HomeMy WebLinkAboutOrdinance No. 2020-17 ORDINANCE NO. 2020-17
AN ORDINANCE AMENDING APPENDIX C "ZONING
ORDINANCE," "SECTION 7. "SCHEDULE OF DISTRICT
REGULATIONS," SUBSECTION 7.P.6., "PERMITTED USE
TABLE," AMENDING THE FOLLOWING NAICS USES:
#447 GASOLINE STATIONS, #511 PUBLISHING
INDUSTRIES, AND #713940 FITNESS AND
RECREATIONAL SPORTS CENTERS; PROVIDING A
PENALTY FOR VIOLATION IN AN AMOUNT NOT TO
EXCEED $2,000.00, 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,
Gasoline Stations,to change from requiring a Specific Use Permit(S)in Downtown District(DD)
to "blank," which would not allow gasoline stations in the Downtown District (DD); to change
NAICS Use #511, Publishing Industries, by adding a Permitted (P) to allow the use by right in
Community Shopping Center (CSC) and to change from requiring a Specific Use Permit (S) in
Downtown District (DD) to Permitted (P) to allow the use by right; and to change NACIS Use
#713940,Fitness and Recreational Sports Centers,to change from requiring a Specific Use Permit
(S) to Permitted (P) in Downtown District (DD) to allow the use by right as reflected in the
"Permitted Use Table" and to facilitate orderly growth of the City and the protection of 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,
in the time and manner required by law and the City Code of Ordinances, public hearings on the
proposed ordinance changes,allowing all persons attending to be heard on the question of whether
the changes being requested would affect the public health, safety, or general welfare of the
citizens of Friendswood; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the amendments referenced hereafter; 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. That the facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. That the City of Friendswood Code of Ordinances,Appendix C, "Zoning",
"Section 7. "Schedule of District Regulations," Subsection 7.P.6., "Permitted Use Table," is
hereby amended by changing NAICS Use#447, Gasoline Stations,to change from requiring a Specific
Use Permit (S) in Downtown District (DD) to `Blank" which would not allow gasoline stations in the
Downtown District (DD); to change NAICS Use #511, Publishing Industries, by adding Permitted(P)to
allow the use by right in Community Shopping Center(CSC)and to change from requiring a Specific Use
Permit (S) in Downtown District (DD) to Permitted (P) to allow the use by right; and to change NACIS
Use#713940,Fitness and Recreational Sports Centers,to change from requiring a Specific Use Permit(S)
Ord No. 2020-17 2
to Permitted (P) in Downtown District (DD) to allow the use by right as reflected in the "Permitted Use
Table,"as depicted in Exhibit"A"which is hereby made a part of this Ordinance.
Section 3. That 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. That all ordinances or parts of ordinances in conflict or inconsistent with
this Ordinance are hereby expressly repealed.
Section 5. That 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. That after final passage, the City Secretary shall give notice of the enactment
of this Ordinance by promptly publishing the information required by the City Charter in the
official newspaper of the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 2"d day of March, 2020.
PASSED, APPROVED, AND ADOPTED on second and final reading this 6th day of
April,2020.
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Mayor
Ord No.2020-17 3
ATTEST:
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Melinda Welsh, TRMC •= �� 0 •
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City Secretary :C.) ; •
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Ord No. 2020-17 4
EXHIBIT "A"
2017 NAICS SFR _
and GHD MFR-L M MFR-H MHR CSC NC LNC OPD DD A-1 L1 I BP
SFR-E
Industry Descriptions
Retail Trade Gasoline stations P P 0 S P 1 P P
_]
Information
Publishing industries P 0 PS P P P
Arts, Entertainment and Recreation
Fitness and recreational sports centers P S PS P P