HomeMy WebLinkAbout10.18.1968 Comprehensive Plan Interim Report Number III_ COMPREHENSIVE PLAN INTERIM REPORT NUMBER III CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS
PREPARED BY
BOVAY ENGINEERS, INC.
AND
WILLIAM C. WALSH, CONSULTING ENGINEER 1968
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8DVAY ENGINEERS, INC.
SPOKANE • HOUSTON · BATON ROUGE
H. E. BOVAY, JR.
ASSOCIATES
M. J. GREEN
CHARLES A. LAWLER
RICHARD B. ROBERTSON
GU Y FURGIUELE
P. O. BOX 8098
5009 CAROLINE STREET
HOUSTON, TEXAS 77004
TEL.JACKSON 9•4921
C. RAY THOMAS
CHARLES E. BROWN
J. G. DICKSON
H. LOUIS GADD Y L. S. CURTIS
GENE M�KAY MO RRIS BACKER
ROBERTO.GRIMES October 18, 1968 OTIS 0. MILLER
HERBERT R. PETTY J. BYRON BARBER
Honorable Ralph W. Somers, Mayor
City Council Chairman Dean Saurenman Planning Commission Friendswood, Texas
Gentlemen:
A. B. WILLIAMSON
D. G. DON EGAN
W.J.SANDERS
RUDOLPH SAUCILLO
CHARLES A. SCHAEFER
We are pleased to present Interim Report Number 3 of the Comprehensive Plan for the City of Friendswood, Texas. Included in the report is a summary of recommended improvements; a financial report; a recommended improvement program; a proposed budget; a proposed zoning ordinance; proposed rules for land subdivision; and conclusions of re
view of the City's existing building, plumbing and electrical codes.
The final Comprehensive Plan Report will be a summary of Interim Reports 1, 2 and 3, with revisions where desirable.
The courteous help of the City Council, Planning Commission,
and officials of the City of Friendswood _is appreciated.
Sincerely,
OOVAY ENGINEERS, INC.
. G. Dickson, P. E. Planner-in-Charge
JGD:dkg
PROFESSIONAL CONSULTANTS -PLANNERS
CIVIL , MECHANICAL • ELECTRICAL ENGINEERING -INDUSTRIAL FACILITIES
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TABLE OF CONTENTS
CAPITAL IMPROVEMENT PLAN
RECOMMENDED IMPROVEMENTS
FINANCIAL ........ .
RECOMMENDED IMPROVEMENT PROGRAM
BUDGET
ADMINISTRATIVE CONTROLS
PROPOSED ZONING ORDINANCE
PROPOSED SCHEDULE OF DISTRICT REGULATIONS
PROPOSED ZONING MAP
PROPOSED RULES FOR LAND SUBDIVISION
CODES AND REGULATIONS
BUILDING CODE
PLUMBING CODE
ELECTRICAL CODE
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.106
.107
.108
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INTRODUCTION
To accomplish the coordinated development of the various elements
of urban growth in an orderly fashion requires a comprehensive community
plan. Such a plan is designed to place the complex organization of
space, facilities and buildings in proper relationship to community
needs.
Presented in Interim Report Number 3 is a summary of the recom
mended improvements;_ a report of a financial study made to determine the
City's ability to finance capital improvements; a recommended improve
ment program, with estimated projects cost; a proposed budget for each
year of a five year period; a proposed zoning ordinance; a proposed
schedule of district regulations; a proposed zoning map; proposed
rules for land subdivision; and the conclusions of review of the City 1 s
existing building, plumbing, and electrical codes.
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ACKNOWLEDGEMENT
We wish to acknowledge the helpful cooperation received from
the City Officials of Friendswood, the City Planning Commission,
the Texas State Highway Department, the Texas State Health Depart
ment, and all others in the preparation of this report.
MAYOR
CITY COUNCIL
CITY ADMINISTRATOR ...
ASSISTANT CITY SECRETARY
CITY ATTORNEY
CITY PLANNING COMMISSION
PREVIOUS CITY OFFICIALS MAYOR CITY COUNCIL .
CITY SECRETARY CITY PLANNING COMMISSION
FISCAL AGENT
PLANNERS BOVAY ENGINEERS, INC. and WILLIAM C, WALSH, Consulting Engineer
Ralph W. Somers
Ronald G. Hamil James E. Mager Edward F. Stuart Thomas F. Woods
Lawrence B. Cline
Mrs. Pat Gillespie
Ody Jerden
Dean Saurenman, Chairman Tony Banfield Frank Coe Tom Grace John VanBockel
Ralph L. Lowe Marvin L. Childers Wiley W. Murrell Mrs . Artha Wright Wilbert Boyle
Harry Granberry
J. G. Dickson, P. E., Planner-in-Charge Charles A. Schaefer, P. E. William C. Walsh, P. E. Don G. Donegan, P. E. Phil E. Barber, Jr., P. E. Harold A. Barr, Jr. , P. E. James H. Suchma, P. E. Melinda McCreary
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COMPREHENSIVE PLAN INTERIM REPORT NUMBER 3 for CITY OF FRIENDSWOOD , GALVESTON COUNTY, TEXAS
PREPARED THROUGH THE COOPERATION OF THE TEXAS STATE DEPARTMENT OF HEALTH.
THE PREPARATION OF THIS MATERIAL WAS FINANCIALLY AIDED THROUGH A FEDERAL GRANT FROM THE DEPARTMENT OF HOUSING AND URBAN DEVE LOPMENT UNDER THE URBAN PLANNING ASSISTANCE PROGRAM AUTHORIZED BY SECTION 701 OF THE HOUSING ACT OF 1954, AS AMENDED.
PREPARED BY BOVAY ENGINEERS, INC. AND WILLIAM C, WALSH, CONSULTING ENGINEER
1968
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CAPITAL IMPROVEMENT PLAN RECOMMENDED IMPROVEMENTS
Improvements recommended for the City include additional water
storage and distribution facilities; sewerage facilities, including
trunk sewers and additional sewage treatment facilities; storm drain
age facilities; and, streets and roads . These recommended improve
ments have been discussed in Interim Report.Number 2.
Following is the proposed priority of development:
1st YEAR IMP ROVEMENT PROGRAM
Water Facilities:
1.A water line, 8 inches or more in diameter, extending from the
8 inch line in Castlewood Avenue, a.long Castlewood Avenue to
the site of the proposed new high school.
2.
3.
4.
A water line, 8 inches or more in diameter, extending along
Sunset Drive from an 8 inch line in Castlewood Avenue to an 8
inch line in Edgewood Avenue.
A water line, 8 inches or more in diameter, extending from the
8 inch line in Edgewood Avenue, along Stadium Drive to the 8
inch line at the intersection of Bellmar Lane and Maryann Drive.
Ground storage and booster pumping facilities to be located at
water well number 3 site.
Sewerage Facilities:
West Interceptor Trunk Line from a road paralleling Sunset Drive
approximately 2,000 feet.south of Sunset Drive, to the Deepwood
Drive sewage treatment plant.
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2nd YEAR IMPROVEMENT PROGRAM
Water-Facilities:
1.A water line, 8 inches or more in diameter, along F. M. Highway
No. 518 from an 8 inch line in Will01-rick Avenue to an 8 inch
line in Castl�wood Avenue.
2.Ground storage and booster pumping facilities to be located
at water well number 2 site.
Sewerage Facilities:
North Interceptor Trunk Line from the Deepwood Drive sewage treat
ment plant along Deepwood Drive and Castlewood Avenue to a sewage
lift station located on the east side of Q,u.akers Landing subdivision.
Drainage Facilities:
Storm sewers and appurtenances and drainage ditch proposed south of
F.M. Highway No. 518 between Heritage Drive and Clearview Avenue
extended.
3rd YEAR IMPROVEMENT PROGRAM
Sewerage Facilities:
1.Increase Deepwood Drive sewage treatment plant capacity.
2.
3.
North Interceptor Trunk Line from an interceptor sewer in Clear
view Avenue to the Choate Road sewage treatment plant.
Remove existing Choate Road sewage treatment plant facilities.
Drainage Facilities:
Storm sewers and appurtenances proposed north of F. M. Highway No.
518 between Heritage Drive and Marys Creek, and Clearview Avenue and
Clear Creek.
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4th YEAR.IMPROVEMENT PROGRAM
Sewerage Facilities:
North Interceptor Trunk Line from the Choate Road sewage treatment
plant to a sewage lift station located south of F. M. Highway No. 518
in Annalee subdivision.
Streets and Roads:
Street and road pavements as follows:
1.Spreading Oaks Avenue from Quakers Drive to Sunset Drive.
2.Quakers Drive from Clearview Avenue to Edgewood Avenue.
5th YEAR IMPROVEMENT PROGRAM
Streets and Roads:
Street and road pavements as follows:
1.Morningside Drive from Spreading Oaks Avenue to Heritage Drive.
2.
3,
4.
5,
Pecan Drive from Heritage Drive to Edgewood Avenue.
Shadowbend Avenue from Morningside Drive to F. M. Highway No. 518.
Quaker Drive from Castlewood Avenue to Whispering Pines Avenue.
Melody Lane from Edgewood Avenue to Winding Road.
Improvements for the balance of a twenty-five year period include
water supply, storage and distribution facilities; sewage collection
and sewage treatment facilities; storm drainage facilities; streets
and roads; parks and recreational facilities; fire stations; and
police facilities.
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The location and intensity of future development and the finan
cial capability of the City will influence the priority of the programs.
Other items affecting the program priority include the availability
of surface water supply and whether such supply is treated or untreated,
and the availability of sewage treatment facilities to treat wastes
from the City of Friendswood at some other location in the Clear Creek
watershed.
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CAPITAL IMPROVEMENT PLAN FINANCIAL
Analysis of fiscal procedures, bonding capacity, and other
factors necessary to the determination of the City's ability to fin
ance capital improvements was made by Mr. Harry Granberry,_of the
Texas Securities Corporation, fiscal agent for the City of Friends
wood. Mr. Granberry's report of the analysis and his recommendations
are as follows:
CITY OF FRIENDSWOOD
11 0n December 21, 1964, the City of Friends wood took
over the assets and assumed the obligations of Galveston
County Water Control and Improvement District No. 15.
December 1, 1956, the voters of Galveston County
Water Control and Improvement District No. 15 authorized
the issuance of $275,000 Combination Revenue and Tax
Bonds. The bonds were issued in two installments.
$250,000 of the bonds authorized December 1, 1956, were
dated July 1, 1957 and $236,-ooo of this series were:out
standing as of September 1, 1968. The remaining $25,000
of the bonds authorized December 1, 1956 were dated July
1, 1958 and $25,000 of this series were outstanding as
of September 1, 1968.
The bond orders (which constitutes a binding con
tract between the District and the bondholders) for the
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bonds July 1, 1957 and July 1, 1958 contains the follow
ing requirements:
(1)That the District shall have the right to redeem
all outstanding bonds for retirement or refunding
on March 1, 1975.
(2)That the term "system", as used in the orders,
shall include and mean the waterworks and sanitary
sewer system then being constructed and acquired
by said District, together with any addit ions and
extensions thereto, and improvements and replace
ments thereof, hereafter constructed or acquired.
(3)That the net revenues from the operation ·of the
District's waterworks and sanitary sewer system,
after the payment of reasonable administration,
operation and maintenance expenses, are hereby
irrevocably pledged to the payment of the bonds
hereby authorized subject to the terms and pro
visions of this order.
(4)That the District shall not issue any additional
revenue bonds of equal parity to the revenue
bonds authorized December 1, 1956.
When the City of Friendswood abolished Galveston County Water
Control and Improvement District No. 15, the City assumed the
above obligations and became limited by the above restrictions. 6
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The City of Friendswood has annexed that portion of
Galveston County Water Control and Improvement District
No. 21 that lies in Galveston County. The City of Friends
wood is presently returning sufficient monies collected
from the area within the Galveston County Water Control
and Improvement District No. 21 to make the interest pay
ments on the District No. 21 bonds. Procedures are being
planned and are being taken whereby Galveston County Water
Control and Improvement District No. 21 will be abolished
and the assets and obligations of the District assumed
by the City of Friendswood.
On September 19, 1964, the voters of Galveston County
Water Control and Improvement District No. 21 authorized
the issuance of $600,000 Waterworks and Sewer System
Combination Tax and Revenue Bonds. The bonds were issued
in one installment dated August 1, 1964 and $600,000 of
the bonds authorized September 19, 1964 were outstanding
as of September 1, 1968.
The bond order (which constitutes a binding contract
between the District and the bondholders) for the bonds
dated August 1, 1964 contains the following requirements:
(1)That the District shall have the right to re
deem all outstanding bonds for retirement or
refunding as follows:
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August 1, 1979 at 103% of Par
August 1, 1980 at 102¾ of Par
August 1, 1981 at 102% of Par
August 1, 1982 at 101� of Par
August 1, 1983 at 101% of Par
August 1, 1984 at lOo¾ of Par
August 1, 1985 or any interest pay-
ment date thereafter at 100% of Par
(2)That the term "system" as used in the bond order
shall include and mean the waterworks and sani
tary sewer system owned and operated by the
District, and all extensions and replacements
thereof and improvements thereto whensoever made.
(3)That the net revenues from the operation of said
system, after payment of reasonable cost of ad
ministration, operation and maintenance, are
hereby irrevocably pledged to the payment of
the issue of bonds herein ordered to be issued,
subject to the terms and provisions hereof.
(4)The District expressly reserves and shall here-I I I after have the right to issue additional bonds
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payable from and secured by a lien on the net
revenues of the District's system on a parity
in all respects with the lien on the bonds
ordered to be issued by this order.
If the City of Eriendswood abolishes Galveston County
Water Control and Improvement District No. 21, the City
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will assume the above obligations and become limited by
the above restrictions.
In addition to the Combination Revenue and Tax Bonds
dated July 1, 1957 and July 1, 1958, the City of Friends
wood assumed $150,000 Galveston County Water Control and
Improvement District No. 15 Waterworks and Sewer System
Unlimited Tax, Series 1962 Bonds dated October 1, 1962
and $163,000 ($175,000 original issue with $14,000 having.
matured) Galveston County Water Control and Improvement
District No. 15 Waterworks and Sewer System Unlimited Tax,
Series 1963 Bonds dated October 1, 1963. The bonds dated
October 1, 1962 and the bonds October 1, 1963 are straight
tax bonds; therefore, have no restrictive provisions for
the issuance of additional bonds.
Galveston County Water Control and Improvement District
No. 21 has no straight tax bonds outstanding -the $600,000
Combination Tax and Revenue Bonds constitute the entire
indebtedness.
The City of Friendswood issued $200,000 Sewer Improve
ment Series 1967 Bonds dated March 1, 1967. The bonds are
straight tax bonds; therefore, have no restrictive provi
sions for the issuance of additional bonds. 9
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$236,000
25,000
SUMMARY (As of 9/1/68)
District No. 15 Combination Revenue and Tax Bonds dated July 1, 1957 District No. 15 Combination Revenue and Tax Bonds
dated July 1, 1958 �$-26�1-,-0-0-0 Closed Lien Revenue Bonds on District No. 15 System
$150,000
163,000
$313,000
District No. 15 Straight Tax Bonds dated October 1, 1962 District No. 15 Straight Tax Bonds dated October 1, 1963 District No. 15 Straight Tax Bonds
$600,000 District No. 21 Combination Tax and Revenue Bonds with no restrictions for additional Revenue Bonds
$200,000 City of Friendswood Straight Tax Bonds dated March 1, 1967
The City of Friendswood is legally obligated or is volun
tarily making the principal and interest payments on $1,374,000
of bonds. All of the bonds were issued for the purpose of
constructing water and sewer systems.
There is a definite closed lien pledge of the net revenues
of the District No. 15 waterworks and sewer system (with all
additions, extensions, improvements and replacements thereto)
to the outstanding $261,000 Combination Revenue .a:nd Tax Bonds
authorized December 1, 1956. If the City of Friendswood wishes
to sell additional revenue bonds payable from the net revenues
of the District No. 15 system, there are two alternates:
(1)Make the additional revenue bonds junior and sub
ordinate to the Combination Revenue and Tax Bonds
authorized December 1, 1956.
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(2)Repurchase and refund (into tax bonds) all of
the outstanding Combination Revenue and Tax Bonds
authorized December 1, 1956, -thereby eliminating
the obligation to said bondholders.
If the City of Friendswood assumes the obligations of Dis
trict No. 21, the City will not be restricted in its ability
to sell additional first lien revenue bonds on the District
No. 21 system because there is absolutely no limitation on the
sale of additional parity bonds.
BASIC ASSUMPTIONS FOR PLANNING FUTURE FINANCING
That the City of Friendswood will co ntinue to experi
ence rapid growth with increasingly urgent demands for capital
funds to expand the water system, sewer system, drainage
facilities, streets, libraries, fire protection facilities,
police protection facilities, parks, recreational facilities
and perhaps a garbage disposal system.
That during the rapid growth period the financing of
all capital improvements be kept as expandable as p9ssible.
That it be recognized that an expandable financing plan
will require higher interest cost because of the greater risk
to bondholders as compared to normal, more conventional,
financing.
