HomeMy WebLinkAboutOrdinance No. 2025-12 ORDINANCE NO. 2025-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, RENAMING AND AMENDING APPENDIX C "ZONING," SECTION 8
"SUPPLEMENTARY DISTRICT REGULATIONS," SUBSECTION M
"COMMERCIAL ACTIVITIES AND OUTDOOR SALES" OF THE FRIENDSWOOD
CITY CODE TO UPDATE THE REGULATIONS PERTAINING TO TEMPORARY
OUTDOOR SALES ACTIVITIES, INCLUDING CONSOLIDATING THE
PROVISIONS FOR OUTDOOR SALES AND SPECIAL EVENTS; PROVIDING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT
OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY,PUBLICATION
AND AN EFFECTIVE DATE.
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WHEREAS, in accordance with the Friendswood City Code and all applicable laws,the Planning
and Zoning Commission and the City Council conducted public hearings concerning the amendments
contained herein to Appendix C "Zoning," of the Friendswood City Code included herein, allowing all
interested persons the opportunity to be heard;and
WHEREAS,after the public hearing on the application and after having considered the application,
the relevant support materials, and public testimony, the Planning and Zoning Commission filed a final
report and recommendation with the City Council to approve the proposed text amendments contained in
this ordinance; and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the City
Council has determined that all public notices have been posted and published and all required hearings on
this matter have been held;and
WHEREAS, the City Council further finds that this ordinance complies with the applicable
provisions of the City Charter,City Code and all other applicable laws;and
WHEREAS, the City Council deems it appropriate to approve the amendments contained herein;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF
TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct.
Section 2. That Appendix C "Zoning," Section 8 "Supplementary district regulations,"
Subsection M "Commercial activities and outdoor sales" of the Friendswood City Code is hereby renamed
as Subsection M"Commercial activities and temporary uses" and is amended to read as follows:
APPENDIX C. ZONING
Section 8. Supplementary district regulations.
M. Commercial activities and temporary uses.
1. Commercial activities.
a. Permanent structure required. Except as herein provided, every business
within the city must be operated out of a permanent, stationary, site-built
building.
b. Temporary construction structures. Temporary buildings and building
material storage areas to be used for construction purposes may be permitted
for a specific period of time in accordance with a permit issued by the
building official for a period not exceeding the period of construction.Upon
completion or abandonment of construction,such field offices and buildings
shall be removed at the owner's expense.
(1) Temporary construction structures may be placed on sites that have
been legally platted; or
(2) Temporary construction structures may be placed on undeveloped
sites upon city approval of infrastructure plans.
c. Temporary sales structures. Temporary buildings for temporary sales
offices, and temporary off-street parking areas, may be permitted in
conjunction with new home sales. Such uses shall be located on a platted
lot. Such structures and parking areas shall be removed when the
subdivision is sold out. One temporary sales office is permitted per builder
in a subdivision.
d. Businesses creating nuisance. Any business operating within a temporary
structure as authorized above that constitutes a public nuisance to the
surrounding neighbors or endangers public health,safety or welfare shall be
cited for nuisance violations under this Code and shall be required to cease
operations as directed by the building official,or other designee.
e. Portable buildings or structures.Portable buildings or structures,including,
but not limited to, cargo boxes or tractor-trailers, are not permitted for use
as commercial or business operations,provided,however,that such may be
used as accessory structures for storage for a main business. The number
and location of such structures are subject to a site plan review and approval
by the city community development department. Mobile homes or RVs are
not permitted to be used as accessory buildings.
f. Restroom facilities. Every business within the city must provide permanent
restroom facilities on-site available for use by the customers of that
particular business.These facilities may be located within the same building
as the business, or may be provided in an adjacent business with evidence
of a perpetual agreement for such with the owner of the adjacent business.
Restroom facilities shall be in compliance with all applicable state, county
and city building and health code provisions, including restroom facilities
for handicapped individuals, for the size and type of business to be
conducted at that location.
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2. Temporary outdoor uses.
a. For the purpose of this section,a"temporary outdoor use" is defined as the
display of any merchandise, service, product, or good outside of a
permanent structure for the purpose of sale, whether immediately or by
accepting orders and irrespective of where payment is made. Such use
may take place in required parking areas, invite outside vendors to the
property,and/or utilize off-site parking.
