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HomeMy WebLinkAboutOrdinance No. 2021-20ORDINANCE NO. 202I-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING APPENDIX C ZONING ORDINANCE, SECTION 7.Q.2 "REGULATION MATRIX - COMMERCIAL DISTRICTS AND REGULATION MATRIX - RESIDENTIAL DISTRICTS" IN ORDER TO CLARIFY REFERENCE NOTES AND AMENDING SECTION 7.Q.3 "AREA AND HEIGHT EXCEPTIONS" TO ADD AN EXCEPTION FOR BUILDING HEIGHT; 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. X )C 'IC 7C 7t 7C �C X X �C 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, City Council finds it necessary to clarify multiple reference notes in the Residential Regulation Matrix and the Commercial Regulation Matrix; and WHEREAS, City Council finds it necessary to amend the building height exceptions for certain commercial districts including Community Shopping Center (CSC), Neighborhood Commercial (NC), Light Industrial (LI), Industrial (I), Business Park (BP), and Office Park District (OPD); 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; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section L 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.2. Regulation Matrix - Commercial Districts and Regulation Matrix - Residential Districts" and "Section 7.Q.3. Area and Height Exceptions" are hereby amended as indicated in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 3. 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 4. That all ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 5. 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 6. 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. Ord. No. 2021-20 2 PASSED AND APPROVED on first reading this 2nd day of August, 2021. ATTEST: APPROVED AS TO FORM: MAR�Y6RY FISUHER,Attorney PASSED, APPROVED AND ADOPTED on second and final reading this 13th day of September, 2021. ATTEST: APPROVED AS TO FORM: MARY Y FISC ER, City Attorney Ord. No. 2021-20 3 EXHIBIT "A" Section 7. Schedule of district regulations. Q. District area and height regulations. 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. See regulation matrix. REGULATION MATRIX - COMMERCIAL DISTRICTS CiFeled let«_~_ (l tt_... ;„ paFent4_se& Rfefer to paragraphs in section 7-Q.3. for area and height exceptions. Zoni ng Distr ict Lot Area Minim um Square Feet Lot Widt h Mini mum Feet Lot Depth Minim um Feet Yards —Minimum Feet Height Maxim um Feet max.4 Landsc ape Require ments Excep tion Notes Maximu m Lot Coverag e Front Rear fa} Side Interior Exterior When Abutting Property in a Resident ial District or Garden Home District When Abutting Property in a Nonresi dential District When Backin g Up to an Abutti ng Side Yard When Backing Up to an Abuttin g Rear Yard stories CSC 15,000 100 150 30 15 25 10 25 10 40 Yes 30% NC 12,000 100 120 30 15 D 25 10 25 10 40 Yes D, H 30% H LNC 10,000 100 100 30 15 D 25 10 25 10 40 Yes D, I 30%-;-ee DD 15,000 E 0 0 0 0 6 15-F 15 0 0 0 70 (m+}ia j p-44 Yes E, F, G 60% OPD 10,000 100 100 30 15 25 10 25 10 40 Yes H 30% BP 10,000 100 100 30 25 25 2510 J 25 254-0-J 40 Yes J 40% LI 15,000 100 100 30 A 25 25 10 25 10 40 Yes A 50% I 20,000 1 100 100 30 B 1 25 C 40 C 10 25 C 10 C 40 Yes B, C 60% A. When LI district is across the street from a residential district, front yard shall be a minimum of 40 feet #em st 1A�. B. When I district is across the street from a residential district, front yard setback shall be a minimum of 50 feet fFem StFeet R ^ `"' C. When industrial district abuts side and/or rear residential district, setback shall be a minimum of 90 feet. D. When rear yard of an NC or LNC district abuts a presidential district, rear yard setback shall be a minimum of -125 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 nn FeaF aFd ..buts a neR side tial diStFiCt aFd shall be a minimum of zeFO feet. Reserved. 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. When side yard of a BP district abuts another BP district, side yard setback shall be a minimum of 10 feet. 