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That if at all feasible, all capital funds for water
and sewer improvements be acquired through the issuance of
revenue bonds -thereby leaving.the City's tax bond ability
available to provide capital funds for streets, drainage,
parks, libraries, etc. for which revenue bonds cannot be
issued.
That in order to secure the desired flexibility in the
revenue bond financing, it will probably be advisable to
keep the revenue bonds with "friendG..y" bondholders in order
to avoid the restrictions of even the most lenient histori
cal coverage requirements.
That the cost of street improvements will exceed the
City's bonding capacity; therefore, a property owner parti
cipation program will be required.
RECOMMENDATIONS FOR FINANCING IMMEDIATE NEEDS
That an attempt be made to purchase all outstanding
District No. 15 closed lien revenue bonds in order to elimin
ate the restrictions upon the City's ability to issue addi
tional first lien revenue bonds.
That the City plan to issue second lien revenue bonds
if.the District No. 15 closed lien revenue bonds cannot be
re-pu rchased at a reasonable cost.
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That the capital funds for water and sewer system
improvements be obtained from the issuance of ei ther
first or second lien revenue bonds. That not more than
$500,000 of revenue bonds be issued immediately.
That not more than $200,000 of tax bonds be issued
immediately. That all improvements requiring in excess
of $200,000 of tax bonds funds be delayed for approxi
mately two years when the increase in the City's total
revenues should justify the sale of additional tax bonds."
The fi nancial data appearing under the CAPITAL IMPROVEMENT PLAN,
FINANCIAL and under the sub-title:
"CITY OF FRIENDSWOOD"
has been prepared by
Harry Granberry
of
Texas Securities Corporation
Financial Advisors of
Friendswood, Texas
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CAPITAL IMPROVEMENT PLAN RECOMMENDED IMPROVEMENT PROGRAM
Recommended improvements have been developed in Interim Report
Number 2. Priority of the proposed work was determined from present
day needs and the projected future City development.
Detailed analysis and design plans should be started as soon as
practicable for the installation of the recommended improvements set
out in the first two annual programs. It is suggested that the re
maining three programs be reviewed at the end of each program year
to adjust and coordinate with possible major future developments
which might cause a change in the plans outlined in this report.
Following is the total estimated projects cost for each year of
the five year program.
TOTAL ESTIMATED PROJECTS COST
CITY OF FRI ENDSWOOD
1st YEAR IMPROVEMENT PROGRAM
1.Water Facilities Improvements
2.Sewerage Facilities Improvements
ESTIMATED 1st YEAR PRO JECTS COST¾-
2nd YEAR IMPROVEMENT PROGRAM
1.Water Facilities Improvements
2.S�werage Facilities Improvements
ESTIMATED 2nd YEAR PROJECTS COST*
$ 152,800
318,600
$ 471,400
$ 128,800
155,700
$ 284,500
*Includes Engineering, Inspection, Legal and Fiscal Fees
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3rd YEAR IMPROVEMENT PROGRAM
l.Sewerage Facilities Improvements
ESTIMATED 3rd YEAR PROJECT COS�
4th YEAR IMPROVEMENT PROGRAM
l.Sewerage Facilities Improvements
2.Street and Road Improvements
ESTIMATED 4th YEAR PROJECTS COST*
5th YEAR IMPROVEMENT PROGRAM
1.Street and Road Improvements
ESTIMATED 5th YEAR PROJECT COST*
$ 332,600
$ 332,600
$ 153,000
268,900
$ 421,900
$ 384,400
$ 384,ooo
ESTIMATED TOTAL COST OF FIVE YEAR IMPROVEMENT PROGRAM $1,894,800
FRIENDSWOOD DRAI NAGE DISTRICT
The following recommended improvements are proposed for develop
ment by the Friendswood Drainage District in coordination with the
City 1 s improvement programs.
1st YEAR IMPROVEMENT PROGRAM (City's 2nd Year Program)
1.Drainage Facilities Improvements
ESTIMATED 1st YEAR PROJECT COST*
2nd YEAR IMPROVEMENT PROGRAM (City's 3rd Year Program)
1.Drainage Facilities Improvements
ESTIMATED 2nd YEAR PROJECT COST*
ESTIMATED TOTAL COST OF DRAINAGE IMPROVEMENT PROGRAM
$ 239,000
$ 239,000
$ 239,000
$ 239,000
$ 478 ,ooo
*Includes Engineering, Inspection, Legal and Fiscal Fees
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Estimates of construction costs are based on current (1968)
dollars. Information determined and used in final design at the
date of construction may alter costs. The estimates have not been
escalated for future costs of labor, materials, or professional
fees. Additionally, no account has been made of effects which may
be brought about because of changes in City revenues.
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CAPITAL IMPROVEMENT PROGRAM BUDGET
The present additional bond financing capability of the City
of Friendswood is approximately $700,000. It is estimated that these
bond funds, if approved by the voters, will, with curren tly available
government assistance programs, provide sufficient financing for the
first three yearly programs. The funds necessary for the fourth and
fifth year programs are dependent on the continuing development and
growth of the City and its bond financing capability.
A suggested budget for the five year program is as follows:
1st YF.A.R IMPROVEMENT PROGRAM
1.Water Facilities Improvements -
2.
Estimated Project Cost $ 152,800
Estimated Government Assistance
City of Friendswood Estimated Financial Requirement
Sewerage Facilities Improvements -Estimated Project Cost $ 318,600
Estimated Government Assistance
City of Friendswood Estimated Financial Requirement
CITY OF FRIENDSWOOD TOTAL 1st YEAR IMPROVEMENT
PROGRAM ESTIMATED FINANCIA L REQUIREMENT*
2nd YEAR IMPROVEMENT PROGRAM
l.Water Facilities Improvements -Estimated Project Cost $ 128,800
Estimated Government Assistance
City of Friendswood Estimated Financial Requirement
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$ 66,400
$ 86,400*
$ 105,100
$ 213,500*
$ 299,900
$ 56,000
$ 72,800*
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lI 2.Sewerage Facilities Improvements -Estimated Project Cost $ 155,700
[I Estimated Government Assistance $ 51,300
I City of Friendswood Estimated I I I Financial Requirement $ 104,400*
CITY OF FRIENDSWOOD TOTAL 2nd YEAR IMPROVEMENT 11 I PROGRAM ESTIMATED FINANCIAL REQUIREMENT* $ 177,200
Jrd YEAR IMPROVEMENT PROGRAM
I I 1.Sewerage Facilities Improvements -Estimated Project Cost $ 332,600
LI I Estimated Government Assistance $ 109,700
' City of Friendswood Estimated 11 I Financial Requirement $ 222,900*
I CITY OF FRIENDSWOOD TOTAL 3rd YEAR IMPROVEMENT PROGRAM ESTIMATED FINANCIAL REQUI REMENT* $ 222,900 11 4th YEAR IMPROVEMENT PROGRAM
11 1.Sewerage Facilities Improvements -Estimated Project Cost $ 153,000
11 Estimated Government Assistance $ 50,400
I City of Friendswood Estimated Financial Requirement $ 102,600* !I I 2.Street and Road Improvements -Estimated Project Cost $ 268,900
Estimated Abutting Property Assessment $ 179,200
f I City of Friendswood Estimated Financial Requirement $ 89,700*
CITY OF FRIENDSWOOD TOTAL 4th YFAR IMPROVEMENT 11 I PROGRAM ESTIMATED FI NA NCIAL REQUIREMENT* $ 192,300
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5th YEAR IMPROVEMENT PROGRAM
1.Street and Road Improvements -
Estimated Project Cost $ 384,400
Estimated Abutting Property Assessment $ 256,200
City of Friendswood Estimated
Financial Requirement
CITY OF FRIENDSWOOD TOTAL 5th YEAR IMPROVEMENT PROGRAM ESTIMATED FINANCIAL REQUIREMENT*
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$ 128,200*
$ 128,200
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PROPOSED ZONING ORDINANCE
SECTION 1 -PURPOSE OF ZONING ORDINANCE
SECTION 2 -DEFINITIONS
SECTION 3 -ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
SECTION 4 -RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
SECTION 5 -APPLICATION OF DISTRICT REGULATIONS
SECTION 6 -NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES, AND NON-CONFORMING CHARACTERISTICS OF USE
SECTION 7 -SCHEDULE OF DISTRICT REGULATIONS ADOPTED
SECTION 8 -SUPPLEMENTARY DISTRICT REGULATIONS
SECTION 9 -ADMINISTRATION AND ENFORCEMENT -BUILDING PERMITS
AND CERTIF ICATES OF ZONING COMPLIANCE
SECTION 10 -BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE
SECTION 11 -THE BOARD OF ADJUSTMENT: POWERS AND DUTIES
SECTION 12 -APPEALS FROM THE BOARD OF ADJUSTMENT
SECTION 13 -DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTMENT, CITY COUNCIL, AND COURTS ON MATTERS OF APPEAL
SECTION 14 -SCHEDULE OF FEES, CHARGES, AND EXPENSES
SECTION 15 -AMENDMENTS
SECTION 16 -PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQ,UIREMENTS
SECTION 17 -COMPLA INTS REGARDING VIOLATIONS
SECTION 18 -PENALTIES FOR VIOLATION
SECTION 19 -SEPARABILITY CLAUSE
SECTION 20 -REPEAL OF CONFLICTING ORDINANCE; EFFECTIVE DATE
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PROPOSED
CITY OF FRIENDSWOOD ZONING ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS PROVIDING FOR AND ADOPTING COMPREHENSIVE RULES AND REGULATIONS GOVERNING ZONING; PROVIDING FOR BUILDING PERMITS
AND FEES AND CHARGES THEREFORE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING A PENALTY· FOR VI OLATIONS HEREOF IN AN AMOUNT OF NOT LESS THAN ONE DOLLAR AND NOT MORE THAN TWO HUNDRED DOLLARS, MAKING EACH VIOLATION A SEPARATE OFFENSE, MAKING EACH DAY SUCH VIOLATION CONTINUES A_SEPARATE OFFENSE, AND PROVIDING FOR INJUNCTIVE REMEDIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
SECTION 1. PURPOSE OF ZONING ORDINANCE
The Zoning Regulations and Districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting the Health, Safety, Morals and the General Welfare of the City of Friendswood. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of the land throughout the City of Friendswood.
SECTION 2. DEFINITIONS
For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows:
The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
The present tense inclu des the future tense, the singular number includes the plural, and the plural number includes the singular.
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The word shall is mandatory, the word may is permissive.
The words used or occupied include the words intended, designed,
or arranged to be used or occupied.
The word lot includes the words plot or parcel.
Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to,
the principal use or structure.
Buildable Area: The portion of a lot remaining after required
yards have been provided.
Drive-In Restaurant or Refreshment Stand: Any place or premises used for sale, dispensing, or serving of food, refreshments, or
beverages in automobiles, including those establishments where
customers may serve themselves and may eat or drink the food, re
freshments, or beverages on the premises.
Dwelling, Single-Family: A detached residential dwelling unit other than a mobile home, designed for and occupied by one family
only.
Dwelling, Mobile Home: A detached residential dwelling unit de
signed for transportation after fabrication on streets or high
ways on its own wheels or on flatbed or other trailers, and
arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connections to utilities,
and the like: A travel trailer is not to be considered as a
mobile home.
Dwelling, Two-Family: A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
Dwelling,. Multiple-Family: A residential building designed for or occupied by three or more families, with the number of families
in residence not exceeding the number of dwelling units provided.
Dwelling Unit: One room, or rooms connected together, consti
tuting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or
dwelling units which may be in the same struc ture, and containing independent cooking and sleeping facilities.
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Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or mar
riage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises
may be housed on the premises without being counted as a family
or families.
Filling Station: Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accesso ries may be supplied and dispensed at retail, and where in addition the
following services may be rendered and sales made, and no other:
1.
2. 3, 4.
5,
6.
7, 8. 9, Sale and servicing of spark plugs, batteries, and
distributors and distributor parts;
Tire servicing and repair, but not recapping or re
grooving;
Re placement of mufflers and tail pipes, water hose,
fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades,
grease retainers, wheel bearings, mirrors, and the like;
Radiator cleaning and flushing;
Washing and polishing, and sale of automotive washing
and polishing materials;
Greasing and lubrication;
Providing and repairing fuel pumps, oil pumps, and
lines;
Minor servicing and repair of carburetors;
Emergency wiring repairs;
10.Adjusting and repairing brakes;
11.
12.
Minor motor adjustments not involving removal of the
head or crankcase or racing the motor;
Sales of cold drinks, packaged foods, tobacco, and
similar convenience goods for filling stations customers, as accessory and incidental to principal operation.
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13.Provision of road maps and other informational mater
ial to customers; provision of restroom facilities.
Uses permissible at a filling station do not include major mech
anical and body work, straighten ing of body parts, painting,
welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other charac
teristics to an extent greater than normally found in filling
stations. A filling station is not a repair garage nor a body shop.
Home Occupation: An occupation conducted in a dwelling unit,
provided that:
1.No person other than members of the family residing
on the premises shall be engaged in such occupation;
2.The use of the dwellin g unit for the home occupation
shall be clearly incidental and subordinate to its
use for residential purposes by its occupants, and
not more than 25 percent of the floor area of thedwelling unit shall be used in the conduct of the
home occupation;
3, There shall be no change in the outside appearance of
the building or premises, or other visible evidence
of the conduct of such home occupation other than one
sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the
principal building;
4.No home occupation shall be conducted in any accessory
building;
5.There shall be no sales in connection with such home
occupation;
6.
7,
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall
be met off the street and other than in a required front yard.
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or elect rical interference detectable
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to the normal senses off the lot, if the occupation
is conducted in a single-family residence, or out
side the dwelling unit if conducted in other than a
single-family residence. In the case of electrical
interference, no equipment or process shall be used
which creates vis ual or audible interference i.n any radio or television receivers off the premises, or
causes fluctuations in line voltage off the premises.
Loading Space, Off-Street: Space logically and conveniently
located for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to such vehicles
when required off-street parking spaces are filled. Required
off-street loading space is not to be included as off-street
parking space in computation of required off-street parking space.
Lot: For purposes of this ordinance, a lot is a parcel of land . of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other
open spaces as are herein required. Such lot shall have front
age on an improved public street, or on an approved private
street, and may consist of:
1.A single lot of record;2. 3, A portion of a lot of r�cord;
A combination of complete lots of record, of complete
lots of record and portions of lots of record, or of portions of lots of record;
4.A parcel of land described by metes and bounds;
provided that in no case of division or combination shall any
residual lot or parcel be created which does not meet the requirements of this ordinance.
Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining
yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards of this section.
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Lot Measurements:
1.
2.
Depth of a lot shall be considered to be the distance
between the midpoints of straight lines connecting
the foremost points of th e side lot lines in front
and the rearmost points of the side lot lines in the
rear.
Width of a lot shall be considered to be the distance
between straight lines connecting front and rear lot
lines at each side of the lot, measured across the
rear of the required front yard, provided however
that width between side lot lines in the foremost
points (where they intersect with the street line)
shall not be less than 80 percent of the required
lot width except in the case of lots on the turning
circle of culs-de-sac, where the 80 percent require
ment shall not apply.
Lot of Record: A lot which is part of a subdivision recorded
in the office of the County Clerk, or a lot or parcel described
by metes and bounds , the description of which has been so re
corded.
Lot Types:
1.
2.
3,
4.
Corner lot, defined as a lot located at the inter
section of two or more streets. A lot abutting on
a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost
points of the side lot lines to the foremost point
of the lot meet at an interior angle of less than 135 degrees.
Interior lot, defined as a lot other than a corner
lot with only one frontage on a street.
Through lot, defined as a lot other than a corner
lot 1·1ith frontage on more than one street. Through
lots abutting two streets may be referred to as
double frontage lots.
Reversed Frontage lot, defined as a lot on which the
frontage is at right angles or approximately right
angles (interior angle less than 135 degrees) to the
general pattern in the area. A reversed frontage lot
may also be a corner lot, an interior lot, or a through
lot.
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Outdoor Advertising Business: Provision of outdoor displays
or display space on a lease or rental basis only.
Parking Space, Off-Street: For the pu rpose of this ord inance,
an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both
sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking
area for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be
on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.
For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be
considered to be met only when actual spaces meeting the re
quirements above are provided and maintained, improved in a
manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the City.
Sign: Any device designed to inform or attract the attention
of persons not on the premises on which the sign is located, provided however that the following shall not be included in
the application of the regulations herein:
1.
2.
3.
4.
5.
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
Flags and insignia of any government except when dis
played in connection with commercial promotion;
Legal notices; identification, informational, or directional signs erected or required by governmental
bodies;
Integral decorative or architectural features of
buildings, except letters, trademarks, moving parts, or moving lights;
Signs directing and guiding traffic and parking on
private property, but bearing no advertising matter.
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Signs, Number and Surface Area: For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized,
related, and composed to form a unit. Where matter is displayed
in a random manner without organized relationship of elements, each element shall be considered to be a single sign.
