Ord. 0224-11 04-27-98ORDINANCE NO. 224-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF
PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO PROVIDE AN
EXCEPTION TO THE REQUIRED FIREWALL RATING IN CERTAIN
BUILDINGS AND PROHIBITING THE MOVEMENT OF BUILDINGS AND
OTHER STRUCTURES INTO THE CITY AND PROVIDING EXCEPTIONS;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 7-13.1, Amendments; Modifications; Additions;
Deletions, is hereby amended to ADD an exception addressing the required firewall
rating in all buildings, to read as follows:
"... Exceptions: In Group S buildings, nonfire-rated partitions may be
used to separate tenants provided no area between
partitions rated at 2-hour or more exceeds 3,000
square feet.
If a building is fully sprinkled to meet NFPA 13 specifi-
cations, a partition of one (1) hour fire rating may be
used for tenant separation.
Section 2. That Section 7-17, Permit Required, is hereby amended to
prohibit the movement of buildings and other structures into the City and providing
exceptions, to read as follows:
"(a) It shall be unlawful for any person within the city limits or extraterritorial
jurisdiction of the city to commence construction or excavation for
construction of any building or structure, including accessory buildings,
or to commence the erection, reconstruction, conversion, or alteration of
any building or structure, including accessory buildings, until the building
inspector has issued a building permit for such work. The movement of
buildings and other structures into the city is prohibited. Except upon
written authorization of the city council, no such building permit shall be
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ORDINANCE NO. 224-11
issued for any building or structure where the construction,
reconstruction, conversion, moving, alteration or use thereof would be
in violation of any provision of this chapter or of the code adopted by
this article.
Exceptions: Storage buildings or other accessory buildings not used for
habitation purposes may be allowed after review and
approval by the Chief Building Official or his designee.
Such activity shall be noted on the permit.
Historical buildings to be used for residential purposes may
be moved into the community only after review by the
Planning & Zoning Commission and with formal permission
of the city council. ..."
Section 3. Penalty. Any person who shall violate the provisions of this
section shall be deemed guilty of a misdemeanor and shall be punished as provided
by Section 1-11 of the Pearland Code of Ordinances. Each day such violation
continues shall be deemed a separate offense.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. 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 7. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
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ORDINANCE NO. 224-11
Section 8. 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 9. Publication/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 then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED on first reading this 13th day of April
A.D., 1998.
ATTEST:
NG LO''T
SEC TARY
day of
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on second and final reading this 27th
April
, A.D., 1998.
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TOM REID
MAYOR
ORDINANCE NO. 224-11
ATTEST:
YO G LORF
CSECRE RY
APPROVED AS TO FORM:
ZoAA.;. itt cek,
DARRIN M. COKER
INTERIM CITY ATTORNEY
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VOTING RECORD (SECOND AND FINAL READING
APRIL 27, 1998)
Voting "Aye" -
Councilmembers Cole, Berger,
Beckman, Tetens, and Wilkins.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: APRIL 29, 1998
EFFECTIVE DATE: MAY 9, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS