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HomeMy WebLinkAboutOrdinance No. 2006-11 (Title: An ordinance renumbering subparagraph k of paragraph 2 of Subsection M of Section 8 of the Zoning Ordinance so that it becomes paragraph 3 of said Subsection M.) ORDINANCE NO.2006-11 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY DELETING SUBPARAGRAPH "k" OF PARAGRAPH 2 OF SUBSECTION M OF SECTION 8 THEREOF AND RENUMBERING SAME AS PARAGRAPH 3 OF SUBSECTION M OF SECTION 8; AND PROVIDING FOR SEVERABILITY. * * � * � * � � � � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19t" day of November 1984, same being Appendix C of the Friendswood City Code, and same also being the Zoning Ordinance of the City, is hereby amended by renumbering subparagraph "k" of Paragraph 2 of Subsection M of Section 8 thereof, which provides as follows: "Section 8. Supplementary District regulations M. Commercial Activities and Outdoor Sales 2. Outdoor sales "[(k.) Exemptions 1. Charitable Or Non-Profit Events. The conducting of outdoor sales or commercial activity by a governmental entity, public utility, or taY exempt not-for-profit organization formed for education, philanthropic, scientific, or religious purposes, where any proceeds and profits are designed to be contributed to such entity conducting the activity, or where the activity occurs on property owned by a governmental entity. However, such entities and organizations shall comply with all other ordinances and laws applicable to their activity, and no such activities shall be allowed on the public rights of way. 2. Outdoor displays of inerchandise. Outdoor displays of inerchandise by retail businesses shall be allowed if the display involves items for sale by a commercial retailer located with in a permanent structure. Such displays may not cover more than half of the width of the pedestrian walkway between the storefront and the curb, unless other accommodations for pedestrian travel satisfactory to the building official are made. A permit shall be required for the placement of outdoor sales activities or items within any parking lot, and a permit shall not be granted if the proposed area eliminates required parking areas. Provided, however, that special events shall be exempt from this latter provision, where emergency access and parking is approved by the building official in advance of the event. For the purposes of this section, "special event" is defined as a is approved by the building official in advance of the event. For the purposes of this section, "special event" is defined as a temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the zoning ordinance of the city and which runs not longer than four days. Special event includes, but is not limited to. art shows, sidewalk sales, pumpkin and holiday sales, festivals, craft shows, and church bazaars. 3. Suspension in the event of disaster or loss. In the event of a natural disaster (e.g. flood, hurricane), or other catastrophic loss (e.g., fire), the City Council may suspend this ordinance for such period of time as may be determined to be necessary for re- construction of permanent structures.]" to become Paragraph 3 of Subsection M of Section 8 as follows: "Section 8. Supplementary District regulations Ord.2006-11 2 M. Commercial Activities and Outdoor Sales 3. Exemptions � Charitable Or Non Proft Events. The conducting of outdoor sales or commercial activity bv a �overnmental entity, public utility, or tag ezempt not-for-profit organization formed for education, philanthropic, scientific, or religious qurposes, where any proceeds and urofits are designed to be contributed to such entitv conducting the activitv, or where the activity occurs on property owned bv a governmental entity. However, such entities and organizations shall complv with all other ordinances and laws auplicable to their activity, and no such activities shall be allowed on the public rights of wav. � Outdoor disvlays of inerchandise. Outdoor displays of merchandise by retail businesses shall be allowed if the displav involves items for sale bv a commercial retailer located with in a permanent structure. Such displavs may not cover more than half of the width of the pedestrian walkwav between the storefront and the curb, unless other accommodations for pedestrian travel satisfactorv to the building official are made. A permit shall be required for the nlacement of outdoor sales activities or items within anv parkin� lot, and a qermit shall not be granted if the proposed area eliminates required parkin� areas. Provided, however, that special events shall be exempt from this latter provision, where emergencv access and parking is approved bv the buildin� official in advance of the event. For the purposes of this section, "special event" is defined as a is approved by the building official in advance of the event. For the purqoses of this section, "suecial event" is defined as a temporarv outdoor use on private property that extends bevond the normal uses and standards allowed by the zonin� ordinance of the citv and which runs not longer than four days. Special event includes, but is not limited to. art shows, sidewalk sales, pumpkin and holiday sales, festivals, craft shows, and church bazaars. � Susnension in the event of disaster or loss. In the event of a natural disaster (e.g. flood, hurricane), or other catastrophic loss (e.g., fire), the City Council mav suspend this Ord.2006-ll 3 ordinance for such period of time as mav be determined to be necessary for re-construction of permanent structures." Section 2. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this St� day of June 2006. PASSED,APPROVED, and ADOPTED on second and final reading this 26th day of June 2006. � � id J. H. th Mayor ATTEST: �a�eNo . � ,,�� a� � �o De oris McKenzie, C * * City Secretary a r,�rE � �+� Ord.2006-11 4