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. L. Setbacks shall be measured from the edge of the street ROW. If streets or drives are private, setbacks shall be measured from the edge of the drainage, utility, or access easement, whichever is greater. REGULATION MATRIX —RESIDENTIAL DISTRICTS CiFded IetteFS "etteFS in PaFentheses) F Refer to paragraphs in section 7-Q.3. for area and height exceptions. Units Lot Lot Yards —Minimum Feet Height RaFWAg Zero Maximu per Area Width Maximu ReqUiFe Lot m Acre Minimum m ment Lines Lot Square Feet U-R# Y or Coverage Feet (b and-e� N Front Rear Side {a} Interi Exterior or {c4 (Corner Lot) Backing Up Backing to an Up to an Abutting Abutting Side Yard Rear Yard SFR Single- 2.7 11,600 90 A 25 B 25 10 F 25 A 20 C 40 -K No 35% Family Residential SFR Single- 2.7 15,600 120 A 25 B 25 10 25 B 20 C 40 9 No 35% Family Residential SFR-E Single- 0.5 87,120 150 A 75 25 25 35 35 40 -K No 20% Family — Residential Estate MFR-L 6 G 7,260 G 45 G 25 B 25 10E,1 25 B 20 C 40 9 No 50% Multifamily —Low MFR-M 9 — — 25 B 0 10 E, I 25 B 20 C 40 K No 50% Multifamily —Medium MFR-H 12 — — 25 B 0 10 E, I 25 B 20 C 40 K No 50% Multifamily —Highest MHR Mobile 10 — — 25 B 25 101 30 259 20 K No 50% Home A-1 — — — 25 B 25 101 25 B 20 C 40 K No 10% MFR-GHD 6 6,000 60 20 B, 20 504), 5 B, H 4 C, H 40 K Yes 50% Garden H J D Home District A. Lots of less than 120 feet wide require curbs. Lots 120 feet wide or greater may use open ditches. B. 35 feet on thoroughfares. C. 25 feet on thoroughfares. D. ZeF8 setbaek on side only, mlnimmm five fe9t SepaFati8A between buildi Reserved. E. Ten -foot minimum separation between buildings. F. Lots currently in existence with less than 90 feet of width that have structures already built upon them may continue with the same existing setback feFadditiens provided they are not less than a minimum of five feet. G. Developer must elect either units per acre or lot area. Two-family residential units --on two lots are required when lot area is elected. Example: a duplex requires two 45-foot-wide lots. H. FFent yaFd and exteFieF 5ide y Ssetbacks shall be measured from the edge of the street ROW. If streets or drives are private, setbacks shall be measured fromef the edge of the drainage, utility or access easement (of StFeets aFe ppiyate) whichever is greater. 25 feet when abutting land zoned single-family residential (SFR) district. Ten feet when abutting land zoned anything other than MLD�To (garden home district (MFR-GHD14. 3. Area and height exceptions. a. Height maximum in community shopping center (CSC), neighborhood commercial (NC), office park district (OPD), light industrial (LI), industrial (1), and business park (BP) districts may exceed 40 feet in height, but in no event greater than 70 feet in height, when the building setback from the nearest property line is equal to or greater than the building height. FUFtheF the building OF StFUCtWe shall F" undeF an . - — . , !* ne that *5 n9t gFeateF than 45.0 degFees at the pFepeFty line fFeFA a heFizeRtal line established at the Fninimum habitable flee elevatien, PFevided, howeyeF, ne building OF StFU6WFe en PFepeFty adjaeent te a FesidenWl zene shall haye a height that exceeds SO feet. Buildings or structures that exceed 40 feet in height shall have a minimum distance to the nearest single family residential (SFR) zoning of at least two and a half (2.5) times the overall building height. Distance shall be measured from the nearest point of the building to the single family residential (SFRI property line. b. Exceptions for community shopping 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 ten feet above the building or extend more than ten 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 (DD), 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. Buildings or structures located in a planned unit development (PUD): Buildings and structures located in a planned unit development (PUD) shall be exempt from the height limitations contained herein. Height limitations for buildings or structures located within a PUD application will be as established in the ordinance authorizing and approving the PUD. f. Accessory buildings or structures in residential districts: Unattached accessory buildings or structures less than 25 feet in height, as 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. g. 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. h. 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. i. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be 15 feet. j. 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: 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. k. Elementary and secondary schools shall be exempt from the height limitations contained herein. Height limitations for elementary and secondary schools will be established in the ordinance authorizing and approving a Specific Use Permit (SUP).