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HomeMy WebLinkAboutOrdinance No. 2009-10 (Title: An ordinance amending the zoning ordinance of the city by amending the permitted use table to add NAICS use #81112 "Automotive Body, Paint, Interior, and Glass Repair" as a permitted use in (PUD-Mixed Use), (LI), and (1) districts, and as a permitted use with specific use permit (SUP) in (CSC), (NC), (DD), (PUD) districts, and as a permitted use for office functions in the (OPD) district; and by amending Section 8.16 to add requirements for fencing, screening, and parking for auto repair garages that perform body repair and painting.) ORDINANCE NO.2009-10 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY ADDING IN THE PERMITTED USE TABLE CONTAINED IN SECTION 7-P THEREOF THAT THE USE DESCRIBED IN NAICS CATEGORY 81112, ENTITLED "AUTOMOTIVE BODY, PAINT, INTERIOR, AND GLASS REPAIR," MAY BE PERMITTED IN THE (PUD-MIXED USE), (LI) AND (1) DISTRICTS, AND MAY BE PERMITTED WITH SPECIFIC USE PERMIT (SUP) IN THE (CSC), (NC), (DD), AND (PUD) DISTRICTS, AND PERMITTED FOR OFFICE USE IN THE (OPD) DISTRICT; AMENDING SECTION 8.J.6 TO ADD REQUIREMENTS FOR FENCING, SCREENING AND PARKING FOR AUTO REPAIR GARAGES THAT PERFORM BODY REPAIR AND PAINTING; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Friendswood, Texas, deems it in the best` interest of the City of Friendswood to amend the permitted use table to add the use described 'inI NAICS category 81112 "Automotive Body, Paint, Interior, and Glass Repair" as a permitted usei in (PUD-Mixed Use), (LI), and (I) districts, and as a permitted use with specific use permit (SUP) in (CSC), (NC), (DD), (PUD) districts, and as a permitted use for office functions in the (OPD) district); and, WHEREAS, the City Council of the City of Friendswood, Texas, deems it in the best interest of the City of Friendswood to amend Section 8.16 to add requirements for fencing; screening and parking for auto repair garages that perform body repair and painting; 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 19s' 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 adding to the Permitted Use Table contained in Section 7-P thereof: (1) the designation of "P" under the PUD-Mixed Use, Light Industrial (LI), and Industrial (1) district classifications applicable to, NAICS use#81112 "Automotive Body, Paint, Interior, and Glass Repair" as depicted on Exhibit "A" attached hereto and made a part hereof for all purposes; (2) the designation of"S"under the Community Shopping Center (CSC), Neighborhood Commercial (NC), Downtown District (DD), and Planned Unit Development (PUD) district classifications applicable to NAICS use #81112 "Automotive Body, Paint, Interior, and Glass Repair" as depicted on Exhibit "A" 4 attached hereto and made a part hereof for all purposes; and (3) the designation of"O"under the Office Park District (OPD) district classification applicable to NAICS use #81112 "Automotive Body, Paint, Interior, and Glass Repair" as depicted on Exhibit "A" attached hereto and made part hereof for all purposes. Section 2. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19a' day of November 1984, same being Appendix C of the Friendswood City Codell i and same also being the Zoning Ordinance of the City, is hereby amended by amending sectio 8.J.6 to read and provide as follows: "Appendix C. Zoning Ordinance Section 8. Supplementary district regulations. J. Performance standards. Ord.2009-10 2 6. Auto repair garage. Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions: a. All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress. b. No spray painting may be done except in a spray booth especially designed for that purpose. c. All other auto repairing, etc., shall be conducted within a building enclosed on at least three sides. d. All vehicles awaiting body repair and/or paint, not currently being worked on within the required building, shall be stored behind and completely screened by an 8' opaque fence. The fence must be placed as to not block visibility of traffic andi allow required ingress and egress. In addition, the fence must comply with fence requirements as noted in Section 8.13 of this ordinance. e. Repaired vehicles, or those waiting to be repaired, can not occupy recommended parking places. e, Section 3. Any person who shall violate any provision of this Ordinance shall be ( ^ J deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section 4. In the event any clause, phrase, provision, sentence, or part of this I Ordinance or the application of the same to any person or circumstances shall for any reason be I 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 parit 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,APPROVED on first reading this I"day of June,2009. Ord.2009-10 3 PASSED,APPROVED, and ADOPTED on second and final reading this the 15t6 day of June,2009. Davi'8 J. H. math Mayor ATTEST: OF FWeiv, f1gep J4.41"- �o D loris McKenzie, TRM City Secretary OF �� I Ord.2009-10 4 F%,��&ibit A (1 2009-10) 1997NAICS SFR-E MFR- MFR MFR MFR MHR CSC NC LNC OPD DD PUD M1Dd A-1 Ll I BP GHD -L -M H Use 722 Food services & P P O P S P P P ; Drinking places 7224 Drinking places P (Alcoholic Beverages) P P P P Other Services (except r 81 Public Administration) 8111 Automotive Repair and P S O S S P P P maintenance Automotive Body, 81112 Paint,Interior, and S S O S S P P P Glass Repair 8113 Welding Shops S O O S P P P P 812 Personal Care Services P P P P P S P P P 812 Death Care Services S S O S S P P S 1� 1 812 Other Personal P P P P S P P P Services Religious/Grantmaking/ 813 Prof/ Similar P P O P S P organizations