HomeMy WebLinkAboutOrdinance No. 2022-08 ORDINANCE NO. 2022-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS,AMENDING APPENDIX C "ZONING," SECTION 2 'ESTABLISHMENT OF
DISTRICTS";"SECTION 6.NONCONFORMING USES,STRUCTURES AND LOTS,"
SUBSECTION B "NONCONFORMING USES," PARAGRAPH 4; SECTION 7
"SCHEDULE OF DISTRICT REGULATIONS," SUBSECTION CA, SUBSECTION
P.6 AND SUBSECTION Q; "SECTION 8 "SUPPLEMENTARY DISTRICT
REGULATIONS," SUBSECTION I "LANDSCAPING AND SCREENING
P REQUIREMENTS," ARAGRAPH 2.E(3)(B)AND PARAGRAPH 2.F(3)(A)(III);AND
"SECTION 20 "DEFINITIONS" OF THE FRIENDSWOOD CITY CODE TO REMOVE
THE MULTI-FAMILY RESIDENTIAL (MFR) REFERENCE FROM THE GARDEN
HOME DISTRICT (GHD) ZONING DISTRICT, TO ESTABLISH ARCHITECTURAL
AND SITE RELATED REQUIREMENTS FOR GARDEN HOME DEVELOPMENTS,
AND TO AMEND THE DEFINITION OF 'DWELLING, GARDEN HOME";
PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100
DOLLARS ($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY,PUBLICATION AND AN EFFECTIVE DATE.
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 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 Appendix C "Zoning" "Section 2. Establishment of Districts" of the
Friendswood City Code is hereby amended to read as follows:
APPENDIX C. ZONING
Section 2. Establishment of districts.
The city is hereby divided into the following districts:
District Description Density
Old New (units per acre)
A. I R-1 SFR I Single-Family Residential Dwelling District 2.7
District Description Density
Old New (units per acre)
A.1. SFR-E Single-Family Residential Dwelling Estate District 0.5
B. and 2 MFR-L Multiple-Family Residential Dwelling District—Low 6.0
C. R-4 MFR-M Multiple-Family Residential Dwelling District—Medium 9.0
C.1. [ FR] Garden Home Residential District 6.0
GHD
D. R-5 MFR-H Multiple-Family Residential Dwelling District—Highest 12.0
E. R-6 MHR Mobile Home Residential Dwelling District 10.0
F. C-1 CSC Community Shopping Center District
G. C-2 NC Neighborhood Commercial District
G.1 G-1 LNC Local Neighborhood Commercial District
H. C-3 OPD Office Park District
I. C-1 DD Downtown District
J. PUD Planned Unit District
K. RSC Regional hopping Center District
L. A-] A-1 Agricultural District
M. M-1 LI Light Industrial District
N. I Industrial District
O. BP Business Park District
Section 3. That Appendix C "Zoning" "Section 6.Nonconforming uses,structures,and lots,"
Subsection B"Nonconforming uses,"Paragraph 4 of the Friendswood City Code is hereby amended to read
as follows:
APPENDIX C. ZONING
Section 6. Nonconforming uses,structures,and lots.
B. Nonconforming uses.
4. To avoid undue hardship,nothing in this appendix shall be deemed to require a change in
the plans, construction, or designated use of any building on which an active process was
lawfully begun prior to the effective date of adoption or amendment of the ordinance from
which this appendix is derived and upon which an active process has been carried on
diligently.The phrase "active process" is hereby defined as follows:
a. For land zoned single-family residential (SFR), single-family residential estate
(SFR-E),or[ ]garden home district([N4FR-]GHD),a development
proposal must be in conjunction with a previously approved preliminary plat;
b. For land zoned NC (neighborhood commercial), CSC (community shopping
center), DD (downtown district), LNC (local neighborhood commercial), OPD
(office park district), LI(light industrial), I(industrial),BP(business park)or A-1
(agricultural), when the land is subject to a valid existing preliminary site plan in
accordance with section 9; or
C. For land zoned MFR-H (multiple-family residential—high density), MFR-M
(multiple-family residential—medium density), MFR-L (multiple-family
residential—low density)or PUD(planned unit district),when a proposed specific
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use permit(SUP)has been heard at[ajeW]public hearings of the city council and
the planning and zoning commission.
Section 4. That Appendix C "Zoning" Section 7 "Schedule of District Regulations"
Subsection C.1 of the Friendswood City Code is hereby amended to read as follows:
APPENDIX C. ZONING
Section 7. Schedule of district regulations.
