HomeMy WebLinkAboutOrdinance No. 2015-04 (Title: An ordinance amending Appendix C "Zoning," Section 20, "Definitions, Paragraph
P. "Home Occupation" by amending and updating the definition of such term.)
ORDINANCE NO. 2015-04
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
SECTION 20, "DEFINITIONS", PARAGRAPH P. "HOME
OCCUPATION" TO REVISE AND UPDATE THE
DEFINITION OF SUCH TERM; 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 wishes to update and revise the definition of "home
occupation" as reflected herein, to facilitate the orderly growth of the City and for the protection
of the health, safety and welfare of the inhabitants of the City of Friendswood; 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.
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 P. "HOME
OCCUPATION"ADOPTING A REVISED AND UPDATED DEFINITION.
The City of Friendswood Code of Ordinances, Appendix C "Zoning", Section 20,
"Definitions", Paragraph P. "Home Occupation" is hereby amended by revising and adding
provisions thereto as provided hereafter.
"P. Home occupation. An[y] occupation or [ae ivity
a..�' ] profession engaged in by the occupants of a dwelling the conduct of
which does not result in the dwelline being identified as a business by the external and
objective evidence of a business, such as signs, displays, deliveries continuous or repetitive
traffic (rather than occasional or sporadic traffic) generated by the home occupation or by
regular gatherings of clients or customers for business purposes Home occupations are a
permitted use in accordance with this section, provided that:
1._'T'e retail b iii,ess of an), sett is invo1..,�] The occupation or profession conducted within
a residential dwelling unit must be clearly incidental and subordinate to the use of the
premises as a residential dwelling unit.
2. No st i in trade is kept+ ai except nor la r those a of used en the
premises:] The home occupation shall be conducted entirely within the dwelling unit or
accessory structure.
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
Ord.2015-04 2
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 used in conjunction with the home occupation must [be-able-4e-be] park[ed]
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 sha4l nat be pefmitted.] No repair- or- building of automobiles
motor eveles, beats, airplanes, or anv eaninment with eneines laireer than one eviine[er
which are not owned, and oveFated bv the eeeuvant is permitted. For the Purposes ef4h4s
requires title to the vehiele in the name of the
4-09. A child care center as defined in paragraph G, section 20, is not recognized as a home
occupation.
4410. A personal care facility as defined in paragraph KK, section 20 is not recognized as a
home occupation.
4211. The use of off-site personal services at a residence by the occupant, such as lawn care,
maid services, etc., does not constitute a home occupation and is not limited by 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.
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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.
PASSED AND APPROVED on first reading this 5th day of January,2015.
PASSED, APPROVED, AND ADOPTED on second and final reading this 2nd day
of February, 2015.
Kevin M. Hind
Mayor \�
ATTEST:
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Y•oF FRiSNO•.
Melinda Welsh, TRMC p
City Secretary :0 :
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