HomeMy WebLinkAboutOrdinance No. 2013-36 (Title: An ordinance adopting revisions to Appendix C "Zoning," Section 8, "Supplementary District
Regulations," Subsection M. "Commercial Activities and Outdoor Sales," Subpart 2 "Outdoor Sales" by
adding a new Subparagraph K. "Farmers Markets"with associated definition and regulations for such use.)
ORDINANCE NO. 2013-36
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 8,
"SUPPLEMENTARY DISTRICT REGULATIONS,"
SUBSECTION M., "COMMERCIAL ACTIVITIES AND
OUTDOOR SALES," SUBPART 2 "OUTDOOR SALES," TO
ALLOW FOR FARMERS MARKETS, BY ADDING A NEW
SUBPARAGRAPH K. "FARMERS MARKETS," DEFINING
AND REGULATING SUCH USE; 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
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 add provisions to provide for, define and regulate "Farmers Markets", as hereafter
referenced, with the intent of facilitating orderly growth, development and regulations for the
protection of the health, safety and welfare of the public; 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, 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 8, "SUPPLEMENTARY DISTRICT REGULATIONS,"
SUBSECTION M., "COMMERCIAL ACTIVITIES AND OUTDOOR SALES,"
SUBPART 2., "OUTDOOR SALES," TO ALLOW FOR FARMERS MARKETS, BY
ADDING A NEW SUBPARAGRAPH K. "FARMERS MARKETS."
The City Code of Friendswood, Appendix C, "Zoning," Section 8, "Supplementary
District Regulations," Subsection M., "Commercial Activities and Outdoor Sales," Subpart 2.
"Outdoor Sales," is hereby amended to add a new subparagraph "k", "Farmers Markets" 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) Temporary construction structures. Temporary buildings and building
material storage areas to be used for construction purposes may be
Ord 2013-36 2
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.
(c) Temporary sales structures. Temporary buildings for temporary sales
offices, and temporary off-street parking areas, may be permitted in
conjunction with new home sales. Such uses shall be located on a platted
lot, 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. Such structures and parking areas shall be removed
when the subdivision is sold out. One temporary sales office is permitted
per builder in a subdivision.
(d) Businesses creating nuisance. Any business operating within a temporary
structure as authorized above that constitutes a public nuisance to the
surrounding neighbors or endangers public health, safety or welfare shall
be cited for nuisance violations under this Code and shall be required to
cease operations as directed by the building official, or other designee.
(e) Portable buildings or structures. Portable buildings or structures,
including but not limited to cargo boxes or tractor-trailers, are not
permitted for use as commercial or business operations. Provided,
however, that such may 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 city community development
department. Mobile homes or RVs are not permitted to be used as
accessory buildings.
(f) Restroom facilities. Every business within the city roust 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 may 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 city 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 city council may suspend this
ordinance for such period of time as may be determined to be necessary
for reconstruction of permanent structures.
2. Outdoor sales. For the purposes of this section, outdoor sales are defined as the
display outside of a permanent structure, for the put-pose of purchase by
consumers, whether immediately or by placing of orders, of any merchandise,
Ord 2013-36 3
services, products, or goods irrespective of whether payment for such is made
outdoors or in a permanent structure. Outdoor sales for commercial or business
purposes shall be allowed only under the following 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 city limits without first obtaining a permit under this
article.
(b) Application for permit. Any person desiring to conduct outdoor sales shall
apply to the building 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 by city council, or required
by law, and a copy 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 containing all information required by the zoning 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 regulatory oversight by other entities.
(c) Fee. The building department shall charge and collect a fee before
issuance of a permit, in an amount set by the city council. If the activity
ceases, closes, or is terminated for any 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 only at locations which are properly
zoned for the nature of commercial or business activity to be conducted at
that location. Further, all outdoor sales activities must comply with the
setback requirements, parking requirements and other standards in city
ordinances.
(e) Number of permits. There shall not be more than three permits issued to a
person or business, or for a location, within a calendar year, nor shall
permits be allowed to run consecutively during two, 12-month periods.
Permits shall be issued a minimum of 30 days apart.
(f) Hours of operation. A permit for outdoor sales shall be for a period not to
exceed 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 primary business
activity on the site and adequate lighting is provided on-site. [The]
perrnittee must remove all items, tents and materials used for the conduct
of the outdoor sales from the location not later than 5:00 p.m. of the day
after the final date of the permit. However, any such permit issued for an
Ord 2013-36 4
activity commencing on the Friday, Saturday or Sunday immediately
preceding Thanksgiving shall be effective from that date until midnight,
December 25 that year, and all materials shall be removed by 5:00 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 entrance to the outdoor sales activity at all hours during the approved
dates of the activity.
(i) Operating without a permit; false information. Any person or entity
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 day 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 than
5:00 p.m. on the seventh calendar day after the effective date of this
section.
(k) Farmers Markets. For the purposes of this section, farmers markets
are defined as an organized entity/operation, certified by the Texas
Department of Agriculture, that allows a group of food
growers/manufacturers to market and sell their farm produce and
products in a specific location. The products would include herbs and
spices in their natural or dried state, vegetables, fruits, nuts, berries,
grains, honey, watermelons and other melons, and cantaloupes in
their natural state as well as farm produce, shelled peas or legumes,
yard eggs and packaged foods processed or manufactured by a
vendor in a licensed food establishment and packaged and labeled
according to law.
No resale or craft items are allowed to be sold at farmers markets.
These markets must comply with subsections (a) — (d) and (g) — (i)
above, as well as the following.
In addition to the application and supporting documents listed in
subsection (b) of this section,the applicant must also provide:
1) security agreement with peace officers
2) traffic control plan
Ord 2013-36 5
3) county health district vendor's permit
4) ianitorial/clean up service agreement and/or plan
Hours of operation: Farmers markets may be permitted for one
weekend a month (Saturday and Sunday only) for up to 6 months,
from 8 am to 6 pm. At the close of the market on Sunday, all market
items must be removed from the site, including display tables, tents,
equipment, etc."
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, 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.
SECTION 6. NOTICE.
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.
Ord 2013-36 6
PASSED AND APPROVED on first reading this 7th day of October, 2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day
of November,2013.
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Kevin M. H land
Mayor
ATTEST:
VRIE
Melinda Welsh, TRMC .,� ®'
City Secretary N.
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Ord 2013-36 7