HomeMy WebLinkAboutOrdinance No. 2010-11 (Title: An ordinance amending the zoning ordinance of the city by amending the permitted
use table to amend the permitted uses, descriptions and/or NAICS use numbers for:
medical equipment & supplies manufacturing, lessors of non-residential buildings
(Banquet and Event Center use only), accommodations, drinking places (alcoholic
beverages), single and multi-family dwellings in Downtown District on second floor, home
occupation and swimming pools in Agricultural District, and restricting where such uses
are permitted; correcting inconsistencies and typos in the current permitted use table and
adopting a new Permitted Use Table).
ORDINANCE NO. 2010-11
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
AMENDING THE PERMITTED USE TABLE CONTAINED IN SECTION
7-P TO AMEND THE PERMITTED USES, DESCRIPTIONS AND/OR
NAICS USE NUMBERS FOR: MEDICAL EQUIPMENT & SUPPLIES
MANUFACTURING, LESSORS OF NON-RESIDENTIAL BUILDINGS
(BANQUET AND EVENT CENTER USE ONLY), ACCOMMODATIONS,
DRINKING PLACES (ALCOHOLIC BEVERAGES), SINGLE AND
MULTI-FAMILY DWELLINGS IN DOWNTOWN DISTRICT ON
SECOND FLOOR, HOME OCCUPATION AND SWIMMING POOLS IN j
AGRICULTURAL DISTRICT, AND RESTRICTING WHERE SUCH
USES ARE PERMITTED; CORRECTING INCONSISTENCIES AND
TYPOS IN THE CURRENT PERMITTED USE TABLE AND ADOPTING
A NEW PERMITTED USE TABLE; 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 uses, descriptions and/or NAICS use
numbers for: medical equipment & supplies manufacturing, lessors of non-residential buildings
(Banquet and Event Center use only), accommodations, drinking places (alcoholic beverages),
single and multi-family dwellings in Downtown District on second floor, home occupation and
swimming pools in Agricultural District, and restricting where such uses are permitted; and
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 address numerous items
that have been approved via previous ordinances, but not incorporated into the current Permitted
Use Table, correct some descriptions and NAICS use numbers, and to correct inconsistencies;
and to adopt a new Permitted Use Table;
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 19`h 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 amending the
Permitted Use Table contained in Section 7-P by changing the designation of"permitted" (P)
under the Office Park District (OPD) district classification applicable to use category 3391,
"Medical equipment & supplies manufacturing,"to "office use only" (0), as depicted on Exhibit
"A"attached hereto and made a 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 Code,
and same also being the Zoning Ordinance of the City, is hereby amended by amending the
I
Permitted Use Table contained in Section 7-P by permitting NAICS use # 531120, "Lessors of
non-residential buildings (Banquet and Event Center use only)", in the Community Shopping
Center (CSC), Downtown District (DD), Planned Unit Development-Mixed Use (PUD-Mixed)
use), Light Industrial (LI) and Industrial (I) districts by adding the designation of"permitted"
(P), as depicted on Exhibit "A" attached hereto and made a part hereof for all purposes. Also,"
this use is permitted in the Planned Unit Development (PUD) district with a Specific Use Permit
(SUP) by adding an "S", as depicted on Exhibit "A" attached hereto and made a part hereof for
all purposes.
Ord.2010-11 2
Section 3. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19°i 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 amending the
I
Permitted Use Table contained in Section 7-P by changing NAICS use #721, "Accommodation"
to require a Specific Use Permit (SUP) in each of the zoning districts that the use is currently
"permitted" as shown by changing the "P" to an "S" in Community Shopping Center (CSC),
Downtown District (DD), Planned Unit Development — Mixed Use (PUD-Mixed Use), Light
Industrial (LI), Industrial (I) and Business Park (BP) districts, as depicted on Exhibit "A"
attached hereto and made a part hereof for all purposes.
Section 4. 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 Code,
and same also being the Zoning Ordinance of the City, is hereby amended by amending the;
Permitted Use Table contained in Section 7-P by changing the NAICS use #7224, "Drinking
places (alcoholic beverages)" to require a Specific Use Permit (SUP) in each of the zoning
districts that the use is currently "permitted" in by changing the "P" to an "S" in Neighborhood
Commercial (NC), Downtown District (DD), Planned Unit Development — Mixed Use (PUD
Mixed use), Light Industrial (LI) and Business Park (BP) districts, as depicted on Exhibit "A"
attached hereto and made a part hereof for all purposes.
