Ord. 509- H 03-25-02ORDINANCE NO. 509-H
ORDINANCE NO. 509-H
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW
SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF
PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, ASEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Land Use and Urban Development Ordinance of the City of
Pearland is hereby amended to read as follows:
"TABLE OF CONTENTS
CITY OF PEARLAND
LAND USE AND URBAN DEVELOPMENT ORDINANCE
PAGE
CHAPTER 1 TITLE, PURPOSE AND INTERPRETATION 9
CHAPTER2
OFFICIAL ZONING MAP PROVISIONS
9
CHAPTER3
DEFINITIONS 12
Section 2.1 Zoning Map 9
Section 2.2 Changes in District Boundaries 10
Section 2.3 Zoning Changes 10
Section 2.4 Procedure for Changes 10
Section 2.5 Location and Authority of Zoning Maps 10
Section 2.6 Replacement of the Zoning Maps 10
Section 2.7 Interpretation of Zoning District Boundaries 11
Section 2.8 Land Use Districts 11
ORDINANCE NO. 509-H
CHAPTER4
SD, SUBURBAN DEVELOPMENT DISTRICT
28
Section 4.1
Section 4.2
Section 4.3
Purpose of District
Permitted Uses (See Table III)
General Conditions
28
29
29
CHAPTER5
R-E, ESTATE LOT SINGLE FAMILY DWELLING DISTRICT 30
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Purpose of District
Permitted Uses (See Table III)
R-E Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
30
30
3O
30
32
CHAPTER6
R-I, SINGLE FAMILY DWELLING DISTRICT
32
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Purpose of District
Permitted Uses (See Table III)
R-1 Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
32
32
32
32
34
CHAPTER7
R-2, SINGLE FAMILY DWELLING DISTRICT
34
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Purpose of District
Permitted Uses (See Table III)
R-2 Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
34
34
34
35
36
CHAPTER8
R-3, SINGLE FAMILY DWELLING DISTRICT
36
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Purpose of District
Permitted Uses (See Table III)
R-3 Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
36
36
37
37
38
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ORDINANCE NO. 509-H
CHAPTER9
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
CHAPTER 10
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
CHAPTER 11
Section 11.1
Section 11.2
Section 11.3
Section 11.4
Section 11.5
CHAPTER 12
CHAPTER 13
Section 13.1
Section 13.2
Section 13.3
Section 13.4
Section 13.5
CHAPTER 14
Section 14.1
Section 14.2
Section 14.3
Section 14.4
R-4, SINGLE FAMILY DWELLING DISTRICT
Purpose of District
Permitted Uses (See Table III)
R-4 Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
MF, MULTI-FAMILY
Purpose of District
Permitted Uses (See Table 111)
MF Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
MH, MOBILE HOME PARK DISTRICT
Purpose of District
Permitted Uses (See Table III)
General Conditions
Special Requirements
Planned Unit Development Regulations
VILLAGE DISTRICT
(Reserved)
OP, OFFICE AND PROFESSIONAL DISTRICT
Purpose of District
Permitted Uses (See Table III)
OP Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
NS, NEIGHBORHOOD SERVICE DISTRICT
Purpose of District
Permitted Uses (See Table II1)
NS Planned Unit Development Uses
General Conditions
39
39
39
39
39
41
41
41
41
41
42
43
43
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46
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48
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49
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ORDINANCE NO. 509-H
Section 14.5
CHAPTER
Section 15.1
Section 15.2
Section 15.3
Section 15.4
Section 15.5
CHAPTER 16
Section 16.1
Section 16.2
Section 16.3
Section 16.4
Section 16.5
CHAPTER 17
Section 17.1
Section 17.2
Section 17.3
Section 17.4
Section 17.5
Section 17.6
Section 17.7
CHAPTER 18
Section 18.1
Section 18.2
Section 18.3
Section 18.4
Section 18.5
CHAPTER 19
Section 19.1
Section 19.2
Section 19.3
Section 19.4
Planned Unit Development Regulations
GB, GENERAL BUSINESS DISTRICT (RETAIL)
Purpose of District
Permitted Uses (See Table III)
GB Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
C, COMMERCIAL DISTRICT
Purpose of District
Permitted Uses (See Table III)
C Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
M-l, LIGHT INDUSTRIAL DISTRICT
Purpose of District
Permitted Uses (See Table Ill)
M-1 Planned Unit Development Uses
General Conditions
Special Conditions
Performance Standards
Planned Unit Development Regulations
M-2, HEAVY INDUSTRIAL DISTRICT
Purpose of District
M-2 Planned Unit Development Uses
General Conditions
Special Conditions
Performance Standards
PUD, PLANNED UNIT DEVELOPMENT
Purpose of District
Coordination with Subdivision Ordinance
General Regulations
Outline of Procedures
50
51
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51
51
51
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53
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53
53
54
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55
55
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55
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57
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60
60
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ORDINANCE NO. 509-H
CHAPTER 20
Section 20.1
Section 20.2
Section 20.3
Section 20.4
FW, FLOODWAY DISTRICT
Purpose of District
Permitted Uses
General Conditions
Development Regulations
64
64
65
65
66
CHAPTER 21
Section 21.1
Section 21.2
Section 21.3
Section 21.4
Section 21.5
Section 21.6
Section 21.7
CHAPTER 22
Section 22.1
Section 22.2
Section 22.3
Section 22.4
Section 22.5
Section 22.6
Section 22.7
CHAPTER 23
Section 23.1
Section 23.2
CHAPTER 24
Section 24.1
Section 24.2
Section 24.3
Section 24.4
MINIMUM PARKING AND LOADING REQUIREMENTS
Purpose
Off-Street Parking Spaces Required
Parking for Existing Uses
General Requirements
Development Standards
Off-Street Loading Requirements
Minimum Parking Area and Spaces
LANDSCAPE REQUIREMENTS
Applicability to Districts
Landscape Plan
Minimum Landscape Requirements
Maintenance
Landscape Construction
Building Facades
Sidewalks
FENCE REGULATIONS
Permits
Use Regulations
SIGN REQUIREMENTS
Signs Requiring Permits
Application for Permit
Measurements
Height Restrictions
67
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68
68
68
7O
71
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ORDINANCE NO. 509-H
Section 24.5
Section 24.6
Section 24.7
Section 24.8
Section 24.9
Section 24.10
Section 24.11
Section 24.12
Section 24.13
Section 24.14
Section 24.15
Section 24.16
Section 24.17
Section 24.18
Section 24.19
Section 24.20
CHAPTER 25
Section 25.1
Section 25.2
Section 25.3
Section 25.4
CHAPTER 26
Section 26.1
Section 26.2
Section 26.3
Section 26.4
Section 26.5
Section 26.6
CHAPTER 27
Section 27.1
Section 27.2
CHAPTER 28
Section 28.1
Size and Type Restrictions by Zoning District 82
Frontage on More Than One Street 82
Portable Sign Limit 82
Wind Loads 83
Obstruction to Doors, Windows or Fire Escapes 83
Signs Not to Constitute Traffic Hazard 83
Prohibited Signs, Advertising, Lighting 83
Compliance With Other Codes 85
Maintenance 85
Unsafe Signs 85
Replacement or Repair of Sign 85
Sign Registration 86
Builder/Subdivision and Subdivision Identification Signs 87
User of Banners 87
Application to Extraterritorial Jurisdiction (ET J) 89
Offense 89
SPECIFIC USE PERMIT REGULATIONS
Purpose
Development Standards Required
Temporary Development Signs
Temporary Construction Buildings
APPLICATION OF DISTRICT REGULATIONS
Uniformity
Conformity with Regulations Required
Grades, Open Spaces, Off-Street Parking or
Loading Spaces
Newly Annexed Territory
Completion of Buildings
Occupancy of Dwelling Units
HOME OCCUPATION
Criteria
Registered Family Homes
NON-CONFORMING USES
Definition
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90
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90
91
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94
94
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ORDINANCE NO. 509-H
Section 28.2
Section 28.3
Section 28.4
Section 28.5
Section 28.6
Section 28.7
Section 28.8
Section 28.9
CHAPTER 29
Section 29.1
Section 29.2
Section 29.3
Section 29.4
Section 29.5
CHAPTER 30
Section 30.1
Section 30.2
Section 30.3
Section 30.4
Section 30.5
Section 30.6
Section 30.7
Section 30.8
Section 30.9
Section 30.1
Section 30.1
Section 30.1
Section 30.1
CHAPTER 31
CHAPTER 32
Section 32.1
Section 32.2
Section 32.3
Continuance of Non-Conforming Use
Accidental Damage to Building
Substandard Structure
Determination of Replacement Cost
Repairs and Alterations
Registration of Non-Conforming Use
Changing a Non-Conforming Use
Abandonment
BOARD OF ADJUSTMENT
Establishment
Powers
Hearing
Vote Required
Posting Property for Variance Requests
PEARLAND PARKWAY, MCHARD
CORRIDOR OVERLAY DISTRICT
0
1
2
3
ROAD,
General Purpose and Description
District Boundaries
Lot and Setback Standards
Building Facade Standards
Access and Off-Street Parking Standards
Landscaping Standards
Lighting Standards
Screening Standards
Buffering Standards
Sidewalk Standards
Sign Standards
Utilities
Penalty
AND OILER
STATE HIGHWAY 288 AND BELTWAY 8 CORRIDOR
OVERLAY DISTRICT (Reserved)
TELECOMMUNICATION TOWERS AND ANTENNAS
Purpose
Application, Exemptions, and Conflicts
Specific Use Permit Required
94
94
95
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96
96
96
96
97
98
99
99
DRIVE
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100
101
101
102
103
104
104
105
106
107
108
109
110
110
110
110
110
111
ORDINANCE NO. 509-H
Section 32.4
Section 32.5
Section 32.6
Section 32.7
Section 32.8
Section 32.9
Section 32.10
Section 32.11
CHAPTER 33
Section 33.1
Section 33.2
Section 33.3
Section 33.4
Section 33.5
Section 33.6
Section 33.7.
