HomeMy WebLinkAboutOrdinance No. 2009-05 (Title: An ordinance amending Section 20. "Definitions," Subsection (P) "Home
~ Occupation" of the Zoning Ordinance of the City by amending the definition of
what constitutes a "Home Occupation")
ORDINANCE NO. 2009-05
I
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 AMENDING SECTION 20, "DEFINITIONS,"
SUBSECTION (P) "HOME OCCUPATION" BY AMENDING THE
DEFINITION OF "HOME OCCUPATION'; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR
EACH DAY OF VIOLATION OF ANY PROVISION HEREOF;
AND PROVIDING FOR SEVERABILITY.
Y ]t X X iC X
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 passed and approved the 19th day of November, 1984, and being the Zoning
Ordinance of the City, is hereby amended by amending Section 20, Subsection (P)
"Home Occupation" to read and provide as follows:
"APPENDIX C ZONING.
I
Section 20. Definitions.
For the purposes of this ordinance, certain terms or words used herein shall be interpreted
as follows:
The word "person" includes an individual, firm, association, organization, partnership,
trust, company, or corporation.
The present tense includes the future tense; the singular number includes the plural; and
the plural number includes the singular.
The word "shall" is mandatory; the word "may" is permissive.
The words "used" and "occupied" include the words "intended, designed, or arranged to
be used or occupied."
The word "building" includes the word "structure."
The word "lot" includes the words "plot' or "parcel."
h
P. Home occupation. Any occupation or activity conducted within a residential or
dwelling unit which is clearly incidental and subordinate to the use of the premises for
residential or dwelling purposes; provided that:
1. No retail business of any sort is involved.
2. No stock in trade is kept nor commodities sold except those made or used on the
premises.
3. Only members of the family residing on the premises are employed.
4. No internal or external alterations, special construction, or features are involved.
5. There is no advertising of any type on the premises and no other display or storage of
materials or exterior identification of the home occupation or variation from the
residential character of the main building or any accessory building; however,
advertising of the home occupation by published or printed matter is allowed.
6. No equipment is used which creates offensive noises, vibrations, sound, smoke or
dust, odors,heat, glare, X-ray or electrical disturbances to radio or television.
7. Vehicles in conjunction with the home occupation must be able to be parked
completely in the driveway of the resident without blocking the sidewalk.
8. The home occupation must not change the character of the residential area.
9. Repair of racing automobiles shall not be permitted.
8: 10. A child care center as defined in paragraph G, section 20, is not recognized as a
home occupation.
l: 11. A personal care facility as defined in paragraph KK, section 20, is not recognized
as a home occupation.
12. The use of off-site personal services at a residence, such as lawn care, maid
services, etc., does not constitute a home occupation and is not limited by this
ordinance.
Section 2. Any person who shall knowingly, willingly, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00.
Each day of violation shall constitute a separate offense.
Section 3. In the event any section, paragraph, subdivision, clause, phrase,
provision, sentence, or part of this Ordinance or the application of the same to any person
or circumstance shall for any reason be adjudged invalid or held unconstitutional by a
court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as
a whole or any part or provision hereof other 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 and every part of the same notwithstanding the
Ord 2009-05 2
� 5
omission of any such part thus declared to be invalid or unconstitutional, or whether there
be one or more parts.
PASSED AND APPROVED on first reading this lst day of June,2009.
PASSED, APPROVED, and ADOPTED on second and final reading this 15"
day of June,2009.
David J.H. Smith
Mayor f
ATTEST:
F FR1Ep�
�O SC �
e oris McKenzie,
City Secretary * ,t
i
OF 7B�P�
I
Ord 2009-05 3