HomeMy WebLinkAboutOrdinance No. 2016-10 (Title: An ordinance adopting revisions and updates to Appendix C "Zoning," Permitted
Use Table, providing for the change of NAICS Use #447 and NAICS Use #532 from
Permitted (P) to requiring a Special Use Permit (S) in the Downtown District (DD) as
referenced in Exhibit"A".)
ORDINANCE NO. 2016-10
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.61 "PERMITTED USE TABLE," BY
PROVIDING FOR THE ADOPTION OF AMENDMENTS
TO THE CITY'S ZONING ORDINANCE, CHANGING THE
FOLLOWING NAICS USES FROM PERMITTED (P) TO
REQUIRING A SPECIAL USE PERMIT (S) WITHIN THE
"DOWNTOWN DISTRICT" (DD) ZONE: NAICS USE #447
"GASOLINE STATIONS" AND NAICS USE #532 "RENTAL
AND LEASING SERVICES;" 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 uses by changing NAICS Use #447 and
NAICS Use 4532 from Permitted (P) to requiring a Special Use Permit (S) in the "Downtown
District' (DD) as reflected in the "Permitted Use Table," 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,
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.6., "PERMITTED USE TABLE,"
The City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of District
Regulations," Subsection 7.P.6., "Permitted Use Table," is hereby amended by changing the
following NAICS uses from Permitted ("P") to requiring a Special Use Permit ("S") within the
"Downtown District" (DD) zoning district: NAICS Use #447 "Gasoline Stations" and NAICS
Ord 2016-10 2
Use #532 "Rental and Leasing Services," as reflected 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.
Violation of is Ordinance is subject to the penalty section of said Code of Ordinance, Section
1-14 "General penalty for violations of Code; continuing violations". 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.
PASSED AND APPROVED on first reading this 7th day of March,2016.
Ord 2016-10 3
PASSED, APPROVED, and ADOPTED on second and final reading this 4th day of
April,2016.
11N ft
Kevin M. Hell Ord
Mayor
ATTEST:
Melinda Welsh, TRMC
City Secretary
Ord 2016-10 4
Exhibit A
Appendix C
Zoning Ordinance
Section 7.P.6. Permitted Use Table
Industry Descriptions MFR- MFR- MFR- MFR- MHR-'. CSC NC LNC' OPD. DD A-. L1
Tand
GHD L M H 1
44-45 Retail Trade
4411 Automobile Dealers 0 0 0 P P O
4412 Other Motor Vehicle Dealers O 1 o 0 P P 0
4413 Automotive Parts, P S 0 0 P P P
Accessories and Tire Stores
442 Furniture and Home P P O P S S P
Furnishing Stores
443 Electronics and Appliance P' P 0 P S S P
Stores
444 Building Material and P P 0 P P P P
Garden Equipment and
Supplies Dealers
444190 Other Building Material S S O 0 S S S
Dealers
445 Food and Beverage Stores P P 0 P S S
446 Health and Personal Care P P O P P P
Stores
447 Gasoline Stations P P 0 PS P P
i
448 Clothing and Clothing P P O P P
Accessory Stores
451 Sporting Good, Hobby, Book P O P P
and Music Stores
452 General Merchandise Stores P P 0 P P P P
453 Miscellaneous Store P P O P P P P
Retailers
4533 Used Merchandise Stores P P P P P P
45393 Manufactured (mobile) O O S
Home Dealers
45399 All Other Miscellaneous P P P 17
P
Store Retailers
1454 Nonstore Retailers S S O is Is S S
53 Real Estate and Rental and Leasing
;531 Real Estate P P P P P P P
53113 Lessors of Miniwarehouses 0 O O O 0 P P
jand Self-Storage Units
532 Rental and Leasing Services T P S O PS P P P
53212 Truck, Utility Trailer and RV O O 0 O O P P
Rental
P P P P P
533 Lessors of Nonfinancial P P
Intangible Assets (except
copyrighted works)