Section 5. City of Fricndswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19°' day of November 1984, same being Appendix C of the Friendswood City Codel
and same also being the Zoning Ordinance of the City, is hereby amended by amending the
Permitted Use Table contained in Section 7-P by allowing Multi-family dwellings in the
Downtown District(DD) on the second floor by adding"P(a)" ("a"being the note that this use is
Ord.2010-11 3
Is ' . .
only allowed on the second floor), as depicted on Exhibit "A" attached hereto and made a part
hereof for all purposes.
Section 6. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19'h 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 amending the
Permitted Use Table contained in Section 7-P by allowing Single-family dwellings in the
Downtown District(DD) on the second floor by adding"P(a)" ("a"being the note that this use is
only allowed on the second floor), as depicted on Exhibit "A" attached hereto and made a part
hereof for all purposes.
Section 7. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally,
adopted the 1901 day of November 1984, same being Appendix C of the Friendswood City Code,;
i
and same also being the Zoning Ordinance of the City, is hereby amended by amending thel
Permitted Use Table contained in Section 7-P by allowing a Home Occupation in Agricultural
District (A-1) by adding a "P", as depicted on Exhibit "A" attached hereto and made a part)
I
hereof for all purposes.
Section 8. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19'h 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 amending th
Permitted Use Table contained in Section 7-P by allowing swimming pools in Agricultural
District (A-1) by adding a "P", as depicted on Exhibit "A" attached hereto and made a part
hereof for all purposes.
Section 9. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19'h day of November 1984, same being Appendix C of the Friendswood City Code,
Ord.2010-11 4
. s �
and same also being the Zoning Ordinance of the City, is hereby amended by amending the
Permitted Use Table contained in Section 7-P by permitting NAICS use # 531120, "Lessors of
non-residential buildings (Banquet and Event Center use only)", in the Neighborhood
Commercial (NC) district by adding the designation of"P," as depicted on Exhibit "A" attached
hereto and made a part hereof for all purposes.
Section 10. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originallyl
adopted the 19a' 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 amending the
Permitted Use Table contained in Section 7-P to show numerous items that have been approved
via previous ordinances, but not incorporated into the current Permitted Use Table and also to
correct some descriptions and NAICS use numbers and inconsistencies that exist in the current
Permitted Use Table, as depicted on Exhibit "A" attached hereto and made a part hereof for all
purposes.
Section 11. 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 Code,
and same also being the Zoning Ordinance of the City, is hereby amended by deleting the
Permitted Use Table contained in Section 7. "Schedule of district regulations", subsection P.
"Permitted uses" and by adopting a new Permitted Use Table, attached as Exhibit A to this
ordinance,to read and provide as follows:
"APPENDIX C ZONING*
Section 7. Schedule of district regulations.
Ord.2010-11 5
. s s
P. Permitted uses.
TABLEINSET:
SEE NEW TABLE*]
(a) 2nd floor and above. Density shall comply with that of SFR for single family
dwellings or MFR-M for Multi-family dwellings according to the Section 7.Q.2. Regulation Matrix
- Residential Districts.
(b) Legend:
1. P -- Permitted
2. S -- Special Use Permit Required
3. O -- Office Use only
4. ---- Not Permitted
Note: TBD - Number of parking spaces to be agreed on by applicant and City
Q. District area and height regulations.
1. No lot, parcel, premises or tract of land shall be created and no building
permit shall be issued for any request that does not meet the appropriate
minimum lot area, width, depth, yard and height regulations as set forth in the
tables labeled section 7-Q.2, Regulation Matrix.
2. (See Regulation Matrix.)"
* NOTE: Codifiers- please replace current table with the new table that is attached a
Exhibit A to this ordinance
i
Section 12. - Any person who shall violate any provision of this Ordinance shall b
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 13. 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,
Ord.2010-11 6
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;
1
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 SIh day of April, 2010.
