Ord. 2000-T-32 2020-08-10Ordinance No. 2000-T-32
An Ordinance of the City Council of the City of Pearland, Texas, amending
selected provisions of the Unified Development Code regarding the
following section; 1. Removing references to the "Director of Parks" within
Division 2 of Chapter 4 and replace with "City Manager or their designee",
2. Removing references to the "Director of Engineering" and replace with
the "City Engineer" and remove references to the "Director of Planning"
and replace with the "Director of Community Development" throughout the
UDC, 3. Clarifying the language to define the characteristics between a
dwelling unit and an accessory residential structure within Chapter 5, 4.
Clarifying banner signs regulations by removing the banner permit fee from
Section 4.2.5.5(c)(3), 5. Removing and adding language to allow banners
attached to lighting fixtures in parking areas of sites used as public
educational facilities or campuses.
WHEREAS, on the 20th day of July, 2020, 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 21St day of July, 2020, 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 loth day of August,
2020.
A a ROAN, TRMC
CITY SECRETARY
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TOM REID
MAYOR
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PASSED and APPROVED ON SECOND AND FINAL READING this the
24L day of August, 2020.
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CRYS AL ROAN, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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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
Text Amendments to the Unified Development Code (UDC): 2000-T 32
Notice is hereby given that on July 20, 2020, at 5:30 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 Virtual Public Hearing via tele/video
conference, at the request of the City of Pearland, for proposed amendments to
the Unified Development Code, Ordinance No. 2000T, to include the following:
1. Removing references to the "Director of Parks" within Division 2 of Chapter 4
and replace with "City Manager or their designee".
2. Removing references to the "Director of Engineering" and replace with the
"City Engineer" and remove references to the "Director of Planning" and replace
with the "Director of Community Development" throughout the UDC.
3. Clarifying the language to define the characteristics between a dwelling unit
and an accessory residential structure within Chapter 5,
4. Clarifying banner signs regulations by removing the banner permit fee from
Section 4.2.5.5(c)(3).
5. Removing and adding language to allow banners attached to lighting fixtures
in parking areas of sites used as public educational facilities or campuses.
All interested parties may submit comments about the subject to
mbireima@pearlandtx.gov before 12:00 p.m. on the meeting date. Additionally,
there may be opportunities for live participation during the meeting as described
on the meeting agenda which will be made available 72 hours prior to the meet-
ing via the following link: https://pearlandtx.civieweb.net/Portal/.
Mohamed A. Bireima, AICP
Senior Planner
Page 4 of 6
Ord. No 2000T-30
Exhibit B
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
July 21, 2020
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-32
Honorable Mayor and City Council Members:
At their regular meeting on July 20, 2020, the Planning and Zoning Commission
considered the following: Amendment T-32 to the Unified Development Code
(UDC) regarding the following sections.-
1.
ections:
1. Removing references to the "Director of Parks" within Division 2 of
Chapter 4 and replace with "City Manager or their designee",
2. Removing references to the "Director of Engineering" and replace with
the "City Engineer" and remove references to the "Director of Planning"
and replace with the "Director of Community Development" throughout the
UDC,
3. Clarifying the language to define the characteristics between a dwelling
unit and an accessory residential structure within Chapter 5,
4. Clarifying banner signs regulations by removing the banner permit fee
from Section 4.2.5.5(c)(3),
5. Removing and adding language to allow banners attached to lighting
fixtures in parking areas of sites used as public educational facilities or
campuses.
Page 5 of 6
Ord. No 2000T-30
Commissioner Wicker made a motion to approve. Vice -Chairperson Fuertes
seconded the motion. Staff presented and informed the commission on the
proposed amendments.
1. This proposed amendment is in reference to landscaping and tree
mitigation.
2. This proposed amendment is to clean up and update outdated references
in the UDC.
3. This proposed amendment will give the ability to state the 3 characteristics
of a single-family dwelling: a living area, kitchen and bathroom. If it does
not have all three of these characteristics it would not be considered a
single-family unit. This would also bring clarity to residents trying to create
an additional living area attached to a main residence without creating a
second dwelling (a potential zone violation).
4. This fee is currently in the Development Code and it should be in a
separate fee schedule.
5. This proposed amendment would allow for there to be a maximum of two
signs per pole in a designated parking area to provide additional signage
at public educational facilities or campuses.
Commissioner Wicker agreed with City Council on Amendment number 3, that it
should be an enforcement issue, not a planning issue.
No further discussion from Staff, P&Z Commission or Public input.
The motion passed by a vote of 5-0. Chairperson Cade, Vice -Chairperson
Fuertes, and Commissioners Dansby, Earles, and Wicker voted for approval.
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 - 1 of 4
Section 4.2.2.5 General Requirements
(a) Installation. All landscape materials shall be installed according to American
Association of Nurserymen (AAN) standards.
(b) Maintenance. The owner of the building, or the manager or agent of the owner, shall
be responsible for the maintenance of all landscape areas. The areas shall be
maintained so as to present a healthy, neat and orderly appearance at all times and
shall be kept free of refuse and debris. All planted areas shall be provided with a
readily available water supply and watered sufficiently to ensure continuous healthy
growth and development. Maintenance shall include the replacement of all dead plant
material needed to meet the requirements of this division. Should a tree die or be
removed for which credit has been obtained pursuant to this Unified Development
Code, trees sufficient to equal the area credited shall be required. A smaller tree that
will have a mature crown similar to the tree removed may be substituted if the planting
area or pervious cover provided for the larger tree is retained; such substitution shall
require the approval of the Planning Director.
