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HomeMy WebLinkAboutOrdinance No. 2025-16 ORDINANCE NO. 2025-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING APPENDIX A "SIGNS," SECTION 1 "DEFINITIONS" OF THE FRIENDSWOOD CITY CODE TO ADD A DEFINITION OF A "TEMPORARY OUTDOOR USE SIGN"; AND AMENDING APPENDIX A "SIGNS," SECTION 15 "TEMPORARY SIGNS" OF THE FRIENDSWOOD CITY CODE TO ADD A NEW SUBSECTION NUMBERED AND ENTITLED SUBSECTION (E-1) "TEMPORARY OUTDOOR USE SIGNS" IN ORDER TO ALLOW TEMPORARY SIGNS TO ADVERTISE FOR A PERMITTED TEMPORARY OUTDOOR USE; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE. ************************************************************************************** WHEREAS,at its Council meeting on January 6,2025,the City Council heard from citizens concerning a desire for the City to amend its regulations to permit certain temporary outdoor uses; and WHEREAS, at that time, the City staff was already working on some possible amendments to the Friendswood City Code; and WHEREAS, at its meetings on February 13, 2025, and March 13, 2025, the Planning and Zoning Commission discussed proposed amendments to the City's Zoning Ordinance and/or Sign Code to address the citizens'concerns; and WHEREAS, on April 10, 2025, the Planning and Zoning Commission will be considering proposed amendments to the City's Zoning Ordinance, which will update the regulations concerning the permitting and regulations of temporary outdoor uses hosted by a business owner; and WHEREAS,thereafter the Planning and Zoning Commission will submit its report to the City Council; and WHEREAS,the proposed amendments to the Zoning Ordinance work in tandem with the amendments to the Sign Code included herein; and WHEREAS, the City Council desires to add an exception in the City's Sign Code to allow temporary signs for permitted temporary outdoor uses, as contemplated in the aforementioned amendments to the City's Zoning Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. That the facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. That the Appendix A "Signs," Section 1 "Definitions" of the Friendswood City Code is hereby amended to add the definition of"temporary outdoor use sign,"which definition shall read as follows: Appendix A SIGNS Sec. 1. Definitions. The following words, terms and phrases, when used in this appendix, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Temporary outdoor use sign is a temporary sign associated with a temporary outdoor use, as deemed in Appendix C, Section 8, Subsection M,Paragraph 2, Subparagraph a,for which a permit has been issued by the city. Section 3. That Appendix A "Signs," Section 15 "Temporary signs" of the Friendswood City Code is hereby amended to add a new subsection to be numbered and entitled subsection (e-1) "Temporary outdoor use signs," which subsection definition shall read as follows: Appendix A SIGNS Sec. 15. Temporary signs. e-1. Temporary outdoor use signs.Temporary outdoor use signs that are on private property,but are visible from a street or roadway, are permitted subject to the following: (1) Allowed. Temporary outdoor use signs that direct the public to a permitted outdoor temporary use. (2) Limit. One (1)banner or six (6) temporary outdoor use signs are allowed in conjunction with an approved thirty(30)-day or four(4)-day temporary outdoor use permit. (3) Size. A banner shall not exceed thirty-two square feet(32 ft2). A temporary outdoor use sign shall not exceed two square feet(2 ft2). (4) Permits. Not required. (5) Location. Temporary outdoor use signs may be located on the parcel where the permitted temporary outdoor use will take place and on parcels where off-site parking will be provided. No temporary outdoor use signs shall be placed in the city rights-of-way. (6) Timing. Banners for temporary outdoor uses and temporary outdoor use signs may be placed on the property where the use will take place up to seven (7) days prior to the start date. Temporary outdoor use signs for off-site parking will be allowed only on the actual days permitted for the temporary use. All banners and signs must be removed at the end of the temporary use. Section 4. 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 FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. Section 5. That all ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 6. In the event any section,paragraph,subdivision,clause, phrase,provision, sentence,or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional;and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same 2 notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,or whether there be one or more parts. Section 7. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 8. This ordinance shall take effect ten(10)days from and after its passage on second and final reading by the City Council of the City of Friendswood, Texas. The City Secretary is directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City within ten (10) days after its final passage. INTRODUCED, READ AND PASSED on first reading by the affirmative vote of the City Council of the City of Friendswood on this the 7th day of April,2025. /11 .li AO IKE 4 RE •N,Mayor ATT$ : I • 8 �OF FRIEiy�61 liPi.1! iltilir LE ICIA BRYSCH,City Secretary * •t C7 APPROVED AS TO FORM: �F O F TE 1 ,.cot. KAREN L. HORNER,City Attorney INTRODUCED, READ AND PASSED on second and final reading by the affirmative vote of the City Council of the City of Friendswood on this the 5th day of Ma ,2025. IILdA 1.1- 1L_ . M KE FO;. MA . Mayor ATM:-t:- : A _. J# . . aaaMk WENDS LE ICIA BRYSCH,City Secret. - �� . �00 i. �. 'IC APPROVED AS TO FORM: C.-.3 ( givuptcbc) ts,T-1TEof" '-- KAREN L. HORNER, City Attorney H:\City Council\Ordinances\2025\04-7-2025\Ordinance-Temporary Outdoor Use Signs.docx 3