PASSED,APPROVED, and ADOPTED on second and final reading this 19`h day of
April,2010. '
David J.H. S6h
Mayor
ATTEST
OF FR�ENps
4 �O
Melinda Welsh, TRMC
City Secretary
s
�qTF OF tf4�P9
Ord.2010-11 7
Exhibit A
(Ord. 2010-11)
- PUD-
SFR&'. MFR- Mixed
1997 NAICS SFR-E' GHD MFR-L MFR-M MFR-H MHR CSC NC LNC OPD DD PUD Use A-1 Ll I amendment comments
Adult Entertainment Business g
11 Agriculture,Forestry,Fishing and Hunting -- - _ -- - _ - _ -
111 Crop Production +
O O S P
1114 Greenhouse, Nursery&Floriculture Production O O S P R P
112 Animal Production O 0 S P P
Forestry and Logging O 0 S P P S I:.P;,
Logging 0 O, - S -�F S S'
114 Fishing, Hunting and Trapping ® O O P
115 Support Activities for Agriculture and Forestry O O: S P 1, P'
1151 Support Activities for Crop Production O 0-_ S P O
21 Mining
211 Oil and gas extraction O O S S S:
212 Mining,except oil and gas O O S
213 Mining support activities O 0 S S' S
22 Utilities - - -
22 Utilities-All Subcategories O O S P 'P,
23 Construction
233 Building,developing and general contracting O O S P 'P P':
234 Heavy construction O O S naPm P P
235 Special Trade Contractors O O: S P P
Manufacturing
311 Food manufacturing -O O. S S S-
312 Beverage and Tobacco product manufacturing NEW O O e S. P S -S:i
313 Textile mills O 0 S - 'S
314 Textile product mills O O S: - P S. - S"
315 Apparel manufacturing 0 0. .' S'
316 Leather and allied product manufacturing O O 'S' `S, 'P
3161 Leather and Hide tanning and finishing O O: S S'
321 Wood product manufacturing O O_ S S! P'..
322 Paper manufacturing O O,' -S.
323 Printing and related support activities O P S� P P
11
323110 Commercial Lithographic Printing - O S S: P P�"�
324 Petroleum and coal products mfg O O &' S '"S;1
. '-- —._-.....
SFR& 'MFR- " Mixed
1997 NAICS SFR-E GHD MFR-L MFR-M _MFR-H MHR CSC NC I LNC OPD DD PUD-PUD Use A-1 LI I amendment comments
325 Chemical manufacturing r O 0- W S'N UZ
326412 Parmaceutical Preparation Manufacturing 0 'O ;'. 'S-
326 Plastics and rubber products manufacturing O O
3262 Rubber Product Manufacturing O O ( S;'; 'aP
327 Nonmetallic mineral product manufacturing 0 O: i S "j i P 2008-16
331 Primary metal manufacturing 0 O '"S^ =_ S 2008-16
332-1• Metal4orgingsand-stampings 2008-16
3 Fabricated metal product manufacturing 'O O' 'S'_a t.S'[!'PR
Machinery manufacturing O a i' -SA f'S 1A
33 Computer&electronic product manufacturing O S 5-WIMI Ii, P PM 2008-16
335 Electrical equip.,appliance&component mfg O OI %`_S(,;_ -PI E
33591 Battery manufacturing O 0 F.-ISIS F am2008-16
336 Transportation equipment manufacturing O O
337 Furniture and related products manufacturing 0- O �"'5--;`,OJILPJ0S' P
339 Miscellaneous manufacturing O .. 01 S P DP21!
Staff recommends changing to"0"or"office only"in
OPD to be consistent with other manufacturing uses in
3391 Medical equipment&supplies manufacturing -O S S ! P P ` P{ OPD.
42 Wholesale Trade
42 Wholesale Trade-all subcategories O O _-S- P
44-45 Retail Trade
441 Motor vehicle and parts dealers - O O S. �� P L.P,`d
44111 New car dealers O 0 - -S'. `.<PP� : P ( P :
44 12 Used car dealers O O "-S P_ �P
2 Boat dealers ' O 0,- S. P [ P,;;2
7m=
4 10 Recreational vehicle dealers O O S::"',t P c9P
441221 Motorcycle dealers O CA, S- - P. R.P
4413 Automotive parts,accessories&tire stores ,, .."0 O S':�" �P ' P. P#,?
442 Furniture&home furnishing stores - 0 - P ,S: P
443 Electronics and appliance stores O P' . S,_? P , ,.MUM
444 Bldg material&garden equip&supply dealers O P i Si:`Je , P„f PO
45 Food and beverage stores P O P `:S:' ; S: ^F ' 2008-16
446 Health and personal care stores P O P 5'5
447 Gasoline stations P O P 'S=":7 P P' �,P
448 Clothing&clothing accessory stores P O
461 ISporting good,hobby,book&music stores O
452 1 General merchandise stores P 0 P•, i -S E'P^r'.'a
1
- - ----
PUD- __-�' ____.. ..........