CHAPTER 34
Section 34.1
Section 34.2
Section 34.3
Section 34.4
Section 34.5
Section 34.6
Section 34.7
Section 34.8
Section 34.9
Section 34.10
Section 34.11
TABLE I
TABLE II
TABLE III
TABLE IV
Application Procedures
General Requirements and Regulations
Visual Impacts
Principal, Accessory, and Joint Uses
Shared Use
Abandoned Towers
Pre-Existing Towers and Non-Conforming Uses
Public Property
AMENDMENTS
Authority
Submission to Planning and Zoning Commission
Public Hearing - Planning and Zoning Commission
Public Hearing - City Council
Vote Required in the Event of Protest
Appeals from Decisions of the Planning and
Zoning Commission
Posting Property for Zoning Changes
ADMINISTRATION, ENFORCEMENT AND FEES
Administrative Official
Duties of the Enforcing Officer
Building Permits
Certificate of Occupancy
Violations
Enforcement and Penalties
Fees
Enactment
Severability Clause
Effective Date
Incorporation into Code of Ordinances
YARD (SETBACK) MEASUREMENTS
LOT MEASUREMENTS
SCHEDULE OF USES
PASSENGER AND MERCHANDISE LOADING SPACES
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114
115
115
116
117
117
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117
118
118
119
119
119
121
121
121
122
122
123
124
124
124
124
124
125
126
127
128
140
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ORDINANCE NO. 509-H
TABLE V
TABLE VI
TABLE VII
MINIMUM PARKING AREA REQUIREMENTS FOR
TYPICAL PARKING ANGLES 142
SCHEDULE OF OFF-STREET PARKING STANDARDS 143
SCHEDULE OF SIGN TYPES AND MAXIMUM AREA 147
CHAPTER 1. TITLE, PURPOSE AND INTERPRETATION
The title of this ordinance shall be known and may be cited as, "The Zoning Ordinance of
the City of Pearland," the purpose of which is to zone the entire area of the City of
Pearland into districts in accordance with a comprehensive plan for the purpose
of promoting health, safety, morals and the general welfare of the general public.
The regulations and districts herein established have been designed to, among other
things, lessen congestion in the streets, provide safety from fire, panic, and other dangers,
avoid undue concentration of populations, and provide and facilitate adequate provisions
for transportation, water, sewerage, schools, parks and other public requirements. Said
districts have been established with reasonable consideration of the character of the district
and its peculiar suitability for the particular uses, and with the view of conserving the value
of buildings and environment by encouraging the most appropriate use of land through the
community. The provision of this ordinance shall be considered minimum requirements.
Where this ordinance imposes a greater restriction upon land, buildings, or structures than
is imposed or required by other ordinances, covenants or agreements, the provisions of
these regulations, shall govern. Where other ordinances impose greater restrictions than
are imposed herein, the provisions of such other ordinances shall govern.
CHAPTER 2. OFFICIAL ZONING MAP PROVISIONS
Section 2.1. Zoning Map.
The City is hereby divided into the zones, or districts, as shown on the Zoning Maps
described herein which, together with all explanatory matter thereon, are hereby adopted
by reference and declared to be part of this Ordinance. Two original and identical copies
of the zoning district map shall be identified by the signature of the Mayor, attested by the
City Secretary and bearing the Seal of the City of Pearland under the following words:
"This is to certify that this is the Original Zoning Map/Official Zoning Map
referred to in Section 2 of Ordinance No. 509 of the City of Pearland, Texas."
1)
One copy, hereafter called the Original Official Zoning Map, shall be filed with the
City and retained as the original record and shall not be changed in any manner.
ORDINANCE NO. 509-H
2)
Two copies, hereafter called the Official Zoning Maps, shall be filed with the
Enforcing Officer and City Secretary and shall be maintained up-to-date by the City
Manager or his/her designee by posting thereon all changes and subsequent
amendments for observation and issuing building permits and enforcing the Zoning
Ordinance.
Section 2.2. Changes in District Boundaries.
If, in accordance with the provisions of this ordinance and Articles 1011d and 1011e,
V.A.C.S. of Texas, changes are made in the district boundaries or other matter portrayed
on the Official Zoning Maps, such changes shall be entered on the Official Zoning Maps
promptly after the amendment has been approved by the City Council.
Section 2.3. Zoning Changes.
Approved zoning changes shall be entered on the Official Zoning Maps by the City
Manager or his/her designee and each change shall be identified on the Maps with the
date and number of the ordinance making the change. No amendment to this ordinance
which involves matter portrayed on the Official Zoning Maps shall become effective until
after such ordinance has been finally approved by the City Council.
Section 2.4. Procedure for Changes.
No change of any nature shall be made on the Official Zoning Maps or matter shown
thereon except in conformity with the procedures set forth in this ordinance. Any
unauthorized change of whatever kind by any person or persons shall be considered a
violation of this ordinance and punishable hereunder.
Section 2.5. Location and Authority of Zoning Maps.
Regardless of the existence of purported copies of the Official Zoning Maps which may
from time to time be made public or published, the Official Zoning Maps shall be the final
authority as to the current zoning status of land and water areas, buildings and other
structures in the City. The Official Zoning Maps shall be available to the public at all hours
when the City Hall is open to the public.
Section 2.6. Replacement of the Zoning Maps.
In the event that the Official Zoning Maps become damaged, destroyed, lost or
difficult to interpret because of the nature and/or number of changes and additions,
the City Council may, by resolution, adopt a new Official Zoning Map, which shall
10
ORDINANCE NO. 509-H
supersede the prior Official Zoning Maps. The new Official Zoning Map may correct
drafting or other errors or omissions in the prior Official Zoning Maps, but no such
correction shall have the effect of amending the original Official Zoning Map or any
subsequent amendment thereof. The new Official Zoning Map shall be identified by
the signature of the Mayor, attested by the City Secretary, and bearing the Seal of
the City and date under the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning
Ordinance Appendix B to the Code of Ordinances of the City of Pearland, Texas."
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the
prior map or any significant parts thereof remaining, shall be preserved, together
with all available records pertaining to its adoption or amendment.
Section 2.7. Interpretation of Zoning District Boundaries.
In determining the location of zoning district boundaries on the map accompanying and
made a part of these regulations, the following rules shall apply:
am
Where boundaries are shown to follow streets or alleys, the centerline of such
streets or alleys, as they exist at the time of adoption of these regulations, shall be
the zoning boundary; or
Where boundaries are shown to enter on cross platted blocks, property lines of lots,
as they exist at the time of adoption of these regulations, shall be the zoning
boundary; or
In case of a district boundary line dividing a property into two parts, the district
boundary line shall be construed to be the property line nearest the least restricted
district. Where boundaries are shown on unsubdivided property, the location shall
be determined by use of the scale shown on the map unless dimensions are given
on the map.
Section 2.8. Land Use Districts.
For the purpose of this Ordinance, the City of Pearland is hereby divided into seventeen
(17) land use development districts as follows:
11
ORDINANCE NO. 509-H
District
Symbol District
SD
R-E
R-I
R-2
R-3
R-4
MF
MH
V
OP
NS
GB
C
PUD
M-I
M-2
FW
Suburban Development District
Estate Lot Single Family Dwelling District
Low Density Single Family Dwelling District
Medium Density Single Family Dwelling District
High Density Single Family Dwelling District
Maximum Density Single Family Dwelling District
Multi-Family Dwelling District
Mobile Home Park District
Village District
Office and Professional District
Neighborhood Service District
General Business District
Commercial District
Planned Unit Development District
Light Industrial District
Heavy Industrial District
Flood Way District
CHAPTER 3. DEFINITIONS
For the purpose of this ordinance, certain words as used herein are defined as follows.
Definitions not expressly prescribed herein are to be construed in accordance with
customary usage in municipal planning and engineering practices.
ABUTTING: Having property or district lines in common, or two objects in immediate
contact.
ACCESS: Means of approaching or entering a property. Includes a right of passage to
and from an adjacent street.
ACCESSORY USE: An "accessory use or structure" is one customarily a part thereof,
which is clearly incidental and secondary to permitted use and which does not change the
character thereof, including, but not limited to, garages, living quarters for servants,
bathhouses, greenhouses, tool sheds, or swimming pools. For tracts less than ¼ acre, all
accessory uses shall be limited to a maximum of 30% of the primary use.
AGRICULTURAL ANIMAL HUSBANDRY: The breeding, judging, care and/or production
of farm animals.
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ORDINANCE NO. 509-H
AIRPORT: An area reserved or improved for the landing or take-off of aircraft other than
rotary wing aircraft.
ALLEY: A public way which is used primarily for vehicular services access to the back or
side of properties otherwise abutting on a street or highway.
ANTIQUE SHOP: A business which sells items whose value is greater than original
purchase price because of age or extrinsic value.
APARTMENT: See Dwelling - Multi-Family.
APARTMENT HOTEL: See Hotel.
ARCHITECTURAL METAL: Metal products used for window and door trim, fascia, or soffit.
ART STUDIO OR GALLERY: Where objects of art are created or displayed for the public
enrichment or where said objects of art are displayed for sale (including the teaching of
both painting and sculpting).
AUTOMOBILE SALES LOT: A paved area for the display for sale of motorized and non-
motorized vehicles accompanied by an on-site office with staffing during normal business
hours. Sale of vehicles shall only be allowed within an Automobile Sales Lot as defined
herein.
BLOCK: A rectangular space bordered or enclosed by a street or streets and occupied by
or intended for buildings a minimum length of any side of 300 feet.
BOARD OF ADJUSTMENT: The Zoning Board of Adjustment of the City of Pearland.
BOARDING HOUSE: A building, built and/or used for residential purposes, where meals
are served for compensation to a person or persons not residing in the building.
BUILDING: A "building" is any structure built for the support, shelter, or enclosure of
persons, chattels or movable property of any kind and which is affixed to the land, the word
"building" shall include the word "structure." This does not include fence unless they are
structurally a part of the building.
BUILDING AREA: Area of the building site left to be built upon after the required yard area
has been provided.
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ORDINANCE NO. 509'H
BUILDING CODE: All regulations adopted under Chapter 7 of the Pearland Code of
Ordinances.
BUILDING HEIGHT: The vertical distance measured from grade at the front of the building
to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean height
level between eaves and ridge for a gable, hip, or gambrel roof.
BUILDING INSPECTOR: See Enforcing Officer.
BUILDING LINE: See setback line.
BUILDING OFFICIAL: That individual designated by the City Manager to insure
compliance with the Building Code of the City of Pearland, Texas.