(c) Planting Criteria.
(1) Trees: Trees planted for credit under Subsection (c) of this section shall be a
minimum of two inches in caliper, measured twelve inches above ground level,
and six feet in height when measured immediately after planting. Trees shall
have an average mature crown greater than 15 feet. Trees having an average
mature crown less than 15 feet may be substituted by grouping the trees so as
to create at maturity the equivalent of a 15 -foot crown if the drip line area is
maintained.
(2) Shrubs. Vines and Ground Cover: Shrubs, vines and ground cover planted
pursuant to this division should be good, healthy nursery stock. Shrubs must be,
at a minimum, a one -gallon container size at the time of planting. Only shrubs,
vines, and ground covers belonging to the species listed in Section
4.2.2.5 (g) will satisfy the requirements of this section.
(3) Grass: Grass areas are encouraged to be planted in species normally grown as
permanent lawns in the City, including St. Augustine, Zoysia, Bermuda or other
appropriate grass. Grass areas may be sodded, plugged, sprigged or seeded,
except that solid sod shall be used in swales or other areas subject to erosion.
(4) Xeriscape Landscaping: The use of xeriscape landscaping techniques shall
require approval from the- City Manager or his/her ieePaFks Only
plants belonging to the species listed in Section 4.2.2.5 (h) will satisfy the
requirements of this section.
(5) Synthetic Lawns or Plants: Synthetic or artificial lawns or plants shall not be used
in lieu of plant requirements in this section.
(6) Soils: New landscaped areas should be prepared so as to achieve a soil depth
of at least six inches. The six-inch soil depth should consist of 75% soil blended
with 25% compost.
(7) Architectural Planters: The use of architectural planters may be permitted in
fulfillment of landscape requirements.
(8) Landscape Irrigation:
a. Except for single-family lots and developments, all required landscaping
areas shall be 100% irrigated by one of, or a combination of, the following
methods:
1. An automatic underground irrigation system;
2. A drip irrigation system;
3. A hose attachment within 100 feet of all plant material, provided,
however, that a hose attachment within 200 feet of all plant material
in non -street yards shall be sufficient.
b. All irrigation systems shall be designed and sealed in accordance with the
Texas Licensed Irrigators Act and shall be professionally installed.
c. No irrigation shall be required for undisturbed natural areas or
undisturbed existing trees.
d. Irrigation Design Criteria:
For new non-residential and multi -family developments and newly irrigated
landscaped and turf areas, the following requirements shall apply. Sports
fields, golf courses, cemeteries, storm water management systems, and
similar areas as approved by the City Manager or his/her designee tie
D*ester--where functional need for turf is demonstrated, are exempt from
the turf area limitation and micro irrigation requirements.
1. Irrigation Zone Design
A site plan, at a readable and defined scale, shall be submitted
illustrating the proposed irrigation zones, delineating micro -irrigation
zones and areas utilizing irrigation techniques other than micro -
irrigation. Fifty (50) percent of the on-site green space shall be allowed
to utilize irrigation techniques other than micro -irrigation. Turf areas
shall be on separate irrigation zones from other landscaping plant
zones. The irrigation system should be prepared by a licensed irrigator
and designed to accommodate separate landscape plant zones based
on differing water requirements.
2. Spacing
Sprinkler spacing shall not exceed 55 percent of the sprinklers'
diameter of coverage.
3. Separate Sprays and Rotors
Sprays and rotors shall not be combined on the same control valve
circuit.
4. Matched Precipitation Rates
Sprays and rotors shall have matching application rates within each
irrigation zone.
5. Overspray/Runoff
All irrigation systems shall be designed to avoid overspray/runoff, low
head drainage, or other similar conditions where water flows onto or
over adjacent property, non -irrigated areas, roadways, walkways,
structures, or water features. Narrow areas (four feet wide or less) shall
not be irrigated unless micro -irrigation is utilized.
6. Control Equipment
Irrigation control equipment shall include an automatic irrigation
controller with the following features: program flexibility such as repeat
cycles and multiple program capabilities; battery back-up to retain the
irrigation programs; and a rain sensor device.
7. Landscape
Using the concept of a Xeriscape landscape, a site plan shall be
submitted identifying all existing vegetation to be preserved, proposed
turf, and other landscape areas. Installed trees and plants should be
grouped together into landscape plant zones according to water and
cultural (soil, climate and light) requirements. Plant groupings based on
water requirements are as follows: natural, drought tolerant, and oasis.
8. Turf/Turfgrass
A maximum of fifty (50) percent of green space may be planted with
turfgrass configured with a permanent irrigation system. Turfgrass
planted in excess of this limitation shall not have a permanent irrigation
system. Micro -irrigation shall not be used on turfgrass.
9. Mulch
A layer of mulch with a minimum depth of three (3) inches shall be
specified on the site plan in plant beds and around individual trees in
turf areas. Organic mulches are preferred. The mulch should not be
placed directly against the plant stem or tree trunk. Mulch shall not be
required in annual beds.