C.1. [AAFXIGHD, [ga4en henve] residential, general purpose and description. The GHD, Garden
Home[Des' ial] District, is intended to provide [ ] medium density, detached,
single-family dwellings [tenits] having open space between units which exceed [existing lie I
multi-family buildings, with density not exceeding six units per acre. [The intent of these
(2) Have peftions of the propefty subject to r-egulatiens is to allow development of pr-opefty whieh:
[(3)]The district may be fl~s]located adjacent to a district of a different zoning designation,and for
which the development as [N4FR would be appropriate as a buffer between incompatible
land uses.
(1) Dwellings in the GHD utilize a zero-foot lot line along one side of the property.The intent
is to utilize one side of the structure as a shared wall and create a U-shaped,garden area or
patio inset on the opposite side of the structure.
(2) Fifthpercent or more of one side of the structure shall be located within(1)one foot of the
zero-lot line. Building walls which are located on the zero-foot lot line shall meet the
adopted building code requirements,which may limit the types of allowed penetrations and
projections.
(3) The final lat shall show graphic easements, or a plat note, that dedicates a five (5) foot
wide access and maintenance easement for all lots adjacent to lots with a zero-foot lot line.
The purpose of this easement is to give the adjoining owner access for maintenance of
his/her dwelling.
(4) The closest exterior roofline to an adjacent property shall be storm guttered if the general
slope of the roof falls toward the neighboring property. Gutters shall include returns to
direct the water to the subject property.
The interior living area of the first floor of any two-story residential structure in [l -]
GHD shall contain not less than 60 percent of the structure's total living area,and not more
than 40 percent of the structure's total living area shall be contained on the second floor,
excluding open decks,porches,terraces,and garages.
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Section 5. That Appendix C "Zoning" Section 7 "Schedule of District Regulations"
Subsection P "Permitted uses," Subsection 6 'Permitted use table" of the Friendswood City Code
is hereby amended, for the residential use districts only,to read as follows:
APPENDIX C. ZONING
Section 7. Schedule of district regulations.
P. Permitted uses.
6. Permitted use table.
Residential Uses SFR and [N!44t-] MFR- MFR- MFR- MIIR CSC NC: LNC OPD DD A-I LI I BP
SFR-E GI ID L M H
Single-Family Residence P P
[Muhi Family Residenee]Garden
Home Residence
Multiple-Family Residence—Low
Density [
Multiple-Family Residence—
Medium Density
Multiple-Family Residence—High p
Density
Mobile Home Residence P
Section 6. That the City of Friendswood Code of Ordinances, Appendix C "Zoning"
Section 7 "Schedule of District Regulations" Subsection P 'Permitted uses," Subsection 6
"Permitted use table," of the Friendswood City Code is hereby amended to change the title of
zoning districts in the heading of the NAICS Industry Descriptions Table, which heading shall
read as follows:
APPENDIX C. ZONING
Section 7. Schedule of district regulations.
P. Permitted uses.
6. Permitted use table.
2017 NAILS SFR and I [44PR I MFR- I MFR- I MFR-
Indus Descri tions SFR-E ]GHD L M H MHR CSC NC LNC OPD DD A-I LA 1 t3P
Section 7. That Appendix C "Zoning" Section 7 "Schedule of District Regulations"
Subsection Q "District area and height regulations," Paragraph 2 of the Friendswood City Code is
hereby amended by revising the 'Regulation Matrix — Residential Zoning Districts" and
paragraphs A through K immediately thereafter,which amendments shall read as follows:
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APPENDIX C. ZONING
Section 7. Schedule of district regulations.
Q. District area and height regulations.
2. See regulation matrix.
REGULATION MATRIX—RESIDENTIAL DISTRICTS
Units Lot Lot Yards—Minimum Feet Height Parking Zero Maximum
per Area Width Front Rear Side Maximum Requirement Lot Lot
Acre Minimum (a) Interior Exterior Feet Unit Lines Coverage
Square (d) Corner Lot (b and e) Y or
Feet Backing Backing N
Up to an Up to an
Abutting Abutting
Side Rear
Yard Yard
SFR Single-
Family 2.7 11,600 90 ;1 25 B 2� 101 25 A 20 C 40 h No 35%
Residential
SFR Single-
Family 2.7 15,600 120 A 25 B 25 10 25 B 20 C 40 K No 35%
Residential
SFR-E
Single-
Family— 37.120 150 A 7� 40 K V'0 20%
Residential
Estate
MFR-L
Multifamily- 6 G 7,260 G 45 G 25 B 25 10 E,I 25 B 20 C 40 K No 50%
Low
MFR-M
Multifamily— 9 25 B 0 10 E,1 25 B 20 (' 40 K No 50%
Medium
MFR-H
Multifamily— 12 25 B 0 10 E,1 25 B 20 C 40 K No 50%
Highest
MHR Mobile 10 25 B 25 101 30 25 B 20 K No 50%
Home
A-1 — 25 B 25 101 25 B 20 C 40 K No 10%
[ -]GHD
Garden Home 6 6,000 60 2 H' 20 1� 5 B,H 4 C,H 40 K YDs 50%
District
Circled letters(letters in parentheses)refer to paragraphs in section 7-Q.3.