BUILDING PERMIT: An instrument in writing signed by the Enforcing Officer authorizing
described construction on a particular lot.
BUILDING SIGN: Means a sign attached against building fronts, awnings or exposed
walls, or parallel to the face of the building atop a marquee.
CAFI~, RESTAURANT OR CAFETERIA: A commercial eating establishment where
snacks or meals are vended for consumption primarily on the premises. This definition is
intended to exclude establishments with delivery offered to automobiles away from the
main building. This definition does not prohibit "take out" windows.
CERTIFICATE OF OCCUPANCY: A written instrument executed by the Building Official
authorizing a described use of a lot, as set forth in the Building Code.
CHURCH: A building used for religious public worship.
CITY: The City of Pearland.
CITY ENGINEER: The Pearland City Engineer or his authorized representative.
CITY MANAGER: That person holding the office of City Manager under the terms of the
Pearland Charter, or an authorized representative.
CITY SECRETARY: That person holding the office of City Secretary under the terms of
the Pearland Charter, or an authorized representative.
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ORDINANCE NO. $09-H
CLINIC: An institution, public or private, or a station for the examination and treatment of
out-patients by an individual or group of doctors, dentists, or other licensed members of a
human health care profession.
COMMERCIAL AMUSEMENT: An amusement enterprise offering entertainment or games
of skill to the general public for a fee or charge or wherein any portion of the activity takes
place in the open including, but not limited to, a golf driving range, archery range, miniature
golf course, bowling alley, game room, and billiard parlor.
COMMERCIAL VEHICLE/TRUCK: Every vehicle designed, maintained or used primarily
for the transportation of property with a weight in excess of fifteen hundred (1,500) pounds.
COMMON PROPERTY: A parcel or parcels of land, together with the improvements
thereon, the use and enjoyment of which are shared by the owners and occupants of the
individual building sites in a Planned Unit.
COMMON WALL: An approved fire rated wall separating two dwelling units.
CONDOMINIUM: Two or more dwelling units on a lot with individual ownership of a unit
rather than of a specific parcel of real property, together with common elements. See
Article 1301a, Tex. Rev. Civ. Stat.
CONVENT: A place of dwelling and/or study for persons under religious vows.
CORNER LOT: A lot abutting upon two (2) or more streets at their intersections.
COUNTRY CLUB: An area of twenty (20) acres or more containing a golf course and/or a
clubhouse and available to a private specific membership, which club may also contain
adjunct facilities such as a dining room, swimming pool, tennis courts or other recreational
or service facilities.
CUL-DE-SAC: A local street having but one inlet/outlet to another street and terminated
on the opposite end by a vehicular turnaround.
DANCEHALL/NIGHTCLUB: An establishment offering to the general public facilities for
dancing and/or entertainment.
DAY NURSERY: An establishment where children, separated from their parents or
guardian, are housed for care or training during the day or a portion thereof on a regular
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ORDINANCE NO. 509-H
schedule more often than once a week; does not include a public school, private school,
kindergarten or registered family home.
DENSITY: The measure of the degree to which land is filled with residential dwelling units
designed to accommodate a family group. All density calculations shall be made using net
acreage, exclusive of storm water detention areas, pipeline or other utility easements that
are not maintained as public recreation areas, thoroughfare rights of way, and streets
dedicated and accepted prior to platting of the property.
DEPARTMENT STORE: A store selling a wide variety of goods, which are arranged into
departments.
DIRECTOR OF PUBLIC WORKS: As defined by City Charter authorizing same position.
DISTRICT: A zoning district under this Ordinance.
DORMITORY: Any structure specifically designed to house student tenants associated
with a university, college or school, public or private.
DRAG STRIP: An establishment where a pre-established race course of at least 1/4 mile
in length is located.
DRIVE-IN/REFRESHMENT STAND: Any place or premises used for sale, dispensing or
serving of food and/or beverages to consumers in automobiles or on foot, or at an outdoor
patio or table, and where indoor tables are not provided.
DUPLEX: A residential building containing two attached dwelling units designed for
occupancy by not more than two families.
DUMPSTER: A large, metal refuse receptacle specifically designed to be emptied by
heavy machinery and which is otherwise stationary.
DWELLING/DWELLING UNIT: A "dwelling or dwelling unit" is any building or portion
thereof which is designed or used exclusively for residential purposes.
DWELLING, SINGLE FAMILY: A residential building, other than a mobile home, designed
for occupancy by one family or individual.
DWELLING, SINGLE FAMILY DETACHED: A single family dwelling unit.
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ORDINANCE NO. 509-H
DWELLING, MULTI-FAMILY: A residential building designed for occupancy by three or
more families, with the number of families not to exceed the number of dwelling units.
EFFICIENCY APARTMENT: An apartment without a bedroom separate from other living
quarters.
EMERGENCY VEHICLE: Any vehicle meeting the requirements for emergency vehicles
under State Law or City Ordinance.
ENFORCING OFFICER: The designated Enforcing Officer of the City of Pearland or his
designated representative.
FAMILY: A "family" is an individual or any number of persons related by blood or marriage
or not more than four (4) unrelated persons living as a single housekeeping unit.
FAST FOOD SERVICE: An establishment which prepares and sells food on the premises
primarily for consumption elsewhere. This definition does not include drive-in restaurants
as herein defined.
FENCE: Any structure or hedge greater than thirty (30) inches in height and of any
material, the purpose of which is to provide protection from intrusion (both physical and
visual), to prevent escape, mark a boundary, or provide decoration. All walls except for
dikes and retaining walls for the purpose of diverting water and retaining soil would be
classified as a fence.
FIRST FLOOR: For the purpose of determining facade requirements, first floor is defined
as the vertical distance of a structure/building measured from the average established floor
elevation (slab) to the space above it between the floor and the next floor or ceiling or roof,
the height of said space being no more than twelve feet (12').
FLOOD WAY: The portion of a water course that is subject to periodic flooding.
FLOOR AREA: The sum total area of all floors as calculated from measurements to
outside walls.
FREE STANDING SIGN: A sign supported solely by posts or structures other than a
building.
FRONT YARD: A yard between an adjacent street and the entrance side of a principal
structure on a lot.
17
ORDINANCE NO. 509-H
GARAGE, REPAIR: An establishment where motor vehicles receive maintenance, repair
or where auto body repair takes place. Such shall not include salvaging.
GASOLINE SERVICE STATION: An establishment where gasoline is sold and dispensed
into motor vehicle tanks.
GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished
surface of the ground between the exterior wall of a building and a point five (5)feet distant
from said wall, or the lowest point of elevation of the finished surface of the ground
between the exterior wall of a building and the property line if it is less than five feet distant
from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or
public way, the grade shall be the elevation of the sidewalk, alley or public way.
GROSS LEASABLE AREA: The total floor area of a building which is designed for tenant
occupancy and use, including basements and mezzanines, and measured to center lines
of joint partitions and to outside of exterior walls, excluding mechanical equipment, storage,
restrooms, stairwells, elevator shafts and other common areas.
GROUND SIGN: A sign which is supported by one (1) monolithic structure which is not
less in width than one-half (½) the maximum sign height, set upon the ground and is not
part of a building, including ground signs that advertise for more than one occupancy on
the premises (multi-tenant).
HARDWARE STORE: A store in which the primary items offered for sale are wares such
as fittings, tools, machinery, utensils and other similar objects.
HEAVY MACHINERY SALES: The sale, trade and/or transfer of any motor propelled
machinery used for excavation and/or construction purposes.
HEIGHT OF BUILDING: The vertical distance from the "Grade" to the highest point of the
coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitch or hip roof.
HELIPORT/HELIPAD: A landing facility for rotary wing aircraft subject to regular use and
which may include fueling or servicing facilities for such craft.
HOBBY SHOP: See Speciality Shop.
18
ORDINANCE NO. 509-H
HOMEOWNERS ASSOCIATION/PROPERTY OWNERS ASSOCIATION: An incorporated,
nonprofit organization operating under recorded land agreements through which (a) each
lot and/or home owner in a planned unit or other described land area is automatically a
member, (b) each lot is automatically subject to charge for a proportionate share of the
expenses for the organization's activities, such as maintaining a common property, and (c)
the charge, if unpaid, becomes a lien against the property.
HOSPITAL, SANITARIUM, NURSING OR CONVALESCENT HOME: A building or
portion thereof, used or designed for the housing or treatment of sick, aged, mentally ill,
injured, convalescent or infirm persons, provided that this definition shall not include rooms
in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied
by said persons.
HOTEL: Any building containing six or more guest rooms intended or designed to be used,
or which are used, rented or hired out to be occupied, or which are occupied for sleeping
purposes by guests, and which are not directly accessed from an outside parking space.
INTEGRAL RESIDENTIAL DEVELOPMENT: The combining of various types of residen-
tial development to achieve the highest and best use of the property.
KENNEL: Any building, lot or premises on or in which dogs or cats (at least eight weeks of
age) are kept, or any building, lot, or premises where dogs or cats are housed or accepted
for boarding, for which remuneration is received. This term does not include a veterinary
clinic.
KINDERGARTEN: Any school, private or parochial, whether operated for profit or not,
attended by children during any part of a day, which provides a program of instruction for
children below the first grade level in which constructive endeavors, object lessons and
helpful games are prominent features of the curriculum.
LABORATORY: An establishment equipped for experimental study in a science or for
testing and analysis.
LANDSCAPED: Adorned or improved by contouring land and placing thereon live flowers,
shrubs, trees, grass or other vegetation.
LIGHT INDUSTRIAL (M-l): Major appliance and machinery sales and service, printing
plants, engraving shops, plumbing shops, sheet metal fabricating, laundries, electrical
contractors, mechanical contractors (includes heating, air conditioning) and carpet cleaners
(on premise cleaning).
19
ORDINANCE NO. 509-H
LIGHT MANUFACTURING PROCESS: Light manufacturing process which does not emit
detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot
or tract upon which the use is located and which does not generate noise or vibration atthe
boundary of the district which is generally perceptible in frequency or pressure above the
ambient level of noise in the adjacent areas.