10. Maintenance and Management
The landscape and irrigation system shall be maintained and managed
to ensure water efficiency, and prevent wasteful practices. This should
include, but not be limited to: resetting the automatic controller
according to the season; flushing the filters; testing the rain sensor
device; monitoring, adjusting, and repairing irrigation equipment such
that the efficiency of the system is maintained; replenishing mulch; and
utilizing turf and landscape best management practices.
(d) Construction Phase.
(1) No more than 25% of the drip line zone of trees to be preserved shall be paved
with concrete, asphalt, or other impervious material. There shall be no trenching
around the border of and no fill shall be placed within the drip line zone of a tree
to be preserved.
(2) Soil and other materials shall not be temporarily or permanently stored in
locations which would cause suffocation of root systems of trees to be preserved.
(3) The permanent vegetation shall be installed on the construction site as soon as
utilities are in place and final grades are achieved. Final grading and removal of
vegetation shall not occur more than 30 days prior to schedule paving.
(e) Removal of Diseased or Dangerous Trees and Vegetation.
(1) Upon direction from the Planning Director, a property owner may be required to
treat or remove trees suffering from transmittable diseases or pests or allow the
City to do so, charging the actual cost thereof to the property owner.
(2) The Planning Director may require the removal of a tree or part of a tree or any
other vegetation that is within or overhanging a public right-of-way or easement
if the tree or vegetation:
a. Is diseased or infested and in danger of falling;
b. Is creating a traffic hazard or sight distance hazard for traffic on a public
street; or
c. Is interfering with safe and proper maintenance of the right-of-way or
easement.
(f) Landscape Reserve Required. At a minimum, a landscape reserve of at least ten
feet (10'), across which there shall be no right of access, shall be provided along the
exterior of the residential lots abutting such a thoroughfare, collector, or nonresidential
use or zoning district. The reserve shall be outside any wall or fence separating the
lots from the thoroughfare, collector, or nonresidential use or nonresidential zoning
district. In this case, "outside" shall mean on the side of the wall or fence that is closest
to the thoroughfare, collector, or nonresidential use or nonresidential zoning district.
(g) Trees
Common Name
Scientific Name
American Elm i
Ulmus americana
American Holly
Ilex opaca
American Hop Hornbeam '
Ostrya virginiana
Bald Cypress
Taxodium Distichum
Bur Oak
Quercus macrocarpa
Cedar Elm
Ulums crassifolia
Chinese Fringe
Chionanthus spp
Chinkapin (Chinquapin) Oak
Quercus muehlenbergii
Common Crepemytle I
Lagerstroemia indica, Lagerstroemia x fauriei
Common Hackberry
Celtis occidentalis L.
Dwarf Magnolia "Little Gem"
Magnolia grandiflora "Little Gem' or other cv.
Eastern Red Cedar I
Juniperus virginiana
Lacebark Elm
Ulmus parvifolia
Lacebark Elm I
Ulmus parvifolia
Live Oak I
Quercus virginana
Mexican Sycamore
Plananus mexicana
Mexican White Oak (Monterrey Oak)
Quercus polymorpha
Montezuma Bald Cypress
Taxodium mucronatum
Overcup Oak
Quercus nuttalii
Parsley Hawthorne '
Creatageus marshallii
Pecan
Carya illnoinensis
Possumhaw Holly
Ilex decidua
Retama
Parkinsonia aculeate
Southern Magnolia
Magnolia grandiflora
Sugarberry
Celtis laevigata
Sweet Bay Magnolia
Magnolia virginiana
Water Oak
Quercus nigra
Willow Oak
Quercus phellos
Winged Elm
Ulmus alata
Yaupon Holly i
Ilex vomitoria
Palms
Common Name
Scientific Name
California Palm
Washingtonia filifera
Date Palm
Phoenix dactylifera
Dwarf Palmetto
Sabal minor
Mexican Fan Palm
Washingtonia robusta
Pigmy Date Palm
Phoenix roebelenii
Pindo Palm
Butia capitata
Queen Palm
Syagrus romanzoffiana
Sago Palm Cycas revoluta
Texas Sabal Palm Sabal texana
Shrubs
Common Name
Scientific Name
American Beautyberry
Callicarpa americana
Arborvitae
Thuja spp.
Common Oleander
Nerium oleander
Coppertone Loquat
i Eriobotrya japonica 'Coppertone'
Coral Bean
Erythrina herbacea
Dwarf Crepemyrtle
Lagerstroemia indica dwarf cv.
Dwarf Glossy Abelia
i Abelia x grandiflora 'dwarf
Dwarf Oleander
i Nerium oleander'dwarf
Dwarf Waxmyrtle
i Myrica pusilla
Dwarf Yaupon Holly
Ilex vomitoria 'dwarf
Earthkind Rose Varieties
i Rosa sp. (Earthkind)
Flame Acanthus
Anisacanthus quadrifidus var.
Glossy Abelia
i Abelia grandiflora
Heavenly Bamboo
Nandina sp.
Indian Hawthorn 'Clara'
i Raphiolepis indica 'clara'
Japanese Yew
Podocarpus macrophylia
Pineapple Guava
Feijoa sellowiana
Pittosporum
Pittosporum tobira
Prostrate Juniper
Juniperus prostrata
Southern Waxmyrtle
i Myrica cerifera
Texas Sage
Leucophyllum spp.
