HomeMy WebLinkAboutOrdinance No. 2011-36 i
(Title: An ordinance adopting revisions and updates to Appendix C "Zoning," Permitted
Use Table, to allow uses for schools/instruction and child day care services in
"Neighborhood Commercial" Districts.)
ORDINANCE NO. 2011-36
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING", SECTION 7,
"SCHEDULE OF DISTRICT REGULATIONS,"
SUBSECTION 7.Q., "PERMITTED USE TABLE," BY
PROVIDING FOR THE ADOPTION OF AMENDMENTS
TO THE CITY'S ZONING ORDINANCE ALLOWING
NAICS USE #6116, "OTHER SCHOOL AND
INSTRUCTION" AND NAICS USE 96244, "CHILD DAY
CARE SERVICES," IN NEIGHBORHOOD COMMERCIAL
(NC) ZONING DISTRICTS; PROVIDING A PENALTY FOR
VIOLATION IN AN AMOUNT NOT TO EXCEED $2000, OR
AS OTHERWISE PROVIDED BY LAW; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH AND
PROVIDING FOR SEVERABILITY.
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WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances, specifically including Appendix C of the
Friendswood City Code, ("Zoning Ordinance") relating to land use and other circumstances;
which generally impact the health, safety and well-being of residents, citizens and inhabitants;)
and
WHEREAS, the City Council and the Planning and Zoning Commission of the City o
Friendswood have studied the present provisions of the Zoning Ordinance and have determine
the need to revise and update the provisions related to uses in the Neighborhood Commercial
District to allow school instruction and child day care services, to facilitate orderly growth of th
City and the protection of the health, safety and welfare of the inhabitants of the City of
Friendswood; and
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WHEREAS, the Planning and Zoning Commission of the City of Friendswood has
conducted a public hearing, received input from staff and has issued its final report
recommending the amendments referenced hereafter; and
WHEREAS, the Planning and Zoning Commission and the City Council have
conducted, a joint public hearing in the time and manner required by law; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. FINDINGS OF FACT.
That the facts and matters set forth in the preamble of this Ordinance are hereby found to
be true and correct.
Section 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX C,,
"ZONING", SECTION 7.Q., "PERMITTED USE TABLE,"
The City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of
District Regulations," Subsection 7.Q., "Permitted Use Table," is hereby amended by adding as I
permitted uses,NAICS use#6116, "Other school and instruction" and NAICS use#6244, "Child
day care services," in Neighborhood Commercial (NC) zoning districts, as shown on Exhibit
which is hereby made a part of this Ordinance.
Section 3. INCORPORATION INTO THE CODE,PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code.
Violation of this Ordinance is subject to the penalty section of said Code of Ordinance, Section
1-14 "General penalty for violations of Code; continuing violations". Any person who shall
willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall
Ord 2011-36 2
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-� be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not
L to exceed $2,000.00. Each day of violation shall constitute a separate offense.
Section 4. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 5. SEVERABILITY.
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, 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, whether there be one or more
t `} parts.
Section 6. NOTICE.
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The City Secretary shall give notice of the enactment of this Ordinance by promptl}
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 7th day of November ,2011.
PASSED, APPROVED, and ADOPTED on second and final reading this 51h day of
December,2011.