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.
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D. Zero-foot lot line [setbaek]on one side only, [minimtHn five feet separation between
buildings]
E. Ten-foot minimum separation between buildings.
F. Lots currently in existence with less than 90 feet of width may continue with the same
existing setback 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.
H. Front yard and exterior side yard setbacks shall be measured from the edge of the street
ROW or the edge of the drainage utility/access easement(if streets are private),
whichever is greater.
I. 25 feet when abutting land zoned single-family residential(SFR)district.
J. ['Ten feet when aL.,Wing land zoned ai:i)tl.:ng et er-t aR N4FR 914D/..afdea Lome
dis#irat) Reserved
K. Parking is required in accordance with the parking group table in the design criteria
manual.
Section 8. That Appendix C "Zoning" Section 8 "Supplementary District Regulations,"
Subsection I"Landscaping and screening requirements,"Paragraph 2.e(3)(b)of the Friendswood City Code
to read as follows:
APPENDIX C. ZONING
Section 8. Supplementary district regulations.
I. Landscaping and screening requirements.
2. Perimeter landscaping and screening.
e. Maintenance and care of trees.
(3) Maintenance of trees over rights-of-way.
(b) Every owner of any tree overhanging[afq M street or right-of-way
within the city shall prune the branches so that such branches shall not
obstruct the light from any street lamp or obstruct the view of any street
intersection and so that there shall be a clear space of eight feet above the
surface of the street or sidewalk. Said owners shall remove all dead,
diseased,or dangerous trees,or broken or decayed limbs which constitute
a menace to the safety of the public. The city shall have the right,with 14
days advance notice to the owner or agent,to prune any tree or shrub on
private property when it interferes with the proper spread of light along
the street from a street light or interferes with the visibility of any traffic
control device or sign.
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Section 9. That Appendix C "Zoning" Section 8 "Supplementary District Regulations,"
Subsection I "Landscaping and screening requirements," Paragraph 2.f(3)(a)(iii) of the Friendswood City
Code to read as follows:
APPENDIX C. ZONING
Section 8. Supplementary district regulations.
I. Landscaping and screening requirements.
2. Perimeter landscaping and screening.
f. Preserving trees;historical significance.
(3) Tree survey required.
(a) A tree survey showing thereon the location of all living trees that have a
caliper of 12 inches or greater,measured at a point 4'h feet above the
natural ground level, shall be required for:
(iii) For residential developments on land located in districts zoned as
single-family residential(SFR),planned unit development cluster
home(PUC—Cluster Home),or[may] residential-garden
home district([l ]GHD),provided,however,the tree survey
required by this subsection shall be required only for the common
areas located within those developments,such as community parks,
where residents of the developments would have common access.
Section 10. That Appendix C "Zoning" "Section 20. Definitions," Dwelling, garden
home" of the Friendswood City Code is hereby amended to revise the definition of"Dwelling,
garden home" to read as follows:
APPENDIX C. ZONING
Section 20.Definitions.
(a) the following words,terms and phrases when used in this appendix,shall have the
meanings ascribed to them in this section,except where the context clearly indicates a different meaning:
Dwelling,garden home, means a detached dwelling unit which utilizes smaller lots than
traditional single-family houses and where the building is built along a"zero" side lot lineJi&-Afuetufa4y-
agaehed to another dwelling unit but whieh does not she&e a eemmen
]
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Section 11. That this ordinance is hereby incorporated and made a part of the Friendswood
City Code of Ordinances. A 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 12. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 13. That in the event any clause,phrase,provision,sentence,or part of this Ordinance
or the application of the same to any person or circumstance 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 14. 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 4''day of April,2022.
MIKE REMA ayor
ATTE
o� IENpsl2
LE ICIA BRYSCH,City SkAtary
APPROVED AS TO FORM:
C-D
OF
KAREN HORNER,City Attorney
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PASSED,APPROVED and ADOPTED on secon final rea 'ng this 2nd day of May,2022.
F MA ayor
ATT T:
LE CIA BRYSCH,City Secretary
�FFtIENps�
APPROVED AS TO FORM:
O
KAREN HORNER City Attorney
s�gTE o�
H:\City Council\Ordinances\2022\04-04-2022\Ord 2022-XX GHD Amendments 03-14-2022.docx
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