LOT: As used herein, a "lot" is each physical and undivided tract or parcel of land as
shown on a duly recorded plat, and the word "lot" shall include the word "plot." In zoning
districts requiring a side yard setback between like-zoned lots, 'lot' shall include the
combination of two or more adjacent platted lots allowing a building to cross side yard
setback lines. A person combining lots in such a manner shall provide an acknowledged
declaration of intent for two or more lots to be treated as one lot for building purposes. The
Building Official shall file said declaration in the deed records of the county in which the lots
are located.
LOT COVERAGE: That portion of the lot covered by a building structure.
LOT MEASUREMENT:
aw
Area of the lot shall be the net area of the lot, expressed in square feet or acreage
and shall not include portions of any public street or alley.
Depth of a lot shall be considered to be the distance between the midpoints of
straight lines connecting the foremost points of the side lot lines in front and the
rearmost points of the side lot lines in the rear (the mean horizontal distance
between the front and rear lot line).
Width of a lot shall be considered to be the distance between straight lines
connecting front and rear lot lines at each side of the lot, measured across the rear
of the required front yard; provided, however, that width between side lot lines at
their foremost points (where they intersect with the street line) shall not be less than
eighty (80) percent of the required lot width except in the case of lots on the turning
circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply.
20
ORDINANCE NO. 509-H
MANUFACTURED HOME: A structure constructed on or after June 15, 1976, according to
the rules of the United States Department of Housing and Urban Development,
transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or
more in width or forty (40) body feet or more in length, or when erected on site, is 320 or
more square feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical systems.
MANUFACTURING, PROCESSING and FABRICATION: Activities or facilities including,
but not limited to, beverage plant, fabrication, metal finishing, foundry, ice plant, machine
shop, planing mill, printing plant, publishing and bindery plant, masonry products
manufacturing, refinery for nonagricultural products, food products, processing and
packaging plant, precision instruments manufacturing, and research laboratory.
MARQUEE: A roof-like structure projecting over the entrance to a building. It may also
project over a sidewalk adjacent and parallel to the front wall of a building.
MARQUEE SIGN: A sign with slots or wires for inserting individual letters so that a
message about products sold or services provided on the same premises may be changed.
A marquee sign may be part of a building or ground sign provided it does not exceed
seventy five (75%) of the area of the sign.
MASONRY: Masonry is defined as brick, stone brick veneer, custom treated tilt wall,
decorative or textured concrete block, split face block, stucco, or EIFS (exterior insulation
and finish systems.
METAL: Metal is defined as 24 gauge or heavier architectural panels (wall systems) with
concealed fasteners and no exposed seams. Corrugated metal, exposed fasteners, and
exposed seams are prohibited.
MINI WAREHOUSE: Enclosed space rented to members of the general public for storage
of motor vehicles, trailers, boats, bulky household goods, and sundry personal property.
MOBILE HOME: A structure that was constructed before June 15, 1976, transportable in
one or more sections, which, in the traveling mode, is eight (8) body feet or more in width
or forty (40) body feet or more in length, or when erected on site is 320 or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities and includes
the plumbing, heating, air conditioning, and electrical systems.
21
ORDINANCE NO. 509-H
MOBILE HOME SPACE: A division of a "MH" mobile home zoned lot for use by a single
mobile home.
MONASTERY: See Convent.
MOTEL: Any building containing six or more guest rooms intended or designed to be
used, or which are used, rented or hired out to be occupied, or which are occupied for
sleeping purposes by guests, and which are accessed by and adjacent to an outside
parking space.
MULTIPLE BUILDING COMPLEX: More than one (1) principal structure on a building lot.
NONCONFORMING USE: Any building, structure or land lawfully occupied by a use or
lawfully situated at the time of the passage of this ordinance or amendments thereto, which
does not conform, after the passage of this ordinance or amendments thereto, with the
regulations of this ordinance.
OCCUPANCY: Any utilization of real property.
OFF-PREMISES PORTABLE SIGN: An off-premise sign which is also a portable sign.
OFF-PREMISE SIGN: A sign displaying advertising copy that pertains to a business,
person, organization, activity, event, place, service, or product not principally located or
primarily manufactured or sold on the premises on which the sign is located.
OPEN SPACE: Area, excluding parking, street, alley, service walk or other service areas,
but including any side, rear, or front yard or any unoccupied space on a lot that is
unobstructed to the sky, except for the ordinary projections of cornices, eaves, lattice work
or trellises.
ORCHARD: An area of two (2) acres or more which is used for the growing of farm
products, vegetables, fruits, trees and/or grain and including incidental and/or necessary
accessory uses for raising, treating and storing products raised on the premises, but not
including the commercial feeding of offal and garbage to swine or other animals and not
including any type of agricultural animal husbandry as specifically defined.
22
ORDINANCE NO. 509-H
PARKING AREA: An off-street area for the temporary storage of motor vehicles, whether
free, for compensation or as an accommodation for clients or customers.
PARKING LOT (Commercial Auto): Area, enclosed or unenclosed, sufficient in size to
store automobiles, pickups and/or trucks and permitting ingress and egress of vehicles to a
street or alley.
PARKING LOT (Truck Storage): A place where one or more trucks are parked or stored.
PARKWAY AREA: That portion of the public right-of-way laying primarily between the
edge of the pavement or curb and the private property line.
PATIO HOME: A single family detached dwelling unit placed on the lot so that it sits along
the side lot line, so as to provide maximum usable open space for the private use of
occupants of each residential unit.
PAWN SHOP: An establishment where articles are traded in exchange for money plus a
right to redeem such articles within a given amount of time upon repayment of such money
with interest.
PERMITTED USE: A use specifically allowed in one (1) or more of the various districts
without the necessity of obtaining a use permit. This term does not include conditional
uses.
PERSON: A natural person, his heirs, executors, administrators, or assigns and also
includes a firm, partnership, or corporation, its or their successors or assigns, or the agent
of any of the aforesaid.
PERSON IN CHARGE: Any person who has real or apparent care, custody, and control of
real property or buildings located thereon.
PERSONAL SERVICE SHOP: An establishment for the purpose of supplying limited
personal services, including but not limited to: cleaning and laundry collection station;
interior decorating; watch and jewelry repair; art gallery; library; museum; studio for
professional artwork, photography, dance or fine arts, including teaching of applied and
fine arts; this definition does not include massage parlors, barber shops, beauty shops, or
hairdressers.
23
ORDINANCE NO. 509-H
PLANNED UNIT DEVELOPMENT (PUD): A land development project comprehensively
planned as an entity via a unitary site plan which permits flexibility in building siting,
mixtures of housing types and land uses, usable open spaces and the preservation of
significant natural features.
PLANNING COMMISSION: The Planning and Zoning Commission of the City of Pearland,
Texas.
PLOT. See Lot.
PORTABLE SIGN: Any sign designed or constructed to be easily moved from one location
to another, including, but not limited to, signs mounted upon or designed to be mounted
upon a trailer, bench, wheeled carrier, A-frame, or other non-motorized mobile structure; a
portable sign which has its wheels removed shall still be considered a portable sign
hereunder. For the purpose of this chapter, trailer signs and signs on benches are
'portable signs'.
PRINT SHOP: Establishment utilizing off-set, letter press, duplicating equipment, but no
rotary presses or linotype equipment.
PRIVATE CLUB: An establishment where food and/or drink is offered for sale or
consumption to a private specific membership.
PROFESSIONAL OFFICE: An office occupied by a doctor, lawyer, dentist, engineer, or
any other vocation involving predominately mental or intellectual skills requiring
post-secondary education. Specifically excludes any activity involving sales of personal
property. Does not include veterinary clinics.
QUADRUPLEX: Four single family dwelling units joined by common sidewalls.
REAR YARD: An interior yard extending along the full length of the rear lot line and
defined by a line along and parallel to the rear lot line.
RECREATION CENTER: An indoor business establishment used for recreation and social
activities.
RECREATION SPACE/FACILITIES: Any open or enclosed area which is available to
inhabitants of an occupancy for passive and/or active recreational pursuits. This term
includes, but is not limited to, swimming pools, recreation rooms, ball courts, grass areas,
playgrounds and any other area both open to all inhabitants of the occupancy and not
required for another purpose, such as walkways, parking areas, and landscaping.
24
ORDINANCE NO. 509-H
REFUSE CONTAINER: Any container, including dumpster, used as temporary storage of
routinely collected waste.
REFUSE DUMP: A place reserved or used for the dumping or accumulation of refuse or
discarded matter.
REGISTERED FAMILY HOME: A facility that regularly provides care in the caretaker's
own residence for not more than seven (7) children under 14 years of age, including the
caretaker's own children, and which is properly licensed by the Texas Department of
Human Resources as a Registered Family Home, and which is operating in full compliance
with prescribed Minimum Standards for Registered Family Homes, as promulgated by said
Department.
ROOMING/LODGING HOUSE: A group of rooms for lodging provided for compensation,
either in a converted single family home or in a structure specifically designed for such
purpose and where no cooking facilities are provided in individual living units.
SALVAGING: Auto wrecking yard, junk yard, salvage products processing and sales, used
auto parts sales.
SEAT: One (1) sitting space equal to eighteen (18) inches of bench or pew width if other
than an individual chair.
SECURITY DWELLING: An accessory dwelling incidental and subordinate to the primary
use. The function of a security dwelling would be the protection and security of the primary
use served.
SERVICE ESTABLISHMENT: Establishment that provides a service for remuneration, and
includes, but is not limited to, barber and beauty shops, hairdressers, shoe repair, tailor
shops and health studios.
SETBACK LINE: A line which marks the setback distance from the property line, and
establishes the minimum required front, side or rear yard space of a building plot.
SHALL: As used in this Code, is mandatory and not discretionary.
25
ORDINANCE NO. 509-H
SHOPPING CENTER OR INTEGRATED BUSINESS DEVELOPMENT: A commercial
development such as a strip center, mall, multi-tenant office building, commercial center, or
industrial complex in which two (2) or more separate businesses occupy a single or
multiple structures which share on-site parking and common driveways.
SIDE YARD: An interior yard extending along and parallel to the side lot line separating
two (2) tracts of land.
SIGN (BILLBOARD): A sign which is subject to regulation under the provisions of the
Federal Highway Beautification Act, 23 U.S.C.A. Section 131 et seq., as amended.
SIGN FREESTANDING OR POLE TYPE (On-Premise): A sign which advertises an
establishment and is located on the premises owned or controlled by said establishment,
which is supported by a single vertical support anchored or set into the ground.
