Ord. 2000-T-31 2019-11-25 Ordinance No. 2000-T-31
An Ordinance of the City Council of the City of Pearland, Texas, amending
selected provisions of the Unified Development Code regarding the
following section; removing Outdoor Activities or Uses references from the
Non-residential Zoning Districts (Chapter 2, Article 4 and Article 5);
redefining the master plat as a "master plan" (Chapter 3, Article 1, Division
2); including allowances for the approval of a final plat prior to completion
of all infrastructure improvements (Chapter 3, Article 1, Division 5, Section
3.1.5.4); adding "microblading" as a use in the Land Use Matrix (Chapter 2,
Article 5, Division 2, Section 2.5.2.2); having a savings clause, a
severability clause, and a repealer clause; providing for codification,
publication and an effective date.
WHEREAS, on the 21st day of October, 2019, a Joint Public Hearing was
held before the Planning and Zoning Commission and the City Council of the City
of Pearland, Texas, notice being given by publication in the official newspaper of
the City, the affidavit of publication being attached hereto and made a part hereof
for all purposes as Exhibit "A", said call and notice being in strict conformity with
provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 22nd day of October, 2019, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City
Council regarding the proposed amendments to the Unified Development Code,
whereby the Commission recommended approval of the amendments, with
condition, said recommendation attached hereto and made a part hereof for all
purposes as Exhibit "B"; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain provisions of the Unified Development Code are
hereby amended as shown in Exhibit "C" attached hereto and made a part hereof
for all purposes.
Section 2. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall
cause this Ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall become effective immediately upon final passage.
Page 2 of 6
Ord. No 2000T-30
PASSED and APPROVED ON FIRST READING this the 11th day of November,
2019.
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TOM REID
:...":4•1 ,....,i, MAYOR
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ATTEST:
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MARIA RODRIGU Z
INTERIM CITY SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the
25th day of November, 2019.
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_;_. 4,- TOM REID
iN / z MAYOR
ATTEST:
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ARIA ODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
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DAR IN M. COKER'
CITY ATTORNEY
Page 3 of 6
Ord. No 2000T-30
Exhibit A
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Amendments to the Unified Development Code (UDC): 2000-1-31
Notice is hereby given that on October 21 , 2019, at 6:30 p.m., the City Council
and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris
and Fort Bend Counties. Texas. will conduct a joint public hearing in the Council
Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas at the
request of the City of Pearland, for proposed amendments to the Unified
Development Code, Ordinance No. 2000T, regarding the following sections:
1 . Removing Outdoor Activities or Uses references from the Non-residential
Zoning Districts;
2. Removing the landscape plan submittal requirement from amending, prelimi-
nary and final plat processes;
3. Redefining the master plat as a "master plan";
4. Including allowances for the approval of a final plat prior to completion of all
infrastructure improvements;
5. Adding "microblading" as a use in the Land Use Matrix.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional information, please contact
the Planning Department at 281-652-1765.
Mohamed A. Bireima, AICP
Senior Planner
Page 4 of 6
Ord. No 2000T-30
Exhibit B
Planning and Zoning Commission Recommendation Letter
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TES X AS
EST. '89A
Planning & Zoning Commission
Recommendation Letter
October 22, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-31
Honorable Mayor and City Council Members:
At their regular meeting on October 22, 2019, the Planning and Zoning
Commission considered the following: Amendment T-31 to the Unified
Development Code (UDC) regarding the following sections:
1. Removing Outdoor Activities or Uses references from the Non-
residential Zoning Districts (Chapter 2, Article 4 and Article 5);
2. Removing the landscape plan submittal requirement from amending,
preliminary and final plat processes;
3. Redefining the master plat as a "master plan" (Chapter 3, Article 1,
Division 2);
4. Including allowances for the approval of a final plat prior to completion
of all infrastructure improvements (Chapter 3, Article 1, Division 5, Section
3.1.5.4);
5. Adding "microblading" as a use in the Land Use Matrix (Chapter 2,
Article 5, Division 2, Section 2.5.2.2).
Vice-Chairperson Duncan made a motion to approve. Commissioner Starr
seconded the motion. A discussion ensued and it was agreed by Staff and the
P&Z Commission that they would vote for each proposed amendment separately
as follows:
Page 5 of 6
Ord. No 2000T-30
• Remove outdoor activity from the Non-residential Zoning Districts — Motion
passed 6-0
• Remove the landscape plan requirement from the amending, preliminary, and
final plat processes — Motion passed 6-0
• Redefine the master plat as a "master plan" — Motion passed 5-1,
Commissioner Wicker made a comment on the differences between a master
plat and master plan. Commissioner Cade was opposed to the request due to
having issues with the terminology.
• Include an allowance for the approval of a final plat prior to the completion of all
infrastructure improvements — Commissioner Cade asked Staff for clarification on
the final process, Planning Manager Griggs explained the process. Motion
passed 5-1, Commissioner Wicker was opposed due to not requiring 100%
completion before approving a final plat.
• Adding "Microblading" to the Non-Residential Land Use Matrix — Motion passed
6-0
Each of the previous motions had a positive recommendation to approve.
Sincerely,
Martin Griggs, AICP, CNU-A Planning Manager
On behalf of the Planning and Zoning Commission
Page 6 of 6
Ord. No 2000T-30
Exhibit C •
•
CUPs, either an M-1 CUP or an M-2 CUP, based upon the properties' previous
zoning.
(2) Effect.
a. The M-1 CUP would add all permitted uses allowed in the M-1 zoning
district as listed in the Land Use Matrix in addition to the permitted uses
for the underlying G/O-MU zoning.. Uses listed as conditional uses for the
M-1 district would require a separate CUP to authorize:
b. The M-2 CUP would add all permitted uses allowed in the M-2 zoning
district as listed in the Land Use Matrix in addition to the permitted uses
for the underlying G/O-MU zoning. Uses listed as conditional uses for the
M-2 district would require a separate CUP to authorize.
(3) Applicable requirements. The zoning district regulations applicable to a
property zoned G/O-MU with an Industrial Use CUP shall be determined by the
primary use of said property. If the primary use is a G/O-MU use, then the
regulations for the G/O-MU district shall apply. If the primary use is an M-1 or
M-2 use, then the regulations for the appropriate industrial district shall apply.
If the use is permitted in both the G/O-MU district and the industrial district,
then the less restrictive regulations shall apply.
(4) Expiration. The abandonment and expiration provisions of Section 2.2.3.5 shall
not apply to any Industrial Use CUP.
(j) Commercial Use CUP.
(1) Eligibility. Properties located on Garden Road or O'Day Road that were used or
zoned for non-residential uses prior to the adoption of the Unified Development
• Code in 2006 are eligible to seek a Commercial Use CUP.
(2) Effect. The Commercial Use CUP adds one of the following uses to the
permitted uses for underlying G/O-MU zoning.
a. Office Warehouse/Storage/Sales
b. Heavy machinery Sales/Storage, Rental and Repair
c. Metal, Machine or Wood Shop
d. Light Manufacturing •
e. Auto Repair, major
f. Mini-Warehouse Storage/Sales
g. Upholstery business
Ord. No. 2000T-7, Section 2.4.3.3, April 28, 2008.
Ord. No. 2000T-13, Section 2.4.3.3, October 24, 2011.
Ord. No. 2000T-16, Section 2.4.3.3, December 16, 2013.
Section 2.4.3.4 OT, Old Townsite District
(a) Purpose. The purpose of the Old Townsite District (OT) is to:
(1) Promote good building and streetscape design.
(2) Reinforce existing land use patterns and character.
(3) Categorize area into zoning districts as per the UDC with modifications.
Chapter 2:Zoning Regulations
Page 2-68
(4) Promote downtown as a walkable, pedestrian friendly district.
(5) Promote multiple types of development and uses.
(6) Set forth general provisions and architectural regulations to ensure quality
of streetscape and building construction.
(7) Allow reduced parking ratios, shared parking and flexibility to encourage
re-use of existing buildings.
(8) Allow flexibility in building codes and façade requirements to encourage
relocation and re-use of existing buildings.
(9) Emphasize mixed uses and focus on the streetscape and public spaces
to create pedestrian-friendly mixed-use developments.
(b) Proposed Zoning Districts. The OT is comprised of three zoning districts — Old
Townsite General Business District (OT-GB), Old Townsite Single Family Dwelling
District (OT-R), and Old Townsite Mixed Use District (OT-MU).
(1) Old Townsite General Business District (OT-GB)
a. Development Standards. All development standards of the General
Business District (GB), Section 2.4.4.4 of the UDC shall apply, with the
following exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: For yards abutting Main Street and/or Broadway
Street required front yard shall be determined by the existing street right
of way. The minimum front yard required shall be such that the front
setback line is at a distance of sixty feet (60') from the centerline of
Broadway and/or Main Street. Zero feet (0') for yards abutting Main
Street and/or Broadway Street with one hundred and twenty feet (120')
right of way. Twenty-five feet (25') along other streets.
Minimum Rear Yard: Twenty feet (20'); Twenty-five feet (25') if abutting a
residential zoning district; seven and a half feet (7.5') if abutting an alley.
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
Maximum Height: None.
b. Permitted Uses. Permitted and conditional uses as authorized in the
Land Use Matrix in Article 5, Division 2 of this chapter, with the following
exceptions:
Commercial uses permitted on all floors, but required on first floor
even for parking structures unless institutional / governmental
uses are proposed.
Residential on upper floors allowed by a Conditional Use Permit
(CUP).
Chapter 2:Zoning Regulations
Page 2-69
Institutional / governmental uses permitted with City's approval by
a CUP.
c. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with Section 2.5.3.1 of the UDC with the following
exceptions:
Minimum Front Setback — Accessory building shall be located
behind the front building setback line established by the primary
building.
Minimum Side Setback- Five feet (5').
Minimum Rear Setback - Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
d. Primary Building Street Façade. At least seventy five percent (75%) of
street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less than one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
e. Projecting Façade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approvals from the City
and in conformance with Development Guidelines specified below under
Section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
f. Outdoor Seating. Outdoor seating for restaurants, may be,permitted,
essory anrd adjanenttno principal buildinn on sidewalks anid
public ROW along city treetc as long as a minimum of three feet (3')
wide clear-passage ay is—prvided fe pedesrTa„s and subject to an
approval of a Conditional Use Pcrmit (CUP). TXDOT approval shall be
required for state roads. Outdoor Activities and Uses shall be provided
and maintained as set forth in Section 2.5.3.2 (c) of this UDC.
g. Parking. Off street parking shall be subject to the following:
1. Parking shall be allowed within the front yard, with a minimum
twenty-five feet (25') landscape buffer adjacent to Broadway
Street and Main Street and fifteen feet (15') landscape buffer
adjacent to other streets.
2. Non-residential uses in existing structures may be permitted to
reduce by 50% the number of parking spaces required by the
UDC for that use. The number of parking spaces may be reduced
even further as determined by a traffic report and approved by the
Chapter 2:Zoning Regulations
Page 2-70
City of Pearland. All new additions, and existing and new multi-
family uses, shall meet the parking requirements in chapter 4 of
the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as
the total number of parking spaces meet the requirements of
subsection 2 above for each use and all parking spaces as
required under subsection 2 above are located within five hundred
(500') of the building.
4. Stacked parking (parallel parking without the access aisle) for up
to 3 cars shall be permitted for existing residential uses being
converted to other non-residential use and where the converted
area does not exceed six hundred square feet (600 sq. ft.) of floor
area.
A stacking space shall be an area measuring eight feet (8') by
twenty feet (20').
(2) Old Townsite Residential District (OT-R) •
a. Development Standards. All development standards of the Single
Family Dwelling District (R-4), Section 2.4.2.8 of the UDC shall apply, with
the following exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Twenty feet (20').
Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if
abutting an alley..
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
b. Permitted Uses. Permitted and conditional uses as authorized in the
Land Use Matrix in Article 5, Division 2 of this chapter.
c. Common Open Space Required. Common open space, as defined in
section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and
multifamily developments and shall meet the following requirements:
In all areas where Multi-Family Dwelling units are constructed, there shall
be at least four hundred (400) square feet of common open space per
dwelling unit. Each common open space shall be within three hundred
(300) feet of all dwelling units it is intended to serve measured along a
route of pedestrian access. Each required common open space shall be
appropriately graded, turfed, surfaced or otherwise landscaped and
provided with suitable drainage facilities. Facilities, such as pedestrian
ways and swimming pools, may be counted toward the required common
open space. Off-street parking areas, service drives, and detention
Chapter 2:Zoning Regulations
Page 2-71
facilities shall not be included in any calculation of required open space.