SFR& MFR- Mixed
1997 NAICS SFR-E GHD MFR-L .MFR-M MFR-H MHR CSC NC LAIC OPD DD PUD Use A-1 Li I amendment comments.
453 Miscellaneous store retailers j♦ O ! P @I' 0 'P:: ; ;
4533 Used merchandise stores p s:,-.-!tip p TjPj
45393 Manufactured(mobile)home dealers ----0 _ O - -
45399 All other miscellaneous store retailers P tS't 9 jjjjjlr i p F p„s
453991 Tobacco stores p
_ e ram"
454 Non-store retailers O 11 P 17 SF_j INLPJE - ?T
4541 Electronic shopping&mail-order houses p S. _,1 p p
5 Vending machine operators 0 !SFINILPM
Other direct selling establishments O St-'tom
1 Fuel dealers O O, Sr '"ST
48-09 _ Transportation&Warehousing -
481 Air transportation - O O ' S.
482 Rail transportation j 10 0. S S k*P,. C
483 Water transportation _0 O - -S'
484 Truck transportation O O S' P i.'P';
485 Transit&ground passenger transportation - O P, S
486 Pipeline transportation WSW S S S S S S S S. S jjjjRpm I S S (: S'.
487 Scenic&sightseeing transportation 0 P S iiiiiiiiL r
488 Transportation support services O 0; i j P P '.
48841 Motor vehicle towing 0 0 - S. =Lpm I P .P 2008-16
491 Postal service " O - •P S P , P'
492 jCouders and messengers O P S, p P
493 Warehousing and storage O S 11 S P P P',
51 linformation
Publishing industries r -- 0-- P - & jt � P , P.;,;
5'jfr Motion picture&sound recording industries O S. i S P P ) P
513 Broadcasting and telecommunications O 0 S'=,;oPi P ,PS
51333 Telecommunication resellers O_ P S'
514 Information and data processing services ijjjjjj� _ _O P S P P ' .1
Be consistent&just make this a heading.Show all
52 Finance and Insurance R R R R S R R R subcategories below it.
52. Finance and insurance _ P P S P
All other nondepository credit intermediation (i.e. f
522298 Pawn shoes) iipi
P SI p ; Z53-- Real estate antl rental and leasing - _. _-._-_- _ _ ..,...-. _ _._,.,. "__...._ -531 Real estate
PUD- ., ..._...
SFR& MFR- Mixed
1997 NAICS SFR-E GHD MFR-L MFR-M 'MFR-H MHR .CSC NC LNC OPD DD .PUD Use A-1 : Ll. I amendment comments
Lessors of non-residential buildings (Banquet ' ' '�. 2007-11 only approved this use in SFR/SFR-E;Staff
531120 and Event Center Use Only) P S '' P IP recommendation for this use in other zoning districts
53113 Lessors of miniwarehouses or self storage units S!, -_p P.; ( P,,
532 Rental and leasing services i O F SI P '.P
533 Lessors of other nonfinancial intangible asset P_ P S, NEW :P- r,
54 - Professional,Scientific&Technical Services
Professional,Scientific&Technical Services P P` . S-" P add back in per Ord#2008-16&be consistent