SIGN, REAL ESTATE: A sign whose purpose is to advertise for sale a parcel of real
property or an estate in land, including rentals.
SITE PLAN: A scaled drawing showing the use of a parcel of land and the locations of
buildings, drives, sidewalks, parking areas, drainage facilities and other structures to be
constructed in relation to surveyed boundaries.
SPECIALTY SHOP: An establishment for the purpose of supplying limited specialty items
including but not limited to: antiques, art objects and supplies, ceramic supplies, books,
camera and photo supplies, candy, florist, gifts, greeting cards, framing, stamps and coins,
stationery, and tobacco.
STORAGE AND WAREHOUSES: Commercial storage, crating service, petroleum
products storage, truck terminal, warehouse.
STREET: The entire width between property lines when any part thereof is open to the use
of the public, as a matter of right, for the purpose of vehicular traffic. This definition shall
include public as well as private streets.
STRUCTURE: Anything constructed, the use of which requires permanent location on the
ground or attachment to something having a permanent location on the ground. See
Building.
STRUCTURE, PRINCIPAL: The principal structure which fulfills the purpose forwhich the
building plot is intended.
;[6
ORDINANCE NO. 509-H
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the
structure either (a) before the improvement is started, or (b) if the structure has been
damaged and is being restored, before the damage occurred. Substantial improvement is
started when the first alteration of any structural part of the building commences.
SUPERMARKET: A retail market primarily selling foods and household merchandise, and
which may also offer other items and/or services in limited quantities.
TEMPORARY SIGN: Any sign constructed of cloth, canvas, light fabric, cardboard,
wallboard, plywood, or other light materials with short life expectancies. A portable sign
shall not be considered a temporary sign.
TENNIS OR SWIM CLUB: A recreational area containing a swimming pool or tennis
courts or both with related facilities and/or clubhouse, all of which facilities are available to
a private specific membership.
THEATER: An establishment charging admission to the general public for the privilege of
observing a live, televised, or motion picture performance.
THUMBNAIL (or EYEBROW): A partial cul de sac bulb, usually with a central angle of
180 degrees or less.
TOWNHOUSE: One of a group of no less than three (3) nor more than twelve (12)
attached dwelling units, separated by a fire rated wall, each dwelling unit located on a
separate lot. No single group shall exceed two hundred and forty (240) feet in length.
TRUCK: See Commercial Vehicle.
VARIANCE: A legal modification of the district provisions such as yard, lot width and yard
depth, signs, setback, off-street parking and loading regulations, height, access and
screening granted due to the peculiar conditions existing within a single piece of property.
VARIETY STORE: A store selling a large variety of non-food items of Iow unit value.
VETERINARY CLINIC: A place where a veterinarian maintains treatment facilities for
diseased or injured animals, including boarding facilities.
27
ORDINANCE NO. 509-H
VISIBILITY TRIANGLE: A triangle sight area, at all intersections, which shall include that
portion of public right-of-way and any corner lot within the adjacent curb lines and a
diagonal line intersecting such curb lines at points thirty-five (35) feet back from their
intersection (such curb lines being extended if necessary to determine the intersection
point). Visibility triangle shall also mean a triangle sight area, on each side of a driveway
where private driveways open into public streets, which shall include that portion of public
right-of-way and any lot within a right triangle with the right angle at the point where the
curb break begins and the sides forming the right angle being fifteen (15) feet long, one of
which extends back along the adjacent curb and the other back toward the private property
or parkway.
WHOLESALE DISTRIBUTOR: Alcoholic beverage distributor; wholesale equipment and
furniture; wholesale groceries, meats, fish and poultry; wholesale produce; wholesale
supply house; wholesale laundry and dry cleaning plant.
WRECKING YARD/SALVAGE YARD: A yard or building where motor vehicles, parts of
motor vehicles, or machinery are stored, dismantled and/or offered for sale in the open as
whole units, as salvaged parts or as scrap or processed metal.
YARD: Open space on the lot or building plot on which a building is situated, between the
property line and the setback line, which is open and unobstructed to the sky by any
structure except as herein provided. In measuring a yard for compliance with this
ordinance, the minimum horizontal distance between the lot line (street R.O.W. line) and
the main building shall be used.
CHAPTER 4. SD, SUBURBAN DEVELOPMENT DISTRICT
Section 4.'1. Purpose of District.
It is the purpose of the Suburban Development District to classify undeveloped property
until such time as a permanent land use classification can be established. The SD
classification may be used in conjunction with a co-classification to better reflect the
guidelines established in the approved Comprehensive Plan in effect at the time of zoning.
Where designated, these co-classifications would reflect the type zoning proposed by the
Comprehensive Plan and would be limited to Residential Compatible, Business Compatible
and Industrial Compatible. These proposed designations would establish a trend that
could be carried through the ultimate development of the area and permit a final zoning
classification.
28
ORDINANCE NO. 509-H
Zoning categories identified in the co-classification would be used as a guide for determin-
ing land use changes for permanent zoning.
(a) SD-R
Residential Compatible: R-E, R-l, R-2, R-3, R-4, MF, OP, NS and GB. This
mixture would establish a Iow density residential character for the area;
(b) SD-B
Business Compatible: MF, OP, NS, GB and C. This mixture would establish
a retail or business character for the area;
(c) SD-I
Industrial Compatible: GB, C, M-l, and M-2. This mixture would establish
an industrial character for the area.
Section 4.2. Permitted Uses. See Table III.
Section 4.3. General Conditions.
No person shall erect, construct or add to any building or structure or cause the
same to be done on SD zoned property without first applying for and obtaining a
building permit or certificate of occupancy thereof from the Building Inspector or the
City Council as may be required herein.
No permit for the construction of a building or use of land shall be issued by the
Building Inspector other than a permit which will allow the construction of a building
permitted in the SD, Suburban Development District, unless and until such territory
has been classified in a district other than SD, by the City Council in the manner
provided by law except that a building permit may be issued in accordance with the
provisions of subsection (c).
29
ORDINANCE NO. 509-H
An application for a land use permit for any use other than that specified in
paragraph (b) above shall be made to the Building Inspector of the City of Pearland,
and by him referred to the City Planning and Zoning Commission for consideration
and recommendation to the City Council. The City Planning and Zoning
Commission in making its recommendation to the City Council concerning any such
permit shall take into consideration the appropriate land use for the area and the
Comprehensive Development Plan for the City of Pearland. The City Council after
receiving and reviewing the recommendations of the City Planning and Zoning
Commission may by majority vote authorize the issuance of the Building Permit or
Certificate of Occupancy or may disapprove the application.
CHAPTER 5. R-E, ESTATE LOT SINGLE FAMILY DWELLING DISTRICT
Section 5.1. Purpose of District.
The R-E Dwelling District, the most restrictive of all residential districts, is intended to
permit the Iow density development of detached single family dwelling units and
appropriate desirable open space. This district may be combined with the PUD, Planned
Unit Development District, to provide for grouping of dwelling units to achieve larger open
space areas and community recreational areas.
Section 5.2. Permitted Uses. See Table III.
Section 5.3. R-E Planned Unit Development Uses.
In addition to permitted uses, the following uses may be allowed:
Indoor and outdoor recreational facilities in conjunction with residential uses.
Section 5.4. General Conditions.
Area requirements:
(a) Minimum lot size - Every lot within the zoning district shall be at least
one-half acre (21,780 square feet) in area.
(b) Minimum lot width - Every lot within this zoning district shall be at least
120 feet in width, measured at the front building line.
(c) Maximum Coverage - No more than 50% of the total lot area shall be
covered.
30
ORDINANCE NO. 509-H
(d)
Where a lot having less area, width, and/or depth existed in separate
ownership upon the effective date of this Ordinance, the erection of one
single family dwelling shall be permitted.
2. Yard (setback) requirements:
(a)
Front yards shall be at least forty (40) feet, provided that the front yard shall
be at least thirty-five (35) feet on lots within the arc of a cul-de-sac and
thumbnail lots.
(b) Rear yards shall be at least twenty-five (25) feet.
(c)
There shall be at least one side yard of at least fifteen (15) feet, with an
aggregate adjacent dwelling separation of thirty (30) feet. Side yards
abutting a street right of way shall be at least forty (40) feet.
Every part of a required side yard shall be open and unobstructed except for
accessory buildings, as permitted herein, and the ordinary projections of
window sills, belt courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the required side yard, and
roof eaves projecting not to exceed forty-eight (48) inches into the required
side yard, except that no projections shall be permitted closer than twelve
(12) inches to a common property line.
Accessory buildings, as permitted, herein, shall be allowed in required side
yards; provided, however, that no accessory building may be closer than
three (3) feet to a common property line and shall not encroach on any
dedicated easements.
3. Height restrictions:
No building shall exceed thirty-five (35) feet in height.
4. Accessory buildings:
Accessory buildings, including garages, tool sheds, and greenhouses shall be
permitted behind the front building line; provided, however, that no structure shall be
allowed in any dedicated easement.
31
ORDINANCE NO. 509-H
Common areas - management and maintenance: For any land or facilities to be
used in common by residents of the development, there shall be provisions made
for the establishment of a property owners association to manage and maintain
such common facilities.
Section 5.5. Planned Unit Development Regulations.
R-E PUD uses shall be subject to R-E general conditions, except for the following R-E
general conditions as specifically imposed by the site plan or ordinance adopting such site
plan.
Maximum density in this district shall not exceed two (2) dwelling units per acre. There
shall not be a minimum lot size or width.
CHAPTER 6. R-l, SINGLE FAMILY DWELLING DISTRICT
Section 6.1. Purpose of District.
The R-1 Dwelling District is intended to permit the Iow density development of detached
single family dwelling units and appropriate desirable open space. This district may be
combined with the PUD, Planned Unit Development District, to provide for grouping of
dwelling units to achieve larger open space areas and community recreational areas.
Section 6.2. Permitted Uses. See Table II1.
Section 6.3. R-1 Planned Unit Development Uses.
In addition to permitted uses, the following uses may be allowed:
Indoor and outdoor recreational facilities in conjunction with residential uses.
Section 6.4. General Conditions.
1. Area requirements:
(a)
Minimum lot size - Every lot within the zoning district shall be at least
8,800 square feet in area.