Minimum dimension of any common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall`comply with the requirements of Chapter 2.5.3.1 of the
UDC with the following exceptions:
Minimum Front Setback—Seventy-five feet (75').
Minimum Side Setback-Three feet (3').
Minimum Rear Setback - Seven and a half feet (7.5') if located
along an alley, twenty feet (20'),if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
e. Primary Building Street Facade. At least seventy five percent (75%)
of street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under Section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less than one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
f. Projecting Façade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approval from the City
and in conformance with Development Guidelines specified below under
section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
g. Outdoor Seating. Outdoor seating for restaurants, shall be permitted,
as accessory and adjacent to the building, on sidewalks and public ROW
along City streets, as long as a minimum of three feet (3') wide clear
passageway is provided for pedestrians and subject to an approval of a
Conditional Use Permit (CUP). TXDOT approval shall be required for
state roads.
h. Parking. Off street parking shall be subject to the following:
1. Parking shall be allowed within the front yard with a minimum
twenty-five feet (25') landscape buffer adjacent to Broadway Street
and Main Street and fifteen feet (15') landscape buffer adjacent to
other streets.
2. Non-residential uses in existing structures may be permitted to
reduce by fifty percent (50%) the number of parking spaces required
by the UDC for that use. The number of parking spaces may be
reduced even further as determined by a traffic report and approved
by the City of Pearland. All new additions, and existing and new
multi-family uses, shall meet the parking requirements in chapter 4
of the UDC, unless specified herein.
Chapter 2:Zoning Regulations
Page 2-72
3. Shared parking between properties shall be permitted as long as the
total number of parking spaces meet the requirements of subsection
2 above for each use and all parking spaces as required under
subsection 2 above are located within five hundred (500') of the
building.
4. Stacked parking for up to 3 cars shall be permitted for existing
residential uses being converted to other non-residential use and
where the converted area does not exceed six hundred square feet
(600 sq. ft.) of floor area. A stacking space shall be an area
measuring eight feet (8') by twenty feet (20').
(3) Old Townsite Mixed Use District (OT-MU)
a. Development Standards. All development standards of the General
Business District (GB) of the UDC shall apply, with the following
exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Zero feet (0').
Minimum Rear Yard: Twenty feet (20'); seven and a half'feet (7.5') if
abutting an alley.
Minimum Side Yard: Five feet (5') for detached structures; 0 feet for
attached structures
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
Maximum Height: Forty feet (40') or 3 stories, whichever is lesser.
b. Permitted Uses. Permitted and conditional uses as authorized in the
Land Use Matrix in Article 5, Division'2 of this chapter, and accessory
uses as authorized in Article 5, Division 3 of this chapter.
c. • Common Open Space Required.. Common open space, as defined in
section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and
multifamily developments and shall meet the following requirements:
In all areas where Multi-Family Dwelling units are constructed, there shall
be at least four hundred (400) square feet of common open space per
dwelling unit. Each common open space shall be within three hundred
(300) feet of all dwelling units it is intended to serve measured along a
route of pedestrian access. Each required common open space shall be
appropriately graded, turfed, surfaced or otherwise landscaped and
provided with suitable drainage facilities. Facilities, such as pedestrian
ways and swimming pools, may be counted toward the required common
Chapter 2:Zoning Regulations
Page 2-73
open space. Off-street parking areas, service drives, and detention
facilities shall not be included in any calculation of required open space.
Minimum dimension of any common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with the requirements of section 2.5.3.1 the UDC
with the following exceptions:
Minimum Front Setback — Accessory building shall be located.
behind front building setback line established by the principal
building.
Minimum Side Setback—Three feet (3').
Minimum Rear Setback - Seven and a half feet (7.5') if located
along ah alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
e. Primary Building Street Façade. At least seventy five percent (75%)
of street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under Section 3.2.11.1) or courtyard spaces are.
provided along the street.
For lots with less than one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property. feet (25') wide driveway to
access the rear of the property.
f. Projecting Façade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with approval from City staff and in
conformance with Development Guidelines specified below under section
2.4.3.4 (c) 5. 1 Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
g. Outdoor Seating. Outdoor Activities and Uses shall be provided and
maintained as set forth in Sectioncc
2.5.3.2 (c) of this UDC. Outdoor seating
for restau ? hlla he permuted,as aessoor y o� ce adjant to the
b gilding an ide alks and n blic 17OW along City streets as-lo
,minims i oof -ee eet '(3') wide cl, �age1way is provided for
ppedestria d—subject a an approval of-a—Conditional Use Permit
{CUP). TXDOT approval shall be required for state roads.
h. Parking. Off street parking shall be subject to the following:
1. Parking shall be allowed within the front yard with a minimum
twenty-five feet (25') landscape buffer adjacent to Broadway Street
and Main Street and fifteen feet (15') landscape buffer adjacent to
other streets.
2. Non-residential uses in existing structures may be permitted to
provide 50% of parking spaces required by the UDC for that use.
Chapter 2:Zoning Regulations
Page 2-74
The number of parking spaces may be reduced even further as
determined by a traffic report and approved by the City of Pearland.
All new additions, and existing and new multi-family uses, shall
meet parking the requirements of the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as the
total number of parking spaces meet the requirements of subsection
2 above for each use and all parking spaces as required under
subsection 2 above are located within five hundred (500') of the
building.
4. Stacked parking for up to 3 cars shall be permitted for existing
residential uses being converted to other non-residential use and
where the converted area does not exceed six hundred square feet
(600 sq. ft.) of floor area. A stacking space shall be an area
measuring eight feet (8') by twenty feet (20').
(c) Development Requirements
All development requirements specified in the UDC will apply, with the following
additional requirements and exceptions:
1. Drive-Thru Facilities. New drive-thru windows should not be located on
the façade facing the primary streetscapes.
Drive-thru facilities shall not hinder pedestrian flow or adjacent buildings and their
functions.
2. Utilities.
a. For new building.construction and significant building renovation (of over fifty
percent of the value of the existing building and improvements) all utilities
within the property shall be required to be underground. Where the
underground placement of facilities is not a standard practice of the utility, the
utility's customer shall make arrangements with the utility 'for payment of all
costs associated with the non-standard installation. With the exception of the
customer responsible for the non-standard installation, neither the utility nor
the utility's other customers shall be responsible for any costs of non-
standard installation of utilities. Notwithstanding the requirements of this
section, nothing in this ordinance shall be interpreted in a manner that
conflicts with a utility's state-approved tariff. All above ground lines are
located in the rear or other areas of the property where they are not
prominently visible from the front of the property or any roadway, and all
poles are wholly obscured, as determined by the Planning Director.
b. Location of above ground utility equipment shall avoid conflict with pedestrian
movement and visually shield the equipment.
3. Building Elevations.
Rear facing buildings and loading docks are prohibited on street facades for the
following streets — Main, Broadway, Grand, Orange, Mykawa, Walnut, and
Galveston.
Chapter 2:Zoning Regulations
Page 2-75
4. Concealed Equipment. All equipment shall be located in rear yards or
otherwise screened. Equipment shall include AC compressors and
window and wall units, non-electric utility meters and boxes, irrigation and
pump pools, permanent barbecues, satellite dish antennas less than forty
eight inches in (48") in height or diameter, loading docks, service areas,
trash disposal. facilities and backflow devices. Antennas over forty-eight
inches (48") shall require a CUP.
5: Projecting Facade. Elements. Projecting façade elements include awnings,
canopies, balconies, colonnades and arcades. These shall be permitted on city
streets after approval by the City and on TX DOT ROW, if permitted by TXDOT
and approved by City. The following requirements shall apply:
a. Not to project closer than two feet (2') to the curb.
b. Eight feet (8') minimum clearance between sidewalk and bottom of
awning or canopy; ten feet (10') minimum clearance between sidewalk
and bottom of balconies, colonnades and arcades.
c. May project in public ROW if approved by the City.
d. Eight feet (8') minimum depth of sidewalk from building face to the inside
column of colonnade or arcade.
e. Minimum two feet (2') between outer column face of colonnade or arcade
and curb.
6. Façade Regulations.Shall meet all requirements of the UDC, except that wood
and hardy plank will be permitted for facades.
7. Transparency Requirements. For non-residential facades facing public street,
park, plaza or public space a minimum of fifteen percent (15%) of overall facade
must be a transparent. For non-residential, a minimum of twenty.five percent
(25%) of facade wall ;area is required to have store front windows on ground
floor.
For residential buildings (both single family and multi-family) a minimum of 15%
of façade is required to comprise of window area.
A lesser percentage of transparency for overall facade or store front windows for
all buildings may be permitted by a CUP.
Remodeling or repair of existing buildings may be exempt from these
requirements. Any new addition or construction shall be required to comply with
these requirements..
8. Windows, Skylights, and Doors. Windows, skylights and doors shall be
oriented vertically for facades facing public areas including streets.
9. Signs. The following regulations shall be applicable to signs in the Old Townsite
district:
a. The total area of all wall and freestanding signs shall not exceed 2 square
feet per linear foot of building frontage, up to a maximum of 200 sq. ft.
Maximum area ot all ground signs shall not exceed 75 sq. ft. All other
requirements of the UDC regarding signage shall be applicable.
b. Projecting signs and awning signs shall be permitted in addition to wall
signs upon approval by the City. Projecting signs shall have a minimum
of eight (8)feet clearance above finished grade. Projections shall not be
Chapter 2:Zoning Regulations
Page 2-76
allowed on City right-of-way. All other requirements of the UDC regarding
signage shall be applicable.
c. A freestanding or monument sign shall have landscaping around its base.
d. Signs shall be constructed and/or finished using the following materials:
Painted metal, or pre-finished aluminum.
ii. Cold cathode tube (neon) or illumination by LED replica, limited to
the face of the sign.
iii. Carved relief in stone, cast stone or brick.
iv. Wood or carved wood which is painted or sealed.
v. Any sign made of other materials not mentioned may be proposed
for consideration and approved for usage on a one-on-one basis
under a Conditional Use Permit (CUP).
e. All sign components, including support structures, shall comply with the
City of Pearland color palette approved specifically for the Old Townsite
district, a copy of which shall be available in the City's Planning Office
and is attached hereto as Appendix B.
f. A business that is affiliated with an entity that has a logo that is
recognized on a regional, national,or international basis, as determined
by the Planning Director, may use said logo in its signage without regard
to the color palette, so long as the logo is limited to less than four square
feet in size.
g. A-frame or sandwich board signs shall be allowed with the following
restrictions:
No more than one shall be allowed per business, it shall be placed
• such that a minimum of four feet of clear sidewalk shall be
maintained at all times, and shall be sufficiently weighted or
anchored to prevent movement by wind or other elements.
ii. No such sign shall exceed eight square feet per face or four feet in
height. The entire sign structure shall be included in the total sign
area.
iii. Such signs are displayed only during the hours that the
establishment is open for business.
h. Awning signs shall be allowed, and the maximum height of letters,
graphic, and logos thereon shall be twelve inches.
Attached marquee signs shall be allowed with the following restrictions:
No more than one shall be allowed per business.
ii. No such sign shall exceed six feet in height or thirty-two square
feet in sign area.
•
1-8-Outdoor Activities or Uses. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC. No outdoor commercial
Chapter 2:Zoning Regulations
Page 2-77.
activities or uses-shall be permitted in any OTS District without a temporar�i p mit
uvu��uvv v� u��...� .. w ✓c..
issued by the City's Building Official pursuant to the City Building Code, unless
cxpres-ly authorized herein.
a1—
1-2. Outdoor display--and-outdoor seating within. public right_of_wa y inal-1-€11strist,withi-R
the Old Townsite may be permitted by a CUP. Outdoor seating located fully on
private property is permitted by right. •
13.
11.O;ttdoor stora as defi �y Section 5�-1.1
CUP and providing screening pursuant to Section 1.2.1.1 (d). In no case shall
way that is greater than twenty feet (20') in width.
11. Building and roof colors shall comply with the color palette described in this section.
This shall include all portions of the building, including without limitation window/door
trim, fascia, and soffit. -
(d) Development-Recommendations
1. Mixed Use Development. Mixed uses are encouraged on each block. Active
uses such as shopping or dining are encouraged on street.
