HomeMy WebLinkAboutOrdinance No. 2012-31 (Title: An ordinance adopting revisions and updates to Appendix C "Zoning," Permitted
Use Table, providing for the expansion of NAICS use #7139 by adding #713940, "Fitness
and Recreational Sports Center" as referenced in Exhibit"A".)
ORDINANCE NO. 2012-31
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 7,
"SCHEDULE OF DISTRICT REGULATIONS,"
SUBSECTION 7.P., "PERMITTED USES," SUBSECTION,
"PERMITTED USE TABLE," BY PROVIDING FOR THE
ADOPTION OF AMENDMENTS TO THE CITY'S ZONING
ORDINANCE, EXPANDING NAICS USE #7139, "OTHER
AMUSEMENT AND RECREATIONAL INDUSTRIES," BY
ADDING NAICS USE #713940, "FITNESS AND
RECREATIONAL SPORTS CENTER" TO THE
PERMITTED USE TABLE WITHIN THE FOLLOWING
LAND USE DISTRICTS: AS A USE BY RIGHT ("P") IN
THE "COMMUNITY SHOPPING CENTERS DISTRICT"
(CSC), "LIGHT INDUSTRIAL DISTRICT" (LI) AND
"INDUSTRIAL DISTRICT" (1); REQUIRING A SPECIAL
1 USE PERMIT ("S") IN THE "NEIGHBORHOOD
COMMERCIAL DISTRICT" (NC) AND "DOWNTOWN
DISTRICT" (DD); 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.
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
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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 of
Friendswood have studied the present provisions of the Zoning Ordinance and have determined
the need to revise and update the provisions related to uses by expanding NAICS #7139, "Other.
Amusement and Recreational Industries," by adding "Fitness and Recreational Sports Centers"
as NAICS #713940 to the "Permitted Use Table" as reflected therein, to facilitate orderly growth
of the City and the protection of the health, safety and welfare of the inhabitants of the City of
Friendswood; and
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,
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.P., "PERMITED USES," SUBSECTION, "PERMITTED USE
TABLE."
The City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of District
Regulations," Subsection 7.P., "Permitted Uses," Subsection "Permitted Use Table," is hereby
amended by adding as a separate permitted use, NAICS use #713940, "Fitness and Recreational
Sports Centers" as a use by right ("P") in the "Community Shopping Centers District' (CSC),
Ord 2012-31 2
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"Light Industrial District" (LI), and "Industrial District' (I), and requiring a Special Use Permit
("S") in the "Neighborhood Commercial District' (NC) and "Downtown District' (DD), by
inclusion in the "Permitted Use Table," as depicted in Exhibit "A" 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 of
Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such
Code under Section 1-14 "General penalty for violations of Code; continuing violations", and as
otherwise provided by law. Any person who shall willfully, intentionally, or with criminal
negligence violate 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 $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, Texasl,
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.
SECTION 6. NOTICE.
Ord 2012-31 3
The City Secretary shall give notice of the enactment of this Ordinance by promptly
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.
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PASSED AND APPROVED on first reading this 5th day of November,2012.
PASSED, APPROVED, AND ADOPTED on second and final reading this 3 d day
of December,2012.
Kevin M. and
Mayor
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ATTEST:
.OF FRIEIy�
Melinda Welsh,TRMC :U -O
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City Secretary
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Ord 2012-31 4
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Exhibit "A"
PERMITTED USE TABLE
1997 NAICS SFR MRF- MFR- MRF- MRF- MHR CSC NC LNC OPD DO A. L1! 1 BP
and GHD L M H 1
SRF-
E
71 Arts,Entertainment and Recreation
7139 Other amusement and recreation S P P
industries
713940 Fitness and Recreational Sports
Centers
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