i
avr J. H. ith
Mayor
Ord 2011-36 3
ATTEST:
r pr1n a U OF fRIENpo
Melinda Welsh, TRMC o
City Secretary � � v
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P
�4rF OF
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Ord 2011-36 4
_ EXHIBIT "A"
-- -- "PERMITTED USE-TABLE"
SFR and MFR- MFR- MFR- MFR- MHR CSC NC LNC OPD DD PUD PUD-Mixed A- L1 I BP
• 1997 NAICS SFR-E GHD L M H Use 1
Adult entertainment business S S S
11 Agriculture, Forestry, Fishing and Hunting
�11 Crop production 0 0 0 0 S P P
1114 Greenhouse, nursery and floriculture production 0 0 S P P P P P
112 Animal production 0 0 0 0 S P P
113 Forestry and logging 0 0 S P P S P
1133 Logging 0 0 S P S S
114 Fishing, hunting and trapping 0 0 P
115 Support activities for agriculture and forestry 0 0 0 0 S EP
P1151 Support activities for crop production 0 0 0 0 S 0
L21 Mining
r�11 Oil and gas extraction I 1 0 0 S S S
212 Mining, except oil and gas I 1 0 0 1 1 1 1 S
213 Mining support activities I I 1 0 0 S S S
22 Utilities
22 Utilities—Alt subcategories 1 0 0 S P P P S
23 Construction
233 Building, developing and general contracting 0 0 0 0 S P P P P
234 Heavy construction 0 0 0 0 S I P P P S
235 Special trade contractors 1 0 0 1 0 0 S I P I I P P P
'I1.33 Manufacturing
311 Food manufacturing 0 0 S P S S S
312 Beverage and tobacco product manufacturing 0 0 S P S S S
313 Textile mills 0 0 S S S
314 Textile product mills 0 0 S P S S S
315 Apparel manufacturing 0 0 S P S S S
316 Leather and allied product manufacturing 0 0 S S P S
3161 Leather and hide tanning and finishing 0 0 S S
321 Wood product manufacturing 0 0 S S P S
322 Paper manufacturing 0 0 S S
123 Printing and related support activities P 0 P S P P P P
323110 Commercial lithographic printing S 0 S S P P P P
324 Petroleum and coal products manufacturing 0 0 S S S
325 Chemical manufacturing 0 0 S S S
325412 Pharmaceutical preparation manufacturing 0 0 S I P P P
326 Plastics and rubber products manufacturing 0 0 S S P
3262 Rubber product manufacturing 0 0 S - P
327 Nonmetallic mineral product manufacturing 0 0 S — P
331 Primary metal manufacturing 0 0. S — S
332 Fabricated metal product manufacturing 0 0 S S P
333 Machinery manufacturing 0 0 S S P S
334 Computer and electronic product manufacturing — — 0 S S I P I P P P
t�' 135 Electrical equipment, appliance and component 0 0 S P P P P
manufacturing
33591 Battery manufacturing 0 0 S —
336 Transportation equipment manufacturing 0 0 S S P
337 Furniture and related products manufacturing 0 0 S P S P
339 Miscellaneous manufacturing 0 0 S I P P S
3391 Medical equipment and supplies manufacturing tss 0 S S P P P P
42 Wholesale Trade
42 Wholesale trade—All subcategories I 1 0 0 S P P P P
94-45 Retail Trade
441 Motor vehicle and parts dealers 0 0 S P P P
44111 New car Dealers S 0 0 S P P P
44112 Used car Dealers S 0 0 S P P
441222 Boat dealers S 0 0 S P P P
1210 Recreational vehicle dealers I I S 0 0 S P P P
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441221 Motorcycle dealers S 0 0 1 P P
4413 Automotive parts, accessories and tire stores P S 0 0 S P I P P P
442 Furniture and home furnishing stores P I P 0 P S P P
443 Electronics and appliance stores P I P 0 P S P P
444 Building material and garden equipment and supply dealers P P 0 P S P P P P
445 Food and beverage stores P P P 0 P S P S S
F _,146 Health and personal care stores P P P 0 1 P S P I P I I P
447 Gasoline stations P P P 0 1 P S P P P
448 Clothing and clothing accessory stores P P P 0 P S P P
451 Sporting good, hobby, book and music stores P P 0 P S P P
452 lGeneral.merchandise stores P P P 0 P S P P P
453 Miscellaneous store retailers P P 0 P S P P P
4533 Used merchandise stores P P S P P P P
45393 Manufactured (mobile) home dealers 0 0
45399 All other miscellaneous store retailers P P P S P P P P
453991 Tobacco stores P P P S P
54 Nonstore retailers S S 0 P S P P P
4541 Electronic shopping and mail-order houses- P S P P P
4542 Vending machine operators 0 S P P P
45439 Other direct selling establishments 0 S P P P
45431 Fuel dealers 0 0 S P S 0
48.49 Transportation and Warehousing
481 Air transportation 0 0 S P
482 Rail transportation 0 0 S P S P S
483 Water transportation 0 0 S P S
484 Truck transportation 0 0 S P P P P
485 Transit and ground passenger transportation I S S 0 1 P S P S S S
`'186 Pipeline transportation S S S S S S S S S S S S P S S S S
487 Scenic and sightseeing transportation S 0 P S P P
488 Transportation support services S S 0 0 P P P
48841 Motor vehicle towing S 0 0 S P P P 0
491 Postal service P P 0 P S P P P P