2. Accentuate Primary Entrance. Accentuate primary entrance (for both existing
and new buildings)with architecture features such as:
o Art
o Breaking the building's rhythm
o Detail work
o Lighting
o Projecting façade elements
o Recessed entries
o Signage
o Shelter pedestrian as they enter and exit.
o Well lit entrances.
3. Response to Human Scale: Developments are encouraged to address the scale
of pedestrian, and create active storefronts by using lights, quality materials, and
creative displays. Encourage lower floors to be architecturally different from but
still compatible with the upper floors through level of detail and design.
4. Alleys and Side Streets. Alleys and side streets are encouraged to be the
primary access for parking lots and loading docks behind the building. •
5. Landscape Features Permitted with City's Approval. (Need to determine the
official/board or staff responsible) -
a. Flowerpots in street-scape.
b. Hanging baskets in new light poles.
c. Store owners to have option of creating planting beds.
d. City to work with property owners to place landscape features in
appropriate plaices.
Chapter 2:Zoning Regulations
Page 2-78
6. Parking:No more than 25% of all parking required shall be provided in the front
yard.
(e) Relaxation of Building Codes. To encourage re-use, rehabilitation of existing buildings
(built prior to adoption of this ordinance) and relocation of buildings into the area the
Building Official may approve relaxation of certain building codes as per the guidelines
adopted by the City. (Guidelines to be adopted by the City)
(f) Non-conforming Buildings. Buildings constructed prior to the adoption of this
ordinance (if removed or destroyed due to any cause) can be rebuilt on either the
existing footprint or per this ordinance. Buildings constructed after the adoption of this
ordinance will be required to comply with this ordinance.
(g) Street Amenities. The City will formulate a streetscape plan as per the
recommendations of the Old Townsite Plan. (This plan needs to be adopted). Once the
standards have been adopted the property owner will be responsible for installation of
street furniture (lights, benches, signs, tree lighting, etc.) when the property is
developed. The streetscape guidelines may include - street amenities, pedestrian
lighting, street furniture, public art and signage.
(h) Unless specified herein under Section 2.4.3.4, all other requirements of the UDC will
apply.
Ord. No. 2000T-1, Section 2.4.3.4 added in its entirety, July 10, 2006.
Ord. No. 2000T-3, Section 2.4.3.4, July 9, 2007.
Ord. No. 2000T-5, Section 2.4.3.4, October 22, 2007.
Ord. No. 2000T-11, Section 2.4.3.4, July 27, 2009.
Ord. No. 2000T-13, Section 2.4.3.4, October 24, 2011.
Ord. No. 2000T-14, Section 2.4.3.4, January 14, 2013.
Ord. No. 2000T-18, Section 2.4.3.4, August 24, 2015.
Ord:No. 2000T-30, Section 2.4.3.4, August 26, 2019.
Division 4 — Non-Residential Zoning Districts
Section 2.4.4.1 Residential Retail Nodes
(a) Purpose. Residential Retail Nodes are intended to provide limited retail and personal
service operations for customers from immediate residential neighborhoods only.
These nodes, at specific locations recommended by the Future Land Use Plan, and
targeted to approximately five (5) acres, should be designed in a manner that does
not adversely affect the neighborhood character, have minimum impact on
surroundings, and preserve the stability of neighborhoods adjacent to the Residential
Retail Nodes.
(b) Authorized Uses. The following are authorized uses under the regulations
Chapter 2:Zoning Regulations
Page 2-79
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article 5,
Division 2, Chapter 2.
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size =Twelve thousand and five hundred (.12,500) square feet.
b. Minimum Lot Width _One hundred feet (100').
c. Minimum Lot Depth - One hundred feet (100').
•
(2) Size of Yards: .
a. Minimum Front Yard—Twenty-five feet (25')
b. Minimum Side Yard-Ten feet (10')
c.. Minimum Rear Yard-'Ten feet (10')
(d) Height Restrictions. Height of building will be restricted by the setbacks from
property line adjoining residential zones°or uses as shown in Figure 2-1 (b) and shall
not exceed thirty-five feet (35').
(e) Nonresidential Use Locations.
(1) Nonresidential uses shall be located on lots that have frontage on a collector or
thoroughfare.
(2) All on-site business conducted in association with a nonresidential use, including
any permitted expansion thereof, shall be conducted within a fully enclosed
building.
(f) Residential Adjacency Considerations:
• (1) Screening Standards: Adequate screening shall be provided between
nonresidential and residential uses and zones. It shall be the responsibility of the
non residential use to provide and maintain such screening. Screening elements
shall consist of all of the following:
a. Buffer-There shall be a twenty-five foot (25') wide landscaped buffer along
the property line that is adjacent to residential use or district. The landscaped
buffer shall remain open and unobstructed (i.e., no parking, driveways, or
other use of the buffer area), and shall be planted with ground cover, shrubs
and trees as per (b) below. This landscaped buffer may be located with the
'required yard/setback area.
b. Landscape Elements— Landscape elements permitted shall consist of
• shrubbery.having year-round foliage:
. 1. That is at least seventy-five percent (75%) opaque; and
2... That is a minimum of six feet (6') in height at planting; and
3. That is a maximum of eight feet (8') in height; and
4. That is not located within any required visibility triangle.
c. Built Elements—Built elements permitted shall consist of a masonry wall:
1. That is one-hundred percent(100%) opaque; and
2. That is a minimum of six feet(6') in height; and .
3. That is a maximum of eight feet in height; and
Chapter 2:Zoning Regulations
Page 2-80
4. That is not located within any required visibility triangle; and
5. That is not constructed with any of the following materials: surface
painted or coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, or fiberglass panels.
(h) Ou-ttside Storage Outside aper Cht 5 of this I IDC) shall
1
be prohibited unless otherwise permitted by CUP.
(i) Outside Uses and Activities. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC. All on site business
expansion thereof, shall be conducted within a fully enclosed building. Outdoor
seating for restaurants and cafes and similar uses shall be permitted by a CUP.
(j) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC. However, total
number of parking spaces should not exceed 75% of that required by Chapter 4,
Article 2, Division 1. The remaining 25% of required parking area shall be
maintained as landscaped open space and developed as parking if required by the
city at a later date.
(k) Outdoor lighting. Outdoor lighting shall not create conflict with the reasonable use
and enjoyment of adjoining property. The fixtures shall be shielded in such a manner
that light rays emitted by the fixture either directly from the lamp or indirectly from the
fixture, are projected below a horizontal plane running through the lowest point on
the fixture where light is emitted. The height of lighting and all mounting structures
shall not exceed the height of the building or twenty feet (20'), whichever is less.
(I) Other considerations.
(1) Distance from other existing, designated or proposed non-residential uses, zones
or nodes along local, collector or thoroughfare streets.
(2) Existence or provision of pedestrian access, including but not limited to
walkways, bikeways, trails, and traffic controls, to promote safe pedestrian
friendly access and environment.
(3) Submittal of a site plan showing the layout of the buildings, activities, buffers,
parking, driveways and other elements as required by the P & Z Commission and
City Council to assist in evaluating the impact of the development on surrounding
uses.
(4) Hours of operation to be approved as part of the CUP.
(5) Location of drive through windows and similar elements not in yards adjacent to
residential zone or use.
(6) Unless otherwise specified in this section, the development in these nodes shall
conform to all other requirements of the Office Professional zone.
Chapter 2:Zoning Regulations
Page 2-81
1
1r
/i //
BUILDINGS
f` NOT ALLOWED
3
1
� f
8
l25' MM. S£19Adt .1
Figure 2-1 (b).Height Restrictions
Ord. No. 2000T-12, Section 2.4.4.1, June 28, 2010.
Ord. No. 2000T-13, Section 2.4.4.1, October 24, 2011.
Section 2.4.4.2 OP,-Office'& Professional District
(a) Purpose. The Office & Professional District (OP) is intended to permit a wide variety
of business, professional and organization office needs of the community together
with desirable associated uses.
(b) Authorized Uses: The following are authorized uses under the regulations
established in this chapter
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of.this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twelve thousand and five hundred (12,500) square
feet.
b. Minimum Lot Width - One hundred feet (100').
c. Minimum Lot Depth - One hundred feet (100').
(2) Size of Yards:
a. Minimum Front Yard—Twenty-five feet (25')
•
b. Minimum Side Yard-Ten feet (10')
•
Chapter 2:Zoning Regulations
Page 2-82
c. Minimum Rear Yard-Ten feet (10') •
•(d) Height Restrictions. No building shall exceed thirty-five feet (35') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Outdoor Activities or Uses. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC.
4—f do outdoor commercial activities or uses shall be permitted in the OP District
without a temporary permit i,ssued by the City's Building Official, pursuant to tho
City Building Cod nless expressly ai thoriznlJ r
e
2. Outdoor storage, as defined by Section 5.1.1.1., is allowed only upon obtaining
a CUP and providing screening pursuant to Section /1.2.1.1 (d). In no case
sh ll� r�oosto be permitted along any, yard that abuts any stre�,t,eett oor
(f) Fences & Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
• Article 5, Division 2 and Chapter 4,Article 2, Division 4 of this UDC.
(h) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual.
(i) Refuse Containers. -All refuse and refuse containers shall be placed in the side or
rear yard (or front yard upon a finding by the Planning Director that no suitable
location exists in the side or rear yard) and shall be screened from the view of
adjacent public streets and from the view of any adjacent single-family, patio home,
and/or townhouse development(s). '
(j) Landscaped Open Area. At least fifteen percent (15%) of the gross site area shall
be maintained in landscaped open area.
(k) Adjacent to a Single-Family Use or Zoning District. See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Ord. No. 2000T-3, Section 2.4.4.2, July 9, 2007.
Ord. No. 2000T-13,Section 2.4.4.2, October 24, 2011.
Ord. No. 2000T-27, Section 2.4.4.2, April 23, 2018.
Section 2.4.4.3 BP-288, Business Park District-288
(a) Purpose. The Business Park District-288 (BP-288) is intended to permit large office
complexes/campuses and retail development in locations with good visibility and
roadway access; visibility and access are inherently provided by State Highway 288.
These regulations are also intended to create high quality development that
enhances the City's image as a desirable place to live, work, and shop.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
Chapter 2:Zoning Regulations
Page 2-83
•
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots: •
a. Minimum Lot Size- One (1) acre (43,560 square feet).
• b. Minimum Lot Width- One hundred and fifty feet (150').
c. Minimum Lot Depth - Two hundred feet (200').
(2) Size of Yards:
a. Minimum Front Yard—Twenty-five feet (25')
b. Minimum Side Yard-Twenty feet (20')
c. Minimum Rear Yard-Twenty feet (20')
(d) Height Restrictions. No building shall exceed sixty-five feet (65') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Building Facade Standards. Requirements are applicable to all structures and
facades visible from State Highway 288 except single-family detached dwellings. A
Facade Design Plan of the entire proposed project shall be submitted with Site Plan
review documents.
(1) Building Articulation:
• a. Building articulation, as defined within Chapter 5 of this UDC, shall be
• provided as follows:
1. All nonresidential structures fifty thousand (50,000) square feet in
size or greater shall incorporate architectural variation of at least
three feet (3') in.depth for every twenty-five feet (25') in vertical or
horizontal length. •
NOTE:Illustration relates to requirements for nonresidential Variation cumulatively
structures fifty thousand(50,000)square feet in size or greater. equals 3 feet over the 25-
foot length
25
Maximum
/ < b'
• Maximum
Minimum
• Figure 2-2: Building Articulation Illustration
2. All nonresidential structures less than fifty thousand (50,000) square
feet shall incorporate architectural variation of at least one foot (1')
in depth for every ten feet (10') in vertical or horizontal length.
(2) Building Materials: Corrugated metal and exposed fasteners are prohibited.
Architectural metals are prohibited except for miscellaneous trim work.
• Chapter 2:Zoning Regulations
Page 2-84
(3)Buildinq Colors: Façade materials shall not consist of colors classified by the
City as fluorescent, iridescent, or dayglo.
(f) Detention/Retention Facilities. Such facilities shall be incorporated into each
development as an amenity, such as a lake or pond. The term "amenity" is defined
within Chapter 5 of this UDC.
(g) Lighting.