Texas Star Hibiscus
Hibiscus coccineus
Perennials
Common Name
Scientific Name
Angel Trumpet
Brugmansia aurea
Autumn Joy Sedum
Sedum'Autumn Joy'
Autumn Sage
I Salvia greggii
Bay Laurel
Laurus nobilis
Bicolor Iris
Dietes bicolor
Blue Plumbago
Plumbago auriculata
Blue Shade Ruellia
Ruellia humilis
Butterfly Iris
Dietes vegata
Butterfly Weed
j Asclepis tuberosa
Canna sp.
Canna x generalis
Cigar Plant
Cuphea micropetala
Crinum Lily
Crinum hybrids
Daylily
i Hemerocallis sp.
Dwarf Firebush
Hamelia patens 'compacta'
Evergreen Daylily
I Hemerocallis sp.
Firebush
i Hamelia patens
Firecracker Plant
Russelia equisetiformis
Garden Mum
Chrysanthemum morifolium
Ginger
. Hedychium sp., Costus sp., Curcuma sp.
Lamb's Ear
Stachys byzantina
Lantana sp.
: Lantana spp.
Lily of the Nile
Agapanthus africanus
Lindheimer's Senna
Cassia lindheimeri
Louisiana Iris
I Iris sp.
Mexican Heather
. Cuphea hyssopifolia
Mexican Mint Marigold
: Tagetes lucida
Mexican Petunia
! Ruellia brittoniana
Mexican Stonecrop
! Sedum acre or S. mexicanum
Narcissus
Narcissus spp.
Obedient Plant
! Physostegia virginiana
Orange Zexmania
Wedelia hispida
Philippine Violet
! Barleria cristata
Pitcher Sage
Salvia spathacea
Prostrate Rosemary
Rosmarinus officianalis 'prostrata'
Purple Heart
Setcreasea pallida
Red Spider Lily
! Lycoris radiata
Scarlet Sage
! Salvia splendens
Shasta Daisy
! Chrysanthemum maximum
Shrimp Plant
Justicia brandegeana
Spider Lily
Hymenocallis sp.
St. John's Wort
Hypericum spp.
Texas Lantana
Lantana urticoides
Tropical Hibiscus
i Hibiscus rosa-sinensis
Turk's Cap
Malvaviscus arboreus
Variegated Ginger
! Alpinia zerumbet 'Variegate'
Groundcovers & Ferns
Common Name
Scientific Name
Adjuga
Adjuga reptans
Asian Jasmine
Trachelospermum asiaticum
Bigblue Liriope
! Liriope muscari 'Bigblue'
Creeping Daisy
! Wedelia trilobata
Foxtail Fern
Asparagus den siflorus 'meyersi i'
Juniper Shore
Juniperus conferta 'Blue Pacific'
Liriope
Liriope sp.
Ophiopogon gigantea
! Giant liriope
Ophiopogon japonica
! Monkey grass
Prostrate Juniper
! Juniperus prostrata
Society garlic
Tublaghia violacea
Sword fern
I Polystichum munitum
Trailing Lantana
! Lantana montevidenisis
Wood fern
Dryopteris sp.
Wood Violet
I Viola papilionacea
Ornamental Grasses
Common Name Scientific Name
Fountain Grass Miscanthus sinensis
Gulf Coast Muhly Muhlenbergia capillaris
Lindheimer Muhly
I Muhlenbergia lindheimeri
Purple Fountain Grass
J.Pennisetum scatceium 'Rubrum'
Vines
Common Name
Scientific Name
Bougainvillea sp.
Bougainvillea spectabilis
Cape Honeysuckle
Tecomaria capensis
Carolina Jessamine
Gelsemium sempervirens
Coral Honeysuckle
Lonicera sempervirens
Coral Vine
Antigonon leptopus
Fig Ivy
Ficus pumila
Trumpet Vine
Campsis radicans
Chinese Starjasmine
Trachelospermum jasminoides
Virginia Creeper
Parthenocissus quinquefolia
Native/Prairie Grasses
Common Name
Scientific Name
Eastern Gamagrass
Tripsacum dactyloides
Little Bluestem
Schizachyrium scoparium
Prairie Dropseed
Sporobolus heterolepis
Purple Three -Awn
Aristida purpurea
Sideoats Grama
Bouteloua curtipendula
Texas Wintergrass
Nassella leucotricha
Yellow Indian Grass
Sorghastrum nutans
Native Groundcover / Wildflowers
Common Name
Scientific Name
Autumn Aster
Aster oblongifolius
Black Eyed Susan
Rudbeckia hirta
Blanket Flower
I Gallardia sp.
Blue mistflower
Conoclinium coelestinum
Fall Aster
Aster oblongifolius
Frogfruit
Phyla nodiflora
Gay feather
; Liatris sp.
Globemallow
Sphaeralcea coccinea
Green Headed Coneflower
Rubeckia laciniata
Gregg's Mistflower
Eupatorium greggii
Horseherb
Calyptocarpus vialis
Indian Blanket
Gaillardia spp.
