HomeMy WebLinkAboutOrdinance No. 2000-33 ORDINANCE NO. 2 0 0 0-3 3
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 ADDING A NEW
5UBSECTION M. OF SECTION 8, COMMERCIAL ACTIVITIES AND
OUTDOOR SALES; 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. Appendix C of the Fri�n��swood City Code, same being city of Friendswood,
Texas, Ordinance No. 84-15, as amended, originally passed and approved the 19th day of November,
1984, and being the Zoning Ordinance of the City, is hereby further amended by adding the following
new subsection M to Section 8 thereof as follows:
M. Commercial Activities and Outdoor Sales
1. Commercial activities.
(a) Permanent Structure Required. Except as herein provided, every
business within the City must be operated out of a permanent,
stationary, site-built building.
(b) TernpoYary cor_s.*rri;�tion structures. Temporary buildings and
building material stora�e areas to be used for construction purposes
may be permitted for a specific period of time in accordance with a
permit issued by the building official for a period not exceeding the
period of construction. Upon completion or abandonment of
construction, such field offices and buildings shall be removed at
the owner's expense. Such uses shall be located on a platted lot,
and may not be placed on-site until improvements are accepted by
the Council, or in the case of developed sites where improvements
exist, until a permit is issued.
Commercial and Outdoor Sales Regulations Revised
Page 1 Sept. 19, 2000
(c) Temporary sales structures. Temporary buildings for temporarv
sales offices, and temporary off-street parking areas, ma be
permitted in conjunction with new home sales. Such uses shall be
located on a platted lot, mav not be placed on-site until
improvements are accepted by the Council, or in the case of
developed sites where improvements exist, until a permit is issued.
Such structures and parking areas shall be removed when the
subdivision is sold out. One temporarv sales office is permitted
per builder in a subdivision.
(d) Businesses creating nuisance. Anv business operating within a
temparary structure as authorized above that constitutes a public
nuisance to the surroundin� neighbors or endan�ers public health,
safety or welfare shall be cited for nuisance violations under this
Code and shall be required to cease operations as directed bv the
Buil�ing Official, or other desi�nee.
(e) Portable buildings or structures. Portable buildings or structures,
includin� but not limited to cargo boxes or tractor-trailers, are not
permitted for use as commercial or business operations. Provided,
however, that such mav be used as accessory structures for storage
for a main business, The number and location of such structures
are subject to a site plan review and approval by the Cit of
Friendswood Community Development Department. Mobile
homes or RVs are not permitted to be used as accessorv buildings.
(fl Restroom Facilities. Everv business within the City must provide
permanent restroom facilities on-site available for use by the
customers of that particular business. These facilities may be
located within the same building as the business, or ma be
provided in an adjacent business with evidence of a perpetual
agreement for such with the owner of the adjacent business.
Restroom facilities shall be in compliance with all applicable state,
county and citv building and health code provisions, including
restroom facilities for handicapped individuals, for the size and
type of business to be conducted at that location.
(g) Exceptions
In the event of a natural disaster (e.g. flood, hurricane), or other
catastrophic loss (e.g., fire), the Citv Council ma suspend this ordinance
for such period of time as may be determined to be necessarv for re-
construction of permanent structures.
2. Outdoor Sales
Commercial and Outdoor Sales Regulations Revised
Page 2 Sept. 19, 2000
For the purposes of this Section, outdoor sales are defined as the displav
outside of a permanent structure, for the purpose of purchase b
consumers, whether immediatelv or bv placing of arders, of anv
merchandise, services, products, or goods irrespective of whether pavment
for such is made outdoors or in a permanent structure. Outdoor sales for
commercial or business purposes shall be allowed onlv under the
followin�conditions and procedures:
(a) Permit required. No person shall conduct outdoor sales either
in the open or under a tent or other temporary cover for commercial
or business purposes within the cit limits without first obtainin� a
permit under this article.
(b) Application for permit. Anv person desiring to conduct
outdoor sales shall apply to the buildin� office for a permit. The
application shall state: the name of the person conducting the
activity; the proposed location; the name of the owner of the
property where the sales are to be located; the nature of the
intended activity; and the proposed dates of use; and other pertinent
information on the form. Proof of insurance for the activity, in a
minimum amount of coverage as determined bv citv council, or
required by law, and a copv of the activity's sales tax certificate
shall also be submitted prior to issuance of a permit A site plan
shall also be submitted to city staff containin� all information
required bv the zonin� ordinance for administrative review The
city reserves the right to require additional information or
verifications, such as health permits, depending upon the type of
business and regulato oversight by other entities.
(c) Fee. The buildin� department shall char�e and collect a fee
before issuance of a permit, in an amount set b the citv council If
the activity ceases, closes, or is terminated for an reason prior to
the expiration of the permit, there shall be no refund of the above
fee
�d) Zoning compliance required. Outdoor sales will be allowed for
commercial or business purposes onlv at locations which are
properly zoned for the nature of commercial or business activitv to
be conducted at that location. Further, all outdoor sales activities
must complv with the setback requirements, parking requirements
and other standards in City ordinances
(e) Number of permits. There shall not be more than three (3)
permits issued to a person or business, or for a location, within a
calendar vear, nor shall permits be allowed to run consecutively
Commercial and Outdoor Sales Regulations Revised
Page 3 Sept. 19, 2000
during two twelve month periods. Permits shall be issued a
minimum of thirty(30) days apart.
