HomeMy WebLinkAboutOrdinance No. 93-13 ORDINANCE NO. 93-13
AN ORDINANCE AMENDING 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 STRIKING THE FIRST SENTENCE OF PARAGRAPH
7 OF SUBSECTION G OF SECTION 9 THEREOF AND SUBSTITUTING
THEREFOR A NEW FIRST SENTENCE OF SAID PARAGRAPH 7;
PROVIDING THAT CITY COUNCIL MAY EXTEND THE INITIAL TWO-
YEAR TERM OF A SPECIFIC USE PERMIT IF REQUESTED BY AN
APPLICABLE PROPERTY OWNER PRIOR TO THE EXPIRATION OF SUCH
TWO-YEAR TERM; PROVIDING A PENALTY; AND PROVIDING FOR
SEVERABILITY.
* * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. City of Friendswood, Texas, Ordinance No. 84-15,
as amended, originally adopted the 19th day of November, 1984, is
hereby amended by striking therefrom the first sentence of
Paragraph 7 of Subsection G of Section 9, which provides as
follows:
[7. Time Limit: A Specific Use Permit issued under
this section shall be valid for a period of two (2)
years from the date of issuance and shall become
null and void unless construction or use is
substantially underway during said two-year period,
or unless an extension of time is approved by the
City Council. ]
and substituting therefor a new first sentence of Paragraph 7 of
Subsection G of Section 9 to provide as follows:
7. Time Limit: A Specific Use Permit issued under this
section shall expire two (2) years after its date of
issuance if construction or use authorized thereunder is
not substantially under way prior to the expiration of
said two-year period; provided, however, if, prior to the
expiration of said two-year period, the owner of property
to which a Specific Use Permit applies requests an
extension thereoff the City Council may approve such
FWDIZON E-SUP\07 7 893
extension for not more than two (2) additional years.
Section 2 . 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 3. In the event any clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same
to any person or circumstance 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 26th day of
July , 1993 .
PASSED, APPROVED, AND ADOPTED on second and final reading this
16th day of August , 1993 .
� �:����
Evelyn . Newman
Mayor
ATTEST:
. s
Deloris McKenzie, CMC
City Secretary
FWD�ZONE-SUP\071993 -2�
� 0 R D I N A N C E S
July 26, 1993
Ordinance 93-13: Amendment to Zoning Ordinance 89-15 clarifying
time limits for Specific Use Permits (SUP) .
Staff believes this amendment is appropriate to clarify the time
limits for the issuance of SUPs in the City. This should serve
to clarify any ambiguities that may have existed, and we should
not have to ask for further action on the matter.
You will notice the ordinance will require the permit holder to
notify the city prior to the expiration of the permit if they
desire to have the permit renewed. If the permit expires it
cannot be renewed under the new ordinance without a new
application, as if the permit were being issued for the first
time. This has the effect of making the permit holder
accountable for his needs instead of making staff responsible.
This ordinance is a technical clarification and does not require
a public hearing or recommendation by Planning & Zoning
Commission.
.� With the ordinance amendment and the adoption of the policy on
permit renewals, the following process would be in effect:
* The permittee will be notified by the city in advance of the
expiration of the impending expiration.
* The permittee must apply for a renewal before the expiration
date.
* The P&Z Commission will meet and make a recommendation
regarding the renewal which could include additional SUP
requirements, a time frame for the renewal, or in the
alternative, could be a recommendation for a denial of the
renewal and a resultant expiration of the permit.
* The City Council will act on the renewal request and
consider P&Z recommendations.
REC
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