8 Research,development&testing services 0 S S. =P P
55 Management of companies&enterprises _
Management of companies&enterprises-
55 all subcategories P P ` SI P -
� uj
56 Admin/Support Waste MgmURemediation Services
56 AdminlSupport Waste MgmURemediation Services O P S P add back in per Ord#2008-16&be consistent
56179 Other services to buildings and dwellings )` - O O' - S P add back in per Ord 2008-16
562 Waste management&remediation services ' O O SRa 8 -P ;
61 Educational services
611 Educational services P P S" SPA S P
6111 Elementary and secondary schools S S S S S -O P-• S, P S S
6112 Junior Colleges O P' S - P S S
6113 Colleges,universities and professional schools O P S.- S S k S;'Z;
Business schools&computer&management training 0 P S'. P S 5, ''S
Other school and instruction P S S', S P g`.'.120
x
62 -_ Health care and Social assistance
621 jAmbulatory health care services -P P S. P =
622 Hospitals _O S,. s'. mffP, P 1r-v.
623 Nursing and residential care facilities 0 S S'. ^'s
5233 Community care facilities VNPM S 'S'.. P
624 Social assistance O P Si- _ss 2008-16
6244 Child day care services S S S S P O P
71. Arts,entertainment and recreation _-
71 Arts,entertainment and recreation "O P S `°` add back in per Ord#2008-16&be consistent
- - -- -
PUD-
SFR& MFR- Mixed
1997 NAICS SFR-E GHD .MFR-L MFR-M MFR-H MHR CSC NC LNC OPD DD PUD Use A-1 LI 1 amendment comments
7112 Sports teams,clubs, racetracks,other spectator sports O 0 S� '
7121 Museums,historical sites&similar institutions LSD S S S S S O P S; 5.tr' S i S'.;_SO
7139 Other amusement and recreation industries
N
{
72 Accomodation and food services
2009-09;P&Z recommends requiring an SUP("S")in
721 Accomodation O R S S.'_' P S 4P,S all districts this use Is currently permitted in
,RV(Recreational Vehicle)Parks&Recreational Camps 0 _S' :. S ,'5;;: 2009-09
Food services and drinking places 0 P 'S' P
P&Z recommends requiring an SUP("S")in all districts
7224 Drinking places(alcoholic beverages) R S PIS I fi this use is currently permitted in
81 - - Other services(except Public Administration) -- _ - � _ - - "- - - -- - "- _ - -- - -
8111 Automotive repair and maintenance _ 0 S S �p P � P 7
81112 Automotive body,Paint, Interior,and Glass repair 0 S S- ' P P 2009-10
8113 Welding shops ;� 0 0 5. ,:LP" P .;.P.
8121 Personal care services P P P S P 2008-16&correct NAICS#
8122 Death care services O S S'; LPr' P correct NAICS#
81299 All Other personal services - P P S'-- P P 2008-16;correct NAICS#&correct description
813 Religious/Grentmaking/CivicJProf/Similar organizations -0 P ' Sr,. WP correct description
8131 Religious organizations LS10 S S S S S P _. O- P ,. -S: S <"
8134 Civic and social organizations LSE S S S S S S 0 P S' - P P
i
814 Private households LPM P P P P P(a):+ - 'LPr- P
92 Public Administration
Public Administration-
all subcategories except 922 0 P S: P P
92214 Correctional institutions
- Residential uses - - - - -- - u
Cluster housing P. P P__ __ ,P' .,LP,♦ -.z.`: -..
Mobile home parks P
Model dwelling unit LPG P P P P P S',: CL
Staff recommends adding"P(a)"in DD to allow MFR on
2nd floor. In addition,verbiage will be added to the DD
Multi-family dwellings ■ P P P P _ P(a) 5, to address allowed densities.
Staff recommends adding"P(a)"in DD to allow SFR on
2nd floor. In addition,verbiage will be added to the DD
Single-family dwellings P S ('S to address allowed densities.
PUD
SFR& MFR. Mixed
1997..NAICS SFR-E GHD MFR-L MFR-M :MFR-H MHR CSC NC LNC OPD DD :PUD Use i A-1 LI' I amendment comments _.
Townhouses P P P P
Two family dwellings P S, no-Pis
'Accessory residential uses - _ - - - - - - --
Accessory building structure or use P p p p p p
_.
Cable television transmission line P P p P P p P p P P P p p ..P.,_
Electrical substation S S S.
Electrical transmission line IWP� p I P p P P P -- P P P. p P p
Staff recommends permitting Home Occupation in A-1
Home Occupation P P P P P P P' P P because SFR are allowed in A-1.
Private recreation facility INIPM1 P I P P P P - P S, NKpPa
Servants or caretakers quartersl.P P P P P P P. P S, t P P
Staff recommends permitting swimming pools in A-1
Swimming pool p P P P P P P P P P because SFR are allowed in A-1.
Telephone exchange,switching relay or
transmitting station IMI S P P P P S P S: S. P P P
Utility business office P - P, S _ P P`
Utility service or storage yard or buildings S S. P 'P P
(a)2nd floor and above;density shall comply with that
of SFR for single family dwellings or MFR-M for Multi-family
dwellings according to the Section 7.Q.2.Regulation Matrix-
Residential Districts
(b)Legend -
1. P-Permitted
2. S-Special Use Permit required
3. O-Office use only ME _
4. _ -Not permitted(2008-16) - -