(fl Hours o f Operation A permit for outdoor sales shall be for a
period not to exceed fifteen (15) consecutive calendar days. The
commercial or business activity shall be allowed to conduct
business no earlier than 9:00 a.m., and must close activities no later
than 10•00 p m, or until dark (official sundown) whichever comes
first, unless the applicant shows adequate lighting on the site plan
or it is an outdoor sales activity related to the primarv business
activitv on the site and adequate lighting is provided on-site.
Permittee must remove all items, tents, and materials used for the
conduct of the outdoor sales from the location not later than 5:00
o'clock p m of the day after the final date of the permit. However,
anv such permit issued for an activity commencing on the Friday,
Saturdav, or Sunday immediatelv preceding Thanksgiving shall be
effective from that date until midnight, December 25 that vear, and
all materials shall be removed by 5:00 o`clock p.m.,December 26_
(g) Compliance with all codes. All tents or other coverings and
materials used for commercial and business purposes must
otherwise comply with all applicable fire, safety, and other codes in
effect during the dates of the permitted activity.
(h) Posting. A copy of the permit shall be conspicuously posted
at or upon the er�tr�nce to the outdoar sales activity at all hours
during the approved dates of the activity.
(i) Operating without a permit; False infoYmation. Any person or
entitv conducting outdoor sales for commercial or business
purposes without complying with this article, or who gives false,
misleading, or incomplete information on an application, shall
within one (1) dav of notice of violation obtain the required permit
for a fee in an amount which shall be triple the normal fee, or
immediately cease and desist from all activity covered by this
article, and remove the outdoor sales activity from the premises
before midnight of that day.
�j) Existing Outdoor Sales Any person conducting outdoor sales
as defined above on the effective date of this ordinance must either
apply for and receive a permit, or cease the use and remove the
activity no later thar. 5:00 o'clock p.m. on the seventh(7t ) calendar
day after the effective date of this Section.
Commercial and Outdoor Sales Regulations Revised
Page 4 Sept. 19, 2000
(k) Exemptions This article shall not apply to:
(1) Charitable or non-profit events. The conducting of outdoor
sales or commercial activity by a governmental entity, public
utility, or tax exempt not-for-profit organization formed for
education, philanthropic, scientific, or religious purposes, where
any proceeds and profits are designed to be contributed to such
entity conducting the activiry, or where the activity occurs on
property owned by a governmental entity. However, such entities
and organizations shall comply with all other ordinances and laws
applicable to their activity, and no such activities shall be allowed
on the public rights of way.
(2) Outdoor displays of inerchandise. Outdoor displays of
merchandise by retail businesses shall be allowed if the display
involves items for sale by a commercial retailer located within a
permanent structure. Such displays may not cover more than half
of the width of the pedestrian walkway between the storefront and
the curb, unless other accommodations for pedestrian travel
satisfactory to the building official are made. A permit shall be
required for the placement of outdoor sales activities or items
within any parking lot, and a permit shall not be granted if the
proposed area eliminates required parking areas. Provided,
however, that special events shall be exempt from this latter
provision, where emergency access and parking is approved bv the
building official in advance of the event. For the purposes of this
section, "special event" is defined as a temporary outdoor use on
private property that extends beyond the normal uses and standards
allowed by the zoning ordinance of the citv and which runs not
longer than four days. Special event includes, but is not limited to,
art shows, sidewalk sales, pumpkin and holiday sales, festivals,
craft shows, and church bazaars.
(3) Suspension in the event of disaster or loss. In the event of a
natural disaster• (e.g. flood, hurricane), or other catastrophic loss
(e.g., fire), the City Council may suspend this ordinance far such
period of time as may be determined to be necessarv for re-
construction of permanent structures.
Section 2. Except as otherwise herein expressly amended, all other provisions of Appendix C
of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning
Ordinance of the City, Ordinance No. 84-15, originally adopted the 19th day of November, 1984, as it
may have been previously amended, remain unchanged and in full force and effect.
Commercial and Outdoor Sales Regulations Revised
Page 5 Sept. 19, 2000
Section 3. Any person who shall 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. Each day of
violation shall constitute a separate offense.
Section 4. 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 ar 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 parts.
PASSED AND APPROVED on first reading this25th day of September , 2000.
PASSED, APPROVED, and ADOPTED on second and final reading this 16th day of
October , 2000.
,
arold L. Whitaker
Mayor
ATTEST:
�
. .
Deloris McKenzie, T C
City Secretary
MOTION: Councilmember Mel Drteaseles
2ND: Councilmember Kim Brizendine
APPROVED: Unanimously
Commercial and Outdoor Sales Regulations Revised
Page 6 Sept. 19, 2000