a, LW INS I1LW!ZWWAqKWLW21LWI rJ isk INS AhT 1111, 111111, WANE 1L"2LWM is, is 14ky-INLO-1 a I VWX10,111 I IRWA KIIIIIII`JLW�W. I ""11111 Al WA VA MLWATALWXW. NE WMWE.1111 0 WWA LI E 0 1111 LIMA W_ 9 III Wwxw. MEN 0 LWI MINE WWI N LW. I VZ,1� INI W W KIIIIIIIiI, E E 10 0 2 L'WXWJ LI = am if. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be 15 feet. 1g. 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 ten feet from the front property line, if: Ord No. 2020-44 6 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 ten feet. Section 3. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning", "Section 20. Definitions" is hereby amended to read as follows: Section 20. - Definitions. Height. a. The height of a building shall be measured to: (1) The top of ridge of the highest roof of a sloped roof (i.e., gable); (2) The top of the highest deck of a mansard roof; or (3) The top of the highest parapet wall of a flat roof. b. For buildings not located in the floodplain, height is measured from the top of the finished first floor of the building which can be no more than two feet above the finished grade at the site. Finished grade shall mean the highest grade elevation within five feet of the foundation or wall of the building, said grade having been established by means of an approved grading and/or drainage plan. Finished grade may also be the existing grade elevation when no terrain alteration is proposed, or where otherwise applicable. Any fill which is not required to achieve positive site drainage or slope stabilization, or which is otherwise proposed to raise the finished first floor elevation for any other purpose, shall not be considered to be finished grade for the purpose of measuring building height. c. For buildings located in the floodplain, height is measured from the top of the first finished floor which shall be two feet above the average base flood elevation at the site, as established by the latest available flood elevation maps for the city. d hin nArf r)f :i h, lildann C)C Ctri IC41 'rink iC ::111nAA19ad fn PYr-AZInd thim rn- m hizink+ ::111nIMPH in !:i CnIna-ifoat 7n fictria-f 1nY(2Pnf f-nr fhjn f4n11n1A1Rn r:1,nr",nnfc inall 1coup nf hilf nnf 1w ifnrl fn ahimnnim wnnfiz and rnnf fnn PnLJnJ AlInUttwi h1loldinn () meG.hAnir__::d Pc ninf nmit'dPH fhAf fhim hininhf ic nnf gzYaiQizdnd hit mnriz f h= fe), ir Cnnf; I IWI%. (91 Miamianfc onalilcivQ nf hilf nnf 1mmifgzd fn rArion er felevosion anfiznnae Gr k"%AL I AWL 11 IWI%A%.AII 1%%J -wave aerR31S (h, if nnf inall idonn C:1f,n11mf,n r NMI nmumdnd fhAf fhin n AlInUIPH h, ioldonn or sf r, laf 1 1 hpvrJhf is not tzYrizPd,-%d hAt mnriz fhAn fen feet - Ord Section 4. 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 5. That all ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 6. 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 7. That 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 2nd day of November, 2020. PASSED, APPROVED, AND ADOPTED on second and final reading this 7th day of December, 2020. Ord No. 2020-44 8 Ord No. 2O2O-44