HomeMy WebLinkAboutOrdinance No. 2022-01ORDINANCE NO. 2022-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, AMENDING APPENDIX C,
"ZONING," "SECTION 7.P.6. PERMITTED USE TABLE"
TO AMEND THE ZONING DISTRICTS IN WHICH THE
FOLLOWING NAICS USES ARE ALLOWED: 6232 -
RESIDENTIAL, INTELLECTUAL AND DEVELOPMENT
DISABILITY, MENTAL HEALTH, AND SUBSTANCE
ABUSE FACILITIES, 623311 - CONTINUING CARE
RETIREMENT COMMUNITIES (WITH ON -SITE
NURSING), AND 623312 - ASSISTED LIVING FACILITIES
FOR THE ELDERLY (WITHOUT ON -SITE NURSING) AND
TO REMOVE SUBNOTE (B.) "5. S1; SITE PLAN
APPROVAL REQUIRED" AND AMENDMENTS TO
"SECTION 20. DEFINITIONS" TO REMOVE THE TERM
"PERSONAL CARE FACILITY" AND ADD THE TERM
"ASSISTED LIVING FACILITY.
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") relating to land use and other circumstances; and
WHEREAS, City Council finds it necessary to amend the Zoning Ordinance to be
compliant with state law; and
WHEREAS, Chapter 123 of the Human Resources Code defines "person with a disability"
and also provides further community home qualifications regarding operation, limits on exterior
structural changes, limits on number of residents and staff, location requirement, and limitation on
number of motor vehicles; 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
public hearings 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, 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.P.6. Permitted Use Table" is hereby amended as indicated below:
Section 7. Schedule of district regulations.
P. Permitted uses.
l . Use of land and buildings. Buildings, structures, land or premises shall be used only
in accordance with the uses specifically permitted in the zoning district classification
for the site subject to compliance with parking regulations, height and area
requirements, special conditions and all other requirements of the zoning ordinance.
2. Permitted use table. The permitted uses in each specific zoning district are shown by
means of symbols in the permitted use tables on the following pages. The letter "P"
in the zoning district column opposite the listed permitted use means the use is
permitted as a use of right in that district. The letter " S " in the zoning district column
opposite the permitted use means the use is permitted in that zoning district only
obtaining a specific use permit as set forth in section 9.G. No primary use shall be
permitted in any district unless the letter "P" or the letter "S" appears opposite the
listed permitted use. The letter "O" in the zoning district column means that the
permitted use is for office functions only. Parking requirements are in section 8.F.
The letters "NP" in the PUD-Mixed Use Zoning District column means those uses
so specified are not permitted under any circumstance.
3. Uses not listed. Primary uses not listed in the permitted use table may be permitted
in any district where similar uses are permitted. The function and locational
requirements of the unlisted use must be consistent with the purpose and description
of the zoning district, compatible with the permitted uses in the district, and be
similar in traffic -generating capacity, noise, vibration, dust, odor, glare and heat
producing characteristics.
Ord. No. 2022-01 2
4. Accessory use. A use which is customarily incidental to that of the primary existing
use, which is located on the same lot or premises as the primary existing use, and
which has the same zoning district classification shall be permitted as an accessory
use without being separately listed as a permitted use.
5. North America Industry Classification .System (NAICS) Codes. The activity
descriptions in the current NAICS Codes prepared by the 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.
6. Permitted use table.
2017NAICS
SFR
MFR-
MFR-
MFR-
MFR-
MHR
CSC
NC
LNC
OPD
DD
A-
L1
I
BP
Industry
and
GHD
L
M
H
I
Descriptions
SFR-
B
6231
Nursing care
S
S
O
S
facilities —
Skilled
nursing
facilities
6232
Residential,
SI-
8-1
P
P
P
P
intellectual
P
P
and
development
disability,
mental
health, and
substance
abuse
facilities
623311
Continuing
91-
SI-
S
S
O
S
care
retirement
communities
(with on -site
nursing)
623312
Assisted
91-
81-
S
S
O
S
living
facilities for
the elderly
(without on -
site nursing)
Section 3. That the City of Friendswood Code of Ordinances, Appendix C,
"Zoning", "Section 20. Definitions" is hereby amended as indicated below:
Ord. No. 2022-01
Section 20. Definitions.
(a) The following words, terms and phrases, when used in this appendix, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or structure means a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Adult entertainment business shall have the same meaning as "sexually oriented business," as
that term is defined in V.T.C.A., Local Government Code ch. 243, and chapter 62 of the Code of
Ordinances, and shall include, but not be limited to, an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort
agency, nude modeling studio, sexual encounter center, or any other commercial enterprise, the
primary business of which is the offering of a service or the selling, renting, or exhibiting of devices
or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Such uses shall be allowed only as specifically authorized under the terms of this appendix and
chapter 62 of the Code of Ordinances. The determination of what constitutes an adult entertainment
business shall be made by the police chief or his/her designee, in accordance with the definitions
contained in chapter 62 of the Code of Ordinances, and such determination shall be appealable to the
zoning board of adjustment.
Apartment house means any building or portion thereof used as a multiple dwelling for the
purpose of providing three or more separate dwelling units which may share means of egress and
other essential facilities.
Assisted livinz facility means an establishment as defined by Texas Health and Safety Code
Chapter 247.
Automobile graveyard means an establishment or place of business that is maintained, used, or
operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts.
Parking space, off-street, means a space adequate for parking an automobile with room for
opening doors on both sides, together with properly related access to a public street or alley and
maneuvering room. Required off-street parking areas for three or more automobiles shall have
individual spaces marked, and shall be so designed, maintained and regulated that no parking or
maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any
automobile may be parked and unparked without moving another. For purposes of rough
computation, an off-street parking space and necessary access for maneuvering room may be
estimated at 300 square feet, but off-street parking requirements will be considered to be met only
when actual spaces meeting the requirements above are provided and maintained, improved in a
manner appropriate to the circumstances of the case, and in accordance with all ordinances and
regulations of the city.
Ord. No. 2022-01 4
Planned unit development means a district with development characterized by a unified site
development plan which may provide for a mixture or combination of residential, recreation and
open space and commercial uses.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section U1. 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 7. That 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 loth day of JANUARY, 2022.
ATTEST:
LETICIA BRYSCH, City Se tary
Ord. No. 2022-01 5
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APPROVED AS TO FORM:
KA EN ORNER, City Attorney
PASSED, APPROVED AND ADOPTED on second and final reading this 7th day of
FEBRUARY, 2022. ^ _
ATTES
LETI IA BRYSCH, City Seer to OF FRIENO
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APPROVED AS TO FORM:
OFTECD
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KAREN HORNER, City Attorney
Ord. No. 2022-01 6