The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of
the sign and including all of the elements of the matter dis
played. Frames and structural members not bearing advertising
matter shall not be included in computation of surface area.
Sign, On-Site: A sign relating in its subject matter to the
premises on which it is located, or to products, accomo dations,
services, or activities on the premises. On-site signs do not
include signs erected by the outdoor advertising industry in
the conduct of the outdoor advertising business.
Sign, Off-Site: A sign other than an on-site sign.
Special Exception: A special exception is a use that would not
be appropriate generally or without restriction throughout the
zoning division or district but which, if controlled as to
number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appea rance, prosperity, or general wel
fare. Such uses may be permitted in such zoning division or
district as special exceptions, if specific provision for such
special exceptions is made in this zoning ordinance,
Street Line: The right-of-way line of a street.
Structure: Anything constructed or erected with a fixed loca
tion on the ground, or attached to something having a fixed
location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.
Travel Trailer: A vehicular, portable structure built on a
chassis, designed to be used as a temporary dwelling for travel
and recreational purposes, having a body width not exceeding eight feet.
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Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to
the public interest and where, owing to conditions peculiar
to the property and not the result of the actions of the
applicant, a literal enforcement of the ordinance would re
sult in unnecessary and undue hardship. As used in this ordin
ance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the
presence of non-conformities in the zoning district or uses in an adjoining zoning district.
Yard: A required open space other than a court occupied and
unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot
upward, provided however that fences, walls, poles, posts, and
other customary yard accessories, ornaments, and furniture
may be permitted in any yard subject to height limitations and
requirements limiting obstruction of visibility.
Yard, Front: A yard extending between side lot lines across
the front of a lot adjoining a public street.
In any req'uired front yard, no fence or wall shall be permitted which materially impedes vision across such yard above
the height of 30 inches, and no hedge or other vegetation
shall be permitted which materially impedes vision across
such yard between the heights of 30 inches and 10 feet.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards
shall be provided on all frontages. Where one of the front
yards that would normally be required on a through lot is not
in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard
and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
In the case of corner lots which do not have reversed frontage,
a front yard of the requ ired depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for fron t yards in the
district shall be provided on the other frontage.
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In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage,
and a second front yard of half the depth required generally for front yards in the district shall be provided on the
other frontage.
In the case of corner lots with more than two frontages, the
administrative official shall determine the front yard re
quirements, subject to the following limitations: (1) At
least one front yard shall be provided having the full depth
required generally in the distri ct; (2) No other front yard on such lot shall have less than half the full depth required generally.
Depth of required front yard shall be measured at right angles
to a straight line joining the foremost points of the side
lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections,
shall be assumed to be the point at which the side and front
lot lines would have met without such rounding. Front and
rear yard lines shall be parallel.
Yard, Side: A yard extending from the rear line of the re
quired front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot
farthest from the intersection of the lot line involved with
the public street. In the case of through lots, side yards
shall extend from the rear lines of front yards requ:i.red. In the case of corner lots, yards remaining after full- and half
depth front yards have been established shall be considered
side yards.
Width of a required side yard shall be measured in such a
manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge
parallel with the side lot line.
Yard, Rear: A yard extending across the rear of the lot
between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only· front and side yards.
Depth of a required rear yard shall be measured in such a
manner that the yard established is a strip of the minimum width required by district regulations with its inner edge
parallel with the rear lot line.
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Yard, Special: A yard behind any required yard adjacent to
a public street, required to perform the same functions as a
side or rear yard, but adjacent to a lot line so placed or
oriented that neither the term "side yard 11 nor the term "rear
yard'' clearly applies. In such cases, the administrative
official shall require a yard with minimum dimensions as
generally required for a side yard or a rear yard in the dis
trict, determining which shall apply by the relation of the
portion of the lot on which the yard is to be located to the
adjoining lot or lots, with due regard to the orientatio n and location of structures and buildable areas thereon.
SECTION 3. ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
1.Official Zoning Map -The City is hereby divided intozones, or districts, as shown on the Official Zoning Map which,
together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinanc e.
The Official Zoning Map shall be identified by the signature
of the Mayor,attested by the City Secretary, and bearing the seal
of the City under the following words:
"This is to certify that this is the Official Zoning
Map referred to in Section 3 of Ordinance Number of the City of Friends wood, Texas", --
together with the date of the adoption of this Ordinance.
If, in accordance with the provisions of this Ordinance and Chapter , State Statutes, changes are made in district boundar-
ies or other matter portrayed on the Official Zoning Map, such changes shall be entered on th e Official Zoning Map promptly af.ter
the amendment has been approved by the City Council, with an entry
on the Official Zoning Map as follows:
"On (date), by official action of the City Council, the
following (change)( changes) were made in the Official Zoning Map: (brief description of nature of change)",
which entry shall be signed by the Mayor and attested by the City
Secretary. No amendment to this Ordinance which involves matter
portrayed on the Official Zoning Map shall become effective until
after such change and entry has been made on said map.
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No changes of any nature shall be made in the Official Zoning
Map or matter shown thereon except in conformity with the procedures
set forth in this Ordinance. Any unauth0r.:i:zed:\chf3.nge_ of:1whatever
kind by any person or persons shall be considered a violation of
this Ordinance and punishable as provided under Section 18.
Regardless of the existence of purported copies of the Official
Zoning Map which may from time to time be made or published, the
Official Zoning Map which shall be located in the office. of the City
Secretary (or specify other place easily accessible to the public) shall be final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.
2.Replacement of Official Zoning Map -In the event that
the Official Zoning Map becomes damaged, destroyed, lost, or diffi
cult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official
Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or
omissions in the prior Official Zoning Map, but no such correction
shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor,attested by the
City Secretary, and bearing the seal of the City under the following
wo rds::
"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance
No. of the City of Friendswood, Texas."
• I • Unless the prior Official Zoning Map has been lost, or has
been totally destroyed, the prior map or any significant parts
thereof remaining, shall be preserved, together with all available
records pertaining to its adoption or amendment.
SECTION 4. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of distric ts as
shown on the Official Zoning Map, the following rules shall apply:
1.Boundaries indicated as approximately following the center
lines of streets, highways, or alleys shall be construed to follow such center lines;
2.Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines;
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3.Boundaries indicated as approximately following city
limits shall be construed as following such city limits;
4.Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks;
5.Boundaries indicated as following shore lines shall be
construed to follow such shore lines, and in the event of change
in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the
center lines of streams, rivers, canals, lakes, or other bodies
of water shall be construed to follow such center lines;
6.Boundaries indicated as parallel to or extensions offeatures indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
7, Where physical or cultural features existing on the
ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through
6 above, the Board of Adjustment (Section 10) shall interpre t the
district boundaries.
8.Where a dis tr i·ot boundary line di vi des a lot which was
in single ownership at the time of passage of this Ordinance, the
Board of Adjustment may permit , as a special exception, the exten
sion of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
SECTION 5, APPLICATION OF DISTRICT REGULATIONS
The regulations set by this Ordinance within each district
shall be minimum regulations and shall apply uniformly to each class or kind of struc ture or land, and particularly, except as
hereinafter provided:
1.No building, structure, or land shall hereafter be usedor occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, recon structed, moved, or
structurally altered except in conformity with all of the regula
tions herein specified for the district in which it is located.
2.No building or other structure shall hereafter be erectedor altered:
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a.To exceed the height or bulk;
b.To accomodate or house a greater number of families;
c.To occupy a greater percentage of lot area;
d.To have narrower or small.er rear yards, front yards,side yards, or other open spaces than herein required;or in any other manner contrary to the provisions of
this Ordinance.
3.No part of a yard, or other open space, or off-street park
ing or loading space required about or in connection with any build
ing for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or load
ing space similarly required for any other building.
4.No yard or lot existing at the time of passage of this
Ordinance shall be reduced in dimensio n or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this O rdinance shall meet at least the minimum
requirements established by this Ordi nance.
5.All terri tory which may hereafter be annexed to the City
shall be considered to be in the R-1 (S ingle-Family) District until otherwise classified.
SECTION 6. NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON
CONFORMING STR UCTU RES, NON-CONFORMING USES OF STRUCTURES AND PRE
MISES, AND NON-CON FORMING CHARACTERISTICS OF USE
1.. Intent -Within the district established by this Ordinance or amendments that may later be adopted, there exist
a.lots,
b.
c.
d.
structures,
uses of land and structures, and
characteristics of use
which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this
Ordinance to permit these non-conformities to continue until they
are removed, but not to encourage their survival.. It is further 34
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the intent of this Ordinance that non-conformities shall not be enlarged upon, expa�ded or extended, nor be used as grounds for
adding other structures or uses prohibited elsewhere in the same
district.
Non-conforming uses are declared by this Ordinance to be in
compatible with permitted uses in the districts involved, A nonconforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not
be extended or enlarged after passage of this Ordinance by attach
ment on a building or premises of additional signs intended to be
seen from off the premises, or by the addition of other uses, of
a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this Ordinance shall be
deemed to require a change in the plans, construction, or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this Ordin
ance and upon which actual building construction has been carried
on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and
fastened in a permanent manner. Where excavation or demolition
or removal of an existing building has been substantially begun
preparatory to rebuilding, such excavation or demolition or removal
shall be deemed to be actual construction, provided that work shall be carried on diligently.
2.Non-Conforming Lots of Record -In any district in which
single-family dwelling s a:r e permitted,a single-family dwelling and
customary accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not
of continuous frontage with other lots in the same ownership. This
provision shall apply even though such lot fails to meet the re
quirements for area or width, or both, that are generally applicable
in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is
located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width
and area, the land involved shall be considered to be an undivided
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parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliancewith lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance.
3. Non-Conforming Uses of Land (Or Land with Minor StructuresOnly) -Where at the time of passage of this Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such use inv olves no individualstructure with a replacement cost exceeding $1,000, the use may becontinued so long as it remains otherwise lawful, provided:
a.
b.
c.
d.
No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;
No such non-conforming use shall be moved in wholeor in part to any portion of the lot or parcel other than that occupied by such use at the effectivedate of adoption or amendment of this Ordinance;
If any such non-conforming use of land ceases for any reason for a period of more than 30 days, anysubsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land.
4. Non-Conforming Structures -Where a lawful structure exists at the effective date of adoption or amendment of this Grdinance that could not be built under the terms of this Grdinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure,such struc ture may be continued so long as it remains othenrise la.wful, subject to the following provisions:·
a.No such non-conforming structure may be enlarged or altered in a way which inc;reases its non-conformity,but any structure or portion thereof may be altered to decrease its non-conformity.
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b.
c.
Should such non-conforming structure or non-conforming
port ion of structure be destroyed by any means to an
extent of more than 50 per cent of its replacement
cost at the time of destruction, it shall not be reconstructed except in conformity· with the provisions
of this ordinance;
Should such structure be moved for any reason for any
dist ance whatever, it shall thereafter conform to the
regu lations for the district in which it is located after it is moved.
5.Non-Conforming Uses of Structures or of Structures and
Premises in Combination -If lawful use involving individual struct
ures with a replacement cost of $1,000 or more , or of structure and
premises in combination, exists at the effective date of adoption or amendment of this Ordinance, that would not be allowed in the dis
trict under the terms of this Ordinance , the lawful use may be con
tinued so long as it remains otherwise lawful, subject to the following
provisions:
a.
b.
C,
No existing structure devoted to a use not permitted
by this Ordinance in the district in which it is lo
cated shall be enlarged , extended, constructed , reconstructed, moved , cir structurally altered except
in changing the use of the structure to a use per
mitted in the district in which it is located;
Any non-conforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for such use at the time of adoption or
amendment of this Ordinance, but no such use shall be
extended to occupy any land outside such building;
If no structural alterations are made, any non-conform
ing use of a structure, or structure and premises, may as a special exception be changed to another non-conforming use provided that the Board of Adjustment,
either by general rule or by making findings in the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the district than the existing non-conforming .use. In per
mitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Ocdinance; 37
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Any structure, or structure and land in combination,
in or on which a non-conforming use is superseded by
a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming
use may not thereafter be resumed;
When a non-conforming use of a structure, or structure and premises in combination, i.s discontinued or aban
doned for six consecutive months or for 18 months
during any three-year period (except when government
action impedes access to the premises), the structure,
or structure and premises in combination, shall not
thereafter be used except in conformity with the regulations of the district in which it is located;
Where non-conforming use status applies to a structure
and premises in combinat ion, removal. or destruction of the structure shall eliminate the non-conforming
status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of
more than 50 per cent (or other figure) of the re
placement cost at time of destruction.
6.Repairs and Maintenance -On any non-conforming structure
or portion of a structure containing a non-c.onforming use, work may
be done in any period of 12 consecutive months on ordinary repairs,
or on repair or replacement of non-bearing walls, fixtures, wiring,
or plumbing, to an extent not exceeding 10 per cent of the current replacement cost of the non-conforming structure or non-conforming
portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
If a non-conforming structure or portion of a structure con
taining a non-conforming use becomes physically unsafe or unlawful
due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful be reason of physical condition, it shall not thereafter be restored > repaired, or rebuilt except in conformity with the regulations of the district in which
it is located.
Nothing in this Ordinance shall be deemed to prevent the strength
ening or restoring to a sa:(e condition of any-building or part thereof declared to be unsafe by an official charged with protecting the publi.c safety, upon order of such off_icial.
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7, Uses Under Special Exception Provisions Not Non-Conforming
Uses -Any use which is permitted as a special exception in a dis
trict under the terms of this ordinance (other than a change through
Board of Adjustment action from a non-conforming use to another use
not generally permitted in the district) shall not be deemed a non
conforming use in such district, but shall without further action be considered a conforming use.
SECTION 7, SCHEDULE OF DISTRICT REGULATIONS ADOPTED
District regulations shall be as set forth in the Schedule of
District Regulations, hereby adopted by reference and declared to
be a part of this Ordinance, and in Section 8 of this ordinance, entitled "Supplementary District Regulations". The several districts
hereby established and into which the City is divided are designated as follows:
R-1 District
R-2 District
C-1 District
M-1 District
Single-Family Residential District
Multiple-Family Residential District
Retail Business District
Light Industry District
SECTION 8. SUPPLEMENTARY DISTRICT REGULATIONS
1.Visibility at Intersections in Residential Districts -
On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to
impede vision between a height of two and a half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points
al ong said street lines 50 feet from the point of the intersection.
2.Fences, Walls, and Hedges -Notwithstanding other provi
sions of this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that
no fence, wall, or hedge along the sides or front edge of any front yard shall be over two and one-half feet in height.
3, Accessory Buildings -No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other building
4.Erection of More than One Principal Structure on a Lot -In any district, more than one structure housing a permitted or per
missible principal use may be erected on a single lot, provided that
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yard and other requirements of this Ordinance shall be met for each
structure as though it were on an individual lot.
5.Exceptions to Height Regulations -The height limitations
contained in the Schedule of District Regulations do not apply to
spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the
roof level and not intended for human occupancy.
6.Structure to Have Access -Every building hereafter erectedor moved shall be on a lot adjacent to a public street, or with ac
cess to an approved private street, and all structures shall be so
located on lots as to provide safe and convenient access for servicing,
fire protection, and required off-street parking.
7.Parking, Storage, or Use of Major Recreational Equipment -
For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick
up campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings, tent trailers, and the like, and cases or boxes
used for transporting recreational equipment, whether occupied by
such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a car port or enclosed building or behind the nearest portion of a
building to a street, provided however, that such equipment may be
parked anywhere on residential premises for · not to exceed 24 hours
during loading or unloading. No such equipment shall be used for
living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
8.Parking and Storage of Certain Vehicles -Automotive
vehicles of any kind or type without current license plates shall
not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
SECTION 9. ADMINISTRATION AND ENFORCEMENT -BUILDING PERMITS AND
CERTIFICATES OF ZONING COMPLIANCE
l.Administration and Enforcement -An Administrative Official
designated by the City Council shall administer and enforce this Ordinance. He may be provided with the assistance of such other persons as the City Council may direct.
If the Administrative Official shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct
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it. He shall order discontinuance of illegal use of land, buildings,
or structures; removal of illegal buildings or structures or of
illegal additions, alteratio ns, or structural changes; discontinuance
of any illegal work being done; or shall take any other action auth
orized by this ordinance to ensure complian·ce with or to prevent vio
lation of its provisions.
2.Bu ilding Permits Required -No building or other structure
shall be erected, moved, added to, or structurally altered without
a permit therefor, issued by the Ad ministrative Official. No build
ing permit shall be issued by the Administrative Official except in
conformity with the provisions of this Ordinance, unless he receives
a written order from the Board of Adjustment in the form of an ad
ministrative review, special exception, or variance as provided by
this Ordinance.
3.Application for Building Permit -All applications forbuilding permits shall be accompanied by plans in triplicate drawn
to scale, showing the actual dimensions and shape of the lot to be
built upon; the exact sizes and locations on the lot of buildings
already existing, if any; and the location and dimensions of the proposed building or alteration. The ap plication shall include such
other information as lawfully may be required by the Administrative
Official, including existing or proposed building or alteration;
existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed
to accomodate; conditions existing on the lot; and such other matters
as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance.