(b)
Minimum lot width - Every lot within this zoning district shall be at least
80 feet in width, measured at the front building line.
32
ORDINANCE NO. 509-H
a
(c)
Maximum Coverage - No more than 60% of the total lot area shall be
covered.
(d)
Where a lot having less area, width, and/or depth existed in separate
ownership upon the effective date of this Ordinance, the erection of one
single family dwelling shall be permitted.
Yard (setback) requirements:
(a)
Front yards shall be at least twenty-five (25) feet, provided that the front yard
shall be at least twenty (20) feet on lots within the arc of a cul-de-sac and
thumbnail lots.
(b) Rear yards shall be at least twenty (20) feet.
(c)
Interior lot: There shall be one side yard of at least five (5) feet, with an
aggregate adjacent dwelling separation of fifteen (15) feet.
Corner lot: There shall be a minimum yard of at least twenty feet (20')
adjacent to the side street of a corner lot. If the recorded plat indicates
corner lots will be restricted to front entry only, there shall be a minimum yard
of at least fifteen feet (15') adjacent to the side street of a corner lot when the
corner lot backs up to an abutting side yard and ten feet (10') adjacent to the
side street of a corner lot when the corner lot backs up to an abutting rear
yard.
Every part of a required side yard shall be open and unobstructed except for
accessory buildings, as permitted herein, and the ordinary projections of
window sills, belt courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the required side yard, and
roof eaves projecting not to exceed forty-eight (48) inches into the required
side yard, except that no projections shall be permitted closer than twelve
(12) inches to a common property line.
Accessory buildings, as permitted herein, shall be allowed in required side
yards, provided, however, that no accessory building may be closer than
three (3) feet to a common property line and shall not encroach on any
dedicated easements.
Height restrictions:
No building shall exceed thirty-five (35) feet in height.
33
ORDINANCE NO. 509-H
4. Accessory buildings:
Accessory buildings, including garages, tool sheds, and greenhouses shall be
permitted behind the front building line, provided, however, that no structure shall be
allowed in any dedicated easement.
Common areas - management and maintenance: For any land or facilities to be
used in common by residents of the development, there shall be provisions made
for the establishment of a property owners association to manage and maintain
such common facilities.
Section 6.5. Planned Unit Development Regulations.
R-1 PUD uses shall be subject to R-1 general conditions, except for the following R-1
general conditions as specifically imposed by the site plan or ordinance adopting such site
plan.
Maximum density in this district shall not exceed four (4) dwelling units per acre. There
shall not be a minimum lot size or width.
CHAPTER 7. R-2 SINGLE FAMILY DWELLING DISTRICT
Section 7.1. Purpose of District.
The R-2 dwelling district is intended to permit the Iow density residential development of
detached single family residential dwelling units and appropriate desirable open space
having similar land use controls to the R-1 single family district, but providing for smaller lot
sizes. This district may be used as a transition zone from more restrictive to less restrictive
districts, or may be combined with PUD Planned Unit Development to provide for grouping
of dwelling units to achieve larger open space areas and community recreational areas.
Section 7.2. Permitted Uses. See Table II1.
Section 7.3. R-2 Planned Unit Development.
In addition to the permitted uses, the following uses may be allowed:
Recreational spaces/facilities in conjunction with residential uses.
34
ORDINANCE NO. 509-H
Section 7.4. General Conditions.
1. Area requirements:
(a)
Minimum lot size - every lot within the zoning district shall be at least
7,000 square feet in area;
(b)
Minimum lot width - every lot within the zoning district shall be at least
seventy (70) feet in width, measured at the front building line;
(c)
Maximum lot coverage - no more than 60% of the total lot area shall be
covered.
2. Yard (setback) requirements:
(a)
Interior lot: Front yard shall be at least twenty-five (25) feet for all lots of one
hundred (100) feet or more in depth and twenty (20) feet for lots of less than
one hundred (100) feet in depth, provided that the front yard shall be at least
twenty (20) feet on lots within the arc of a cul-de-sac and thumbnail lots.
Corner lot: There shall be a minimum yard of at least twenty feet (20')
adjacent to the side street of a corner lot. If the recorded plat indicates
corner lots will be restricted to front entry only, there shall be a minimum yard
of at least fifteen feet (15') adjacent to the side street of a corner lot when the
corner lot backs up to an abutting side yard and ten feet (10') adjacent to the
side street of a corner lot when the corner lot backs up to an abutting rear
yard.
(b) Rear yard shall be at least twenty (20) feet.
(c)
There shall be one side yard of at least five (5) feet, with an aggregate
adjacent dwelling separation of fifteen (15) feet.
Every part of a required side yard shall be open and unobstructed except for
accessory buildings, as permitted herein, and the ordinary projections of
window sills, belt courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the required side yard, and
roof eaves projecting not to exceed forty-eight (48) inches into the required
side yard, except that no projections shall be permitted closer than twelve
(12) inches to a common property line.
35
ORDINANCE NO. 509-H
Accessory buildings, as permitted herein, shall be allowed in required side
yards; provided, however, that no accessory building may be closer than
three (3) feet to a common property line and shall not encroach on any
dedicated easements.
3. Height restriction:
No building shall exceed thirty-five (35) feet in height.
4. Accessory buildings:
Accessory buildings shall be permitted behind the front building line; provided,
however, that no structure shall be allowed in any dedicated easement.
Common areas - management and maintenance: For any land or facilities to be
used in common by residents of the development, there shall be provisions made
for the establishment of a property owners association to manage and maintain
such common facilities.
Section 7.5. Planned Unit Development Regulations.
R~2 PUD uses shall be subject to R-2 general conditions, except for the following
R-2 general conditions as specifically imposed by the site plan or ordinance
adopting such site plan:
Maximum density in this district shall not exceed five (5) dwelling units per acre.
There shall not be a minimum lot size or width.
CHAPTER 8. R-3 SINGLE FAMILY DWELLING DISTRICT
Section 8.1. Purpose of District.
The R-3 dwelling district is intended to permit medium density single family detached units
and appropriate desirable open space. The R-3 dwelling district will be located to provide a
buffer between lower density residential, and less restrictive zones. This district may be
combined with a PUD Planned Unit Development District to provide for a grouping of
dwelling units to achieve larger open space areas and community recreational areas.
Section 8.2. Permitted Uses. See Table III.
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ORDINANCE NO. 509-H
Section 8.3, R-3 Planned Unit Development Uses.
In addition to the permitted uses, the following uses may be allowed:
a. Hospitals, convalescent homes;
b. Indoor and outdoor recreational facilities; and
c. Patio Homes.
Section 8.4. General Conditions.
1. Area requirements:
(a)
Minimum gross site area. Every residential tract within the zoning district
shall have a minimum gross site area of at least 25,000 square feet in area.
(b)
Minimum lot width. Every lot within this zoning district shall be at least
sixty (60) feet in width, measured at the front building line.
(c)
Minimum lot size: 6,000 square feet. No more than 50% of the total lot area
shall be covered by buildings.
2. Yard (setback) requirements:
(a)
Interior lot: Front yard shall be at least twenty-five (25) feet for all lots of one
hundred (100) feet or more in depth and twenty (20) feet for lots of less than
one hundred (100) feet in depth, provided that the front yard shall be at least
twenty (20) feet on lots within the arc of a cul-de-sac and thumbnail lots.
Corner lot: There shall be a minimum yard of at least twenty feet (20')
adjacent to the side street of a corner lot. If the recorded plat indicates
corner lots will be restricted to front entry only, there shall be a minimum yard
of at least fifteen feet (15') adjacent to the side street of a corner lot when the
corner lot backs up to an abutting side yard and ten feet (10') adjacent to the
side street of a corner lot when the corner lot backs up to an abutting rear
yard.
(b) Rear yard shall be at least twenty (20) feet.
37
ORDINANCE NO. 509-H
(c)
There shall be one side yard of at least five (5) feet, with an aggregate
adjacent dwelling separation of fifteen (15) feet.
Every part of a required side yard shall be open and unobstructed except for
accessory buildings, as permitted herein, and the ordinary projections of
window sills, belt courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the required side yard, and
roof eaves projecting not to exceed forty-eight (48) inches into the required
side yard, except that no projections shall be permitted closer than twelve
(12) inches to a common property line.
Accessory buildings, as permitted herein, shall be allowed in required side
yards, provided, however, that no accessory building may be closer than
three (3) feet to a common property line and shall not encroach on any
dedicated easements.
3. Height restrictions: No building shall exceed thirty-five (35) feet in height.
Accessory buildings: Accessory buildings shall be permitted behind the front
building line, provided, however, that no structure shall be allowed in any dedicated
easement.
Common areas - management and maintenance: For any land or facilities to be
used in common by residents of the development, there shall be provisions made
for the establishment of a property owners association to manage and maintain
such common facilities.
Section 8.5. Planned Unit Development Regulations.
R-3 PUD shall be subject to R-3 general conditions, except for the following R-3
general conditions as specifically imposed by the site plan or ordinance adopting
such site plan.
(a) Maximum lot coverage of 60%.
(b)
Common Open Space Areas for Patio Homes. There shall be at least
900 square feet of common open space per patio home lot; the minimum
area of any common open space shall be 6,000 square feet. Each required
common open space area shall be within 300 feet of all the patio home lots it
is intended to serve, measured along a route of pedestrian access. Each
required common open space area shall be appropriately graded, turfed,
surfaced, or otherwise landscaped and provided with suitable drainage
38
ORDINANCE NO. 509-H
facilities. Pedestrian ways and swimming pools may be included as part of
the required open space areas having the required minimum width, but
off-street parking areas, service drives, and detention facilities may not be
included in such areas. The Commission and the Council may allow the
development of a larger common open space area if it finds that it would
better serve the needs of the area.
Maximum density shall not exceed seven (7) dwelling units per acre. There shall
not be a minimum lot size or width.
CHAPTER 9. R-4 SINGLE FAMILY DWELLING DISTRICT
Section 9.1. Purpose of District.
The R-4 dwelling district is intended to permit maximum density single family dwelling units
and appropriate open space. The R-4 dwelling district shall be located to provide a buffer
between Iow density single family residences and less restrictive residences and business
related districts.
Section 9.2. Permitted Use.
a. Patio Homes.
b. See Table III.