(1) 30-day permit. A thirty (30) day permit may be issued for the
temporary sale of holiday merchandise, such as pumpkins,
flowers,and Christmas trees.
(a) Number of permits. There shall not be more than three
permits issued per lot within a calendar year, nor shall
permits be allowed to run consecutively during two, 12-
month periods.
(b) Hours of operation. A permit for the temporary sale of
holiday merchandise shall be for a period not to exceed
30 consecutive calendar days.The temporary outdoor use
shall be allowed to conduct business no earlier than 9:00
a.m. and must close activities at official sundown,unless
the applicant shows adequate lighting on the site plan. All
outdoor activities must close by 10:00 p.m. The permittee
must remove all items, tents and materials used for the
conduct of the outdoor sales from the location not later
than 5:00 p.m.on the day after the final date of the permit.
However, any such permit issued for an activity
commencing on Friday, Saturday or Sunday immediately
preceding Thanksgiving shall be effective from that date
until 12:00 midnight, December 25 that year, and all
materials shall be removed by 5:00 p.m.,December 26.
(c) Mobile food and beverage units. Food trucks,concession
trailers,or similar vehicles selling food or drink items are
prohibited.
(2) 4-day permit. A four(4)day permit may be issued for short-term
temporary uses that include, but are not limited to, art and craft
shows,festivals, fairs, grand openings,and church bazaars.
(a) Number of permits. There shall not be more than six
permits issued per lot, within a calendar year, nor shall
permits be allowed to run consecutively during two, 12-
month periods.
(b) Hours of operation. A permit for a short-term temporary
use shall be for a period not to exceed four(4)consecutive
calendar days. The commercial or business activity shall
be allowed to conduct business no earlier than 9:00 a.m.
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and must close activities at official sundown, unless the
applicant shows adequate lighting on the site plan. All
outdoor activities must close by 10:00 p.m.The permittee
must remove all items, tents and materials used for the
conduct of the special event from the location not later
than 5:00 p.m.on the day after the final date of the permit.
(c) Mobile food and beverage units. Food trucks, concession
trailers, or similar vehicles selling food or drink items
may be permitted provided they possess a permit issued
by Galveston County Health District and/or Texas
Alcohol and Beverage Commission, whichever is
applicable.
b. Permit required. No person shall conduct temporary outdoor uses either
in the open or under a tent or other temporary cover within the city limits
without first obtaining a permit under this section. A copy of the permit
shall be conspicuously posted at or upon the entrance to the outdoor sales
activity at all hours during the approved dates of the activity.
c. Application for permit. Applications must be submitted a minimum of 30
days before the start date of the temporary outdoor use. Complete
applications will be granted or denied a minimum of seven (7) business
days before the start of the temporary outdoor use to allow the applicant
adequate time to promote the temporary use. A complete application shall
include:
(1) Name and contact information of the person conducting the
activity,
(2) Proposed location,
(3) Name and contact information of the property owner where the
use will take place,
(4) Description of the intended activity,
(5) Proposed dates for the temporary use,
(6) Number of anticipated attendees,
(7) Proof of insurance for the activity, in a minimum amount of
coverage as determined by the city council or required by law,
(8) Site plan showing the location of all activities that will take place
on the property including tents,temporary structures, food trucks
(for 4-day permits),restrooms,parking,trash receptacles,and any
other pertinent information,
(9) Lighting plan, if required by section 2.a.(1)b. or 2.a.(2).b.
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(10) Fire related items required by the International Fire Code,
(11) Written authorization for the use of offsite parking, if applicable,
and
(12) A copy of the activity's sales tax certificate.
Depending on the number of attendees,number of businesses involved,or
nature of the temporary use,the city may require the following:
(13) Security agreement with peace officers,
(14) Traffic control plan,
(15) Janitorial/clean-up service agreement and/or plan, or
(16) Health permits or state alcoholic beverage commission permits.