One copy of the plans shall be returned to the applicant by the
.Administrative Official, after he shall have marked such copy either
as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked,
shall be retained by the Administrative Official.
4.Certificates of Zoning Compliance for New, Altered, or Non
Conforming Uses -It shall be unlawful to use o:c occupy or permit the
use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or pa.rtly altered or enlarged in its use or structure until a Certificate of
Zoning Compliance shall have been issued therefor by the Administra
tive Official stating that the proposed use of the building or land
conforms to the requirements of this Ordinance.
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No non-conforming structure or use shall be maintained, renewed,
changed, or extended until a Certificate of Zoning Compliance shall
have been issued by the Administrative Official, The Certificate of
Z oning Compliance shall state specifically wherein the non-conforming
use differs from the provisions of this Ordinance, provided that upon
enactment or amendment of this Ordinance, owners or occupants of nonconforming uses or structures shall have three months to apply for
C ertificates of Zoning Compliance. Failure to make such application
within three months shall be presumptive evidence that the property
was in conforming use at the time of enactment or amendment of this
Ordinance.
No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a
Certificate of Zoning Compliance, and the certificate shall be issued
in conformity with the provision s of this Ordinance upon completion
of the work.
A Temporary Certificate of Zoning Compliance may be issued by the Administrative 0fficial for a period not exceeding six months
during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may include such
conditions and safeguards as wi ll protect the safety of the occupants and the public.
The Administrative Official shall maintain a record of all Cer
tificates of Zoning Compliance, and a copy shall be furnished upon
request to any person.
Failure to obtain a Certificate of Zoning Compliance shall be
a violation of this Ordinance and punishable under Section 18 of this Ordinance.
5.Expiration of Building Permit -If the 1-rork described in
any building permit has not begun within 90 days from the date of
issuance thereof, said permit shall expire; it shall be cancelled by the Administrative Official; and written notice thereof shall be
given to the persons affected.
If the work described in any building permit has not been sub
stantially completed within two years of the date of issuance thereof,
said permit shall expire and be cancelled by the Administrative
Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
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6.
Parking
Temporary Certificate of Zoning Compliance -
a.In addition to the Certificate of Zoning Compliance
called for in Section 9 above, a Temporary Certifi
cate of Zoning Compliance shall be required before
the following temporary uses can be permitted in the
district or districts indicated:
Ratio Temporary Use District ---
none Auction Sales R, C, M
none Automobile Parking lot: for special
event
R
none Batching plant, portland cement, con
crete, non-commercial
C
1/500 sq. ft. Carnival or circus c, M
none Christmas trees and wreaths, retail R
none
none
b.
c.
d.
Construction building and/or yard
Retail and wholesale of agricultural products not raised on the premises and
sold from vehicles parked off-street, not over 500 square feet of retail and
wholesale storage and sales area
R, C, M
R, C
A Temporary Certificate of Zoning Compliance is an exception to the Zoning Ordinance and allowable where
the facts and conditions prescribed in the Ordinance as those upon 1·rhich a Temporary Certificate of Zoning Compliance may be granted are determined by the Board
of Adjustment to exist.
The applicant, in applying to the Board of Adjustment
for a Temporary Certificate of Zoning Compliance,
shall simply demonstrate that he meets the requirements of the particular use and district and need not show unnecessary ha rdship.
The Administrative Official shall not issue a Certi
ficate of Zoning Compliance for such uses that are hereafter created, changed, converted, or enlarged,
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h.
either wholly or in part, until a Temporary Certifi
cate of Zoning Compliance has been obtained from the
Board of Adjustment in accordance with the Exceptions
Procedures set forth in Section 1.1, paragraph 2 (a).
The purpose of the regulations described in this sub
section is to allow the proper integration into the
City of uses which may be suitable only in specific
locations in a Zoning District and only for limited
periods of time.
Application for a Temporary Certificate of Zoning
Compliance shall be made by the property owner or
certified agent thereof to the Board of Adjustment
on forms prescribed for this purpose by the City Council. Such application shall be accompanied by
a plan as set forth in Section 9, Temporary Certificate of Zoning Compliance, revocable, conditional and valid for a term period not to exceed 6 months,
may be issued by the Board of Adjustment for any of
the uses or pu rposes for which such permits are re
quired or permitted by the terms of this Ordinance. Granting of a Temporary Certificate of Zoning Com
pliance does not exempt the applicant from complying with the requirements of the Building Code or other
ordinances.
The fee to cover administrative costs of a Temporary
Certificate of Zoning Compliance application shall
be as established by the City Council.
In considering any application for a Temporary Cer
tificate of Zoning Compliance, the Board of Adjustment shall give due regard to the nature and condition of all adjacent uses and structures. The Board of Adjustment may deny an application for a Temporary
Certificate of Zoning Compliance, and, in granting
or renewing a Temporary Certificate of Zoning Com
pliance, the Board of Adjustment may impose such requirements and conditions with respect to location,
construction, maintenance, and operation, in addition
to those expressly stipulated in this Ordinance for
the particular use, as they may deem necessary for
the protection of adjacent properties, and the public interest.
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7.
Parking
Ratio
none
1/3 seats
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Provided that the Board of Adjustment finds (1) That
the proposed structure or use conforms to the require
ments and intent of this Ordinance and the Comprehen
sive Plan, (2) That any additional conditions stipu
lated by the Board of Adjustment as deemed necessary
in the public interest have been met, and (3) That such
use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the
public welfare of the community, the Board of Adjustment shall issue a Temporary Certificate of Zoning
Compliance therefor.
Following the issuance of a Temporary Certificate of
Zoning Compliance by the Board of Adjustment, the Administratiie · Official shall issue a Certificate of Zoning
Compliance, as provided in Section 9 above, and shall
ensure that development is undertaken and completed in compliance with said permits.
Specific Use Permits -
a.In addition to the Certificate of Zoning Compliance
called for in Section 9 above, a Specific Use Permit
shall be required before the following specifi c uses
can be permitted in the district or districts indicated:
Specific Use District
Cemetery or mauseleum R
Church or other place of worship in-R
eluding parish houses and Sunday Schools but excluding missions or temporary re
vivals
1/200 sq. ft. City, County, State and Federal govt. R
1/400 sq. ft.
none
none
administrative buildings
City fire and police station R
City, County, State and Federal govt. R garage, maintenance yard, or similar govt, establishment
Concession stand within a park, play-R ground or playfield
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Parking
Ratio --
none
1/400 sq. ft.
1/400 sq. ft.
none
1/3 beds
1/3 beds
none
1/400 sq. ft.
none
1/3 beds
1/1.5 emp.
1/1.5 emp.
1/200 sq, ft.
Speci fic Use
Earth moving and excavation s. depo·si ting
of construction materials, clay, earth, gravel, minerals, rock, sand, or stone
on the ground
Electrical substation
Gas Compressor or regulator station
Golf course, but not including commer
cial golf games or amusement
Institution, correctional, detention,
penal or for use of insane, feeble
minded, alcoholic or narcotic patients
on a minimum site of 15 acres
Institution for_children and aged; non
profit
Mining, including exploration for or
production of gas or oil; extraction
of clay, gravel or sand; quarrying of rock or stone
Public library or museum
Radio or television broadcasting trans
mitter or tower, microwave or relay
tower
Sanitorium on a site of 10 acres or
more
Schools; elementary, high, college and
universities, public, private or denominational
School nursery, kindergarten, or day
care for children
Shopping center on a site of 5 acres or more
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District
In any
District
R
R
R
R
R
In any
District
R
In any
District
R
In any
District
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Parking Ratio
1/400 sq. ft.
b.
c.
d.
e.
f.
g.
Specific Use
Telephone exchange, but not including
garage shop or services
District
R
A Specific Use Permit is an amendment to the district
regulations of the Zoning Ordinance that permits the
permanent establishment of a specific use within a
zoning district in which such specific use may be es
tablished.
The Administrative Official shall not issue a Certifi
cate of Zoning Compliance for such uses that are here
after created, changed, converted or enlarged, either
wholly or j_n part, until a Specific Use Permit has been
obtained in accordance with the Amendment Procedures
set forth in Section 15.
The purpose of the regulations described in this su b
section is to allow the proper integration into the City of uses which may be suitable only in specific
locations in a �oning district.
Application for a Specific Use Permit shall be made
by the property owner or certified agent thereof to the Planning Commission on forms prescribed for this
purpose by the City Council. Such application shall
be accompanied by a plan as set forth in Section 9.
Specific Use Permits, revocable, conditional or valid
for a term period may be issued for any of the uses or purposes for which such per mi ts are required or
permitted by the terms of this O,rdinance. Granting of a Specific Use Permit does not exempt the appli
cant from complying with the requirements of the Building Code or other ordinances.
The fee to cover aruninistrative and processing costs of a Specific Use Permit application shall be as
established by the City Council.
In considering any application for a Specific Use
Permit, the Planning Commission shall give due regard
to the nature and condition of all adjacent uses
and structures. The Planning Commission may recommend disapproval of an application for a Specific Use Permit,
and, in recommending approval of a Specific Use Permit,
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the Planning Commission may impose such requirements
and conditions with respect to location, construction,
maintenance and operation, in addition to the regulations of the district in which the particular use is
located, as they may deem necessary for the protection
of adjacent properties and public interest.
Provided that the Planning Commission finds:
(1)That the proposed structure or use conforms to
the requirements and intent of this Ordinanceand the Comprehensive Plan of the City;
(2)That any additional conditions stipulated by thePlanning Commission as deemed necessary in the
public interest have been met; and
(3)That such use will not under the circumstances of
the particular case constitute a nuisance or be
detrimental to the public welfare of the community;
the Planning Commission shall make a favorable recommendation in behalf of the application to the City
Council.
i.Every Specific Use Permit granted by the City Council
shall be co ns idered as an amendment to the Zoning Ordinance as applicable to such property. In granting
such permit the City Council may impose conditions
which shall be complied with by the grantee before aCertificate of Zoning Compliance may be issued by the Administrative Official for the use of the buildings on such
property pursuant to said Specific Use Permit; and such
conditions shall not be construed as conditions pre-
cedent to the granting of the Specific Use Permit; butshall be construed as conditions precedent to the
granting of the Certificate of Zoning Compliance.
j.Following the passage of a Specific Use Permit Ordinance
by the City Council, the Administrative Official shallissue a Certificate of Zoning Compliance, as provided
in Section 9 above, and shall insure that development
is undertaken and completed with said permits.
8.Construction and Use To Be as Provided in Applications,
Plans, Permits, and Certificates of Zoning Compliance -Building per
mits or certificates of Zo ning Co mpliance issued on the basis of plans
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and applications approved by the Ad ministrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized
shall be deemed violation of this O rdinance, and punishable as provided by Section 18 hereof.
SECTIO N 10. BOARD OF ADJUSTMENT: ESTABLISHMENT AND PRO CEDURE
A Board of Adjustment is hereby established, which shall consist
of five members to be appointed by the City Council, each for a term
of three years. Members of the Board of Adjustment may be removed
from office by the City Council for cause upon written charges and
after public hearing. Vacancies shall be filled by resolution of the
City Council for the unexpired term of the member affected.
1.Proceedings of the Board of Adjustment -The Board of Ad
justment shall adopt rules necessary to the conduct of its affairs
and in keeping with the provisions of this Ordinance. Meetings shall
be held at the call of the Chairman and at such other times as the Board may determi ne. The Chairman, or in his absence the Ac ting
chairman, may administer oaths and compel the attendance of witnesses.
All meetings shall be open to the public.
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 other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
2.Hearings; Appeals; Notice -Appeals to the Board of Adjust
ment concernin g interpretation or administration of this Ordinance
may be taken by any person aggrieved or by any officer or bureau of the governing body of the Ci ty affected by any decision of the Administrative Official. Such appeals shall be taken within a reason
able time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board, by filing with the Administrative
Official and with the Board of Adjustment a notice of appeal specify
ing the grounds thereof. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
The Board of Adjustment shall fix a reasonabl e time for the
hearing of appeal, give public notice thereof as well as due notice
to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or
attorney.
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3, Stay of Proceedings -An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative
,fficial from whom the appeal is taken certifies to the Board of
Adjustment after the notice of appeal is filed with him, that by
reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life and property. In such case
proceedings shall not be stayed other than by a restraining order
which may be granted by the Board of Adjustment or by a court of
record on application, on notice to the Ad ministrative Official
from whom the appeal is taken and on due cause shown.
SECTION 11. THE BOARD OF ADJUSTMENT: POWERS AND DUTIES
The Board of Adjustment shall have the following powers and
duties:
1.Administrative Review -To hear and decide appeals where
it is alleged there is error in any order, requirement, deci sion,
or determination made by the Administrative Qfficial in the enforce
ment of this Ordinance.
2.Special Exceptions: Conditions Governing Applications;
Procedures -To hear and decide only such special exceptions as the
Board of Adjustment is specifically authorized to pass on by the terms of this Ordinance; to decide such questions as are involved
in determining whether special exceptions should be granted; and
to grant special exceptions with such conditions and safeguards as
are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this Ordinance.
A special exception shall not be granted by the Board of Adjustment unless and until:
a.
b.
c.
A written application for a special exception is
submitted indicating the section of this O·rdinance under which the special exception is sought and
stating the grounds on which it is requested;
Notice shall be given at least 15 days in advance
of public hearing. The owner of the property for
which special exception is sought or his agent shall be notified by mail. Notice of such hearings shall
be posted on the property for which special exception is sought, at the City Hall, and in one other public
place at least 15 days prior to the public hearing;
The public hearing shall be held. Any party may appear
in person, or by agent br attorney;
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d.
e.
The Board of Adjustment shall make a finding that
it is empowered under the section of this Ordinance
described in the applicati on to grant the speci al
exception, and that the granting of the special
exception will not adversely affect the public in
terest.
Before any special exception shall issue, the Board
shall made written findings certifying compliance
with the specific rules governing individual special
exceptions and that satisfacto ry provision and arrange
ment has been made concerning the following, where applicable:
(1)ingress and egress to property and proposed
structures thereon with particular reference
to automotive and pedestrian safety and con
venience, traffic flow and control, and accessin case of fire and catastrophe;
(2)off-street parking and loading areas where re
quired, with particular attention to the items
in (1) above and the economic, noise, glare, or
odor effects of the special exception on adjoining properties and properties generally in
the district;
(3)refuse and service areas, with particular re
ference to the items in (1) and (2) above;
(4)utilities, with reference to locations, avail
ability, and compatibility;
(5)screening and buffering with reference to type,
dimensions, and character;
(6)signs, if any, and proposed exterior lighting
with reference to glare, traffic safety, econo
mic effect, and compatibility and harmony with
properties in the district;
(7)required yards and other open space;
(8)general compatibility with adjacent properties
and other property in the district.
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3, Variances; Conditions Governing Applications; Procedures -
To authorize upon appeal in specific cases such variance from the
terms of this Ord inance as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the pro
visions of this Ordinance would result in unnecessary hardship. A variance from the terms of this Ordinance shall not be granted by the Board of Adjustment unless and until:
a.
b.
c.
d.
A written application for a variance is submitted demonstrating:
(1)That special conditions and circumstances exist
which are · peculiar to the land, structure, or
building involved and which are not applicableto other lands, structures, or buildings in the
same district;
(2)That literal interpretation of the provisions
of this Ordinance would deprive the applicant
of rights commonly enjoyed by other propertiesin the same district under the terms of this
Ordinance;
(3)That the special conditions and circumstances do
not result from the actions of the applicant;
(4)That granting the variance request will not con
fer on the applicant any special privilege that
is denied by this Ordinance to other lands,structures, or buildings in the same district,
No non-conforming use of neighboring land, structures, or buildings in the same district, and no permitted
or non-c onforming use of lands, structures, or build
ings in other district s shall be considered grounds for
the issuance of a variance.
Notice of public hearing shall be given as in sub
section 2 (b) above;
The public hearing shall be held. Any party may appear in person, or by agent or by attorney;
The Board of Adjustment shall make finds that the requirements of Section 11 (3)(a) have been met by
the applicant for a variance;
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The Board of Adjustment shall further make a finding
that the reasons set forth in the application justify
the granting of a variance, and that the variance is
the minimum variance that will make possible the rea
sonable use of the land, building, or structure;
The Board of Adjustment shall further make a finding
that the granting of the variance will be in harmony
with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood, or
othenrise detrimental to the public welfare.
In granting any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be
deemed a violation of this Ordinance and punishable under Section 18
of this Ordinance.
Under no circumstances shall be Board of Adjustment grant a
variance to allow a use not permissible under the terms of this
Ordinance in the district involved, or any use expressly or by im
plication prohibited by the terms of this Ordinance in said district.
4, Board Has Powers of Administrative Official on Appeals;
Reversing Decision of Administrative Official -In exercising the above mentioned powers, the Board of Adjustment may, so long as such
action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, re
quirement, decision, or determination as ought to be made, and to
that end shall have the powers of the Ad ministrative Of ficial from whom the appeal is taken.
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination
of the Administrative Of ficial, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variance in the application of this Ordinance.
