HomeMy WebLinkAboutOrdinance No. 2013-45 (Title: An ordinance amending Appendix C "Zoning," Section 200 — "Definitions,"
paragraph G, "Child care center," by revising such definition and adding new definitions
in subparagraph GA, "Registered child care home" and G.2, "Licensed child care home";
revising paragraph P, "Home Occupations" to correspond with such revisions; and
revising Section 7, "Schedule of District Regulations," Paragraph P.2. "Permitted Use
Table" for such uses as referenced in Exhibit "A".)
ORDINANCE NO. 2013-45
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 20.
"DEFINITIONS," PARAGRAPH G. "CHILD CARE
CENTER," BY REVISING SUCH DEFINITION AND
ADDING NEW RELATED DEFINTIONS IN
SUBPARAGRAPH G.1., "REGISTERED CHILD CARE
HOME" AND SUBPARAGRAPH G.2., "LICENSED CHILD
CARE HOME; REVISING PARAGRAPH P., "HOME
OCCUPATION" TO CORRESPOND WITH SUCH
REVISIONS; REVISING SECTION 7, "SCHEDULE OF
DISTRICT REGULATIONS," PARAGRAPH P.Z.,
"PERMITTED USE TABLE," NAICS USE #6244, "CHILD
CARE CENTER," AS A USE BY RIGHT ("P") WITHIN
DISTRICTS "CSC", "NC", "LNC" AND "DD", WITH
OFFICE USE ONLY (64099) IN "OPD", REMOVING SUCH
USE IN ALL "MFR" AND "MHR" DISTRICTS,
ALLOWING "REGISTERED OR LICENSED CHILD CARE
HOMES" AS A USE BY RIGHT ("P") IN "SFR" "SFR-E"
AND MFR-GHD DISTRICTS ONLY; 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 revise and update the provisions related to NAICS #6244, "Child Care Center" by
revising the definitions and expanding such use definition to add"Registered Child Care Home",
and "Licensed Child Care Home to the "Permitted Use Table, as reflected herein, to facilitate
the 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, 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 20. "DEFINITIONS," PARAGRAPH G. "CHILD CARE
CENTER," BY REVISING SUCH DEFINITION, ADDING NEW SUBPARAGRAPH G.I.
"REGISTERED CHILD CARE HOME", AND SUBPARAGRAPH G.2. "LICENSED
CHILD CARE HOME".
The City Code of Friendswood, Appendix C, "Zoning," Section 20. "Definitions,"
paragraph G. "Child Care Center" is hereby amended by revising such definition and adding new
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subparagraphs G.I. "Registered Child Care Home" and G.2. "Licensed Child Care Home" as
follows:
"G. Child care center. [Any inee, home or stitation. hieh . plies with state rules,
regulations, and mandates per-taining to home care faeffifies in regard to ehildr-en undeir the
years,age of 16 apart ffem their pairents, guardian, or eustodian for regular periods o
time eatapensation; provided,however,that the to "ehila. eare eenter" shall not
inelude or apply to bona fide > > e1fl–Aren related by blood or
religious ma riage within the third degree of the custodial per-son, or ehurehes and other-
publie institutions •,^ for children within institutional buildin t A child-care
facility that is licensed to care for seven or more children for less than 24 hours per day, at
a location other than the permit holder's home (pursuant to Texas Administrative Code,
Title 40, Part 19, Chapter 746). Compliance with all applicable state regulations is
required. A child care center shall also obtain a certificate of zoning compliance pursuant
to Section 9.D., ("Administration and enforcement—Building permits and certificates of
zoning compliance").
G. 1. Registered Child Care Home-In a registered child-care home,the registered primary
caregiver provides care in the caregiver's own residence for not more than six children
from birth through 13 years, and may provide care after-school hours for not more than
six additional elementary school children. The total number of children in care at any
given time,including the children related to the caregiver, must not exceed 12 (pursuant to
Texas Administrative Code, Title 40, Part 19, Chapter 747). Compliance with all
applicable state regulations is required. A registered child care home shall also obtain a
certificate of zoning compliance pursuant to Section 9.D. of this ordinance.
