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HomeMy WebLinkAboutOrdinance No. 2010-37 1 (Title: An ordinance amending the zoning ordinance of the City by expanding the, boundaries of the Community Overlay District by providing that the boundaries of the Community Overlay District shall include non-residential properties located within 300; feet of the right-of-way and if any portion of a non-residential property is within 300 feet, the entire tract shall be subject to Community Overlay District requirements.) ORDINANCE NO. 2010-37 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 7.5 "COMMUNITY OVERLAY DISTRICT" BY AMENDING SUBSECTION (2) BY EXPANDING THE BOUNDARIES OF THE COMMUNITY OVERLAY DISTRICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. 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 Appendix C and the zoning ordinance of the city, is hereby amended by amending Section 7.5, subsection 2 to read and provide as follows: "Section 7.5 Community overlay district. 2. Boundaries. [These afeas designated a .,:dii the GOP shall extend parallel along-the a.entage of....el. tfaet along the a.e .,.. gh f .e and extend 300 feet or to the Fe e f ti e . pe ,,e..vihiee_ :.. ,a,..e ' The boundary of the COD shall be parallel to the thorouehfaze right-of- way to include non-residential properties within 300 feet from the right-of-way. If any vortion of such property is within 300 feet, the entire tract is subject to the COD requirements. 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 on 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 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 6th day of December, 2010. PASSED, APPROVED, AND ADOPTED on second and final reading this 10`' day of January,2010. I i Davi�Smithy Mayor ATTEST: �0F FRtENos ( � � Melinda Welsh,TRMC � City Secretary s � r�TE OF t�� r A Ord 2010-37 2