492 Couriers and messengers P P 0 P S P P P
493 Warehousing and storage 0 S S P P P P
51 Information
�t: Publishing industries 0 P S P P PIP
J12 Motion picture and sound recording industries S O S S P P P P
513 Broadcasting and telecommunications S S 0 0 S P P P P
51333 Telecommunication resellers P P 0 P S P P P P
514 Information and data processing services P P 0 P S P P P
52 Finance and Insurance
52 Finance and insurance I I P P P P S P P P
522298 All other nondepository credit intermediation(Le. pawn S 0 P S P P P P
shops)
r120
Real Estate and Rental and Leasing
Real estate P PP P S P P P P
Lessors of nonresidential buildings (banquet and event center S P P P S P P P
—� use only)
53113 Lessors of miniwarehouse or self storage units P P S P P P P
532 Rental and leasing services P S O P S P P P P
533 Lessors of other nonfinancial intangible asset I P P P P S P I P P
54 Professional, Scientific and Technical Services
54 Professional, scientific and technical services I I P P I P P S P I P P
54138 Research, development and testing services S 0 S S P I I P P P
55 Management of Companies and Enterprises
5 Management of companies and enterprises—All subcategories P P P P S P P P
56 Administration/Support Waste Management/Remediation
Services
56 Administration/support waste management/remediation P P 0 P 5 P P P
services
56179 Other services to buildings and dwellings S 0 0 S P I P P P
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562 Waste management and remediation services 0 0 S P I S PIS
• 61 Educational Services
611 Educational services P P P S P S P P P
6111 Elementary and secondary schools S S S S S S S S 0 P S P S S S S
6112 Junior colleges S 0 P S P S S S P
" r113 Colleges, universities and professional schools S 0 P S P 5 S S P
6114 Business schools and computer and management training S 0 P S P S S S S
6116 Other school and instruction P P P S S P S P P P
62 Health Care and Social Assistance
621 Ambulatory health care services P P P I P S P P
622 Hospitals P 0 S S P P P
623 Nursing and residential care facilities S S 0 S S P
6233 Community care facilities P S S P
624 Social assistance P 0 P S P P
244 Child day care services S S S S P S P 0 P S P
P
71 Arts, Entertainment and Recreation
71 Arts, entertainment and recreation P 0 P S P P
7112 Sports teams, clubs, racetracks, other spectator sports S 0 0 S P P
7121 Museums, historical sites and similar institutions S S S S S S P S 0 P S P S S S S
7139 Other amusement and recreation industries S P P
72 Accommodation and Food Services
721 Accommodation I S 0 S S S I S S S
7212 RV (recreational vehicle) parks and recreational camps 0 S P S S
722 Food services and drinking places P P 0 P S P P P
7224 Drinking places (alcoholic beverages) S S 5 S
Y �
81 Other Services (Except Public Administration)
8111 Automotive repair and maintenance P S 0 S S P I P P
81112 Automotive body, paint, interior, and glass repair S S 0 S S P P P
8113 Welding shops S 0 0 S P P P P
8121 Personal care services P P P P P S P P P
8122 Death care services S S 0 S S P P S
81299 All other personal services P P P P S P P — P
813 Religious/ grantmaking/ civic/ professional/ similar P P 0 P S P
organizations
—' 131 Religious organizations S S S S S S P P P 0 P S P S
8134 Civic and social organizations S S S S S S P P S 0 P S P P P
814 Private households P P P P P P P P P
(a)
92 Public Administration
(
92 Public administration—All subcategories except 922 P 0 P S P P P
92214 Correctional institutions S
Residential Uses
Cluster housing P P P I I I P P
Mobile home parks P
-"� Model dwelling unit P P P P P P S P
Multifamily dwellings P P P P P(a) S P
Single-family dwellings P P S S S S P(a) S P P S S
Townhouses P P P P P
Two-family dwellings I P I I I I I I I I S P
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 P P P
Electrical substation S S S S
r...�` Electrical transmission line P P P P P P P P P P P P P P P P P
Home occupation P P P P P P P P P P
Private recreation facility P P P P P P P S P
Servants or caretaker quarters P P P P P P P P S P P P P
Swimming pool P P P P P P P P P P
Telephone exchange, switching relay or transmitting station S S I P I P I P I P I P P S P S S P P P P P
Utility business office I I I P P I P P S P I P P P
Utility service or storage yard or buildings I I I I I I S S P P P S
(a) 2nd floor and above
(b) Legend:
1. P—Permitted
2. S—Special Use Permit Required
3. O—Office Use Only
4. --Not Permitted
l Note:TBD-Number of parking spaces to be agreed on by applicant and City
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