Section 9.3. R-4 Planned Unit Development Uses.
Town Houses and Condominium.
Section 9.4. General Conditions.
1. Area requirements:
Minimum gross site area. Every development in the R-4 single family
development district should have a minimum gross site area of at least
25,000 square feet.
b. Minimum lot width. Every lot within this zoning district should be as follows:
(1) Patio homes: 50 feet in width.
ORDINANCE NO. 509-H
Minimum lot size. Each lot within this zoning district shall be a minimum area
of:
(1) Patio homes: 5,000 square feet.
No more than 60% of the total lot area shall be covered by buildings.
Yard (setback) requirements: Every lot within this district shall have front yards of
at least 20 feet and rear yards of at least 10 feet.
Interior lot: There shall be required building separations a minimum of 15 feet. This
shall allow for zero lot line on one side.
Corner lot: There shall be a minimum yard of at least twenty feet (20') adjacent to
the side street of a corner lot. If the recorded plat indicates corner lots will be
restricted to front entry only, there shall be a minimum yard of at least fifteen feet
(15') adjacent to the side street of a corner lot when the corner lot backs up to an
abutting side yard and ten feet (10') adjacent to the side street of a corner lot when
the corner lot backs up to an abutting rear yard.
3. Height restrictions: No building shall exceed 35 feet in height.
Accessory buildings: Accessory buildings shall be permitted in the rear yards,
provided, however, that no structure shall be allowed on any dedicated easement.
Common areas - management and maintenance: For any land or facilities to be
used in common by residents of the development, there shall be provisions made
for the establishment of a property owners association to manage and maintain
such common facilities.
In all areas where patio homes or townhouses/condominiums are developed, there shall be
at least 900 square feet of common open space areas per dwelling unit. The minimum
area of any common open space shall be 6,000 square feet. Each common open space
area shall be within 300 feet of all dwelling units to be intended to serve measured along a
route of pedestrian access. Each required common open space area 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
included as part of the required open space having the required minimum width. Off-street
parking areas, service drives, and detention facilities are not included as part of such
areas.
40
ORDINANCE NO. 509-H
Section 9.5. Planned Unit Development Regulations.
1. R-4, PUD shall be subject to R-3 general conditions except for the following R-4
general conditions as specifically imposed by the site plan or ordinance adopting
such site plan.
a. Minimum lot size: Townhouse/Condominiums - 3,000 square feet.
b. Minimum lot width: Townhouse/Condominiums - 30 feet.
c. Maximum lot coverage of 70% if underground or multi-level parking is
provided.
2. Maximum density in this district shall not exceed eleven (11) dwelling units per acre.
CHAPTER 10. MF, MULTI-FAMILY
Section 10.1. Purpose of District.
The MF dwelling district is intended to permit high density multi- family dwelling units. This
district may be combined with PUD Planned Unit Development District to provide for a
grouping of dwelling units to achieve larger open space areas and community recreational
areas and to provide for combining residential with certain commercial and office uses
which may be compatible with such multi-family uses through use of an approved site plan.
Section 10.2. Permitted Use. See Table II1.
Section '10.3. MF Planned Unit Development Uses.
The following uses shall be allowed in addition to the regular permitted MF uses.
a. Hospitals, convalescent homes.
b. Private clubs.
c. Recreational space/facilities.
41
ORDINANCE NO. 509-H
Section 10.4. General Conditions.
Area Requirements:
Minimum site area: Every residential lot within the zoning district shall be at least
sixty-five thousand (65,000) square feet in area, and every nonresidential lot shall
be at least twenty thousand (20,000) square feet.
Minimum site width: Every site within this zoning district shall be at least one
hundred twenty-five (125) feet in width, measured at the front building line.
Maximum site coverage: No more than forty (40) per cent of the total site area
shall be covered by buildings.
Building area ratio: There shall be at least two thousand seven hundred fifty
(2,750) square feet of site area for each multi- family or apartment dwelling unit. All
other residential uses shall meet lot size requirements set forth in the R-3 Dwelling
District.
No more than twenty-five (25) percent of the total apartment complex shall be
efficiencies.
Yard (setback) requirements: Every site within this district shall have front and
rear yards of at least twenty-five (25) feet.
Such site shall have minimum side yards of at least ten (10) feet for one-story
buildings and an additional five (5) feet for each story thereafter.
Every part of a required yard or court shall be maintained as open space, provided
that ordinary projections may extend into a minimum side yard or court not more
than twenty-four (24) inches.
Fences and screening: Fences and screening shall be provided and maintained as
set forth in Section 23.
h. Parking: Parking as required in Section 21 shall be provided.
Accessory buildings: Accessory buildings, including garages, tool sheds, and
greenhouses shall be permitted behind the front building line, provided, however,
that no structure shall be allowed in any dedicated easement.
42
ORDINANCE NO. 509-H
j. Access: Refer to the Engineering Design Criteria Manual.
Refuse containers: All refuse and refuse containers shall be screened from view
of adjacent public streets.
Landscaped open area: In addition to paved parking and driving areas, service
walks and other service areas at least ten (10) percent of the site shall be
maintained in landscaped open area.
Common recreational area: In all areas where Multi-Family Dwelling units are
constructed, there shall be at least 600 square feet of common recreational space
per dwelling unit. The minimum area of any common recreational space shall be
6,000 square feet. Each common recreational area shall be within 300 feet of all
dwelling units it is intended to serve measured along a route of pedestrian access.
Each required common recreational area 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 included as part of
the required recreational space. Off-street parking areas and service drives are not
included.
Section '10.5. Planned Unit Development Regulations.
MF PUD uses shall be subject to MF general conditions and the general requirements of
the planned unit development section, except for the following MF general conditions, or
as specifically imposed by the site plan or ordinance adopting such site plan.
a. Maximum site coverage 70%, including parking and driveways.
Maximum density shall not exceed 19.36 dwelling units per acre. Building Site Ratio
- 2250 square feet per dwelling unit.
CHAPTER 11. MH MOBILE HOME PARK DISTRICT
Section 11.1. Purpose of District.
The Mobile Home Park District is intended to provide basic and uniform regulations and
performance objectives to establish reasonable standards and safeguards to insure the
safety, health and welfare of the occupants and users of Mobile Home Parks. These
requirements shall be used in conjunction with the other mobile home regulations as set in
Chapter 17 of the Pearland Code of Ordinances.
43
ORDINANCE NO, 509-H
Section 11.2. Permitted Uses. See Table II1.
Section 11.3. General Conditions.
1. Area Requirements:
(a)
Minimum site area - Every site within this zoning district shall be at least
three (3) acres.
(b)
Minimum site width - Every site within this zoning district shall be at least one
hundred fifty (150) feet in width at all points.
(c)
Maximum coverage - No more than 30% of the total site area shall be
covered by buildings or mobile homes.
(d)
Minimum site depth - Every site within this zoning district shall be at least two
hundred fifty (250) feet in depth.
(e)
Minimum lot width - Every lot within this zoning district shall have a minimum
width of sixty (60) feet.
(f)
Minimum lot depth ~ Every lot within this zoning district shall have a minimum
depth of one hundred (100) feet.
(g)
Minimum lot area - Every lot within this zoning district shall have a minimum
area of six thousand (6,000) square feet.
2. Minimum dwelling unit size: Every dwelling unit in this district shall have a floor
area of at least 600 square feet.
3. Yard (setback) requirements:
(a)
Every lot in this district shall have a front and rear yard of at least
ten (10) feet measured from the lot line, and side yards of five (5) feet with
fifteen (15) foot aggregate.
4. Site requirements:
(a)
Landscaped Open Area - In addition to paved parking and driving areas,
service walks and other service areas at least five (5) percent of the site shall
be maintained in landscaped open area.
44
ORDINANCE NO. 509-H
=
6.
7.
8.
=
11.
12,
(b)
Street Right-of-Way - All streets within the site shall have a 60 foot minimum
right-of-way, with a 38 foot pavement width back-to-back, to provide sufficient
access for oversized vehicles.
Height restrictions: No building shall exceed thirty-five (35) feet in height.
Fences: Subject to the previsions of Section 23.
Parking: Each mobile home lot will be provided with two off-street parking spaces.
Accessory buildings:
(a)
There shall be storage facilities which shall not be within any required yard
with a minimum capacity of two hundred (200) cubic feet per mobile home
space. These shall be provided for each space or in compounds located
within one hundred (100) feet of each space. Wherever provided, storage
facilities shall be constructed of non- combustible materials.
(b)
Additional accessory buildings, including office for the park, community
facilities, house for owner or manager, not exceeding 10% of the lot area
shall be permitted behind any building line, provided, however, such
accessory buildings shall be solely for the convenience and necessity of the
inhabitants of the park.
Access: Refer to the Engineering Design Criteria Manual.
Refuse containers: All refuse and refuse containers shall be screened from view
of public streets adjacent to the property, unless they are permanent fixtures
aesthetically designed for visible locations.
Landscaped open area: In addition to paved parking and driving areas, service
walks and other service areas, at least 10% of the lot shall be maintained in
landscaped open area.
Recreation space: There shall be at least 600 square feet of common area per
individual mobile home; the minimum area of any common recreational areas shall
be 6,000 square feet, and minimum width of any such area shall be eighty (80) feet.
Each required common recreation area shall be within 300 feet of all the mobile
homes it is intended to serve, measured along a route of pedestrian access. Each
45
ORDINANCE NO. 509-H
required common recreation area shall be appropriately graded, turfed, or otherwise
landscaped, and provided with suitable drainage facilities.
13. Other regulations: The development shall conform with all applicable provisions of
the Mobile Home Ordinance No. 179 (and subsequent amendments) of the City of
Pearland and all other applicable City and State Regulations.
Section 11.4. Special Requirements.
1. Mobile Home Space Improvements.
(a) Paving - All wheels of structural supports shall be placed on an approved
foundation as set forth by the Building Inspection Department.
(b) Sanitary Facilities - Each mobile home space shall contain underground
water and sewer connections to the City system.
(c) Anchoring Devices - Each mobile home space shall be provided with
tie-down anchors as provided by State and Federal Regulations.
(d) Utilities - Ail utility service shall be underground.
Section 1'1.5. Planned Unit Development Regulations.