Maximilian Sunflower
I Helianthus maximiliana
Mealy Blue Sage
Salvia farinacea
Perennial Phlox
Phlox paniculata
Pigeonberry
Rivina humilis
Prairie Verbena
Glandularia bipinnatifida
Purple Coneflower
Echinacea purpurea
Snake herb
Dyschoriste linearis
Spring Star Flower
Iphelon uniflorum
Texas Bluebonnet
Lupinus texensis
Tickseed
Coreopsis grandiflora
Water Clover Marsilea mutica
Whirling Butterflies Gaura lindheimeri
Winecup Callirhoe sp.
Cacti & Yucca
Common Name
Scientific Name
Agave Americana
Century Plant
Dasylirion texanum
Texas sotol
Dasylirion wheeleri
Gray sotol
Red Yucca
Hesperaloe parviflora
Spineless prickly pear
Opuntia ellisiana
(h) Xeriscape Plant List
Ornamental Grass/Turf
Perennials
Big Blue Stern
Angel Trumpet
Blue Grama
Autumn Joy Sedum
Buffalograss
Black eyed Susan
Deer Lindheimer Muhly
Blackfoot Daisy
Little Blue Stern
Brown Eyed Susan
Prairie Dropseed
Chocolate Flower
Sideoats Grama
Fournerve Daisy
Switch Grass Muhly\
Fall Aster
Indian Grass
Globemallow
Green Eyes
Ground Cover
Green Headed Coneflower
Frog Fruit
Horseherb
Pigeonberry
Snake herb
Water Clover
Wooly Stemodia
Wood Violet
Shrubs
Agarito
American Beauty Berry
Apache plume
Black Dalea
Aromatic Sumac
Damianita
Desert Spoon
Flame Anisacanthus
Kidneywood
Red Yucca
Rockrose
Texas Kidneywood
Silverado Texas Sage
Twist Leaf Yucca
Gregg Dalea
Gregg's Mistflower
Lindheimer's Senna
Obedient Plant
Pink Scullup
Purple Coneflower
Prairie Verbena
Autumn sage
Mealy Blue sage
Pitcher sage
Russian Sage
Scarlet sage
Skeletonleaf Goldeneye
Sundrops
Texas Betony
Texas gold Columbine
Texas Lantana
Rockrose, Brazilian
Texas Star Hibiscus
Turk's Cap
Whirling Butterflies
Soft Leaf yucca Winecup
Wax Myrtle Zexmenia
Wax Myrtle, Dwarf
Ord. No. 2000T-2, Section 4.2.2.5, February 26, 2007.
Ord. No. 2000T-12, Section 4.2.2.5, June 28, 2010.
Ord. No. 2000T-17, Section 4.2.2.5, February 23, 2015.
Section 4.2.3.2 Definitions
(a) For the purpose of this division, certain words or terms applicable hereto are
defined as hereinafter provided. Words and terms used in this division, but not
defined in this division shall have the meanings ascribed thereto in Chapter 5 of
this UDC, or other ordinances in the City. Words and terms defined in two
ordinances shall be read in harmony unless there exists an irreconcilable conflict,
in which case the definition contained in this division shall control.
(1) Circumference: The distance around the perimeter of the tree trunk as
measured four and one-half feet (4.5') above the ground using an ordinary
measuring tape. For multiple -trunk trees, the trunk circumference is
deemed to be equal to the circumference of the largest trunk plus half the
circumference of each additional trunk. Measurements should be accurate
to the nearest one- half inch ('/2"). (For conversion to diameter, the
circumference can be divided by 3.142.)
(2) Criteria Manual: The manual to be used and interpreted by City personnel
in accordance with this division for the City's urban forest preservation and
enhancement. (The manual is available at the City Park and Recreation
Department and was originally adopted as Attachment A to City Ordinance
No. 772, which was the Tree Protection and Preservation Ordinance. The
manual is adopted as part of this UDC by reference.)
(3) Critical Root Zone: For any given tree, the area within a circle centered on
the trunk location that contains the majority of tree roots essential for tree
growth and survival. The circle's diameter is one-half the sum of the
broadest and the narrowest of the drip line diameters.
(4) Damage or Damaged: To "damage" a tree means to take any action which
could result in a tree's death, either immediately or after a period of two
(2) years. Some examples of such action, which are not intended to limit
this definition, are as follows: severing the main trunk or large branches or
roots; girdling; poisoning; carving; mutilating; touching with live wires;
piercing with nails or spikes; crushing or exposing the roots; digging or
drilling any hole larger than three (3) cubic feet (a trench) within the Critical
Root Zone; or covering or compacting twenty-five percent (25%) or more of
the Critical Root Zone.
(5) DBH (Diameter Breast Height): The distance of the width of the trunk of a
tree as measured four and one-half feet (4.5') above the ground.
(6) Located: A tree is "located" within an area if any part of its trunk is within
the area at ground level. For example, a tree positioned on the property line
is considered to be located in an area or on a subject site when a portion
of the trunk or root flare that is visible above ground is within the area or
subjectsite.
(7) Official: The City Manager or his/her designee.
(8) Temporary Fencing: A six foot (6) high temporary fence shall be installed
prior to any site activity. The temporary fencing shall be placed to protect
as much of the Critical Root Zone as possible for each tree to effectively
protect and prevent persons, machinery, trash, material, and other items
from occupying the Critical Root Zones of a tree or group of Protected
Trees. The temporary fence may incorporate existing fences or walls as
well as temporary fencing. A separate fence permit is not required for
construction of a fence under this section, if a building permit for the work
is in effect and a Tree Disposition Plan has been approved.