(1) Uniformity: Standards, poles, and fixtures shall be a single color, and shall be
uniform in design throughout the site.
(2) Prohibited Poles: Wooden poles are prohibited, except on a temporary basis
during development construction and only until a Certificate of Occupancy is
issued.
(3) Height: Standards, poles, and fixtures shall be no taller than twenty feet (20') in
height.
(4) Walkway Lighting: Walkway lighting comprised of standard, pole, bollard and
wall-mounted fixtures shall be no greater than twelve feet (12') above grade.
(5) Accent Lighting:
a. Uplighting shall be concealed or positioned to screen the light source
from adjacent property and rights-of-way.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
(h) Screening Standards.
(1) Site Elements Required to Be Screened: The following site elements shall be
screened from the public view from State Highway 288.
a. Mechanical and Utility Equipment
1. Screens shall be of a color and material that is consistent with the
primary on-site building.' Screening shall consist of a decorative wall
or architectural element of the building that is one hundred percent
(100%) opaque and equal to or exceeds the height of the area being
screened. Shrubbery shall be a minimum of three feet (3') in height at
the time of planting, planted every three feet (3') or less on center,
and have year-round foliage.
2. Roof-mounted equipment may be screened with an architectural
element that is an extension of the building on which, it is located,
such as a parapet wall.
3. For electric utility equipment, the' screening requirements of this
section shall only apply to equipment owned by the customer and not
by the electric utility.
b. Vehicle Loading and Unloading Areas - Screens shall incorporate
shrubbery having year-round foliage and\or a fence, wall, or architectural
element of the building that has a minimum six foot (6') height and is a
maximum seventy-five percent (75%) opaque.
Chapter 2:Zoning Regulations
Page 2-85
c. Refuse, Refuse Containers, and Recycling Containers.- Screens shall
consist of a solid fence, wall, or architectural element of the building with
a minimum six foot (6') height.
(2) Screening Elements Required: All fences and walls visible from State Highway
288 shall be:
a. Constructed of masonry or other materials approved by the Planning
Director or his designee.
b. Consistent in color and design with the building architecture.
c. Uniform in style and materials along the entire length of the screen within
a single development.
(3) Residential Subdivision Fences:
a. Residential subdivision fences shall be uniform in style, color, and
material along the length of the subdivision.
b. Wood rail fencing shall be permitted for perimeter fencing for large
individual residential lots and for large-lot residential subdivisions, which
shall mean subdivisions with lot sizes of at least one-half acre in size.
(4) Variation of Screening Walls Required: All screening walls that are twenty feet
(20') in length or longer provide some horizontal variation in the wall that is
equal to at least three feet (3') in depth for every twenty feet (20') in length.
(i) Buffering Standards.
(1) Site Elements Required to Be Buffered: The following site elements shall be
visually buffered from the public view from State Highway 288:
a. Parking Areas - Outdoor parking areas located within one hundred feet
(100') of the State Highway 288 right-of-way.
b. Fuel Pumps- Fuel pumps located between the street and the building.
c. Drive-Up Windows-Vehicle drive-up windows facing the street.
(2) Buffering Elements Required: Required buffering shall be a maximum of three
feet (3') in height and shall be provided by one or more of the following:
a. Freestanding masonry wall.
b. Landscaped earth berm with a maximum four-to-one (4:1) slope.
Retaining walls may be used to facilitate berming. Berms shall .be
maintained at a height of no more than thirty-six inches (36") nor less than
twenty-four inches(24").
c. Shrubbery having year-round foliage. Shrubs shall be maintained at a
height of no more than thirty-six inches (36") nor less than twenty-four
inches (24") as measured from the surrounding soil line and at a minimum
thirty-six inch (36") spacing.
(3)Adiacent to a Single-Family Use or Zoning District: See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
(j) Utilities. Where the underground placement of facilities is not a standard practice of
the utility, the utility's customer shall make arrangements with the utility for payment
of all costs associated with the non-standard installation. With the exception of the
customer responsible for the non-standard installation, neither the utility nor the
Chapter 2: Zoning Regulations
Page 2-86
utility's other customers shall be responsible for any costs of non-standard
installation of utilities. Notwithstanding the requirements of this section, nothing in
this ordinance shall be interpreted in a manner that conflicts with a utility's state-
- approved tariff. Above-ground lines may be located in the rear or other areas of the
property as necessary, however such lines must not be prominent from the front view
of the property or from the view of roadways (the visibility of the poles must be
partially or wholly obscured). Any determination on whether utilities are noticeable
shall be made by the Planning Director
(k) Outdoor Activities or Uses. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC
{1) No outdoor commercicna;-activities or uses-shalltnr be permitted in the-BP-28
Dis rat without n t p i�itissu he City's Building Official
pirs ant to the City B gilding Code' u nless expressly authorized her
{2) Outdoor storage, as defined by Section 5—o 1 T -s red onlypen
obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d).
In no case shall outdoor storage be permitter) along any yard that abut
street or public right of way.
(I) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(m)Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual.
(n) Landscaping Standards.
(1) Minimum Percentage of Landscaping: A minimum of fifteen percent (15%) of
the front yard area, or the yard adjacent to State Highway 288, as applicable,
shall consist of landscaped open areas.
(2) Tree Requirements: Trees are required along State Highway 288 as follows,
and at least fifty percent (50%) of the required trees shall be located along the
frontage of the lot, adjacent to State Highway 288.
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1") for each ten feet (10') of
frontage.
b. Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to one inch (1") for each fifteen feet (15') of frontage.
c. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
d. At the time of planting, a minimum of eight feet (8') shall be provided
between a tree trunk and the back of any curb and between a tree trunk
and any planned or existing underground public utility lines.
e. At the time of planting, a minimum of six feet (6') shall be provided
between individual trees.
• (3) Required Interior Site Landscaping:
Chapter 2:Zoning Regulations
Page 2-87
a. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs..
b. No parking space shall be more than fifty feet (50') from a tree:
(4) Irrigation System: A mechanical irrigation system is required to be installed
and maintained.
Ord. No. 2000T-2, Section 2.4.4.3, February 26, 2007.
Ord. No. 2000T-3, Section 2.4.4.3, July 9, 2007.
Ord. No. 2000T-13, Section 2.4.4.3, October 24, 2011.
Ord. No. 2000T-18, Section 2.4.4.3, August 24, 2015.
Ord. No. 2000T-21, Section 2.4.4.3, September 12, 2016.
Ord. No. 2000T-27, Section 2.4.4.3, April 23, 2018.
Section 2,4.4.4 NS, Neighborhood Service District
(a) Purpose. The Neighborhood Service District (NS) is intended to permit a limited
area.of service establishments and retail stores for the benefit of adjacent and
nearby residential development and in which district all trade is conducted indoors
and in such a manner as to be capable of placement adjacent to residential districts
without changing the character of the latter.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;.
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a: Minimum Lot Size — Twelve thousand and five hundred (12,500) square
feet in area.
b. Minimum Lot Width -One hundred feet (100').
c. Minimum Lot Depth.- One hundred feet (100').
(2) Size of Yards:
a. Minimum Front.Yard—Twenty-five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Fifteen feet (15') if side yard abuts a residential zoning district.
c. Minimum Rear Yard .
1. Ten feet (10'), except as provided below. -
2. Fifteen feet (15') if rear yard abuts a,residential zoning district.
(d) Height Restrictions. No building shall exceed thirty-five feet(35') in height.
Chapter 2:Zoning Regulations
Page 2-88
(e) Outdoor Activities or Uses. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC.. No outdoor commercial.
ntiv ,ses s�.lbe—permitted in 14 NS Di tript without'. terpporary permit
issued by the City's B lding- fficial Refer to the City B ilrJ vva�
(f) Fences & Screening. Fences and screening shall be provided and maintained as set •
forth in Chapter 4, Article 2, Division 4 of this UDC.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(h) Landscaped Open Area. At least fifteen percent (15%) of the gross site area shall
be maintained in landscaped open area.
(i) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(j) Refuse Containers: All refuse and refuse containers shall be screened from the
view of adjacent public streets and from the view of any adjacent single-family, patio
home, townhouse, and/or multiple-family development(s). Such containers shall not
be located within the front yard area, and shall be to the side or rear of the lot.
(k) Adjacent to a Single-Family Use or Zoning District See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Ord. No. 2000T-13, Section 2.4.4.4, October 24, 2011.
•
Ord.No. 2000T-27, Section 2.4.4.4, April 23, 2018.
Section 2.4.4.5 ,GB, General Business Retail District
(a) Purpose. The General Business Retail District (GB) is intended to permit an
extensive variety of commercial uses including retail trade, personal and business ,
service establishments, offices and commercial recreational uses of limited scope.
These types of commercial uses are conducted wholly within an enclosed building
but may incidentally display merchandise wholly under a permanent part of the main
business structure, such as a marquee.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional'uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
•
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twenty-two, thousand and five hundred (22,500)
square feet in area.
b. Minimum Lot Width - One hundred and fifty feet (150').
c. Minimum Lot Depth - One hundred and twenty-five feet (125').
(2) Size of Yards:
Chapter 2:Zoning Regulations
Page 2-89
a. Minimum Front Yard- Twenty-five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Twenty-five feet (25') if side yard abuts a residential zoning district.
c. Minimum Rear Yard- Twenty-five feet (25')
(d) Height Restrictions. No building shall exceed forty-five feet (45') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Outdoor Activities or Uses. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC. In connection with any
permitted use here hall be-allowed the incidental rlispla„ of merchandi a out of
doors subject to the following limitations:
(1) xcep E rao �t as provided below; .all-d oisplay areas ouc- -doors shatrll-be confined to a
c6c
pedestrian walkway immediately adjacent to the building housing the primary use,
shall not extend from s1 uch bi ilding a distance of more than ten feet (1 0') and shall
fie-located wholly-under a--perm rent part of a main business bui g-succhran
marquee, provided that adequate pedestrian access is maintained. Adequate
pedestrian access shall be an unobstructed thirty-six inch /36") wal wa y
r.....y.........�. .....vvvv v..uu ..v u.� a....v.......a.uvay... c. .cy ..nc �.w.� wv � vvu nwva�
(2) The temporary sale of Christmas-sees and products ass„ciated with celebration of
holidays or national-evert(e.g ukkah, Presidents' Day, Easter, etc.) shall be
permitted for a .period of forty five (15) days prior to the day of the holiday
celebration. The sale of goods in relation to special, local, or store events (e.g.,
spring sale, Pa yen the Gra ►d c cl b event, etc ) shalom„-also be permitted b„t
when he finds:
• a. " That there is an adequate off street parking ar a, approved by the City; and
streets and will not obstruct the visibility alongsuch streets.
Code,.unless expressly authorized herein. .
--storac�as-el-efine�-Sestion llowed only upon ohtaininng a CUIP
and pro ii�Tg screening pursuaant to Sectien4T^.1r1 (d). In ne-case shall outdoor
storage be permitted along any yard that abuts any street or public right of way.
(f) Fences & Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC, and as specified below.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article.2, Division 1 of this UDC.
(h) Landscaped Open Area. At least fifteen percent (15%) of the gross site area shall
be maintained in landscaped open area.
Chapter 2:Zoning Regulations
Page 2-90
(i) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(j) Refuse Containers. All refuse and refuse containers shall be screened from the
view of adjacent public streets and,from the view of any adjacent single-family, patio
home, townhouse, and/or multiple-family development(s). Such containers shall not
be located within the front yard area, and shall be to the side or rear of the lot.
(k) Adjacent to a Single-Family Use or Zoning District. See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
(I) Alcoholic Beverages. The sale, dispensing, and otherwise handling of alcoholic
beverages directly to the consumer for consumption on the premises shall be
permitted only if incidental and secondary to the sale of food for human consumption
on the premises, which shall be construed to mean that at least fifty percent (50%) of
gross receipts must be from sales of food for consumption on the premises. This
regulation shall not apply to private clubs operating within hotels and motels.
Ord. No. 2000T-3, Section 2.4.4.5, July 9, 2007.
Ord. No. 2000T-13, Section 2.4.4.5, October 24, 2011.
Ord. No. 2000T-14, Section 2.4.4.5, January 14, 2013...
Ord. No. 2000T-27, Section 2.4.4.5, April 23, 2018.
Section 2.4.4.6 GC, General Commercial District
(a) Purpose. The General Commercial District (GC) is intended to permit a wide variety
of businesses characterized by those uses that may require an extensive amount of
land for the conduct of business and/or that may require outside storage areas.
(b) Authorized Uses. The following are authorized uses under the .regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
' (2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size — Twenty-two thousand and five hundred (22,500)
square feet in area.
b. Minimum Lot Width - One hundred and fifty feet (150').
c. Minimum Lot Depth - One hundred and twenty-five feet (125').
(2) Size of Yards:
a. Minimum Front Yard- Twenty-five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Twenty-five feet (25') if side yard abuts a residential zoning district •
or a public right-of-way.
Chapter 2: Zoning Regulations
Page 2-91
c. Minimum Rear Yard- Twenty-five feet (25')
(d) Height Restrictions. No building shall exceed forty-five. feet (45') in height.
Additional height may be approved through a.Conditional Use Permit (CUP).
(e) Outdoor Activities or Uses. Outdoor Activities and Uses shall be provided and
maintained as set forth in Section 2.5.3.2 (c) of this UDC. In connection with any
permitted use,there-$ all be .flog ed o tdonrrn-- ties or usees subject cote
(1) Except as provided below, out of doors display, storage and sale of merchandise,
equipment and vehicles shall be permitted.
not be permitted on property adjacent to a residential zoning district.
Conditional Use Permit (in accordance with Article2, Division 3 of this chapter)
authorizing said activities/uses.
Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining a CUP
and pro„iding screening pt sua-Tt to Sectionno case shall outdoor
,i nd—theincidental diE play of }erchandise outs-doors omes+t to the following
limitations:
a. Except as provided below, all display ar as out of doors shall be confined to a
,
shall not extend from such building a distance of more than ten feet (10'), and shall
not be located wholly under a permanent part of a main business building such as a.
marquee, provided that adequate pedestrian access is maintained. Adequate
pedestrian access shall be an unobstructed thirty-six inch (36")walkway.
holidays or national events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be
per }itted fc� ^c+--rorr-aa peri8 ye (n5) days prior to—nhe—da of the
d--s#�erty-f �— ���„Q 3� --hel+clay
celebration. The sale of goods in relation to special, local, or store events (e.g.,
spring sale, Party on the Grand, civic club event, etc.) shall also be permitted, but
shall be limited to four (4) events per calendar year, not to exceed a sale period of
when he finds:
I.That thr re is ar' adequate eff_street parking area approved by the City; and
ii That the location and layout of drives and parking areas, of lighting and of temporary
le will not none its ite a hazard to p blic traveling to the ab tting p blic
��� �}(�$ trru�a—rra'cuizrcv -rn r9 v Tv�aa�uau
streets and will not obstruct the visibility along such streets.
(f) Fences & Screening. Fences and screening shall be provided and maintained as set
forth in Chapter 4, Article 2, Division 4 of this UDC.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
Chapter 2:Zoning Regulations
Page 2-92
1. completely screened from streets or public rights-of-way and any
adjacent non-industrial zoning districts by:
[a] a solid wall or fence not less than eight feet (8') in height, or
[b] a vegetative screen dense enough to be completely opaque year-
round, which is at least four feet (4') tall at planting and at least
eight feet (8') tall within twelve (12) months; and
2. located upon a surface that is acceptable to the City Engineer:
b. City Council approval of a Conditional Use Permit (in accordance with
Article 2, Division 3 of this chapter) authorizing said materials storage or
finished product storage and uses is required for industrial zoning districts
adjacent to residential zoned property.
(i) Performance Standards. No land or building shall be used or occupied within this
district which does not comply with the following standards relating to radioactivity
and electromagnetic disturbances, noise, vibrators, odors and glare.
(1) Radioactivity or Electromagnetic Disturbance: No activity shall be permitted
which emits dangerous radioactivity at any point, or electromagnetic
disturbance adversely affecting the operation at any point of any equipment
other than that of the creator of such disturbance.
(2) Direct or Sky-Reflected Glare: No glare shall be permitted whether from
floodlights or from high temperature processes such as combustion or welding
or otherwise.
(3) Compliance With Other Regulations. All industries will comply with any
appropriate federal and/or state standard as well as any others specified by this
UDC or any other City Codes, such as adopted noise or hours of operation
regulations.
Ord. No. 2000T-2, Section 2.4.4.8, February 26, 2007.
Ord. No. 2000T-6, Section 2.4.4.8, November 26, 2007.
Ord. No. 2000T-13, Section 2.4.4.8, October 24, 2011.
Ord. No. 2000T-27, Section 2.4.4.8, April 23, 2018:
•
Division 5 Corridor Overlay Zoning District
Section 2.4.5.1 COD, Corridors Overlay District
(a) Purpose.
(1) The Corridors Overlay District (COD) is intended to help the City exercise
greater control over the aesthetic, functional and safety characteristics of
development along newly constructed major thoroughfares within the City
where higher development standards can effectively enhance the City's image
as a desirable place to live, work, and shop.
(2) The Corridors Overlay District (COD) is limited to specified areas
encompassing land that has already been assigned conventional zoning district
classifications. It supplements the standards of the underlying conventional
Chapter 2:Zoning Regulations
Page 2-96
districts with new or different standards which are more restrictive. In the event
of a conflict between the standards of the COD and the regulations of. the
underlying zoning district, the standards described herein will prevail.
Regulations of the underlying zoning district not augmented or otherwise
supplemented by the COD will continue to prevail.
(b) District Boundaries. The COD standards apply to the future development and use
of all land with lot frontage on either side of the street right-of-way along the following
specified major thoroughfares:
(1) Pearland Parkway: For the full length of the roadway within the City limits
(2) Oiler Drive: For the full length of the roadway within the City limits
(3) McHard Road: For the full length of the roadwayy within the City limits
(4) SH 35: For the full length of the roadway within the City limits, except within the
Old Townsite District.
(5) Broadway Road: For the full length of the roadway within the City limits, except
within the Old Townsite District
(6) Magnolia Road: For the full length within the City limits of the contiguous
roadway'known as Magnolia Road, County Road 59, Southfork Drive, and
John Lizer Road, except within the Old Townsite District
(7) Kirby Drive: For the full length of the roadway within the City limits
(8) Dixie Farm Road:; For the full length of the roadway within the City limits ,
(9) Beltway 8: For the full length of the roadway within the.City limits
(10)Bailey Avenue: For the full length of the roadway within the City limits
(11) Massey Ranch Road: For the full length of the roadway within the City limits
(12) Cullen Boulevard: For the full length of the roadway within the City limits
(13) Manvel Road (FM11:28): For the full length of the roadway within the City limits.
(c) Lot and Setback Standards.
(1) The minimum front yard building setback adjacent to a specified major
thoroughfare shall be twenty-five feet (25').
(2) The minimum setback for all off-street parking, maneuvering and loading areas
from the right-of-way line of a specified major thoroughfare shall be thirty feet
(30').
(3) The minimum setback for all screening walls and fences, including residential
subdivision fences, from the right-of-way line of a specified major thoroughfare
shall be thirty feet (30').
(4) The'minimum setback for any outside storage area (where permitted by the
underlying zoning district) from the right-of-way line of a specified major
thoroughfare shall be one hundred and fifty feet (150'), unless such area is
screened to one hundred percent (100%) opacity with a screening wall that
matches the primary on-site building or with live vegetation.
Chapter 2:Zoning Regulations
Page 2-97
(5) No buildings, parking areas, or other impervious structures (except as noted
herein), are permitted within the recognized floodway, as identified by the City
Engineer, or within fifty feet (50') of the high bank, whichever is greater, of a
creek or other drainage way proposed as a linear park in the City's Park and
Recreation Master Plan.
a. Permitted exceptions include drainage-related structures and
pavement, paved pedestrian or bike trails, picnic tables, and paved
surfaces beneath picnic tables.
b. The Parks Director may reduce the restriction herein upon a finding
that the proposed construction is consistent with the Park and
Recreation Master Plan or the Hike and Bike Master Plan.
(6) Buildings, parking areas, or other visual obstructions shall not be located in any
required visibility triangle.
(7) The required setback area as described above shall be landscaped, and shall
meet the requirements of Subsection (g) of this Section 2.4.5.1.
(d) Building Facade Standards. Requirements are applicable to any side of a structure
that faces a thoroughfare listed in subsection (b), except for single-family detached
dwellings. A Facade Design Plan of the entire proposed project shall be submitted
with Site Plan review documents.
(1) Building Articulation:
a. Building articulation, which is the expression or outlining of parts of the
building by its architectural design, shall be provided in order to achieve
the following:
1. Create a complementary pattern or rhythm, dividing large buildings
into smaller, identifiable portions.
2. Break up the building mass through offsets and other methods that
articulate the horizontal and vertical building planes.
3. Incorporate details that create shade and cast shadows to provide'
visual relief.
b. Building articulation shall be provided as specified in the following:
1. All nonresidential structures fifty thousand (50,000) square feet in
size or greater, except Public Educational Facilities, shall
incorporate architectural variation of at least three feet (3') in depth
for every twenty-five feet (25') (not cumulatively) in vertical or
horizontal length. Properties zoned M-1 or M-2 shall incorporate
architectural variation of at least one feet (1') in depth for every
twenty-five feet (25').
2. All nonresidential structures less than fifty thousand (50,000) square
feet shall incorporate architectural variation of at least one foot (1')
in depth for every ten feet (10') (not cumulatively) in vertical or
horizontal length.
(2) Building Materials:
a. All structures shall conform to the requirements in Article 6, Division 2 of
this chapter.
Chapter 2:Zoning Regulations
Page 2-98
•
b. Corrugated metal and exposed fasteners. are prohibited. Architectural
metals are prohibited except for miscellaneous trim work.
c. A minimum twenty-five percent (25%) of an exterior wall facing the
specified major thoroughfare shall be transparent, except for Public
Educational Facilities, which are exempt from this requirement, and
structures located in the M-1 or M-2 -zoning districts, .for which the
transparency percentage shall be a minimum of fifteen percent (15%).
d. All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center or integrated 'business development . shall have architectural.
design, color, and materials that are compatible or consistent with an
overall theme, as determined by the Planning Director.
(3)Building and roof colors shall be provided in accordance with an approved color
palette, available in the City's Planning Office. Window/door trim, fascia, soffit,
or similar elements of the building facade are exempt from the color palette as
long as the total area of those elements do not exceed twenty percent (20%) of
the building façade for any side of the building.
(4) Any building that requires openings in the facade for vehicle entry or exit shall
be oriented so that such openings _do not. face a. public roadway unless
adequately screened to minimize the visual impact on the roadway. The
screening should meet the requirements of section 2.4.5.1 (i) (1) (b), 2.4.5.1. (i)
(2), and 2.4.5.1 (i) (3) (c) (a).
(e) Access.and Off-Street Parking Standards. Access and off-street parking shall be
provided in conformance with the City's Engineering Design Criteria Manual (EDCM).
(f) Bicycle Parking.
a. Bicycle parking spaces shall be provided at -an amount equal to a
minimum of five percent (5%) of the required vehicular parking spaces.
b.' Bicycle parking shall be conveniently provided for all uses allowed in the
following zoning districts: Office and Professional, Neighborhood Service,
Business Park-288, General Business, and General Commercial.
c. Each required bicycle parking space shall include a means to secure
individual bicycles:
(g) Landscaping Standards.
(1) Minimum Percentage of Landscaping in' the Required Setback Area: A
minimum of fifteen percent (15%) of the required setback area shall consist of
landscaped open areas with a permeable surface.
(2) Minimum Percentage of Landscaping Generally: A minimum of fifteen percent
(15%) of the gross lot area shall consist of landscaped open areas.
a. Landscaping elements shall be established along the' outside (i.e., the
side nearest the right-of-way) of all required screening elements (refer to
Subsection (h) below).
(3) Tree Requirements: Trees are required along all specified major thoroughfares
as follows, and at least fifty percent (50%) of the required trees shall be located
along the frontage of the lot adjacent to the specified roadways:
Chapter 2:Zoning Regulations
Page,2-99
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
• caliper inches equal to at least one inch (1") for each ten feet (10') of
frontage.
b. Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to one inch (1") for each fifteen feet (15') of frontage,
except for Public Educational Facilities, which are exempt from this
requirement.
c. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
d. At the time of planting, a minimum of three feet (3') shall be provided
between a tree trunk and the back of any curb and eight feet (8') between
a tree trunk and any planned or existing underground public utility lines.
e. At the time of planting, a minimum of six feet (6') shall be provided
between individual trees.
(4) Required Interior Site Landscaping:
a. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs.
b. No parking space designed and intended for the parking of passenger
vehicles driven by customers, patrons, or employees shall be greater than
fifty feet (50') from a tree. Each island shall contain at least one (1) tree.
Public Educational Facilities and industrial uses located in M-1 and M-2
zoning districts shall be exempt from this requirement so long as the
overall landscaping requirement is met onsite.
(5) Irrigation System: A mechanical irrigation system is required to be installed
and maintained.
(6) Adjacent to a Single-Family Use or Zoning District: When a nonresidential
development is established on a tract of land that is adjacent to a single-family
development or to property zoned for single-family use, there shall be a twenty-
five-foot (25') wide landscaped buffer along the property line that is adjacent to
such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
. shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area and may count
toward (g)(1) above.
(7) Detention/retention facilities located in front yards: When a detention/retention
facility is located in a front yard, the facility shall be incorporated into the design
of the development as an amenity, as determined by the Planning Director. In
addition to the street tree requirements, the minimum number of shrubs shall
be equal to the total caliper inches of street trees required under this section
multiplied by five (5). Shrubs shall be maintained at a height of no more than.
thirty-six inches (36") nor less than twenty-four inches (24") as measured from
the surrounding soil line. Shrubs shall be planted in a staggered row along the
street side of the detention/retention facility.
Chapter 2:Zoning Regulations
Page 2-100
(h) Lighting Standards.
(1) Vehicular Circulation & Parking Areas:
a. High pressure sodium or metal halide fixtures shall be used with no direct .
glare onto adjacent properties or public streets. The glare from such
fixtures shall be shielded from adjacent properties and/or public streets.
b. Minimum light level within the parking area shall be 0.5 foot candles when
the attendant facility is in use.
c. Standards, poles, and fixtures shall be a single color, uniform in design
throughout the site and no taller than the height of the building being
served.
d. Creosote treated wooden poles are prohibited.
e. Street lights along the specified corridor shall conform to the standard -
fixture adopted by the City. Installation of such fixture or payment in lieu
of installation shall be required priorr to acceptance of subdivision
improvements by the City or issuance of a certificate of occupancy, as
applicable
(2) Walkway Lighting: Walkway lighting comprised of standard, pole, bollard and
wall-mounted fixtures shall be no greater than twelve feet (12') above grade.
(3) Accent Lighting:
a. Uplighting shall..be concealed or positioned to screen the light source
from adjacent property.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
c. Light, strips, LIE.D:. strips, and other similar lighting around windows,
doors, openings, signs, or any part of the building or site are prohibited.
(i) Screening Standards.
(1) Site Elements Required to Be Screened: The following site elements shall be
screened from the public view from all specified major thoroughfares:
a. Mechanical Equipment
1. Screening shall consist of a decorative wall or architectural element
of the building that is one hundred percent (100%) opaque and
equal to or exceeds the height of the area being screened.
Shrubbery shall be a minimum of three feet (3') in height at the time
of planting, planted every three feet (3') or less on center, and have
year-round foliage.
2.: Roof-mounted equipment shall be screened with materials that are
one hundred percent (100%) opaque. Appropriate screening
includes an extension of the wall, such as a parapet wall, on which
the equipment is mounted.
b. Vehicle Loading and Unloading Areas
1. Screens shall incorporate shrubbery having year-round foliage
and\or a; wall or architectural element of the building that is a
Chapter 2:Zoning Regulations
Page 2-101
•
•
minimum of six feet (6') in height and is a maximum of seventy-five
percent (75%) opaque.
c. Refuse, Refuse Containers, and Recycling Containers
1. Screens shall consist of a solid wall or architectural element of the
building that is a minimum six feet (6') in height.
(2) Screening Elements Required: All screening walls visible from a public street
shall be:
a. Constructed of masonry materials that are consistent with the color and
design of the primary on-site structure.
b. Consistent in color and design with the building architecture.
c. Uniform in style and materials along the entire length of the screen within
a single development.
(3) Screening Elements Prohibited: No fence or wall visible from a public street
shall be:
a. Greater than eight feet (8') in height, or greater than four (4) feet in height
if Section 4.2.4.3 (a) (2) (b) applies.
b. Located within any required visibility triangle.
c. Constructed with any of the following materials: wood, surface painted or
coated concrete, chain link, concertina wire, barbed wire, corrugated
metal, or fiberglass panels. Exceptions:
Exceptions:
1. Barbed wire may be used solely to control livestock.
2. Public Educational Facilities shall be permitted to use chain link
fence along the perimeter of sports fields and detention basins.
Any chain link fence located one hundred feet (100') or less from a
thoroughfare listed in subsection (b) shall be constructed of chain
link material that is entirely coated by vinyl, powdercoating, or
other durable material that is black or dark green in color, and
shall also include one of the following features:
A. an evergreen vegetative screen outside the fence
consisting of a combination of shrubs and trees that meet
the following requirements:
(i) shrubs shall be planted.every three feet (3') or less
on center and shall be at least four feet (4') tall at
planting;
(ii) trees shall be planted every thirty feet (30') or less
and shall be at least two inches (2") in diameter
measured by caliper; or
B. masonry columns that are:
(i) no less than twenty inches (20") in width and depth;
(ii) at least twelve inches (12") taller than the adjacent
chain link sections;
(iii) spaced no further than twenty feet (20') apart;
Chapter 2:Zoning Regulations
Page 2-102
(iv) topped with decorative masonry caps at least six
inches (6") tall that project at least two inches (2")
from the front facades of the columns; and
(v) constructed of materials similar in color, design, and
architecture to that of the primary structure.
C. All other fences within Public Educational Facilities shall be
constructed of materials consistent in color, design, and
architecture to the primary on-site structure.
3. Wood may be used if completely screened with vegetation
pursuant to Section (i) (3) (c) 2 A (i) above, with a 3' landscape
planting area, or with a landscape alternative approved by the
Planning Director or designee.
(4) Residential Subdivision Fences:
a. Residential subdivision fences shall be uniform in style', color, and
material along the length of the subdivision.
b. If visible from a street right-of-way, subdivision fences shall be
constructed of masonry materials. However, large-lot-subdivisions, which
are defined as subdivisions with average lot sizes of one-half acre or
more, shall be permitted to be screened with a wood rail fence.
(5) Fences constructed around detention ponds or basins and visible from a
public or private street, shall be constructed of decorative wrought iron or
chain link material in accordance with the standards set forth in subsection (i)
(3) c. 2. above for chain link fences located one hundred feet (100') or less
from a thoroughfare listed in subsection (b).
(j) Buffering Standards.
(1) Site Elements Required to Be Buffered: The following site elements shall be
visually buffered from the public view from all specified major thoroughfares:
a. Parking Areas - Outdoor parking areas that are visible from any street
right-of-way. -
b. Fuel Pumps- Fuel pumps located between the street and the building.
c. Drive-Up Windows-Vehicle drive-up windows facing the street.
(2) Buffering Elements Required: Required buffering shall be a maximum of three
feet (3') in height shall be provided by way of one or more of the following:
a. Freestanding masonry wall.
b. Landscaped earth berm with a maximum four-to-one (4:1) slope.
Retaining walls may be used to facilitate berming. Berms shall be
maintained at a height of no more than thirty-six inches (36") not less than
twenty-four inches (24").
c. Shrubbery having year-round foliage. Shrubs shall be maintained at a
height of not more than thirty-six inches (36") nor less than twenty-four
inches (24") as measured from the-surrounding soil line and at a minimum
thirty-six inch (36") spacing.
Chapter 2: Zoning Regulations
Page 2-103
(k)
merchandise out of doors is permitted within the base zoning district.
,
marquee, provided that adequate pedestrian access is maintained. Adequate
pedestrian access shall be an unobstructed thirty-six inch (36")walkway.
temporary sale of goods in relation to special events (c.g., Hanukkah, Presidents'
Day, Easter, etc.) shall be per-mitted far a pe
,
local, or store events (e.g., spring sale, Party on the Grand, civic club event, etc.)
shall also be permitted, but shall be limited to one (1) event per calendar year, not to
exceed a sale period of more than sixty (60) days. The Building Official shall i,sue a
permit for such sale when he finds:
Th is n d u to off street parking area approved by the City• and
�T-rrat�FeF�--r�-�n-cive�zrtzccvri-ari ccrparmrr9 '� h't' 7 >>
b. That the location and layout of drives and parking areas, of lighting, and of temporary
le ign will not „onstitute a hazard to public travelin -te the- l-tti lic
SJ Ctrv��79,,� �rrr-,zv�v rrccrcv-C-rrarc2rv-c � r
#reet and will not obstruct the vi ibilit y along such street
No outer ttyppe of o„tdoor antivit�rvse shall he permitted in the COD District witho
temporary permit issued by the-City's B iilvcr drtvmg-Official-pursuant to the City B iilding
(ode uoles expressly authorized herein
,
Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining a CUP
and pr, m9_screening- suant- e-Sectioncas er
storage be permitted along any yard that abuts any street or public right of way.
Outdoor storage and display in M 1 and M 2 zones shall be permitted within fenced
areas. Fenccc around di play an� rage areas, visible from a public or priyat
complies with the standards set forth in subsection (i) (3) c. 2. above.
(I) Sidewalk Standards.
(1) Location: The required sidewalk along all specified major thoroughfares may
be located within the front yard building and parking setbacks as well as the
parkway area from the back of curb to the right-of-way line. Sidewalks shall not
be required for development along Beltway 8 frontage roads.
(2) Easement Required: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of street right-of-way.
(3).Curved Alignment Required: The required sidewalk shall have a curved
alignment for at least eighty percent (80%) of the major thoroughfare street
frontage. Sidewalks on intersecting streets shall not have a curved alignment
unless approved by the City Engineer.
(4) Construction Criteria: Construction criteria for the required sidewalk:
Chapter 2:Zoning Regulations
Page 2-104
a. Minimum six feet (6') wide.
b. Minimum eight-foot (80') centerline radius, maximum intersection angle of
twenty (20) degrees, , and maximum twenty-foot (20') foot tangent
between sidewalk curves.
c. Minimum six-foot (6') separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d. Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e. Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk.
f. Deviations from these criteria may be approved by the City Engineer for
good cause such as cases of unusual or unique topography or to
preserve desirable natural features.
(5) A minimum six-foot (6') wide pedestrian sidewalk shall connect the perimeter
sidewalk to the building entry. This connecting sidewalk shall be accessible,
readily visible, and paved.
(m) Utilities. All utility service .lines shall be located underground. Where the
underground placement of facilities is not a standard practice of the utility, the
utility's customer shall make arrangements with the utility for payment of all costs
associated with the non-standard installation. With the exception of the customer
responsible for the non-standard installation, neither the utility nor the utility's other.
customers shall be responsible for any costs of non-standard installation of utilities.
Notwithstanding the requirements of this section, nothing in this ordinance shall be
interpreted in a manner that conflicts with a utility's state-approved tariff. Above-
ground lines may be located in the rear or other areas of the property as
necessary, however such lines must not prominent from the front view of the
property or from the view of roadways (the visibility of the poles must be partially or
• wholly obscured). Any determination on whether utilities are prominent shall be
made by the Planning Director.
(n) Temporary Buildings. No temporary building shall b.e permitted for any type of use.
Ord. No. 2000T-2, Section 2.4.5.1, February 26, 2007.
Ord. No. 2000T-3, Section 2.4.5.1, July 9, 2007.
Ord. No. 2000T-6, Section 2.4.5.1, November 26, 2007.
Ord. No. 2000T-8, Section 2.4.5.1, August25, 2008.
Ord. No. 2000T-11, Section 2.4.5.1, July 27, 2009.
Ord. No. 2000T-12, Section 2.4.5.1, June 28, 2010.
Ord. No. 2000T-14, Section 2.4.5.1, January 14, 2013.
Ord. No. 2000T-16, Section 2.4.5.1, December 16, 2013.
Ord. No. 2000T-18, Section 2.4.5.1, August 24, 2015.