SECTION 12. APPEALS FROM THE BOARD OF ADJUSTMENT
Any person or persons, or any board, taxpayer, department, board,
or bureau of the City aggrieved by any decision of the Board of Ad justment may seek revie,·r by a court of record of such decision, in the
manner provided by the laws of the State and particularly by Chapter State Statutes.
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SECTION 13. DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTMENT,
CITY COUNCIL, AND COURTS ON MATTERS OF APPEAL
It is the intent of this Ordinance that all questions of inter
pretation and enforcement shall be first presented to the Administra
tive Official, and that such questions shall be presented to the Board
of Adjustment only on appeal from the decision of the Administrative Official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by
Chapter ___ , State Statutes.
It is further the intent of this Ordinance that the duties of
the City Council in connection with this Ordinance shall not include
hearing and deciding questions of interpretation and enforcement that
may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance the City Council shall have only the duties (1) of considering and adopting
or rejecting proposed amendments or the repeal of this Ordinance, as
provided by la1•/-, and (2) of establishing a schedule of fees and charges
as stated in Section 14, below.
SECTION 14. SCHEDULE OF FEES, CHARGES, AND EXPENSES
The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for Building Bermits, Certi
ficates of Zoning Compliance, appeals, and other matters pertaining
to this Ordinance. The schedule of fees shall be posted in the office
of the Administrative Official, and may be altered or amended only by
the City Council.
Until all applicable fees, charges, and expenses have been paid
in full, no action shall be taken on any application or appeal.
SECTION 15, AMENDMENT S
The regulations, restrictions, and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed, or
repealed, provided however that no such action may be taken until after a public hearing in relation thereto, at which parties in
interest and citizens shall have an opportunity to be heard. At
least 15 days' notice of the time and place of such hearing shall be
published in a newspaper of general circulation in the eity.
When a proposed amendment affects the zoning classification of
property, and in case a protest against such change is signed by the
owners of 20 per cent or more either of the area of lots included in
such proposed change, or of those immediately adjacent in the rear
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thereof extending feet therefrom, or of those directly opposite
thereto extending --feet from the street frontage of such opposite
lots, then such amendments shall not become effective except by the favorable vote of three-fourths of the City Co uncil.
SECTION 16. PROVISI ONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIRE
MENTS
In their interpretation and application, the provisions of this 0,rdinance shall be held to be minimum requirements, adopted for the promotion of public health, safety, morals, or general welfare,
Wherever the requirements of this O .rdinance are at variance with the
requirements of any other lawfully adopted rules, regulations, or
dinances, deed restrictions, or covenants, the most restrictive or
that imposing the higher standards, shall govern.
SECTION 17. COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this O rdinance occurs or is alleged to
have occurred, any person may file a written complaint. Such com
plaint stating fully the causes and basis thereof shall be filed
with the Administrative Official. He shall record properly such
complaint, immediately investigate, and take action thereon as pro
vided by this Ordinance.
SECTION 18. PENALTIES FOR VIOLATION
Violation of the provisions of this O,rdinance or failure to
comply with any of its requirements (including violations of condi
tio ns and safeguards established in connection with grants of vari
ance or special exceptions) shall con stitute a misdemeanor. Any
person who violates this Ordinance or fails to comply with any of
its requirements shall upon conviction thereof be fined not more
than $100 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or
part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains
such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the C ity from taking such other lawful action as is necessary to prevent or remedy any violation.
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SECTION 19. SEPARABILITY CLAUSE
Should any section or provision of this o,rdinance be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Ordinance as a whole, or any part
thereof other than the part so declared to be unconstitutional or invalid.
SECTION 20. REP EAL OF CONFLICTING ORDINANCES; EFFECTIVE DATE
All ordinances or parts of ordinances in conflict with this
Zoning O rdinance, or inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this
ordinance full force and effect. This Ordinance shall become
effective on (date).
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PROPOSED ZONING ORDINANCE
R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT
R-2 (MULTIPLE-FAMILY RESIDENTIAL) DISTRICT
C-1 (RET AIL BUSINESS ) DISTRICT
M-1 (LIGHT INDUSTRY) DISTRICT
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PR OPOSED SCHEDULE OF DISTRICT REGULATIONS
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R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT
Purpose
This district consists mainly of areas containing single-family
dwellings and of open spaces where single-fa mily development appea rs
desirable. In addition to the general purposes a pplying to all re
sidential districts, the regulations of District R-1 are designed to encourage the provision of single-family detached dwellings in low density residential a re a s with a minimum lot area of 9,000 squa re
feet.
l.
2. 3, 4.
Minimum requirements for lot area , width, a nd set-ba ck.
Lot Set-back
Area Lot Width Front Re a r Side
On Residentia l and Collector Streets
9,000 SF 75 I 25'a 25 7½:b
On M a jor Thoroughfa res
9,000 SF 75' 35'a 25 1 7½1 C
Note a : May be 20' where lot depth is less tha n 105' if a pproved
by the Planning Commission.
Note b : Shall be 15' where siding street.
Note c: Shall be 25' where siding thoroughfare.
See Section 8 for Supplementa ry District Regulations, Exceptions
and Pa rking Requirements a pplying to the R-1 District.
See Section 9 for Temporary Certificate of Zoning Compliance
tha t ma y be gr a nted by the Boa rd of Adjustment and Specific Use
Fermi ts that ma y be recommended by the Ci.ty Planning Commission
within the R-1 District under certain circumstances and conditions.
Permitted Uses and Pa rking Requirements
Permitted Uses
A single-fa mil y dwelling unit
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Pa rking
Ratio
1/unit
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5.
Permitted Uses
Parking Ratio
Accessory building; servants quarters, garage or
car port, domestic storage
none
Field crops, horticulture, nursery, truck gardening, but not including retail sales on the premises
none
Golf course, but not including commercial golf
games, or amusement
none
Public park, playground or playfield
Swimming pool, private
Tract offices and construction buildings which
shall be removed upon completion or abandonment
of construction work
Home occupations; any occupation that is customarily
carried on at home that does not involve a structur
al change in the dwelling unit or in a building accessory to the dwelling unit, that does not require
the employment of help other than members of the
immediate family, the installation of equipment or
electric motors exceeding a total limitation of 3 horsepower per dwelling unit, provided however that
the following uses shall not be permitted as customary home occupations:
Any building in which chattels or goods, wares or merchandise are commercially created, changed, repaired, exchanged or sold; Barber or beauty
shops; Beauty culture schools; Commercial stables
or kennels; Doctor I s office for the treatment of
patients; and/or the display of goods.
Height Regulations
none
none
none
No building shall exceed 35 feet or 2½ stories in height.
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R-2 (MUL TIPLE-FAMILY RESIDENTIAL) DISTRICT
Purpose
This district consists m a inly of a rea s which conta in some two-f a mily
or multiple-family development or which a re centr a lly located or
suitable for ultimate two-fa mily or multiple-f a mily development. In
a ddition to the genera l purposes applying to a ll residential distr1_cts,
the regulations of District R-2 are designed to encoura ge the provision of conveniently loc a ted, centra lly m a intained renta l a ccomoda
tions.
l.Minimum requirements for lot a rea, width a nd set-back.
Single
Family
Lot
Area
or Two-9,000 SF
Fa mily Dwelling
9,000 SF
Multiple-
Fa mily Dwelling 9,000 SF
9,000 SF
Set-back Lot Width Front Rear
On Residenti a l and Collector Streets
75' 25'a 25'
On Ma jor Thoroughfa res
75 35'a 25'
On Residentia l a nd Collector Streets
75' 25'a 15'
On Ma jor Thoroughf a res
75' 35'a 15 !
Side
7½'b
7½:C
7½'b
7½'c
Note a: M a y be 20 1 where lot depth is less th a n 105' if a pproved
2.
3.
by the Pl a nning Commission.
Note b: Sha ll be 15' where siding street.
Note c: Sha ll be 25' where siding thoroughfa re.
See Section 8 for Supplementa ry District Regulations, Exceptions
a nd Parking Requirements applying to the R-2 District.
See Section 9 for Tempor a ry Certifica te of Zoning Compli a nce th at
m a y be gra nted by the Board of Adjustment a nd Specific Use Permits
that ma y be recommended by the City Pla nning Commission within the R-2 District under cert a in circumstances a nd conditions.
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4.Permitted Uses and Parking Requirements
Permitted Uses
Any use permitted in the R-1 District
Duplex (two-family dwelling)
An apartment house, or housing project
Hospital; general, not including animal
Rooming, boarding house, and/or tourist home
Parking
Ratio
1/unit
1½/unit
1./3 beds
1/unit
5.Other Required Conditions
a.
b.
c.
d.
e.
Site Plan. Where new dwelling construction or· additions to an existing building in any district provide dwelling
units for more than two families on a single lot or tract
of land, a site plan shall be submitted to and approved by the Administrative Official prior to the issuance of a
Zoning Permit.
The total floor area of any building or buildings on a lot
in the R-2 District shall not exceed 60 percent of the
total number of square feet in the lot.
Maximum Lot Coverage. The total gross area of the first
floor of all main buildings measured from the exterior
faces of exterior walls shall not exceed 35 per cent of
the gross area of the lot or tract of land.
Density. In the R-2 District, multiple-family dwellings
may be constructed on any lot provided that:
The minimum land area per family unit is not less
than 1,500 square feet. The maximum number of dwell
ing units allowable on any lot where multiple-family
dwelling units are permitted shall be determined by dividing the total number of square feet in the lot
by 1,500.
Servants Q,uarters. When servants quarters are provided
in districts where more than one dwelling unit is permitted,
the servants quarters together with the total number of
dwelling units on the lot or tract of land shall not exceed
the total number of dwelling units permitted.
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6.
f.Height Regulations. No building shall exceed 35 feet or2½ stories in height.
Minimum Lot Requirements for Townhouse Subdivision
Lot
Area Lot Width Front
Set-back
Rear Side
2,500 SF 25'f a,d a b,c,e
Note a: Building set-back lines of 25 feet shall be required on
all lots fronting or backing on an access street.
Note b: Building set-back lines of 15 feet shall be required on
all lots siding on access streets or upon a plat boundary.
Note c: No building lines shall be required on the sides of lots
abutting interior streets, except where traffic safety or other factors necessitate the establishment of such
set-back.
Note d: Where townhouse lots and dwelling units are designed to
face upon an open or common access court rather than
upon a public street, said open or ·common court shall
be at least forty (40) feet wide and not more than two hundred (200) feet long, measured from the public street upon which the court must open. Said court may not in
clude vehicular drives or parking area in front of dwelling units.
Note e: Dwelling uni ts shall be constructed up to side lot lines
without side yards and windows shall not face a side lot line unless the side wall of the dwelling unit is at
least 10 feet fro m the side lot line.
Note f: Lot size may be reduced under the provision that open
space, as de fined herein, �e dedicated according to the
following schedule:
For every 100 feet of open space per lot provided, the
minimum lot area may be reduced by 200 square feet and
the width of the lot by two feet. No lot shall, however, have a lot area of less than 2,000 square feet or
a width of less than 20 feet.
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(example)
Open Space Minimum Minimum
Per Dwelling Unit Lot Area Lot Width
0 square feet 2,500 square feet 25 feet
100 square feet 2,300 square feet 23 feet
200 square feet 2,100 square feet 21.feet250 square feet 2,000 square feet 20 feet
The dedication, the location, and the use of open space shall
in all cases be subject to the approval of the Friendswood
City Planning Commission. 63
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C-1 (RETAIL BUSINESS) DISTRICT
Purpose
This district consists m a inly of la nd occupied by or suita ble for
neighborhood shopping fa cilities for the reta iling of "convenience
goods'' and the furnishing of certain person a l services to satisfy
most of the daily needs of the a dj a cent residentia l neighborh ood.
The district a lso provides space a nd facilities for fina nci a l, a dministr a tive, government a nd business services within the Centra l
Business District.
1.Minimum requirements for lot a rea, width a nd set-back.
Lot Set-back
Area Lot Width Front Re a r Side
C-1 5,000 SF 50' 30' O'a 0,b,c
Excep-2,500 SF 25 I 30' O'a 0,b,c
tions, Centr a l
Business District
2.
3.
Note a : Shall be 15' where a butting an R District.
Note b: Shall be 30 1 where siding a street or thoroughfa re.
Note c: Sh a ll be 6' for one story building and 8 1 for a two
a.
story building abutting a R District.
Residentia l development within the C-1. District. The lot area, lot width, density and set-back regula tions for re
sidential structures within the C-1 District sha ll be the
s a me as those in the R-2 District.
See Section 8 for Supplementary District Regulations, Exceptions
a nd Parking Requirements a pplying to the C-1 District.
See Section 9 for Tempor a ry Certifica te of Zoning Compli ance tha t
m a y be gra nted by the Boa rd of Adjustment a nd Specific Use Permits
th a t ma y be recommended by the City Pla nning Commission within
the C-1 District under certain circumsta nces a nd conditions.
4.Permitted Uses a nd Parking Requirements
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Perm itted Uses
Any use permitted in an R District
Ambulance service
Art, supply store, antiques, gallery or museum
Auditorium, arena, coliseum, or theater
Automobile, accessory and supply store
Automobile service station
Automobile parking lot or garage
Automobile repair, rental or taxi storage
Automobile sales, new or used
Bakery retail
Bank, loan company
Barber shop or beauty parlor
Blue printing and similar reproduction processes
Book store or lending library commercial
Business machines, sales/service
Bus station
Camera or photographic supplies store
Candy, nut, confectionery store
Caterer
Christmas trees and wreathes
Clinic or office, medical
Clothing including formal wear and costumes
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Parking
Ratio
1/1.5 emp.
1/200 sq. ft.
1/3 seats
1/200 sq. ft.
none
none
none
none
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/400 sq. ft.
none
1/200 sq. ft.
1/200 sq. ft,
1/200 sq. ft.
none
1/200 sq. ft.
1/200 sq, ft.
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Permitted Uses
Club or lodge
Department store
Drug s tores
Dry cleaning, package plant, or pickup station
Eating place enclosed
Floor covering sales retail
Florist shop, greenhouse (Parking requirement
does not include greenhouse or open stock)
Food or grocery store retail
Food locker plant for consumer use
Funeral home or mortuary
Furniture, appliances and custom upholstery
Fur shop or hat shop
Gift, novelty shop
Hardward store and small tool rental, but not
including sales of lumber or industrial hardware
Hobby shop or supply store
Hotel
Ice vending establishment
Institution non-residential
Jewelry store
Laboratory, medical or dental
Laundry, package plant, pickup station or selfservice
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Parking
Ratio
1/400 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/400 sq. ft.
1/400 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/3 seats
1/400 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
1/2 units
none
1/400 sq. ft.
1/200 sq. ft.
1/400 sq. ft.
1/200 sq. ft.
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Permitted Uses
Loan office or pawn shop
Locksmith or key shop
Manufacturing of baked goods, candy, delicatessan
fools and ice cream
Motel
Music store, phonograph records retail sales
Newspaper distribution station
Office, any type
Optical goods, optician, optometrist
Orthopedic or medical shoe or appliance store and repair
Parking Ratio
1/200 sq. ft.
1/200 sq. ft.
1/400 sq. ft.
1/unit
1/400 sq. ft.
none
1/400 sq. ft.
1/200 sq. ft.
1/400 sq. ft.
Paint and wallpaper store or decorators shop 1/200 sq. ft.
Pet shop 1/200 sq. ft.
Photographic, studio or store and photo processing 1/200 sq. ft.
Physical culture and health studios 1/200 sq. ft.
Plumbing fixture sales retail 1/400 sq, ft.
Post Office 1/200 sq. ft.
Radio, television or recording studio 1/200 sq. ft.
Rehabilitation center for handicapped persons 1/1.5 emp.
Rental, repair or servicing of articles whose sale 1/200 sq. ft.
is permitted in the same district, unless more
specifically listed elsewhere
School, commercial or trade, when not involving any 1/400 sq. ft.
danger of fire or explosion or offensive noise,
vibration, dust, odor, glare, heat or other objec-tionable influences
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Permitted Uses
Second hand store or rummage shop
Sewing machine sales retail
Shoe repair shop or store
Sign business; illuminated or non-illuminated, not
to exceed 50 square feet in area and 25 feet in
height which directs attention to a commodity or
service conducted, sold, or offered upon the same
lot
Parking
Ratio --
1/200 sq. ft.
1/200 sq. ft.
1/200 sq. ft.
none
Sporting goods store 1/200 sq. ft.
Stationery store 1/200 sq. ft.
Storage of goods or merchandise, used in, produced 1/1000 sq. ft.
by or normally carried in stock in conjunction with
permitted uses in the applicable district regulations
Studio for professional work or for teaching any 1/400 sq. ft.
form of fine arts, photography, music, drama, etc.
Swimming pool commercial 1/200 sq. ft.
Tailor shop seamstress, altering and repairing of 1/400 sq. ft.
wearing apparel
Taxidermist 1/400 sq. ft.
Telephone answering service 1/200 sq. ft.
Telephone exchange, garage, shop or service 1/400 sq. ft.