(9) Tree: A woody plant having one well-defined stem or trunk, a defined crown
and a mature height of at least eight (8) feet. Trees protected and/or
regulated by this division of the UDC are listed in the City's Tree List, a copy
of which is available in the City Park and Recreation Department. Trees
defined include:
(a) PROTECTED TREE: Any Large Tree that is identified on the
Protected Tree List (available in the City Parks and Recreation
Department) and that is located within the City;
(b) LARGE TREE: Any tree with a diameter (DBH) of twelve inches (12")
or more. In case a tree is removed, it is presumed to have been a
Large Tree if the diameter of the stump is twelve inches (12") or
greater, measured in any direction.
(c) HERITAGE TREE: Any Protected Tree with a diameter (DBH) of
twenty- four inches (24") or more located anywhere within the City. In
case a tree is removed, it is presumed to have been a Heritage Tree
if the diameter of the stump is twenty-four inches (24") or greater,
measured in any direction.
(d) REPLACEMENT TREE/QUALIFIED TREE: Any tree included in the
Protected Tree List (available in the City Parks and Recreation
Department), with a DBH of at least two inches (2").
(10) Tree Disposition Plan: Must specify how Protected Trees and Critical Root
Zones will be protected from development and pre -development activity.
The Tree Disposition Plan shall specify trees to be relocated, removed or
replaced. The tree survey and disposition plan shall be submitted with the
application forany development permit and must be approved before said
permit may be issued.
(11) Tree Survey: An on -the -ground survey containing the location of Protected
Trees, their diameters, types (species), and crown area (critical root zones).
The Tree Survey must depict for any given Subject Site: (a) every Protected
Tree located on the Subject Site, and (b) identify every Protected Tree
located elsewhere which has thirty percent (30%) or more of its Critical Root
Zone in such Subject Site. The tree survey and disposition plan shall be
submitted with the application for any development permit and must be
approved before said permit may be issued.
(12) Urban Forester: A resource professional, charged with the responsibility of
planning, establishing, protecting, and managing trees and associated
plants, individually, in small groups, and under forest conditions within the
City, with full authority to enforce this division of the UDC for violations of
the same.
(13) Tree Trust: A capital project fund created for the purpose of purchasing,
growing, and/or maintaining trees and associated plants within the City
limits. Said fund is to be expended in conformance with a tree propagation
program drafted by the- City Manager or his/her designee Parrs B+rester.
Ord. No. 2000T-8, Section 4.2.3.2, August 25, 2008.
Exhibit C - 2 of 4
Section 5.1.1.1 General Definitions
DWELLING/DWELLING UNIT: Any building or portion thereof which is designed or used
exclusively for residential purposes. A dwelling unit has three characteristics'; a living area, a
place to prepare food, and a restroom. The term "Dwelling Unit" shall not include rooms in
hotels, motels or institutional facilities.
Exhibit C - 3 of 4
Section 4.2.5.5 Temporary Signs
(a) General. Temporary signs are subject to the limitations indicated in this section, as
well as the location restrictions in Section 4.2.5.1(f).
(b) Area Limitations. Temporary signs shall not exceed the following area limitations:
(1) State Highway 288: Ninety-six (96) square feet each for premises within the
State Highway 288 corridor.
(2) Other Premises: Thirty-two (32) square feet each for all other premises.
(3) Banner Signs: Unless otherwise provided, fifty (50) square feet.
(c) Banner Defined. A banner is hereby defined to be a temporary sign as that term is
defined Chapter 5 of this UDC that is designed to be attached or installed with rope,
wire, or other temporary means to any part of a building fagade, so as to allow ease of
installation and removal.
(1) Use or Display of Banners: Except for temporary signs that do not require
permits (refer to Section 4.1.2.6(c)), the use or display of banners is hereby
prohibited unless a permit for such use is obtained from the Planning Director or
his designee. A banner permit may be issued only in the following
circumstances:
a. Any premise or nonresidential occupancy requesting a temporary sign
larger than thirty-two (32) square feet may display one (1) banner sign per
street frontage announcing a grand opening of a new business. Display of
such sign is limited to a maximum of thirty (30) days per opening. The
privilege to begin display of such sign expires three (3) months after the
issuance of a certificate of occupancy. Use of grand opening signs only
applies to new ownership or occupancy (i.e., use). At least one-half ('/2) of
all readable copy on the banner must state "Grand Opening" or "Now
Open."
b. Any non-profit organization or governmental entity may display banner signs
containing a message directly related to a special event provided, however,
that such banners may be displayed no more than fourteen (14) days prior
to the event and must be removed within three (3) days after the conclusion
of the event. Displays under this classification will be limited to three (3) per
year.
c. Banners may be allowed for the temporary identification of a business if the
business owner provides the Planning Director written evidence that a
permanent sign order has been executed and the business owner is
awaiting installation of said permanent sign. As a temporary identification
device, the banner must meet size, dimension, lettering, and layout
specifications for building -mounted signs and must be securely fastened
on a minimum of six (6) locations to the fascia. If the banner meets these
conditions, it will be permitted for identification purposes for a period not to
exceed thirty (30) days.
d. Any premise or non-residential occupancy may use banners to advertise
sales events fourteen (14) times per year for a total duration of twenty-four
(24) days inclusive. The occupant has the option of dividing the total days
among the fourteen (14) events, with the minimum duration of display being
one (1) day.