G.2. Licensed Child Care Home- The total number of children in care varies with the ages
of the children, but the total number of children in care in a licensed child-care home at
any given time, including the children related to the caregiver, must not exceed 12,
(pursuant to Texas Administrative Code, Title 40,Part 19, Chapter 747). Compliance with
all applicable state regulations is required. A licensed child care home shall also obtain a
certificate of zoning compliance pursuant to Section 9.D. of this ordinance."
SECTION 3. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX C,
"ZONING", SECTION 20. "DEFINITIONS," PARAGRAPH P. "HOME
OCCUPATIONS" TO CORRESPOND WITH REVISIONS CONTAINED IN
PARAGRAPH G., G.1., AND G.2.
The City Code of Friendswood, Appendix C, "Zoning," Section 20. "Definitions,"
paragraph P., "Home Occupations"is hereby amended as follows:
"P. Home occupation. Any occupation or activity conducted within a residential or dwelling
unit which is clearly incidental and subordinate to the use of the premises for residential or
dwelling purposes;provided that:
1. No retail business of any sort is involved.
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2. No stock in trade is kept nor commodities sold except those made or used on the premises.
3. Only members of the family residing on the premises are employed.
4. No internal or external alterations, special construction, or features are involved.
5. There is no advertising of any type on the premises and no other display or storage of
materials or exterior identification of the home occupation or variation from the residential
character of the main building or any accessory building; however, advertising of the home
occupation by published or printed matter is allowed.
6. No equipment is used which creates offensive noises, vibrations,sound, smoke or dust, odors,
heat, glare, X-ray or electrical disturbances to radio or television.
7. Vehicles in conjunction with the home occupation must be able to be parked completely in
the driveway of the resident without blocking the sidewalk.
8. The home occupation must not change the character of the residential area.
9. Repair of racing automobiles shall not be permitted.
10. [ , is not recognized as a home
eeeupation..} A registered child care home or licensed child care home as defined in
subsections G.1. and G.2. above are not recognized as home occupations. These
establishments shall obtain a certificate of zoning compliance pursuant to Section 9.D. of
this ordinance.
11. A personal care facility as defined in subsection I K., section 20, is not recognized as a
home occupation.
12. The use of off-site personal services at a residence, such as lawn care, maid services, etc.,
does not constitute a home occupation and is not limited by this ordinance."
SECTION 4. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX C,
"ZONING", SECTION 7. "SCHEDULE OF DISTRICT REGULATIONS,"
PARAGRAPH P., "PERMITED USES," SECTION 2. "PERMITTED USE TABLE."
The City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of District
Regulations," Paragraph P., "Permitted Uses," Section 2. "Permitted Use Table," is hereby
amended by including NAICS USE 46244, "Child Care Center" as a Use by Right ("P") within
Districts denoted as Community Shopping Center District ("CSC"), Neighborhood Commercial
District ("NC"), Local Neighborhood Commercial District ("LNC") and Downtown District
("DD"), with Office Use Only ("O") in Office Park District ("OPD"), removing such use in
Multiple-Family Residential ("MFR") and Mobile Home District ("MW'); allowing
"Registered or Licensed Child Care Homes" as a Use by Right ("P") in Single-Family
Residential ("SFR") Single Family Residential Estate("SFR-E") and Garden Home Residential
("MFR-GHD") Districts only, by inclusion in the "Permitted Use Table," as depicted in Exhibit
"A"which is hereby made a part of this Ordinance.
SECTION 5. 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
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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 6. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or pails of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
SECTION 7. 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 8. 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.
PASSED AND APPROVED on first reading this 4 1 day of November, 2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this 2"d day of
December,2013.
Kevin M. Holl d
Mayor
ATTEST: • °° ,
°' FRIE
C
Melinda Welsh,TRMC ;* :0 .
City Secretary ° N'•, qo
.S °
Exhibit "A"
PERMITTED USE TABLE
SFR MFR- MFR- MFR- MFR- MHR CSC NC LNC OPD DD A- LI I BP
And GHD L M H 1
SFR-
E
6244 Child Day S 8 S S P P P O P
Care
Services
C( hild
Care
Center
6244 Child Day P P
Care
Services
(Registered
or
Licensed
Child Care
Homes