Toy stores 1/200 sq. ft.
Veterinarian, indoor soundproof kennels only 1/400 sq. ft.
Watch repair 1/200 sq. ft.
Wholesale office with storage limited to samples 1/400 sq. ft.
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5.Other Required Conditions
a.A site plan shall be submitted to and approved by theAdministrative Official prior to the issuance of a
Certificate of Zoning Compliance for new construction
or additions to an existing building or structure for
commercial uses within the C-1 District.
b.Height Regulations. No building shall exceed 35 feet
or 2½ stories in height.
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M-1 (LIGHT INDUSTRY) DISTRICT
Purpose
Light industry use districts are designed to provide land for a wide
range of commercial and industrial activities subject to limitations
intended to protect nearby residential and commercia l districts a nd to protect the permitted uses from one a nother. The M-1 District
consists mainly of areas occupied by or suitab le for manufacturing, wholesale a nd other industrial activities, all of a non-nuisance type.
1.Minimum requirements for lot are a , width and set-back.
2.
3,
4.
Lot Set-b ack
Area Lot Width Front Rear Side
10,000 SF 100 1 25 I O'a O'b
Note a: Shall be 20' where abutting a n R District.
Note b: Shall be 15 1 where siding street and 25' where siding thoroughfare.
See Section 8 for Supplementary Regulations a nd Exceptions a nd
Parking Requirements applying to the M-1 District.
See Section 9 for Temporary Certificate of Zoning Compliance
tha t may be granted by the Board of Adjustment a nd Specific Use Permits that may be recommended by the City Planning Commission
within the M-1 Distr:i.ct under certain circumstances and condi
tions.
Parking Regul a tions and Permitted Uses
a.If a use that is permitted in the C-1 District is established in the M-1 District, the parking requirements for
th a t use shall be the same as required for that particul a r
use in the district in which the use is specifically permitted.
b.In the M-1 District, manufa cturing, industrial, and processing establishments, repair shops, warehouses, andstorage buil dings, in a ddition to providing off-street
facilities for the loading and unloading of merch a ndise
and goods, shall provide one off-street parking space for
e a ch 1,000 squa re feet of genera l floor space, and o�eoff-street p arking spa ce for e a ch 400 square feet of officefloor space.
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c.In the M-1 District, no land shall be used and no building
shall be erected for or converted to any use other than:
Permitted Uses
Any use permitted in the C-1 District except that no building
shall be erected or converted for dwelling purposes, provided,
however, that dwelling quarters may be established in connection
with any industrial plant for watchmen and caretakers employed
on the premises and provided further that any exi.sti.ng dwelling
within the M-1 District may be repaired or altered
Advertising displays manufacture
Automobiles, motorcycles, trucks or trailers, including parts, or rebuilding of engines
Baseball park, commercial
Batching or mixing plant, Portland cement, concrete, mortar or plaster, commercial
Bait store, live
Boats, building or repair
Books, binding, other than hand binding
Bottling works, for all beverages
Brooms and brushes
Cameras or other photographic equipment and film
Carpets manufacture and cleaning
Ceramics, stone, glass, -marble, and porcelain products
Electrical appliances, equipment assembly, supplies, or similar
products including electrical machinery
Electrical power generating station
Food products, not including meat products or fish products, the slaughtering and/or preparation thereof
Furniture and upholstery
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Permitted Uses
Heavy equipment, storage,repair and sales > earth moving
Ice, dry or natural
Junk handling or storage, enclosed by an opaque wall or fence
8 feet in height, including automobile wrecking, salvaging, and assembly of iron, rags and similar materials
Jute, hemp, sisal or oakwn products
Laundry plant
Machines, business, including typewriter, accounting machines, calculators, card-counting equipment, or similar products
Machinery, miscellaneous, including repairs
Machine tools, including metal lathes, met.al presses, metal
stamping machines, woodworking machines, or similar products
Mattresses, including rebuilding or renovating
Musical instruments, including pianos or organs
Orthopedic or medical appliances, including artificial limbs, braces, supports, stretchers or similar products
Paper products, i.nclu.ding envelopes, stationery, bags, boxes,
shipping containers, bulk goods, tubes, wallpaper printing, or
similar products
Pharmaceutical products
School, commercial or trade
Sporting or athletic equipment
Steel products, miscellaneous fabrication or assembly
Textiles,. spinning, weaving, manufacturing, dyeing, bleaching,
printing, knit goods, yarn, thread or cordage
Tires, recapping or vulcanizing shop
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5.
Permitted Uses
Tools or hardware, including bolts, nuts, screws, doorknobs,
drills, hand tools or cutlery, hinges, house hardware, locks,
non-ferrous metal castings, plumbing appliances, or similar
products
Toys and novelty products
Vehicles, children's, including bicycles, scooters, wagons,
baby carriages or similar vehicles
Venetian blinds, window shades, or awnings
Other Required Conditions
a.
b.
c.
A site plan shall be submitted to and approved by the
Administrative Official prior to issuance of a Certifi
cate of Zoning Compliance.
The maximum allowable building area in the M-1 District
shall not exceed 75 per cent of the gross area of the lot
or tract of land.
Height Regulation. No structure shall be in excess of 100 feet in height unless set-back from the required yard
lines an additional foot for each 4 feet in height above
100 feet. 73
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PROPOSED RULES FOR LAND SUBDIVISION
PART A -GENERAL SUBDIVISIONS
1 . SUBMITTAL a.Preliminary Approval
b.Final Approval
2.SCHEDULE OF FEESa.Preliminary Plat
b.Final Plat
3.TITLE OF PLAT SHOULD SHOW
4.KEY MAP
5.BOUNDARIES
6.ADJACENT PROPERTY
7.TOPOGRAPHY
8.SPECIAL USES
9.STREETS, ROADS, EASEMENTS --EXISTING OR PROPOSED, AND. ADJACENT
10.STREET NAMES
11.ENGINEERING DATA
12.LOTS
13 . RESERVES
14 . NUMBERING
15.BUILDING LINES
16 . EASEMENTS
17.PARK, PLAYGROUND, AND SCHOOL SITES
18.STAKING PLAT ON GROUND
19.DEDICATIONS AND CERTIFICATIONS
20.RECONSID ERATION OF SUBDIVISION REQUIREMENTS
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PART B - REGULATIONS FOR 11 TOWNHOUSE SUBDIVISION11
1.DEFINITIONS
2.TOWNHOUSE SUBDIVISION REQUIREMENTSa.Streets
b.Building Set-back Lines
c.Lotsd.Utilities
e.Screening Walls
3.TOWNHOUSE SUBDIVISION LIMITATIONS
PART C -FORM OF DEDICATION
1.FORM OF DEDICATION FOR INDIVIDUAL OR INDIVIDUALS
2.FORM OF DEDICATION FOR CORPORATIONS
PART D -REQUIREMENTS FOR FILING AND RECORD PRINTS
1.REQUIREMENTS FOR FI LING
2.RECORD PRINTS
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PART A -GENERAL SUBDIVISIONS
The following is a list of mimmwn subdivision plat require
ments to be complied with prior to the submittal of any plat to the
City Planning Commission for approval. Minimwn may not be acceptable or desirable except under conditions involving unusual hardship.
1.SUBMITTAL
a.PRELIMINARY APPROVAL
(1)Fj_ve (5) prints of the plat to be considered by theCity Planning Commission must be received in the
office of the City Planning Commission no later than
11 a,m. on alternate Mondays the week prior to the
meeting of the Commission.
(2)"Application for Preliminary Approval of SubdivisionPlat" must be completed and submitted with the plat.(These forms are available from the City of Friendswood,
and may be obtained at a cost of $1.00 per copy.)
(3)The owner shall, along with the preliminary plat, submit a certificate or letter from a title guaranty
company or a title attorney indicating a current searchand certifying to at least the following concerning
title to the land: a statement of records examinedand date of examination; description of the property
proposed to be subdivided, including a metes and boundsdescription of the tract; name of the fee owner as of
the date of examination and the date, file number, and
volume and page of the recording of the deed involved;
the name, file nwnber, date of filing, and volume andpage of any lienholders; a general description of any
easements or fee strips granted, along with the file
number, date of filing, and volume and page of recording; and a statement indicating that the plat being
submitted includes all of the continguous land whichthe subdivider owns or has a legal interest in; or inthose instances where the plat is only· a portion of
the land which the subdivider owns or has a legal
interest in, a description of the whole tract whichthe subdivider owns or has a legal interest in shall
be provided.
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2.
b.
(4)Preliminary approval will expire six months after
the approval by the City Planning Commission of the
preliminary plat or of final sections of a prelimi
nary general plan, except that if the subdividershall apply in writing prior to the end of such sixmonth period, stating reasons for needing the extension, this period may be extended for another six
months but not beyond a total of one year.
FINAL APPROVAL
(1)Five (5) prints of the final plat to be consideredby the City Planning Commission and the original
tracing on cloth, in India ink, must be received inthe office of the City Planning Commission no later
than 11 a.m. on alternate Mondays the week prior to
the meeting of the Commission.
(2)Upon request and immediately prior to filing of the
final plat, the letter or title certificate requiredin Item 1-a-(3) shall be brought up to the current
date by a supplementary report from the title guaranty
company or title attorney.
(3)Final a:ppr_oval will expire one year after Planning
Commission action granting approval of any plat unless the :plat has been filed for record, except that
if the subdivider shall apply in writing prior to
the end of such one-year period, stating reasons for
needing the extension, this period may at the discretion of the Commission be extended for anotheryear but not beyond that period.
SCHEDULE OF FEES
Subdivision plats submitted to the City Planning Commission for approval must be accompanied by a check made payable to the City of Friendswood for the amount specified in the following
schedule of fees:
a.PRELIMINARY PLAT
$10 plus 70 cents per lot, plus $2 per acre for ** otheruses.
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3.
4.
5.
b.FINAL PLAT
$5 plus 30 cents per lot, plus $2 per acre for ** other
uses.
** Any land within the boundaries of a plat that is not
divided into normal residential lots, but is intended for
apartments, commercial, industrial, cemeteries, etc.
TITLE OF PLAT SHOULD SHOW:
a.Name of Subdivision. ( Check for duplication)
b.
c.
d.
e.
f.
g.
Legal description of location of subdivision.
Total acreage and total number of lots and blocks.
Name of owner (and address unless given in letter of
transmittal). If owner is a company or corporation, name
of responsible individual such as president or vice presi
dent must be given.
Name of registered engineer or registered public surveyor.
Scale: 1 11 = 100'
North point, north to be at top of sheet if possible.
h.Date, each revision to bear new date.
KEY MAP
Key map shall show relation of subdivision to well-known streets,
and water courses in all directions to a distance of at least one mile. Suggested scale, 1 11 == 1 mile.
BOUNDARIES
a.Ownership boundaries shall be drawn in very heavy lines,
with over-al l dimensions and bearings.
b.Lines outside of boundaries shall be dashed.
c.Provide a tie to a well established point for plats inside
City or to a survey corner if outside the City.
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11 6. 7, 8. 9, ADJACENT PROPERTY
Show name and adjacent boundary location of subdivisions,
streets, easements, pipelines, water courses, etc.; if acreage
show as such.
TOPOGRAPHY
Show water courses and ravines, indicating high bank and width of existing or proposed easements.
SPECIAL USES
Designate any_ sites for schools, churches, parks, sewage disposal plants, water plants, business, industry, or other special
land use. If proposed use if unknown, designate as unrestricted._
STREETS, ROADS, EASEMENTS --EXISTING OR PROPOSED, AND ADJACENT
General: The street pattern of a neighborhood should provide adequate circulation within the subdivision and yet discourage excessive through traffic on the local streets. This may be
accomplished by providing adequate major thoroughfares spaced
in accordance with the Circulation Plan and secondary through streets within the neighborhood spaced to provide reasonable
access to all points in the neighborhood.
a.Major street location, alignment, width, and cross-section
shall be determined by City Planning Commission's Circulation Plan and standards.
b.
c.
Major streets with a right-of-way width of less than 100
feet shall be increased to a width of 100 feet for a distance of 150 feet at the approach to a major street inter
section, with a transition back to normal right-of-way over
a distance of an additional 150 feet. Where such widening
is provided, the building line may be held on an extensionof the adjacent line so long as the set-back is not lessthan required in Item 15-a-(1).
Major Street Curves
(1)Curves in major streets are to have a center line
radius of 2000 feet or more with exceptions to thisstandard granted only by the City Planning Commission.
(2)Reverse curves shall be separated by a minimum tangent
of 100 feet.
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f.
g.
Minor street offsets, when approved by the City Planning Commission, must offset a minimwn distance of 125 feet on center line.
Intersections
(1)All streets, major and minor, shall intersect at a90-degree angle, with variations of 10 degrees onminor streets and 5 degrees on major or secondary
streets subject to the approval of the Planning Com
mission.
(2)Acute angle intersections ap proved by the City Planning Commission shall have 25-foot radii at acutecorners.
(3)Street intersections with or extending to meet an
existing street shall be tied to the existing streeton center line with dimensions and bearings to showrelationship.
h.Culs-de-sac (Dead-end streets with turn-arounds)
(1)Turn-arounds shall have a minimu m right-of-way radiusof 50 feet for single-family use and 60 feet for apart
ments, commercial, or other uses, except that turnarounds where other than curb and gutter developmentis used shall have a minimum right-of-way radius of60 feet adjacent to land to be used for single-family
residences and 70 feet adjacent to land to be used
for other than single-family residences.
(2)Maximum length of a dead•-end street with a permanent
turn-around shall be 600 feet.
(3)Temporary turn-arounds shall be used where curb and
gutter is not installed at the end of a street morethan 400 feet long that will be extended in the future.
(4)Note for Temporary Turn-Around
"Cross-hatched area is temporary easement
for turn-around until street is extended (direction) in a recorded plat."
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1.
Block Length
(1)Maximum block length for residential areas shall be
1200 feet, measured along the center line of the block.
(2)Maximum block length along a major thoroughfare shall
be 1600 feet, except under special conditions and upon
approval by the City Planning Commission.
Partial or Half-Streets
Partial or half-streets may be provided where the Commission
feels that a street should be located on a property line.
Inside the city limits, the partial street may be dedicated, with a one-foot reserve in fee along the property line. Out
side the city limits, the following note shall be used on such partial streets:
"This __ -foot strip is dedicated as an easement
for all utility purposes including storm and san
itary sewers and shall automatically become dedicated for street purposes when and in so far as a
__ -foot strip adjacent to it is so dedicated."
Provisional one-foot reserve to be used along the side or
end of streets that abut acreage tracts, as follows:
"One-foot reserve dedicated to the public in fee
as a buffer separation between the side or end
of streets in subdivision plats where such streets abut adjacent acreage tracts, the condition of
such dedication being that when the adjacent pro
perty i.s subdivided in a recorded pl.at, the onefoot reserve shall thereupon become vested in the
public for street right-of-way purposes (and the
fee title thereto shall revert to and revest in
the dedicator, his heirs, assignees, or successors). 11
Temporary Right-of-Way
To be used to comply with Galveston County Road Regulation
requiring minimum street width of 60 feet, as follows:
"cross-hatched strip feet wide to be tem-
porarily dedicated for street purposes and will revert to the adjacent lot owners upon and to the extent of the acquisition of feet for
street purposes on the opposite side of the street."
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10.STR EET NAMES
a.
b.
Names shall be continuations of existing street names adja
cent to or on line, if they are not duplications.
Proposed new names must be submitted to the City Planning
Commission for checking prior to the plat submittal.
11.ENGINEERING DATA (Preliminary plats to have approximate data)
a.
b.
c.
12.LOTS
Streets
(1)Complete curve data (.6, L, R, P.C., P.R.C., P.T.)
shall be shown on center line or each side of street.
(2)Length and bearings of all tangents shall be shown.
(3)Dimensions for all angle points and points of curve
to an adjacent side lot line shall be shown.
Lots
Complete bearings and dimensions for front, rear, and side
lot lines shall be shown.
Water Courses and Easements
(1)Distances shall be provided along the side lot linesfrom the front lot line to the point where the side
line crosses the drainage easement line or the high
bank of a stream.
(2)Traverse line shall be provided along the edge of alllarge water courses in a convenient location, pre
ferably along a utility easement if paralleling thedrainage easement or stream.
General: The lot design of a neighborhood should provide forlots of adequate width and depth to provide open area and to
eliminate over-crowding. Lots should be rectangular so far aspracticable and should have the side lot lines at right anglesto the streets on which the lot faces or radial to curved streetlines. Lots with double frontage are prohibited except under
special conditions and upon approval by the City Planning Commission.
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a.
b.
c.
d.
e.
All lots shown on the plat will be for residential purposes
unless otherwise noted; see paragraph E in the dedication.
Side lot lines should be perpendicular or radial to street
frontage and the following note may be in lieu of bearings:
11All side lot lines are either perpendicular
or radial to street frontage unless otherwise noted. 11
Rear and side driveway access to major thoroughfares shall
be prohibited. Paragraph Gin the dedication is to be used
when lots back or side on major thoroughfares.