(2) Location: Any banner permitted in accordance with this Ordinance shall be
displayed at the permittee's normal place of business or operation and shall be
affixed to that side of the building facing the street on which the permittee is
addressed.
(3) Cost & Display Period: The cost for a banner permit can be found in the
Development Fee Schedule , and shall be paid at
the time of application. Each application shall include the period of display for
the banner to be permitted, including the day that the display will start and the
day when it will cease. The display period shall be continuous and uninterrupted
by periods of non -display. A separate permit shall be required for each period
of display of the banner. Multiple periods of display will not be allowed on one
permit.
(4) Violation: Banners used or displayed in violation of this section shall be subject
to removal by the Building Official or his/her designee.
(5) TxDOT District 12 Guidelines: Banners displayed pursuant to the Texas
Department of Transportation (TxDOT) District 12 guidelines for the temporary
installation of banners over state rights-of-way shall be exempt from the terms of
this division.
(d) Other Temporary Signs. The following signs shall be allowed, subject to any
conditions set forth below.
(1) Temporary window signs: These signs must be temporary in design and
construction, such as paper, poster, mylar or similar plastic film, or painted with
removable paint; may not exceed in coverage twenty-five percent (25%) of all
windows combined or fifty percent (50%) of any one window; must be placed
inside the business establishment and be professional in appearance, except for
temporary signs not promoting a business but rather associated with a non-profit,
neighborhood, or civic event; and may not be displayed for more than forty-five
(45) days.
(2) Holiday inflatable signs or decorations: Holiday -related inflatables that contain
no business-related advertising, including without limitation balloons,
decorations, and yard displays, shall not exceed twelve feet (12') in any
dimension and may not be displayed so that the top of the inflatable is greater
than: fifteen feet (15') from the ground on a residential lot; or the maximum
structure height allowed in the zoning district on a nonresidential lot. The
continuous display period of this type of sign shall not exceed thirty (30) days,
with no more than five (5) display periods per calendar year.
(3) Off -premise special events signs: Temporary signs advertising a special event
sponsored by a non-profit organization, charitable group, or civic club may be
placed off -premises of where said event is to take place shall be allowed subject
to the following conditions:
a. The signs may not be displayed more than fourteen (14) days before, or
five (5) days after, the event.
b. No more than ten signs not exceeding six feet (6') in height or thirty-two
square feet (32 ft2) in area per sign face are allowed within the City's limits,
limited to one per street frontage. These signs shall be exempt from sign
permit fees.
c. There is no quantity limit on signs not exceeding three and a half feet (3.5')
in height or five square feet (5 ft2) in area per sign face, except only one is
allowed per lot.
(e) Flags Allowed. Flags of recognized governmental entities shall be allowed. A Flag
that contains any emblem, logo, slogan, or any form of advertising of or for any
business entity may be allowed, subject to the following restrictions:
(1) The flag is displayed with, but at a lower height than, either a United States flag
or a Texas flag;
(2) The business entity represented on or advertised by the flag is located on the
same property upon which the flag is displayed;
(3) The flag is not larger in area than either of the governmental flags with which it
is required to be displayed; and
(4) Only one such flag is displayed per property.
(f) Number of Temporary Signs Permitted on One Lot. The number of temporary
signs other than political signs displayed on one lot at any given time is limited to one
(1) sign per street frontage and a maximum of two (2) signs per lot.
(g) Permits Not Required. Refer to Section 4.1.2.6.(c).
Ord. No. 2000T-3, Section 4.2.5.5, July 9, 2007.
Ord. No. 2000T-9, Section 4.2.5.5, October 27, 2008
Ord. No. 2000T-12, Section 4.2.5.5, June 28, 2010
Ord. No. 2000T-16, Section 4.2.5.5, December 16, 2013
Exhibit C - 4 of 4
Section 4.2.5.5 Temporary Signs
(a) General. Temporary signs are subject to the limitations indicated in this section, as
well as the location restrictions in Section 4.2.5.1(f).
(b) Area Limitations. Temporary signs shall not exceed the following area limitations:
(1) State Highway 288: Ninety-six (96) square feet each for premises within the
State Highway 288 corridor.
(2) Other Premises: Thirty-two (32) square feet each for all other premises.
(3) Banner Signs: Unless otherwise provided, fifty (50) square feet.
(c) Banner Defined. A banner is hereby defined to be a temporary sign as that term is
defined Chapter 5 of this UDC that is designed to be attached or installed with rope,
wire, or other temporary means to any part of a building fapade or light pole, so as to
allow ease of installation and removal.
