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Home My WebLink AboutOrdinance No. 2018-15 (Title: An ordinance adopting revisions and updates to Appendix C "Zoning," Section 7.P.5. "North American Industry Classification System (NAICS) Codes" to change the version reference from "1997" to "current" North American Industry Classification System (NAILS) Codes as referenced in Exhibit"A," and revisions and updates to Section 7.P.6. "Permitted Use Table," by adding the "2017 NAICS" reference; providing for the addition of NAICS Use#425 Wholesale Electronics Markets and Agents and Brokers; and providing for the expansion of NAICS Use#447 by adding NAICS Use#447190 Other Gasoline Stations (gas stations without convenience stores; truck stops; and marine service stations) as referenced in Exhibit"B.") ORDINANCE NO.2018-15 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.5, "NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODES" BY CHANGING THE REFERENCE FROM "1997" TO "CURRENT" AND AMENDING SUBSECTION 7.P.61 "PERMITTED USE TABLE," BY ADDING THE "2017 NAICS" REFERENCE, BY ADDING NAICS USE #425, WHOLESALE ELECTRONICS MARKETS AND AGENTS AND BROKERS; AND PROVIDING FOR THE EXPANSION OF NAICS USE #447 BY ADDING NAICS USE #447190, OTHER GASOLINE STATIONS (GAS STATIONS WITHOUT CONVENIENCE STORES; TRUCK STOPS; AND MARINE SERVICE STATIONS); 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, city staff reviewed the North American Industry Classification System (NAICS)code book and determined that the manual had been revised from the 2012 version to the more current 2017 version; 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 adding NAICS Use#425,Wholesale Electronics Markets and Agents and Brokers and expanding NAICS Use #447, Gasoline Stations by adding NAICS Use#447190,Other Gasoline Stations(gas stations without convenience stores; truck stops; and marine service stations) 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: Ord.No.2018-15 2 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.5. "NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM(NAICS) CODES. The City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of District Regulations,"Subsection 7.P.5.,"North American Industry Classification System(NAICS)Code" is hereby amended by changing the "1997"reference to "current." The actual year reference will be included in the Permitted Use Table in Subsection 7.P.6., as depicted in Exhibit "A" which is hereby made part of this Ordinance. Section 3. 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 adding the "2017 NAICS" version reference; and by adding to the table NAICS Use #425, Wholesale Electronics Markets and Agents and Brokers to be allowed as Office Use Only (0) in Community Shopping Center(CSC), Office Park District(OPD), and Downtown District(DD) and Permit(P)the use in Light Industrial (LI), Industrial (I) and Business Park (BP); and by adding NAICS Use #447190, Other Gasoline Stations to allow Office Use Only (0) in Office Park District (OPD) and Downtown District (DD) and require a Specific Use Permit (S) in Light Industrial (LI) and Industrial (I)as reflected in the"Permitted Use Table,"as depicted in Exhibit`B"which is hereby made part of this Ordinance. Section 4. INCORPORATION INTO THE CODE, PENALTY CLAUSE. This Ordinance is hereby incorporated and made a part of the Friendswood City Code. Violation of this 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 Ord.No.2018-15 3 guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section 5. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 6. 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 7. 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 4th day of June,2018. PASSED, APPROVED, and ADOPTED on second and final reading this 2nd day of Julv,2018. K Mike F em ��arrrr�, '•�y OF FR/�ti°Mayo ATTEST: ..Q Melinda Welsh, TRMC ; N :O City Secretary : A•. •' O •. FTE- . Ord.No.2018-15 .• ••4 Exhibit"A" Zoning Ordinance Section 7. Schedule of District Regulations P. Permitted Uses 5.North America Industry Classification System (NAICS) Codes. The activity descriptions in the 499-7 current NAICS Codes prepared by United States Executive Office of the President, Office of Management and Budget, shall be used to determine the primary establishment uses when reference is made in the tables to a designated standard industrial classification. Every January, community development staff shall determine if the manual has been revised. If the manual has been revised, such revisions and changes will be summarized in a written report and presented to the planning and zoning commission. The commission will make recommendations to council regarding adoption of the revised manual and appropriate changes to the zoning ordinance permitted use table. The commission may recommend that an ad hoc committee review and propose revisions to the permitted use table. Ord.No.2018-15 5 Exhibit`B" Zoning Ordinance Section 7. Schedule of District Regulations P. Permitted Uses 6. Permitted Use Table 2017 NAICSY' SFR P MFR- MFR- ?MFR- :M G, C NC LIVE OP DD q ' L1 1 t BP ilndustr and *GHD L <M?= FR H 'Sa C D 1: r q i a t g SFR E DC �i Descnption��,�� ak� �� H � �Wff�d 42Ilh0lesale Trades s .... 423 Merchant 0 0 0 P P P Wholesalers, Durable Goods a 424 Merchant 0 0 0 P P ! P Wholesalers, Nondurable Goods 425 Wholesale 0 0 0 P P P Electronic Markets and Agents and Brokers 44 45 Retail Trade a s h'',t A':' 447 Gasoline Stations P P O Is ' P P 447190 Other Gasoline O S O S Stations Ord.No.2018-15 6