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HomeMy WebLinkAboutOrdinance No. 98-14 .. �• "'� � . • • ` . . � . . ORDINANCE NO. 9 8—14 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 REVISING SUBSECTION P. 2 OF SECTION 7 THEREOF BY ADDING A NEW PERMITTED USE TO THE PERMITTED USE TABLE, SUCH USE BEING PERSONAL CARE HOMES; PROVIDING DEFINITIONS AND STANDARDS FOR SUCH USES; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; 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 Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, is hereby amended by adding to Subsection P.2., "Permitted use table" of Section 7, under the heading SFR and SFR-E, the following as a permitted use. 8361 Nursin� and Personal Care Facilities Section 2. Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, is hereby amended by adding to Section 20 thereof a definition of"Personal Care Facility" which provides as follows: II Personal Care Facilitv. Any establishment that furnishes food and shelter to four or more persons who are unrelated to the proprietor of the establishment and provides personal care services as that term is defined in Personal Care Facility Ordinance Page I Texas Health & Safetv Code §247.002 and as further provided for in Texas Human Resources Code �123.004. Section 3. Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, is hereby amended by adding to Section 20, definition P "Home Occupation"thereof the following: 9 A personal care facilitv as defined in paragraph II, Section 20, is not reco�nized as a home occupation. Section 4. Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, is hereby amended by adding to Section 8 thereof a new subsection L., Personal Care Facilities, which shall provide as follows: Personal Care Facilities shall be sub�ect to the followin� additional supplemental requirements at the time the first permit certificate of occupancv or zonin� compliance request is submitted. 1 A site plan shall be submitted showing the layout of the proposed site, including�present and proposed structures drivewa�parking areas loadin� and deliverv areas trash collection areas or other improvements. A site plan submitted under this subsection shall be subject to review and recommendation to the City Council bv the Plannin�and Zonin� Commission and approval bv the City Council. 2. An elevation shall be submitted that shows the exterior of the structure and anv and all proposed changes to any existin� building, vard, or other improvements A Personal Care Facility shall maintain its residential appearance. Personal Care Faciliry Ordinance Page 2 In no case will parkin� lots or spaces be authorized in a front vard nor mav loadin�and deliverv areas trash collection areas or recreation areas be located in the front vard or so as to be visible from the street of any Personal Care Facilitv. 3 A cop, of the state license authorizin� the individual proposin� the use to open and operate such a facilitv or if the license has not been �ranted, a copv of the application submitted to the State Department of Licensing and Re�ulation for such a license alon� with a list of the remainin�approvals or requirements to be met in order to obtain such a license. Within 60 davs of receipt of such license, and in an c�ase prior to the issuance b�the cit�of a certificate of occupancv for the facility a co�pv of such state license shall be provided to the Citv's Buildin� Official. 4. No�ersonal care facility shall be allowed to open or operate until a license has been issued by the a�propriate state re ug latory agencv. Anv facilitv openin� or operating without a valid state license or cit�pproved site plan shall be subiect to immediate closure bv the citY and all remedies and penalties available under Texas law. 5. All applications filed with the City must indicate what Tvpe (A, B, or C) of facilitv is planned for operation under the Licensin� Standards for Personal Care Facilities published bv the Texas Department of Human Services, so staff mav evaluate the plans under the appropriate code requirements. 6. Compliance with all applicable Citv and State codes, ordinances and re�ulations shall be required prior to issuance of a certificate of occupancy for the Personal Care Facility Ordinance Page 3 . • , � -�, • �eration of a Personal Care Facilitv. In case of a conflict between City and State re�ulations, the more stringent shall control. Section 5. 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 19"' day of November, 1984, as it may have been previously amended, remain unchanged and in full force and effect. Section 6. 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 7. 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. PASSED AND APPROVED on first reading this 17th day of August , 1998. Personal Care Facility Ordinance Page 4 • . �""� • • � � - . . PASSED, APPROVED, and ADOPTED on second and final reading this 14 th day of September , 1998. Harold L. Whitaker Mayor ATTEST: � Deloris McKenzi TRMC City Secretary MOTION - Councilmember Brizendine 2ND - Councilmember Hajecate APPROVED - Unanimously Personal Care Facility Ordinance Page 5