(1) Use or Display of Banners: Except for temporary signs that do not require
permits (refer to Section 4.1.2.6(c)), the use or display of banners is hereby
prohibited unless a permit for such use is obtained from the Planning Director or
his designee. A banner permit may be issued only in the following
circumstances:
a. Any premise or nonresidential occupancy requesting a temporary sign
larger than thirty-two (32) square feet may display one (1) banner sign per
street frontage announcing a grand opening of a new business. Display of
such sign is limited to a maximum of thirty (30) days per opening. The
privilege to begin display of such sign expires three (3) months after the
issuance of a certificate of occupancy. Use of grand opening signs only
applies to new ownership or occupancy (i.e., use). At least one-half ('/2) of
all readable copy on the banner must state "Grand Opening" or "Now
Open."
b. Any non-profit organization or governmental entity may display banner signs
containing a message directly related to a special event provided, however,
that such banners may be displayed no more than fourteen (14) days prior
to the event and must be removed within three (3) days after the conclusion
of the event. Displays under this classification will be limited to three (3) per
year.
c. Banners may be allowed for the temporary identification of a business if the
business owner provides the Planning Director written evidence that a
permanent sign order has been executed and the business owner is
awaiting installation of said permanent sign. As a temporary identification
device, the banner must meet size, dimension, lettering, and layout
specifications for building -mounted signs and must be securely fastened
on a minimum of six (6) locations to the fascia. If the banner meets these
conditions, it will be permitted for identification purposes for a period not to
exceed thirty (30) days.
d. Any premise or non-residential occupancy may use banners to advertise
sales events fourteen (14) times per year for a total duration of twenty-four
(24) days inclusive. The occupant has the option of dividing the total days
among the fourteen (14) events, with the minimum duration of display being
one (1) day.
e. Light Pole Banners may be attached to light poles in the parking lot of public
educational facilities or campuses. Display of this type of banner may not
be along a driveway or private roadway. The size of this type of banner is
limited to 28"X72". A maximum of two double sided signs may be allowed
per pole. Light Pole Banners have a minimum ground clearance of 8'. A
maximum of 4 poles per acre of property may have Light Pole Banners
attached.
(2) Location: Any banner permitted in accordance with this Ordinance shall be
displayed at the permittee's normal place of business or operation and shall be
affixed to that side of the building facing the street on which the permittee is
addressed or as stated above in Section 4.2.5.5 (c) (1) e.
(3) Cost & Display Period: The cost for a banner permit shall be Ten Dollars ($10.00),
and shall be paid at the time of application. Each application shall include the
period of display for the banner to be permitted, including the day that the display
will start and the day when it will cease. The display period shall be continuous
and uninterrupted by periods of non -display. A separate permit shall be required
for each period of display of the banner. Multiple periods of display will not be
allowed on one permit.
(4) Violation: Banners used or displayed in violation of this section shall be subject
to removal by the Building Official or his/her designee.
(5) TxDOT District 12 Guidelines: Banners displayed pursuant to the Texas
Department of Transportation (TxDOT) District 12 guidelines for the temporary
installation of banners over state rights-of-way shall be exempt from the terms of
this division.
(d) Other Temporary Signs. The following signs shall be allowed, subject to any
conditions set forth below.
(1) Temporary window signs: These signs must be temporary in design and
construction, such as paper, poster, mylar or similar plastic film, or painted with
removable paint; may not exceed in coverage twenty-five percent (25%) of all
windows combined or fifty percent (50%) of any one window; must be placed
inside the business establishment and be professional in appearance, except for
temporary signs not promoting a business but rather associated with a non-profit,
neighborhood, or civic event; and may not be displayed for more than forty-five
(45) days.
(2) Holiday inflatable signs or decorations: Holiday -related inflatables that contain
no business-related advertising, including without limitation balloons,
decorations, and yard displays, shall not exceed twelve feet (12') in any
dimension and may not be displayed so that the top of the inflatable is greater
than: fifteen feet (15') from the ground on a residential lot; or the maximum
structure height allowed in the zoning district on a nonresidential lot. The
continuous display period of this type of sign shall not exceed thirty (30) days,
with no more than five (5) display periods per calendar year.
(3) Off -premise special events signs: Temporary signs advertising a special event
sponsored by a non-profit organization, charitable group, or civic club may be
placed off -premises of where said event is to take place shall be allowed subject
to the following conditions:
a. The signs may not be displayed more than fourteen (14) days before, or
five (5) days after, the event.
b. No more than ten signs not exceeding six feet (6') in height or thirty-two
square feet (32 ft2) in area per sign face are allowed within the City's limits,
limited to one per street frontage. These signs shall be exempt from sign
permit fees.
c. There is no quantity limit on signs not exceeding three and a half feet (3.5')
in height or five square feet (5 ft2) in area per sign face, except only one is
allowed per lot.
(e) Flags Allowed. Flags of recognized governmental entities shall be allowed. A Flag
that contains any emblem, logo, slogan, or any form of advertising of or for any
business entity may be allowed, subject to the following restrictions:
(1) The flag is displayed with, but at a lower height than, either a United States flag
or a Texas flag;
(2) The business entity represented on or advertised by the flag is located on the
same property upon which the flag is displayed;
(3) The flag is not larger in area than either of the governmental flags with which it
is required to be displayed; and
(4) Only one such flag is displayed per property.
(f) Number of Temporary Signs Permitted on One Lot. The number of temporary
signs other than political signs displayed on one lot at any given time is limited to one
(1) sign per street frontage and a maximum of two (2) signs per lot.
(g) Permits Not Required. Refer to Section 4.1.2.6.(c).
Ord. No. 2000T-3, Section 4.2.5.5, July 9, 2007.
Ord. No. 2000T-9, Section 4.2.5.5, October 27, 2008
Ord. No. 2000T-12, Section 4.2.5.5, June 28, 2010
Ord. No. 2000T-16, Section 4.2.5.5, December 16, 2013