Double front lots are prohibited except when backing on major thoroughfares.
Minimum lot sizes shall be as follows:
(1)75-foot width.
(2)120-foot depth, unless otherwise approved.
(3)Radial lots to have minimum width of 75 feet at the
building line.
(4)Lot area minimwn 9000 square feet.
(5)Corner lots with a width of less than 95 feet are tobe 5 feet wider than the average interior lots in the
block.
( 6)Corner lots with a width of 80 feet or less siding on
a major thoroughfare are to be at least 15 feet wider
than the average interior lots in the block.
(7)Lots facing or backing on a major thoroughfare shall
be at least 10 feet deeper than average interior lotdepths.
(8)Lot width definition --average of front and rear lot
dimensions.
(9)Minimum usable lot depths for lots backing on naturaldrainage easements --80 feet between front lot line
and drainage easement.
(10)Minimum lot sizes in approved townhouse subdivisions
shall conform to Section 2c of Part B "Regulations for
Townhouse Subdivision".
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13, RESERVES (Land to be used for other than residential purposes)
a.
b.
Reserves shall be labeled A, B, C, rather than numbered as
blocks and lots.
Minimum building lines shall be provided for reserves
(see Rule 15-c).
14 . NUMBERING
a.
b,
Blocks shall be numbered consecutively within the over-all
plat and/or sections of an over-all plat as recorded.
All lots shall be nwnbered consecutively within each block.
Lot numbering may be cumul ative throughout the subdivision
if the numbering continues from block to block in a uniform manner that has been approved on an over-all preliminary plat.
15.BUILDING LINES
a.Single-family residential building set-back lines shall be
as follows:
(1)The front set-back line on all lots shall be a minimum
of 25'; corner lots adjacent to two major thoroughfares
will have a minimum of 25' set-back lines on both
streets; that corner lots adjacent to one major andone minor thoroughfare will have a minimum of 25' setback line on the major thoroughfare and may have 10'
less set-back on the side adjacent to the minor
thoroughfare.
(2)The subdividing of the land shall be such as to pro
vide each lot with satisfactory access on a publicstreet.
(3)Double frontage and reverse frontage lots shall be
avoided.
(4)Side lot lines shall be at right angles or radial to
street lines.
(5)All lots shall have a 7,5 foot building set-back from
side lot lines.
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b.
c.
d,
(6)All lots shall have a nnm.mum rear building set-backof 20 1 from the rear lot line; detached garages,
swimming pools, cabanas, etc., are expected and willbe considered on an individual basis.
(7)Front building lines may be :r educed to 20 1 in special cases when lot depths are less than 105 1 •
Two-family and multiple-family residential set-back lines
shall be as follows:
(1)Minimum building set-back in front shall be 25 feet;
and/or matching the mean distance set-back of adjoining building on either side if more than 25 feet.
(2)For corner lots the side yard set-back shall be 10
feet less than front set-back except when side yard
is paralleling a major thoroughfare, then the sideyard set-back shall be the same as the front set-back.
(3)Side yard set-back for lots other than corner lots
shall be a minimum of 5 feet from property lines.
( 4)Minimwn requirement depth of rear yard shall be 20
feet.
(5)The total floor area of any building or buildings on
a lot shall not exceed 60 per cent of the total number
of square feet in the lot.
(6)The total gross area of the first floor of all mainbuildings measured from the exterior faces of exted.orwalls shall not exceed 35 per cent of the gross area
of the lot or tract of land.
Townhouse subdivision set-back lines shall conform to the
provisions of Section 2b of Part B "Regulations for Tmmhouse Subdivision".
Commercial district set-back lines shall be as follows:
(1)Minimum building set-back in front shall be 30 feet
from lot line.
(2)For corner lots the front yard requirement shall be
observed from both streets upon which the land abuts,
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(3)Rear yards are not required except where the rear lotline abuts on a permanent residential district; in
such cases there shall be provided a rear y·ard of not
less than 15 feet.
(4)Sides are not required except when the side abuts a
permanent residential district; there shall be a mini
mum side yard of 6 feet for bui.ldings of one story anda minimum side yard of 8 feet for buildings of two
stories.
e.Light industry district set-back li nes shall be as follows:
(1)Minimum building set-back in front shall be 25 feet.
(2)Corner lots building set-back shall be same as re
quired under 15-b-2.
(3)Side yard set-back: None
(4)Minimum rear yard: None, except that when rear of lot
abuts a permanent residential area, a rear yard of 20
feet is required.
16 . EASEMENTS
a.Drainage Easements
(1)Location and width shall be determined by the City
Planning Commission for plats within the city limits
of Friendswood and the Friendswood Drainage DistrictEngineer for plats outside the City or within theCity of Friendswood adjacent to bayous or other drain
age arteries for which the Friendswood Drainage Dis
trict is primarily respo nsible.
(2)Easements for drainage adjacent to lots, tracts, orreserves shall be noted:
"This easement shall be kept clear of fences,
buildings, planting, and other obstructions
to the operations and maintenance of the drainage facility, and abutting property shall not be permitted to drain into this easement except by means of an approved drainage struc
ture. 11 87
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b.
c.
Utility easements shall be agreed upon with the public and private utility companies, and will normally be 16 feet in
width, and centered on the lot line. Telephone lines and electric lines shall be installed underground and no aerial
easement is to be provided except when requested in writing by the utility company.
Platting of public streets or easements across private ease
ments or fee strips.
(1)A copy of the instrument establishing any private
easement shall be submitted with the preliminary plat.
(2)Easement boundaries must be tied by dimensions to all
adjacent lot and tract corners. Where the private
easement has not defined location or width, an effort
shall be made to reach agreement on a defined easement.
Where no agreement can be reached, then pipelines shallbe accurately located and tied to lot lines, and building set-back lines shall. be shown at a distance of ten
feet from and parallel to the center line of the pipeline.
(3)Prior to approval. of the final plat, the developer or
dedicator of any subdivision plat wherein publicstreets or easements are shown crossing private easements or fee strips shall by letter to the City Plan
ning Commission assu me responsibility for seeing thatany adjustments· and protection of existing pipelines,
electrical transmission lines, or other facilities
shall be planned and provided for to the satisfactionof the holder of the private easements or fee strips
and the City Planning Commission prior to the filingof the plat for record.
(4)Prior to filing of the final plat for record, the
following requirements must be met:
(a)The developer or dedicator of any plat shall
obtain from the holder of any private easement
or fee strip within the plat crossed by pro
posed streets or other public easements an in
strwnent granting to the public the use of said
public streets or easements over and across satdprivate easements or fee stri'ps for construction,operation, and maintenance of those public facil
ities normally using the type of public streets
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and easements indicated. This instrument shall
be filed for record along with the plat. A copy
of this instrument shall be delivered to the City
Planning Commission prior to final approval.
(b)The developer shall furnish the City Planning
Commission with a letter from the holder of theprivate easements or fee strips in questionstating that arrangements for any required adjustments in pipelines, electric·transmission
lines, or other similar facilities have been made
to the satisfaction of the holder of the easement.
(c)The developer shall provide the City Planning
Commission with a letter from the City I s Engineer
stating that arrangements for all matters pertaining to any necessary adjustments have been
made to the satisfaction of the City.
17, PARK, PLAYGROUND, AND SCHOOL SITES
a.Parks and Playgrounds
b.
(1)Location and size shall be in accordance with the
Planning Commission I s plan 1 1 Land Use -1995 11 • (2)Park sites within the city limits will be purchased
by the City at the developer 1 s acreage cost plus a
prorated cost for improvements.
(3)It is requested, but not required, that park sites
outside the city limits be reserved for two years for
purchase at the developer's cost plus prorated costof improvements.
School Sites
Location and size shall be in accordance with the requirements of the school district in which the plat is located.
18.STAKING PLAT ON GROUND
Before submittal to the City Planning Commission, all finalplats must be in full accordance with the certification signedby the engineer or surveyor.8,9
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19, DEDICATIONS AND CERTIFICATIONS
Dedications shall be in accordance with the current form(s)
attached hereto. Lienholders must join in the dedication.
20.REC ONSIDERATION OF SUBDIVISION REQUIREMENTS
Requests for reconsideration of subdivision requirements made
by the Planning Commission must be submitted in writing, listing
the items that are to be reconsidered, at least three full work
ing days prior to the meeting of the Planning Commission; forexample, if the meeting is to be held on Monday, requests for
reconsideration must be in the City Blanning Department by 5 p.m.Tuesday, prior to the meeting.
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1.
2,
PART B -REGULATIONS FOR "TOWNHOUSE SUBDIVISION"
DEFINITIONS
a.Townhouse, The terms "townhouse 11 and "row house" shallbe used interchangeably and shall mean a structure whichis one of a series of dwelling units designed for singlefamily occupancy, which dwelling units are structurallyconnected or immediately adjacent to each other withoutside yards between individual dwelling units.
b.Townhouse Subdivision. The term "townhouse subdivision"shall apply to those developments in which it is proposedto partition land into individual lots and construct townhouses which may be individually owned and where the minimum lot sizes are to be less than those required underSection 12-e, Rules for Land Subdivision, adopted by theCity of Friendswood Planning Commission.
C,
d.
e.
Interior Street. The term "interior street" shall applyto public streets not more than 600 feet long within a"townhouse subdivision" which street is located and designedto serve a limited area within such subdivision and shallnot serve other properties outside the subdivision.
Access Street, The term "access street" shall apply tothose public streets within or bounding a "townhouse subdivision" which serve a townhouse subdivision and otheradjacent property.
Open Space, The term "open space" shall apply to privateproperty under common ownership designated for recreationarea, pri.vate park (for use of property owners within thesubdivision), play lot area, plaza area, building set-backs(other than those normally required), and ornamental areasopen to general view within the subdivision. Open spacedoes not include streets, alleys, utility easements, andrequired building set-backs.
TOWNHOUSE SUBDIVISION REQUIREMENTS
All those persons proposing or intending to develop a townhouse subdivision withi.n the City of Friendswood shall, before any building permits are j,ssued, cause a plat to be recorded in the map records of the County Clerk of Galveston County, Texas, in conformance with the latest City Planning Commission's Rules for Land Subdivision, except for the follow:i.ng requirements:
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a.STREETS
(1)Interior streets shall have a minimum right-of-way
width of 60 feet and shall be developed with a mini
mum 36-foot paving section with concrete curbs and
gutters in accordance with City standards.
(2)Access streets shall have a minimum right-of-waywidth of 60 feet and shall be developed with a mini
mum 36-foot paving section constructed with concretecurbs and gutters in accordance with City standards.
(3)All "townhouse subdivisions" shall have a direct
access from at least one dedicated and accessible
public street having a right-of-way width of not less
than 60 feet.
(4)Alleys shall have a minimum right-of-way of 20 feetwhere all utilities are below ground and 25 feet
otherwise; and shall be developed with a concretepavement in accordance with City standards.
(5)The City Planning Commission shall review and approve
all projects which involve private streets under the
following conditions.
(a)When a proposed project con�ains any building or
buildings designed for occupancy or use by 4 ormore families, or for occupancy or use by 2 or
more business, industrial, or commercial estab
lishments,or for occupancy and use by one or more
industrial, commercial or business establishmentsand 2 or more families; and where any portion of
said buildings will be farther than 300 feet from
the improved portion of a dedicated, established,
and accessible public street.
(b)When a proposed project contaj.ns a private street
which would directly connect two public streets
within the City of Friendswood.
b.BUILDING SET-BACK LINES
(1)Building set-back lines of 25 feet shall be requiredon all lots fronting or backing on an access street.
(2)Building set-back lines of 15 feet shall be required
on all lots siding on access streets or upon a plat
boundary.
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(3)No building lines shall be required on the sides of
lots abutting interior streets } except where traffic
safety or other factors necessitate the establishmentof such set-back.
(4)Where townhouse lots and dwelling uni.ts are designed
to face upon an open or common access court rather
than upon a pub.l.i c street, said open or common courtshall be at least forty (40) feet wide and not more
than two hundred (200) feet long, measured from the
public street upon which the court must open. Said
court may not include vehicular drives or parkingarea in front of dwelling units.
LOTS
(1)Lot area shall be a minimum of 2,500 square feet.
(2)Lot width shall be a minimum of 25 feet.
(3)Dwelling units shall be constructed up to side lot
lines without side yards and windows shall not facea side lot line unless the s:i.de wall of the dwelling
unit is at least 1.0 feet from the side lot line.
(4)Lot size may be reduced under the provision that
open space } as defined herein, be dedicated according
to the following schedule:
For every 100 feet of open space per lot provided,
the minimum lot area may be reduced by· 200 square
feet and the width of the lot by two feet. No lot
shall, however, have a lot area of less than 2000
square feet or a w:i.dth of less than 20 feet.
(example)
Open Space Minimmn Minimum
Per D1·relling Unit Lot Area Lot Width
0 square feet 2,500 square feet 25 feet 100 square feet 2,300 square feet 23 feet 200 square feet 2,100 square feet 21 feet 250 square feet 2,000 square feet 20 feet
The dedication, the location, and the use of open space
shall in all cases be subject to the approval of the Friendswood City Planning Commission, 93
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3.
d.
e.
UTILITIES
Utility easements will normally be 16 feet in width.
Utilities shall be located at the rear of the lot. All
lots shall be served by sanitary sewers. Telephone lines
and electric lines shall be installed underground and no
aerial easement is to be provided except when requested in writing by the utility company.
SCREENING WALLS
Where to�mhouse lots are backing upon a public street, a
2-foot-wide private easement shall be provided abutting
the street and a masonry wall not less than 6 feet high
shall be constructed upon the easement, in conformance
with City standards, to provide a visual screen.
TOWNHOUSE SUBDIVISION LIMITATIONS
a.
b.
The provisions and exceptions cited in these regulations shall apply only to those developments which fall within
the definition of a 11 townhouse subdivision 11 •
The dedication on the pl at shall carry the following certification:
11 It is hereby covenanted and agreed with each
lot owner, with the City of Friendswood, ,and
with the Friendswood City Planning Commission
that this subdivision will be developed to con
form in all ways with the rules and regulations of said Commission last adopted by it prior to this date and upon which basis this plat is
approved, 11 94
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1.
PART C -FORM OF DEDICATION
FORM OF DEDICATION FOR INDIVIDUAL OR INDIVIDUALS
THE FOLLOWING IS THE FORM OF DEDICATION
TO BE UTILIZED ON SUBDIVISION AND RESUBDIVISION PLATS
STATE OF TEXAS )
COUNTY OF GALVESTON)
I ( or We), (Name of owner or names of owners), owner ( or owners)
of the property subdivided in the above and foregoing map of the (Name of Subdivision), do hereby made subdivision of said property, according to the lines, streets, lots, alleys, parks, building lines,
and easements therein shown, and designate said subdivision as (Name
of Subdivision) in the ___ Survey, Galveston County, Texas; an_d __
dedicate to public use, as such, the streets, alleys, parks, and
easements shown thereon forever; and do hereby. waive any claims for
damages occasioned by the establishing of grades as approved for the streets and alleys dedicated, or occasioned by the alteration of the
surface of any portion of streets or alleys to conform to such grades;
and do hereby bind myself (or ourselves), my (or our) heirs and assigns
to warrant and forever def en d the title to the land so dedicated,
a.
b.
c.
This is to certify that I, (or we), (Name of owner or names of owners), have complied with or will comply with the existing
regulations heretofore on file with the Galveston County Engineer and adopted by the Commissioners Court of Galveston County.
The following paragraph is to be used where there is a lien against the property, or a separate instrument may be filed:
"I ( or We), (Name of mortgagee or names of mortgagees),
owner and holder ( or owners and holders) of a lien
(or liens) against the above described property, said lien (or liens) being evidenced by an instrument of
record in Volume , page , of t'he Mortgage Re-cords of Galveston County, Texas, do hereby in all
things subordinate to said subdivision and dedication said lien ( or liens), and I ( or we) hereby· confirm that
I am ( or we are) the pre sent owner ( or owners) of said
lien (or liens) and have not assigned the same nor any
part thereof.11 The following paragraph is not required but is necessary for
overhead lines in easements: 95
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"There is also dedicated for utilities, within the
horizontal limitations specifically shown hereon, an unobstructed aerial easement five (5) feet wide from
a plane twenty (20) feet above the ground upward located adjacent to the utility easement(s) and/or
street(s) as shown hereon."
The following paragraphs are to be used when the subdivision is outside the City and in Friendswood Drainage District.
FURTHER, I (or We), do hereby dedicate forever to the public
a strip of land twenty (20) feet wide on each side of the center
line of any and all gullies, ravines, draws, sloughs, or other natural drainage courses located in said subdivision, as ease
ments for drainage purposes, giving Friendswood Drainage District and/or any other public agency the right to enter upon said easement at any and all times for the purpose of construction
and/ or maintaining drainage work and/ or structures.
FURTHER, all of the property subdivided in the above and foregoing map shall be restricted in its use, which restrictions shall run with the title to the property, and shall be enforce
able, at the option of Friendswood Drainage District, by Friendswood Drainage District or any citizen thereof, by in-·
junction, as follows:
(1)The drainage of septic tanks into road, street, alley, or
other public ditches, either di.rectly or indirectly, is
strictly prohibited.