Chapter 2:Zoning Regulations
Page 2-105
Convenience Store
(Without Gasoline C C C • CCP CCCCP PPC
Sales)
Copy/Printing Shop P P P CCP P C P P P PPC
Department Store
(Retail Only,for
Hardware,Sporting P P P P P P P C
Goods,Toys, Paints,
Wallpaper, and/or
Clothing) -
Food P P P P C P PC
Store/Supermarket
Food Sales On or Off P P P PP P PC PP P PC
Premise
Furniture and/or
Appliance Store (Retail P P P C C P C P P P C
or Rental Only, Indoor
Only)
Garage and/or Yard PP CCP CCCCCC
Sales
Garden Shop &Outside
Plant Sales (i.e., Plant CCP CCCCCP PC
Nursery)
General Retail Store,
CCP CCP PP P PC
other than listed
Hardware Store C C C CCP CCCCCP PC
Jewelry Store P P P C C P C P P P PC
Liquor/Package Store C C C
Market-Open Air(i.e., C C C C C C C
Flea Market) -
Medical Appliances &
Sales C P C P P P C
Micro-Brewery/Micro- C CC C CC CC
Distillery/Micro-Winery
Outside Display{See .
related regulations in p C P PC
applicable zoning
districts}
Piano and Musical '
Instruments (Retail P P P C P C P P 'P C
Only)
Pet Shop-Small P P P P P PPC
Animals, Birds or Fish
Restaurant(With Drive-
In and/or Drive-Thru C C C C C P C C P PC
Service)
P= Permitted C=Conditional Use Permit T=Temporary Commercial Permit
Chapter 2:Zoning Regulations
Page 2-122
Dental
Liquefied Petroleum C I
Storage &Sales
Locksmith/Key Shop - C C C C C P PP
Lumber Mill/Yard C C d
Manufactured Home -
Display,Sales and/or P P P
Rental (New or Used)
Medical Device
Assembly P P PPP.. C. - p p�
Metal, Machine or p P CC P P P
Wood Shop
Milk Depot
Wholesale P P Pi
Mini-Warehouse/Self
C C C C
Storage
Mobile/Manufactured
Home Sales or Rental C C C
Only
Moving and Storage
C C P P
Company C
News Printing/Book
C C C P Pi
Binding {
Office Warehouse
Storage or Sales _
(Defined Under Storage P P P P P
or Wholesale
Warehouse)
Outside Storage C C C P P
Pet and Animal C C C C C P C P P
Grooming Shop
Pet Care
Facility/Animal Kennel P CCCCCCP C C P P PPP PI
(With Indoor Pens)
Pet Care
Facility/Animal Kennel C C
(With Outdoor Pens)
Petroleum Products
Bulk Storage C C C1
(Wholesale)
Pipe Processing or C C P
Storage Yard
Plumbing or Carpenter ...,_
Shop (No Outside- - ., . P; P C C: C : C. C P PP!
Storage) -
P=Permitted C=Conditional Use Permit T=Temporary Commercial Permit
Chapter 2:Zoning Regulations
Page 2-127
Section 2.5.3.2 Regulations Specific to Use
(a) Micro-Brewery/Micro-Distillery/Micro-Winery — Each facility must meet the following
• conditions:
a. Maximum Size of the facility and all associated uses shall be 15,000 square feet.
b. The establishment will include at least one of the following uses, associated with
the facility, and located in the same building: a restaurant, tasting room, bar, or
lounge, that shall meet the following conditions:
•
i. All prescribed conditions associated with the retail, restaurant, tasting
room, bar, or lounge shall be met including separation distances and
buffers,
ii. The minimum size of the associated retail, restaurant, tasting room, bar,
or lounge shall be 10% of the total square footage of the facility and all
associated uses, or 1,000 square feet, whichever is less
iii. All Texas Alcoholic Beverage Commission (TABC) regulations will apply.
Mobile Food Units and Concessionaires will be permitted for Breweries, Micro
Distilleries, and Micro Wineries with the conditions as listed below and in conjunction
with the CUP for the above mentioned uses.
1. Number of Mobile Food Units and Concessionaires shall be limited to a
maximum of three per site, with a minimum of one acre site area per Unit.
2. Vendors shall not use the site as a commissary.
3. Vendors shall not be allowed to stay overnight on the property and shall
operate only during the hours that the brewery/distillery/winery is open.
4. The areas for Mobile Food Units and Concessionaires shall be outside the fire
lane and will not encroach on required parking spaces for other primary and
accessory uses on site.
•
5. Food handlers shall follow current Pearland standard for obtaining a "Food
Handlers Permit".
6. Mobile Food Units and Concessionaires shall not be located on parcels that
are adjacent to residential uses or zones.
7. Mobile Food Units and Concessionaires shall be screened from view of
adjacent streets, similar to parking spaces, as per applicable criteria outlined in
Section 4.2.2.4 (d) of the UDC. Additionally, food trucks Mobile Food Units and
Concessionaires shall not have their rear façade facing the street or circulation
driveways, unless adequately screened as per the Screening and Fencing
requirements in Chapter 4, Article 2, Division 4 of the UDC. Additional
screening may be required as a condition of approval of the CUP.
8. Associated equipment, such as generators, gas tanks, etc. shall not be located
in areas visible to the public or from streets and driveways, unless screened
Chapter 2:Zoning Regulations
Page 2-133
from view, as'per the Screening and Fencing requirements in .Chapter 4,
Article 2, Division 4 of the UDC.
•
9. Additional parking shall be provided as per the UDC for food trucks and
concessionaires. j.
10.Other conditions of the CUP, as approved by the City Council.
(b) Massage Establishment - Each facility established after (January 28, 2019) must
meet the following conditions:
1. ' A massage establishment may only operate between the hours of 8:00 A.M
to 10:00 P.M. each day.
2. Outside windows of a massage establishment shall be transparent and the
view from the outside into the lobby/waiting area shall be unobstructed.
3. All doors shall remain unlocked during normal business hours.
a. A place of business where a licensed massage therapist practices as
a solo practitioner in a manner consistent with the applicable
provisions of Section 455.155 of the Texas Occupations Code, as
amended, is exempt from this.regulation. °
4. At no time shall a massage establishment provide a residence or dwelling to
accompany this occupancy.
5. Licenses issued by the State for the establishment and the people working in
it who are required;to have a State license must be displayed and easily
viewable with the lobby or waiting area.
6. A peace officer appointed or employed by a law enforcement agency of this
state, or a licensed Code Enforcement Officer employed by the City, may
enter the premises of a massage establishment pursuant to Sections 455.104
and 455.353 of the Texas Occupations Code.
a. If entry and access to the premises of the massage establishment is
denied, entry shall be made under authority of a warrant to inspect the
massage establishment.
7. The City may revoke the Conditional Use Permit and/or the Certificate of
Occupancy of a massage establishment for violations including, but not
limited to the following: _
a. Any regulation set forth in Sec.2.5.3.2 (b) above;.and
b. The following Texas Penal Codes:
i. PC 20A-Trafficking of Persons,
ii. PC 43.02-Prostitution,
iii. PC 43.03 Promotion of Prostitution,
iv. PC 43.04 Aggravated Promotion of Prostitution,
v. PC 43.05 Compelling Prostitution,
vi. PC 43.25 Sexual Performance by a Child, or
vii. PC 43.251 Employment Harmful to Children.
Chapter 2:Zoning Regulations
Page 2-134
(C) Outdoor Activities and Uses —No outdoor activity or use shall be permitted in the below
districts without a CUP or temporary permit issued by the City's Building Official pursuant
to the City Building Code, unless expressly authorized herein:
Outdoor Seating Outdoor Storage Outdoor Display Outdoor Sales
OT-MU P
OT-GB P P
RRN C C
OP
BP-288 P C
NS P T(4)See 2 and 5
GB P C P T(6)sees
GC P C P T(6)see s
•
1. All Land Uses as listed within Land Use Matrices and defined within Chapter 5 may have more
specified allowances or requirements which would supersede the above requirements.
2. Outdoor activities are limited to non-residential uses in residential zoning districts as per Section
2.5.6.2 of.this Chapter.
3. For GB and GC zoning districts, outdoor activities or uses shall be limited to the portion of the
property that is not adjacent to the residential use or zoning district. Should a non-residential
use in a residential zoning district be adjacent to either of these zoning districts then outdoor
activities or uses may be allowed in that yard provided that the required buffer is maintained.
4. All display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to
the building housing the primary use, shall not extend from such building a distance of more
than ten feet(10'),and shall not be located wholly under a permanent part of a main business
building such as a marquee, provided that adequate pedestrian access is maintained. Adequate
pedestrian access shall be an unobstructed thirty-six inch (36")walkway.
5. All temporary sales shall be limited to the number of occurrences listed between the
parenthesis (x).Temporary sale of products associated with the primary use of the site and
affiliated with the celebration of a holiday or national events (e.g., Hanukkah, Presidents' Day,
Easter, etc.) shall be permitted for a period of forty-five (45) days prior to the day of the holiday
celebration.The sale of goods in relation to special, local, or store events (e.g., spring sale, Party
on the Grand, civic club event, etc.) shall also be permitted, but shall be limited to the above
number of occurrences, not to exceed a sale period of more than sixty(60) days.
The Building Official shall issue a permit for such sale when he finds:
i. That there is an adequate off-street parking area, approved by the City;
and
ii.That the location and layout of drives and parking areas, of lighting and of temporary
sales signs will not constitute a hazard to public traveling to the abutting public streets
and will not obstruct the visibility along such streets.
Ord. No. 2000T-27, Section 2.5.3.2, April 23, 2018.
Ord. No. 2000T-29, Section 2.5.3.2, January 28, 2019.
•
Division 4— Home Occupations
Chapter 2:Zoning Regulations
Page 2-135
Section 3.1.1.7. Certifications
(a) Reasons for Denial. A written summary of the reasons for denial of a plat
application shall be provided by the responsible official to the applicant upon written
request by the.applicant. For purposes of this section, conditional approval of a plat
application shall not be considered a denial.
(b) Exemption Determination. The responsible official, upon written application of a
property owner, a utility provider, or the City Council, shall certify in writing whether a
plat is required under this,Article.or whether an exemption under Section 3.1.1.3.
applies to a proposed development. The responsible official shall notify the
petitioner of the determination within twenty (20) days of the date the petition is
received, or within ten (10) days of the date of the decision, whichever is earlier, in
the manner provided in Article 2, Division 1 of Chapter 1. The petitioner may appeal
the responsible official's decision in th'e manner. provided in Article 3, Division 1 of
Chapter 1.
(c) Certification of Action on Plat. If a utility provider or the City Council requests the
status of a plat for the land, the responsible official shall certify whether a plat has
been prepared and any action taken on the plat in the manner and within the time
periods listed in Subsection (b) above:
Division 2- Master Plat'
Section 3.1.2.1 Purpose, Applicability, and Effect
(a) Purpose. The purpose of a Master Plat Plan shall be to delineate the sequence and
timing of development within a proposed subdivision,- where the tract to be
developed is part of a larger parcel of land owned or controlled by the applicant, in
order to determine compliance with' the 'City's Comprehensive Plan and the
availability and capacity of public improvements needed for the subdivision and the
larger parcel.
(b) Applicability.
(1) A Master Plat P lanrshall be required for any division of land where proposed
development of the tract is to occur in phases. A Master Plat Plan may not be
accepted for filing if the land subject to`the plat exceeds three hundred (300)
acres for single-family residential developments, or one' hundred (100) acres
for other types of developments. Non-residential and residential mixed-use
developments shall not exceed four'hundred (400) total acres. Phasing for the
Master Plat Plan shall 'not exceed a time period of ten (10) years. The
applicant shall submit a schedule showing the proposed phasing of
development that shall be approved along with the Master Plat Plan: If the
land subject to the Master Plat Plan is part of a larger parcel, the remaining
land shall be shown as a remainder tract, but shall not be included within the
Master Plat Plana
(2) Not more than one' (1) Master' Plat Plan 'at a time shall be submitted for a
phased development. A, previously submitted Master Plat and related
Preliminary Subdivision Plat or Preliminary Development Plat shall be
Chapter 3: Subdivision Regulations
Page 3-12
approved prior to any subsequent Master Plat Plan application for a phased
development.
(3) A Master Plat Plan also shall be required for land in a Planned Development
(PD) zoning district or as part of a development agreement, and in either case,
the applicable amount of. land may exceed the size limitations set forth in
Subsection (b)(1) above. .