The appropriate city department may waive one or more of the above items
it deems unnecessary due to the nature of the temporary use and the
adequacy of existing infrastructure servicing the location.
d. Fee. The community development department shall charge and collect a
fee before issuance of a permit as determined in Appendix D.If the activity
ceases,closes,or is terminated for any reason prior to the expiration of the
permit, there shall be no refund of the above fee. The conducting of a
temporary use by a governmental entity,public utility,or tax-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 may be exempt from
the permit fee.
e. Rescheduling. Permitted temporary outdoor uses may be rescheduled one
time due to inclement weather or other reasonable reason.
f. Compliance required. Temporary outdoor uses will be allowed for
commercial or business purposes only at locations which are properly
zoned for the nature of commercial or business activity to be conducted at
that location. Further, all temporary outdoor uses must comply with the
setback requirements, parking requirements, noise ordinance, and other
standards in city ordinances. All tents or other coverings and materials
used for commercial and business purposes must otherwise comply with
all applicable fire, safety and other codes in effect during the dates of the
permitted activity.
g. Operating without a permit; false information. Any person or entity
conducting a temporary outdoor use for commercial or business purposes
without complying with this section, or who gives false, misleading or
incomplete information on an application, shall within one day of notice
of violation obtain the required permit for a fee in an amount which shall
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be triple the normal fee,or immediately cease and desist from all activity
covered by this article, and remove the temporary use from the premises
before midnight of that day.
h. Existing outdoor sales. Any person conducting outdoor sales as defined
above, on the effective date of the ordinance from which this appendix is
derived, must either apply for and receive a permit, or cease the use and
remove the activity no later than 5:00 p.m. on the seventh calendar day
after the effective date of the ordinance from which this section is derived.
i. Determination of number of permits. Permits issued the same calendar
year of the effective date of this ordinance shall be subject to the
limitations on the number of allowable permits for the calendar year.
3. Farmers'markets.For the purposes of this section, "farmers'markets"are defined
as an organized entity/operation, certified by the state department of agriculture,
that allows a group of food growers/manufacturers to market and sell their farm
produce and products in a specific location. The products would include herbs and
spices in their natural or dried state,vegetables,fruits,nuts,berries,grains,honey,
watermelons and other melons, and cantaloupes in their natural state as well as
farm produce, shelled peas or legumes, yard eggs and packaged foods processed
or manufactured by a vendor in a licensed food establishment and packaged and
labeled according to law.
a. No resale or craft items are allowed to be sold at farmers'markets.
b. In addition to the application and supporting documents listed in
subsection 2.(c)of this section,the applicant must also provide an issued
and approved county health district farmers'market and vendor permits.
c. Hours of operation.Farmers markets may be permitted for one weekend a
month(Saturday and Sunday only)for up to six months,from 8:00 a.m.to
6:00 p.m. At the closure of the market on Sunday, all market items must
be removed from the site,including display tables,tents,equipment,etc.
d. Food trucks,concession trailers, or similar vehicles selling food or drinks
may be allowed during the operation hours of a farmers'market.
4. Exemptions.
a. Outdoor displays of merchandise. Outdoor displays of merchandise by
retail businesses shall be allowed if the display involves items for sale by
a commercial retailer located within a permanent structure on the same
parcel. Such displays may not cover more than half of the width of the
pedestrian walkway between the storefront and the curb, nor impede the
minimum egress width required by code, whichever is greater.
b. 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 the application of this appendix for such period of
time as may be determined to be necessary for reconstruction of permanent
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structures.
c. Temporary uses. The conducting of temporary uses by the city shall be
exempt from the provisions of this section.
5. Signs. Signage shall comply with City of Friendswood Code of Ordinances,
Appendix A.
Section 3. A violation of this ordinance is subject to the penalty provisions contained in
Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall
intentionally,knowingly, recklessly, or with criminal negligence fail to comply with any provision of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation
and each day upon which any such violation shall occur shall constitute a separate offense.
Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 5. 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 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, or whether there be one or more parts.
Section 6. The City Secretary shall give notice of the enactment of this ordinance by promptly
publishing the caption of this ordinance after final passage in the official newspaper of the City.
Section 7. This ordinance shall take effect ten (10) days from and after its passage on first
reading by the City Council of the City of Friendswood,Texas. The City Secretary is directed to give notice
hereof by causing the caption of this ordinance to be published in the official newspaper of the City within
ten(10)days after its passage.
INTRODUCED, READ, AND PASSED on first and final reading by the affirmative vote of the
City Council of the City of Friendswood this 5th day of May,2025.
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MIKE FO'4 M• ,Mayor
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LETICIA BRYSCH,City Secret • *
APPROVED AS TO FORM: TOTE OF-c
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KAREN L.HORNER, City Attorney
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