(2)Drainage structures under private driveways shall have a
net drainage opening area of sufficient size to permit the
free flow of water without backwater, and shall be a minimum of one and three quarters (1-3/4) square feet (18"
diameter pipe culvert). Culverts or bridges must be usedfor driveways and/or walks. · Paved dips will not be per•
mitted,
The following paragraph is to be used for all subdivisions:
I (or We) hereby covenant and agree that all lots within the
boundaries of this subdivision are for residential purposes
unless otherwise noted.
Dedication clause preventing rear driveway access to any street and side driveway access to a major street:
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We hereby covenant and agree with the City of Friendswood and/ or Galveston County that lots backing or siding on _____ _ Street shall not have direct driveway access to said street.
g.WITNESS my (or our) hand in Friendswood, Galveston County, Texas,this _ day of _____ , 19_
(Signature of owner)
(Or signatures of owners)
h, · STATE OF TEXAS )
i.
COUNTY OF GALVESTO N)
BEFORE ME, the undersigned authority, on this day personally appeared (Name of owner or names of owners), known to me to be the person (or persons) whose name (or names) is (or are) subscribed to the foregoing instrument, and acknowledged to me that he (or they) executed the same for the purposes and consideration therein set forth. (If a husband and wife join in the dedication, the following form should be added:) and the same said (Name of wife), having been examined by me privately and apart from her husband and having the same fully explained to her by me, acknowledged said instrument to be her act and deed, and that she had willingly signed the same.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ___ , 19_ -
Notary public in and for County, Texas (SEAL)
My Commission expires June 1, 19 __
This is to certify that I, (Name of engineer), a registered engineer (or licensed surveyor) of the State of Texas, have platted the above subdivision from an actual survey on the ground; and that all block corners, angle points, and points of curve are properly marked with iron pipes (here specify diameter and length of stakes, which should be 1 11 G. I. pipe 3 1 long or equivalent), and that this plat correctly represents that survey made by me.
Engineer Texas Registration No. __ (SEAL)
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I, _________ , Engineer of Friendswood Drainage District,
Galveston County, Texas, do hereby certify that the plat of
this subdivision complies with requirements for internal sub
division drainage as adopted by the Drainage District's Board of Supervisors; however, no certification is hereby given as to
the effect of drainage from this subdivision on the intercepting drainage artery or parent stream or on any other area or subdivision within the watershed.
Friendswood Drainage District's
Engineer
This is to certify the City Planning Commission of the City of
Friendswood, Galveston County, Texas, has approved this plat
and subdivision of (Name of Subdivision) as shown hereon.
IN TESTIMONY WHEREOF, witness the official signature of the
Chairman and Secretary of the City Planning Commission of the City of Frien dswood, Galveston County, Texas, this day
of _____ , 19_ --
Secretary, City of Friends
wood Planning Commission
Chairman, City of Friendswood
Planning Commission
I, _________ , County Engineer of Galveston County, do
hereby certify that the plat of this subdivision complies with
all existing rules and regulations of this office as adopted by Commissioners Court.
County Engineer
Approved as to Land Ties as Shown:
County Surveyor
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APPROVED FOR FILING, wherein Galveston County assumes no obligation for grading, drainage structures, or surfacing the streets
or roads or making any other improvements in said subdivision.
Commissioner Precinct No. County Judge
THE ABOVE SUBDIVISION TITLED (Name of Subdivision) as mapped,
approved by the Commissi.oners Court of Galveston County, Texas, by Order of _____ , 19_County Clerk of Galveston County, Texas
By: ______________ , Deputy
STATE OF TEXAS ) COUNTY OF GALVESTON)
I, Gertrude McKenna, County Clerk of Galveston, Texas do hereby
certify that the within instrwnent was filed for registration in my office on _____ , 19 , at o I clock, M., and
duly recorded on _____ , 19 , at·�-=--==-o I clock,--M., in Vol. _____ , Page ___ , Galveston County Map Records,
WITNESS my hand and seal of office, at Galveston, the day and
date last above written.
Gertrude McKenna, County Clerk Galveston County, Texas
fy ____________ ,Dey�y99
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2.FORM OF DEDICATION FOR CORPOR ATIONS
THE FOLLOWING IS THE FORM OF DEDICATION TO BE UTILIZED ON SUBDIVISION AND RESUBDIVISION PLATS
STATE OF TEXAS )
COUNTY OF GALVESTON)
We, (Name of President) and (Name of Secretary), President and Secretary respectively of (Name of Company), owner of the property
subdivided in the above and foregoing map of (Name of Subdivision),
do hereby make subdivision of said property for and on behalf of
said (Name of Company), according to the lines, streets, lots, alleys, parks, building lines, and easements thereon shown and designate said subdivision as (Name of Subdivision), located in the
Survey, Galveston County, Texas, and on behalf of said (Name of Company);
and dedicate to public use, as such, the streets, alleys, parks, and easements shown thereon forever; and do hereby waive any claims for
damages occasioned by the establishing of grades as approved for the streets and alleys dedicated, or occasioned by the alteration of the surface of any portion of streets or alleys to conform to such grades; and do hereby bind ourselves, our successors and assigns to warrant
and forever defend the title to the land so dedicated.
a.
b.
This is to certify that we (Name of President) and (Name of Sec
retary), President and Secretary respectively of (Name of Company), owner of the property subdivided in the above and foregoing map of (Name of Subdivision), have complied or will comply with the
existing regulations heretofore on file with the Galveston County
Engineer and adopted by the Commissioners Court of Galveston
County.
The following paragraph is to be used when there is a lien against the property, or a separate instrument may be filed:
11 I, (or We), (name of mortgagee or names of mortgagees), owner and holder ( or owners and holders) of a lien (-or
liens) against the above described property, said lien
(or liens) being evidenced by an instrument of record in Volume ___ , Page , of the Mortgage Records of Galveston County, Texas,do hereby in all things sub
ordinate to said subdivision and dedication said lien ( or liens), and I ( or we) hereby confirm that I am ( or
we are) the present owner (or owners) of said lien (or liens) and have not assigned the same nor any part thereof."
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c.
d.
e.
The following paragraph is not required but is necessary for overhead lines in easements:
"There is also dedicated for utilities, within the
horizontal limitations specifically shown hereon, an
unobstructed aerial easement five (5) feet wide from
a plane twenty (20) feet above the ground upward
located adjacent to the utility easement(s) and/or
street(s) as shown hereon."
The following paragraphs are to be used when the subdivision
is outside the 8ity and within Friendswood Drainage District.
FURTHER, We, or (Name of Company), do hereby dedicate forever
to the public a strip of land twenty (20) feet wide on each side of the center line of any and all gullies, ravines, draws,
sloughs, or other natural drainage courses located in the said subdivision, as easements for drainage purposes, giving Friends
wood Drainage District and/or any other public agency the right
to enter upon said easements at any and all times for the purpose of constructing and/or maintaining drainage work and/or
structures.
FURTHER, all of the property subdivided in the above and fore
going map shall be restricted in its use, which restrictions
shall run with the title to the property, and shall be enforceable, at the option of Friendswood Drainage District, by Friends
wood Drainage District or any citizen thereof, by injunction,
as follows:
(1)That drainage of septic tanks into road, street, alley, or
other public ditches, either directly or indirectly, isstrictly prohibited.
(2)Drainage structures under private driveways shall have a
net drainage opening area of sufficient size to permit the
free flow of water without backwater, and shall be a mini
mum of one and three quarters (1-3/4) square feet (18 11
diameter pipe culvert). Culverts or bridges must be usedfor driveways and/or walks. Paved dips will not be permitted.
The following paragraph is to be used for all subdivisions:
We hereby covenant and agree that all lots within the boundaries of this subdivision are for residential purposes unless otherwise noted.
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h.
Dedication clause preventing rear driveway access to any street
and side driveway access to a major street:
We hereby covenant and agree with the City of Friendswood and/
or Galveston County that lots backing or siding on ------Street shall not have di rect driveway access to said street.
IN TESTIMONY WHEREOF, the (Name of Company) has caused these presents to be signed by (Name of President), its President,
thereunto authorized, attested by its Secretary, (Name of Sec-
retary), and its common seal hereunto affixed this day
of _____ , 19_
STATE OF TEXAS )
COUNTY OF GALVESTON)
(Name of Company)
By-,----�---------(President)
ATTEST: (Secretary)
B EFORE ME, the undersigned authority, on this day personally ap peared (name of President), President, and (name of
Secretary), Secretary of the (name of Company), known to me to
be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein and herein set out, and as the act and
deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this_ day of
19_
Notary Public in and for
County, Texas (SEAL)
My Commission expires June 1, 19 __
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This is to certify that I, (name of Engineer), a registered
engineer (or licensed surveyor) of the State of Texas, have
platted the above subdivision from an actual survey on the
ground; and that all block corners, angle points, and points
of curve are properly marked with iron pipes (here specify
diameter and length of stakes, which should be 1 11 G. I. pipe 3' long or equi valent), and that this plat correctly represents
that survey made by me.
Engineer Texas Registration No. ---(SEAL)
I, _________ , Engineer of Friendswood Drainage District,
Galveston County, Texas, do hereby certify that the plat of this
subdivision com plies with requirements for internal subdivision
drainage as adopted by the Drainage District's Board of Supervisors; however, no certification is hereby given as to the effect of drainage from this subdivision on the intercepting drainage artery or parent stream, or on any other area or sub
division within the watershed.
Friendswood Drainage District's Engineer
This is to certify the City Planning Commission of the City
of Friendswood, Galveston County, Texas, has approved this plat
and subdivision of (Name of Subdivision), as shown hereon.
IN TESTIMONY WHEREOF, witness the official signature of the Chairman and Secretary of the City Planning Commission of the
City of Friendswood, Galveston County, Texas, this day �-----'�---
Secretary, City of Friendswood Planning Commission Chairman, City of Friendswood Planning Commission
I, _________ , County Engineer of Galveston County, do
hereby certify that the plat of this subdivision complies with all existing rules and regulations of this office as adopted
by Commissioners Court.
County Engineer
Approved as to Land Ties as Shown:
County Surveyor
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APPROVED FOR FILI NG, wherein Galveston County assumes no obligation for grading, drainage structures, or surfacing the streets
or roads or making any other improvements in said subdivision.
Commissioner Precinct No. County Judge
THE ABOVE SUBDIVISI ON TITLED (Name of Subdivision) as mapped,
approved by the Commissioners Court of Galveston County, Texas, by Order of _____ , 19_
County Clerk of Galveston County, Texas
By: _____________ , Deputy
STATE OF TEXAS ) COUNTY OF GALVESTON)
I, Gertrude McKenna, County Clerk of Galveston, Texas do hereby
certify that the within instrument was filed for registration
in my office on _____ , 19 , at o'clock, M., and
duly recorded on _____ , 19, at ___ o'clock,--M., in Vol. _____ , Page ___ , Galveston County Map Records.
WITNESS my hand and seal of office, at Galveston, the day and
date last above written.
Gertrude McKenna, Cou nty Clerk
Galveston County, Texas
By ___________ , Deputy
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PART D -REQUIREMENTS FOR FILING AND RECORD PRINTS
REQUIREMENTS FOR FILING
The rules, regulations and requirements for filing plats are set forth in "RULES, REG ULATIONS AND REQUIREMENTS RELATING TO THE APPROVAL AND ACCEPTANCE OF IM PROVEMENTS IN SUBDIVISIONS OR RE-SUBDIVISIONS" as approved and adopted by Commissioners Court of Galveston County on April 22, 1963 and recorded in Book 31, Page 511 of Commissioners Court Minutes, and any amendments thereto.
RECOR D PRINTS
After the subdivision has been recorded, the De veloper is to provide the City of Friendswood with a reproducible copy of the final plat (made prior to filing) and one blue line print with the County Clerk's notice of filing and volume and page number of the Map Records stamped thereon.
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CODES AND REGULATIONS BUILDING CODE
The City of Friendswood adopted in 1963, by Ordinance Number 25,
the Southern Standard Building Code, 1960-61 Revision, as published
by the Southern Building Code Congress.
It is recommended that the City continue to use this code, adopt
ing updated revisions periodic ally.
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CODES AND REGULATIONS PLUMBING CODE
The City of Friendswood adopted, by Ordinance Nwnber 87, a
plumbing code in 1966. This Code includes regulations concerning
natural gas plwnbing, waste plumbing, and water distribution.
The Code has been reviewed in detail. It appears to be com
pletely satisfactory, and it is recommended that the City continue
to use the Code.
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CODES AND REGULA.TIONS ELECTRICAL CODE
The City of Friendswood adopted, by Ordinance Number 99, an
electrical code.
The following suggested changes, deletions and/or additions
are recommended:
SECTION 201 -Suggest change to - -"The object of this ordin
ance is to reduce hazards of life and property due to the
presence of electrical wiring and equipment by providing
for safe and adequate electrical systems. To accomplish
this ... "
SECTION 203 -(i) Suggest a careful definition of electrical
work. Suggest adding to line 4 the phrase" ... or repair
ing same as outlined in the scope of this ordinance. In
stalling, maintaining or repairing shall further be defined
as any work related to electrical components but not other
acts of labor such as trenching, carpeting and painting
which may be excluded by the Electrical Board. 11
SECTION 1112 -Suggest adding paragraph (e) for apprentice
electricians. "An 1 Apprentice Electrician' shall be en
titled to do electr:i.cal work only under the direct super
vision of a journeyman or master electrician and providing
further that no apprentice electrician shall be present on
any premise when electrical work is being performed unless
the proper supervisor is also present."
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SECTION 1113 -(c) (4) Suggest line 1 to read, 11 Be licensed by
another city, have electrical licensing stand ards equal
to those of this ordinance, as a master ... 11
' . SECTION 1122 -(c) Change to read 1 1 ••• employing as a master,
journeyman or any other electr ician, or permitting any
person not then licensed as provided by this ordinance
to do electrical work, as that term is defined herein.
(d)Falsely representing himself or his company as holding
the proper license for the purpose of soliciting a contract
for electrical work in the City of Friendswood. 11 Last
paragraph: Suggest 1st suspension period be for three
months in order to encourage more suspension.
SECTION 1123 -Suggest eliminating the "within three year period 11
SECTION 1125 -Add paragraph (c) 11 Providing that the city licens
ing ordinance of the reciprocal city is equal to this ordin-
ance.11
SECTION 1201 -Line 8 add 11• • • as laid down in the . . . latest
edition of the National Electrical Code as adopted by the
Electrical Board from time to time and in conformity ... 11
SECTION 1205 -b(l) line 3" have one or more three wire or
two or more two wire.11 Line 4 delete phrase, 11 3 wire11 •
Paragraph (3) line 1 add 11 ••• single phase room air condi
tioning units ... wired on a separate circuit with No. 12
conduction.11 Line 6 add 11 ••• single circuit with No. 10
conductors."
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SECTION 1206 -(d) Change to 11All kitchen and bathroom outlets
and all grounding receptacles shall be ... 11
SECTION 1208 -(a) Change from (8) to (6) current outlets
(b)Change from (10) to (8) current outlets
(f)Delete enti rely as conflicting with 1205(b)
SECTION 1209 -(b) Change to read 11Wires for suspended fluores
cent fixtures shall be carried to the outlet box laced in
chain ... 11
SECTION 1210 -(a) Add sentences 11 Each pole of a multipole cir
cuit breaker shall count as one circuit. Branch circuits
larger than 20 ampere shall increase the service capacity
in proportion to the circuit rating. Example: one 40
ampere circuit shall count as two 20 ampere circuits.
Similarly each panel equipped to receive additional "twin",
"piggy back" or other modular circuit breakers shall count
as one additional 20 ampere branch circuit when computing
the feeder size." (f) and (g) suggest permitting EMT
Conduit and Aluminum wires.
SECTION 1215 -The requirements for reduced voltage starters
is rath er severe and may not be in the best interest of
the public. Suggest referring this to the utility company
for verification if this is absolutely necessary.
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SECTION 1218 -Add 11 (e) a 20 ampere grounded receptacle shall
be provided in a suitable location for washing mac hine
connection except that in multiple-family dwellings housing
central laundry facilities for tenants, the washing machine
receptacle may be omitted in individual occupancies."
SECTION 1220 -(f) Suggest eliminating restrictions on use of
aluminum conductors. Suggest rewriting paragraph as follows:
"For the purpose of this ordinance the term conductor shall
be taken to mean copper. Aluminum conductors of equal ampere
capacity and electrical characteristics to copper may be
used providing that no bare aluminum conductors without
permanent corrosive protection shall be used and further
providing that all splicing and terminating devices are
specifically approved for aluminum. 11
SECTION 1221 .., (b) Add phrase 11• • • except that non metallic cable
shall be used only in concealed or inaccessable locations
in wood frame structures or voids of hollow tile after walls
have been erected. 11 SECTION 1222 -(c) Suggest permitting electronic control. Change
to 11 ••• control wiring having a voltage greater than three
volts, for heating and cooling units ... 11
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