(c) Effect.
(1) Approval of a Master Plat Plan authorizes the subdivider to submit a
Preliminary Subdivision Plat or Preliminary Development Plat application for
each phase of development shown on the plat, subject to the schedule of
development approved for the land.
(2) Once a Master Plat Plan has been approved, all plats approved thereafter for
the same land shall be consistent with the Master Plat for so long as the Master
Plat Plan remains in effect. Minor variations between the Master Plat Plan and
the subsequent plat application(s) shall be permitted; however, in no case shall
minor variations be deemed to include any increase in the residential density,
number of units, building coverage or square footage, and/or impervious cover
of the proposed development.
Section 3.1.2.2 Application Requirements
(a) Responsible Official. The Planning Director shall be the responsible official for a•
Master Plat Plan.
(b) Submittal. All applications shall be submitted on a form supplied by the Planning
Department with the required information as stated on the application form.
(c) Prior Approved Applications. An application for a Master Plat Plan shall not be
approved unless all zoning amendments, including a request for a Planned
Development District, which are necessary to authorize the proposed uses have
been approved and remain in effect for the land included in the Master Plat Plan.
Where applicable, approval of a Cluster Development Plan also is required prior to
approval of a Master Plat Plan application. If the Cluster Development Plan includes
details regarding the phasing of the development, then no Master Plat Plan will be
required for said development.
(d) Accompanying Applications.
(1) An application for a Master Plat Plan may be accompanied by an application
for rezoning approval, including a request for a Planned Development District,
or a Cluster Development Plan, where applicable. The rezoning application
and the Cluster Development Plan shall be decided first. The applicant must
execute a waiver of the time period required for Master Plat Plan approval.
(2) An application for a Master Plat Plan may be accompanied by an application
for approval of a Preliminary Subdivision Plat or Preliminary Development Plat
for the first phase of the project, provided that the application for Master Plat
Plan shall be decided first.
Chapter 3: Subdivision Regulations
Page 3-13
Ord. No. 2000T-13, Section 3.1.2.2, October 24, 2011.
Section 3.1.2.3 Decision
(a) The Planning and Zoning Commiscion Planning Director shall decide whether to
approve, approve with conditions or deny the Master Plat Plan application. The
conditions may relate to, among other matters, compliance with the City's
Comprehensive Plan, and the availability and capacity of public improvements.
Section 3.1.2.4 Criteria for Approval
(a) Factors. The following criteria shall be used to determine whether an application for
a Master Plat Plan shall be approved, approved with conditions, or denied:
(1) The Master Plat Plan is consistent with all zoning requirements for the
property, and any approved development agreement;
(2) The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities are adequate to serve each phase of the
subdivision and generally meets the standards of this Chapter 3;
(3) The schedule of development is feasible and prudent, and assures that the
proposed development will progress to completion within the time limits'
proposed; and
(4) If the land lies within a Planned Development (PD) zoning district or is subject
to a Cluster Development Plan, the proposed Master Plat Plan conforms to the
PD or and is'consistent with the incorporated Design Plan, or is consistent with
the approved Cluster Development Plan;
(5) The location, size and sequence of the phases of development proposed
assures orderly and'efficient development of the land subject to the plat;
(6) Where the proposed development is located in whole or in part in .the
extraterritorial jurisdiction of the City and is subject to an interlocal agreement
under Texas Local Government Code, Chapter 242, or is located within a
drainage district, the proposed Master Plat Plan meets any county or drainage
district standards to be applied under the agreement or district rules.
(7) The Master Plan is consistent with the adopted Comprehensive Plan,
except where application of the Plan conflicts with state law.
(b) Conditions. In addition to any other conditions required to conform the plat to the
standards of this Unified Development Code, the Planning and Zoning Commission
may condition approval on exclusion of land from the Master - Plat Plan or •
adjustments in the proposed sequence or timing in the proposed phases of the
development. .
Section 3.1.2.5 Expiration and Extension
•
Chapter 3:Subdivision Regulations
Page 3-14
(a) Time of Expiration. Expiration of the Master Plat Plan shall be five (5) years from
the date a complete application is officially filed, unless otherwise governed by the
schedule of development approved by the Planning and Zoning Commission. The
subdivider shall submit and receive approval for a Preliminary Subdivision Plat or
Preliminary Development Plat, where applicable, for the first and all subsequent
phases of the Master Plat Plan within the time limits prescribed in the approved
phasing schedule. Failure to meet a platting deadline included in the phasing
schedule shall result in the expiration of the Master Plat Plan for that and all
subsequent phases of the subdivision. Expiration of the Preliminary Subdivision
Plat, Preliminary Development Plat, Final Subdivision Plat, or Final Development Plat
for any phase of the Master Plat Plan shall result in the expiration of the Master Plat
Plan for all phases for which any type of preliminary plat has not been approved.
(b) Extension. The expiration date for any phase of the development may be extended
by the Planning and Zoning Commission under Chapter 1, Article 2, Division 5.
Extension of the expiration date for the phase extends the expiration date for the
Master Plat Plan for a like period. A Master Plat is not subject to reinstatement
following expiration.
Section 3.1.2.6 Remainder Tracts
(a) Definition. A remainder tract is that portion of a larger parcel that is not included
within the boundaries of a subdivision plat. Remainder tracts shall not be considered
lots or tracts of the subdivision. Approval of a subdivision plat shall not constitute
approval of development on a remainder tract.
(b) Information accompanying a subdivision plat application for remainder tracts shall be
deemed to be an aid to the Planning and Zoning Commission in taking action on the
plat application and may be used to determine whether development of the land
subject to the plat will be adequately served by public facilities and services and is
otherwise in compliance with this Unified Development Code, taking into account the
development of the property as a whole. Information concerning remainder tracts,
including topography, drainage, and existing and planned public improvements, may
be considered in formulating conditions to approve the plat application. Based upon
such information, the Planning and Zoning Commission may require that additional
or less land be. included in the subdivision plat in order to satisfy the standards
applicable to the plat application.
•
Division 3: Preliminary Subdivision Plats
Section 3.1.3.1 Purpose, Exceptions and Effect
(a) Purpose. The purpose of a Preliminary Subdivision Plat shall be to determine the
general layout of the subdivision, the adequacy of public facilities needed to serve
the intended development and the overall compliance of the land division with
applicable requirements of this Unified Development Code.
(b) Exceptions. A Preliminary Subdivision Plat is not required when a Minor
Subdivision Plat is submitted (Chapter 3, Article 1, Division 6).
Chapter 3: Subdivision Regulations
Page 3-15
(c) Effect. Approval of a Preliminary Subdivision Plat shall authorize the subdivider to
submit construction plans for approval by the City Engineer under Division 8 of
Article 1 of this Chapter and, upon approval of such plans, to construct public
improvements to serve the subdivision in accordance therewith. Approval of a '
Preliminary Subdivision Plat also shall authorize the.subdivider to seek approval of a
Final Subdivision Plat for the land subject to the Preliminary Subdivision Plat.
Section 3.1.3.2 Application Requirements
(a) Responsible Official. The Planning Director shall be the responsible official for a
Preliminary Subdivision Plat.
(b) Application Contents. All applications shall be submitted on a form supplied by the
Planning Department with the required information as stated on the application form.
(c) Accompanying Applications. An application for a Preliminary Subdivision Plat
may be accompanied by an application for rezoning,approval, including a request for
a Planned Development District, or a Cluster Development Plan, where applicable or
a Master Plat Plan application. The rezoning application, the Cluster Development
Plan and Master Plat application shall be decided first. The applicant must execute a
waiver of the time period required for Preliminary Subdivision Plat approval.
Section 3.1.3.3 Decision
(a) The Planning and Zoning Commission shall decide whether to approve, approve with
conditions or deny the Preliminary Subdivision Plat application. The action of the
Commission shall be noted on two copies of the Preliminary Subdivision Plat,
referenced and attached to any'conditions determined. One copy shall be returned
to the applicant.and the other retained in .the City's files. A notation of the action
taken on each Preliminary Subdivision Plat application and the reasons for the action
shall be entered in the minutes of the Commission.
Section 3.1.3.4 Criteria for Appro'al
(a) The following criteria shall be used to determine whether the application for a
Preliminary Subdivision Plat shall be approved, approved with conditions, or denied:
(1) The plat is consistent with all zoning requirements for the property, and any
approved development agreement;
(2) The plat conforms to the general layout of the approved Master Plat (with minor
variations as described in Section3.1.2.1), if any, and is consistent with the
phasing plan approved therein;
(3) The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities conform to the master facilities plans for the
facilities, including without limitation the water facilities, wastewater facilities,
transportation, drainage and other municipal master facilities plans;
Chapter 3: Subdivision Regulations
Page 3-16
property and to the dedications and covenants that may be contained in the plat.,
Such lienholder consent shall be subject to review and approval by the City Attorney.
Ord. No. 2000T-2, Section 3.1.5.2, February 26, 2007.
Ord. No. 2000T-11, Section 3.1.5.2, July 27, 2009.
Section 3.1.5.3 Decision
(a) Decision. The Planning and Zoning Commission shall decide whether to approve,
approve with conditions, or deny the Final Subdivision Plat.
(b) Certification. A notation of the action taken on each Final Subdivision Plat
application and the reasons therefore shall be entered in the minutes of the Planning
and Zoning Commission. The Director's notification to the applicant under Article 2,
Division 2 of Chapter 1 following approval of a Final Subdivision Plat or shall
constitute certification that the plat has been approved by the Commission.
Ord. No. 2000T-11, Section 3.1.5.3, July 27, 2009.
Section 3.1.5.4 Criteria for Approval
(a) The following criteria shall be used to determine whether the application for a Final
Subdivision Plat shall be approved, approved with conditions or denied:
(1) Prior Approved Preliminary Subdivision Plat:
a. The Final Subdivision Plat, conforms to the approved Preliminary
Subdivision Plat, as applicable, except for minor changes authorized under
divisions 3 or 4 of this Article and that may be approved without the
necessity of revising the approved Preliminary Subdivision Plat;
b. All conditions imposed at ,the time of approval of the Preliminary
Subdivision Plat, as applicable, have been satisfied;
c. Required public improvements have been installed, conform to the
approved construction plans, and have been approved for acceptance by
the City Engineer; or improvements such as the waterlines, sewer lines,
storm water infrastructure and streets are 85-90% complete and have met
the requirements of the Engineering Department.
d. Where the City Engineer has authorized public improvements to be
deferred, the subdivision improvement agreement and surety have been
executed and submitted by the property owner in conformity with Division 8
of this Article;
e. The final layout of the subdivision or development meets all standards for
adequacy of public facilities contained in this Chapter; and
f. The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Texas Local Government
Code, Chapter 242, where the proposed development is located in whole or
Chapter 3: Subdivision Regulations
Page 3-23
Personal & Business Service Uses
Indoors Only)
Laundromat (Self- P C C Cr P P P
Service Laundry)
Massage Establishment. C C
Microblading PP P P C P P P PP
Rehabilitation Care
Facility (Halfway C C. C CCCC
House)
Rehabilitation Care
Institution C C C C C C
(Commercial)
Seamstress,Tailor or
Laundry Dry Cleaning
(Retail Only- Drop P P P PPPCCCCP PP
Off/Pick Up)
Studio or Learning
Center for Fine or P C C CCP CC . PCCP P PP
Performing Arts
Studio.-Tattoo or Body
Piercing
Retail &Business Service Uses
m
00 00
e.1 m Ln 0 H F o- a of m U '
cn VI cn VI VI U C7 0 0 m 0 CO Z W W
Animal Hospital (No C C C P, C
Outside Pens)
Antique Shop (No
outside storage) .
Antique Shop (With C C C CCCC CCCCPC
outside storage).
Art Museum, Dealer, or P P P PP P P CCCP PC
Studio i
Astrology, Hypnotist or C CCCP PC
Psychic Arts .
Bakery(Wholesale) P P P P' P PC CCCP PC
Cafeteria C C C CCP PC P P P PC
Catering Service P C C P' . P PCPCCCP PC
Cigars,Tobacco or E-
Cigarettes Shop (Retail C C C CCCCCC
Only)
Coffee Roasting C PC C P C P PC i
i
P=Permitted C=Conditional Use Permit T=Temporary Commercial Permit
Chapter 2:Zoning Regulations
Page 2-121