1. MH PUD shall be subject to the following exceptions to general conditions:
(a) Minimum lot size - 5,000 square feet.
(b) Minimum lot width - 50 feet.
(c) Minimum open space - Required landscaped open areas may be grouped to
provide a more feasible utilization of the property.
CHAPTER '12. VILLAGE DISTRICT
Reserved
46
ORDINANCE NO. 509-H
CHAPTER 13. OP OFFICE AND PROFESSIONAL DISTRICT
Section 13.1. Purpose of District.
The OP office district is intended to permit a wide variety of business, professional and
organization office needs of the community together with desirable associated uses. When
combined with the PUD planned unit development district, uses permitted in this district
may be grouped together with uses permitted in R-3, 1:{-4, MF or NS districts to provide for
a large area development plan to provide a wide variety of available service by lessening
traffic and associated problems.
Section 13.2. Permitted Uses. See Table III.
Section '!3.3. Planned Unit Development Uses.
The uses within this district may be combined with any permitted use in NS, MF, R-3, and
R-4 zoning.
Section 13.4. General Conditions.
1. Area requirements:
(a) Minimum lot size. Every lot within the zoning district shall be at least 12,500
square feet in area.
(b) Minimum lot width. Every lot within this zoning district shall be at least one
hundred (100) feet in width measured at the front building line.
(c) Minimum lot depth. Every lot within this zoning district shall be at least one
hundred (100) feet in depth.
2. Outdoor activities or uses: No outdoor commercial activities or uses shall be
permitted in the OP office district other than mobile refreshment stands, accessory
parking and loading and the placement and servicing of refuse containers for
permitted uses. Passive recreational uses including, but not limited to sitting,
walking and eating are also permitted.
3. Building line: Every lot within the district shall have a front building line of at least
twenty-five (25) feet and side and rear building lines of at least ten (10) feet,
provided, however, if side and rear building lines do not abut I:{-1, R-2, R-3, 1:{-4, MF
zones or streets, such side and rear building lines may be eliminated.
47
ORDINANCE NO. 509-H
Fences and screening: Fences and screening shall be required between all
residential and non-residential uses, as provided in Section 23.
Parking and loading: Parking and loading shall be subject to general require-
ments as set forth in Section 21 and Tables IV, V, and VI.
Refuse facilities: All refuse and refuse containers shall be screened from view of
all public streets, unless permanent fixtures, aesthetically designed for visible
locations.
Access: Refer to the Engineering Design Criteria Manual.
Landscaped open area: In addition to paved parking and driving areas, service
walks and other service areas, at least 10% of the lot shall be maintained in
landscaped open area.
Section '13.5.
1.
Planned Unit Development Regulations.
OP PUD uses shall be subject to OP general conditions, provided, however, the
following OP general conditions shall not apply except as specifically imposed by
the site plan or ordinance adopting such site plan.
(a) Minimum lot size.
(b) Minimum lot width.
(c) Yard requirements.
(d) Height.
(e) Access.
When R-3, R-4, or MF uses are to be combined with any other use in this PUD
zone, the R-3, R-4 and MF maximum building density shall apply to this zone.
48
ORDINANCE NO. 509-H
CHAPTER 14. NS NEIGHBORHOOD SERVICE DISTRICT
Section 14.1. Purpose of District.
The Neighborhood Service District 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. When combined with the PUD planned unit development district, less restrictive
uses may be grouped together with uses permitted in this district to provide a wider variety
of neighborhood services.
Section 14.2.
Section 14.3.
1.
Permitted Uses. See Table III.
NS Planned Unit Development.
The uses within this district may be combined with any permitted use in the R-3,
R-4, MF and OP zoning district to provide a wide variety of neighborhood services.
Retail sales of gasoline as a secondary use.
Section 14.4. General Conditions.
1. Area requirements:
(a)
(b)
(c)
Minimum lot size. Every lot within the zoning district shall be at least
12,500 square feet in area.
Minimum lot width. Every lot within this zoning district shall be at least one
hundred (100) feet in width, measured at the front building line.
Minimum lot depth. Every lot within the zoning district shall be at least one
hundred (100) feet in depth.
Outdoor activities and uses: No outdoor commercial activities or uses shall be
permitted in the neighborhood service district other than mobile refreshment stands,
accessory parking and loading and the placement and servicing of refuse containers
for permitted uses. Passive recreational uses are also permitted.
49
ORDINANCE NO. 509-H
=
Building line: Every lot within this district shall have front building line of at least
twenty-five (25) feet, side building lines of at least fifteen (15) feet, provided,
however, if side building lines do not abut R-l, R-2, R-3, R-4, or, MF zones, such
side building lines may be eliminated.
Screening and fencing: Screening and fencing shall be provided and maintained
as set forth in Section 23.
Parking and loading: Parking and loading shall be subject to the general
requirements of Section 21 and Tables IV, V, and VI.
6=
Refuse containers: All refuse and refuse containers shall be screened from view
of all public streets, unless they are permanent fixtures aesthetically designed for
visible locations.
7. Access: Refer to the Engineering Design Criteria Manual.
Section 14.5. Planned Unit Development Regulations.
In an NS PUD district, subject to site plan provisions, the following NS controls shall
not apply except as specifically imposed by the site plan or ordinance adopting such
site plan:
(a) Minimum lot size.
(b)
Minimum lot width.
(c) Yard requirements.
(d) Access.
When R-3, R-4 or MF uses are to be combined with any other use in this PUD zone,
the R-3, R-4 and MF maximum building density shall apply to this zone.
50
ORDINANCE NO. 509-H
CHAPTER 15. GB GENERAL BUSINESS (RETAIL)
Section 15.1, Purpose of District.
The general business district 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.
Additional outdoor display of merchandise may be allowed by Specific Use Permit. When
combined with the PUD planned unit development district, uses permitted in other districts
may be grouped with uses permitted in this district to create large area developments of
compatible and mutually supportive activities.
Section 15.2. Permitted Uses. See Table III.
Section 15.3. Planned Unit Development Uses.
The following uses shall be allowed in addition to the regular permitted GB uses:
1. NS.
2. Commercial.
3. OP permitted uses.
Section 15.4. General Conditions.
1. Area requirements:
(a)
Every lot within this zoning district shall be at least 22,500 square feet in
area.
(b)
Minimum lot width. Every lot within this zoning district shall be at least one
hundred fifty (150) feet in width, measured at the front building line.
(c)
Minimum lot depth. Every lot within this zoning district shall be at least one
hundred twenty-five (125)feet in depth.
Outdoor activities and uses: In connection with any permitted use, there shall be
allowed the incidental display of merchandise out of doors subject to the following
limitations:
51
ORDINANCE NO. 509-H
=
=
(a)
Except as provided below, 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
(10) feet, and shall 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.
(b)
On any property in the general business district, the temporary sale of
Christmas trees and other forms of decorative plant materials associated
with celebration of religious events shall be permitted for a period of forty-five
(45) days prior to the day of religious celebration. The Enforcing Officer shall
issue a permit for such sale when he finds:
¢)
That there is an adequate off-street parking area, approved by the
City; and
(2)
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.
Yard (setback) requirements: Every lot within this district shall have front and rear
yards of twenty-five (25) feet and a side yard of twenty-five (25) feet on any side
adjoining on R-l, R-2, R-3, R-4, MF or street districts; otherwise side yards shall be
either zero or at least ten (10) feet.
Screening and fencing shall be provided and maintained as set forth in Section 23.
Parking and loading: Parking and loading shall be subject to the general
requirements of Section 21 and Table IV, V, and VI.
Refuse containers: All refuse and refuse containers shall be screened from view
of all public streets, unless permanent fixtures, aesthetically designed for visible
locations.
Access: Refer to the Engineering Design Criteria Manual.
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ORDINANCE NO. 509-H
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 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.
Section 15.5. Planned Unit Development Regulations.
In a GB PUD district, subject to site plan provisions, the following GB controls shall
not apply except as specifically imposed by the site plan or ordinance adopting such
site plans:
(a) Minimum lot size.
(b) Minimum lot width.
(c)
Yard requirements, provided, however, there shall in all cases be an exterior
yard of at least twenty-five (25) feet.
(d) Height.
(e) Access.
(f) Lot coverage, but only if underground or multi-level parking is provided.
CHAPTER 16. C COMMERCIAL DISTRICT
Section 16.1. Purpose of District.
The commercial district is intended to permit a wide variety of businesses characterized by
those uses that require an extensive amount of land for the conduct of business. When
combined with the PUD district, uses permitted in the GB General Business district may be
grouped with uses permitted in this district to provide for a wide variety of commercial
activity.
Section 16.2. Permitted Uses. See Table III.
Section 16.3. C Planned Unit Development Uses.
1. All C permitted uses.
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ORDINANCE NO. 509-H
2. All GB permitted uses.
Section 16.4. General Conditions.
=
=
Area requirements:
(a)
Minimum lot size. Every lot within the zoning district shall be at least
22,500 square feet in area.
(b)
Minimum lot width. Every lot within this zoning district shall be at least
one hundred fifty (150) feet in width, measured at the front building line.
(c)
Minimum lot depth. Every lot within this zoning district shall be at least
one hundred twenty-five (125) feet in depth.
Outdoor activities and uses: Out of doors display, storage and sale of
merchandise, equipment and vehicles shall be permitted provided the commercial
zoninq district is not adjacent to a residential zoned property. City Council
approval of a Specific Use Permit (in accordance with Section 25) authorizing
said outdoor activities and uses is required for commercial zoning districts
adjacent to residential zoned property.
Yard (setback) requirements: Every lot within this district shall have a front yard
of at least twenty-five (25) feet, a rear yard of at least twenty-five (25) feet and no
side yard shall be required unless such district is adjacent to any other district or
public street in which case there shall be a side yard of at least twenty-five (25) feet.
Screening and fencing: Screening and fencing shall be provided subject to the
general requirements set forth in Section 23 of this Ordinance.
Parking and loading: Parking and loading shall be subject to the general require-
ments of Section 21 and Tables IV, V, and VI.
Refuse containers: All refuse containers shall be located behind the front building
line (shall be screened from public view) and shall not be located in any required
yard unless they are permanent fixtures aesthetically designed for visible locations.
7. Access: Refer to the Engineering Design Criteria Manual.
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ORDINANCE NO. 509-H
Section 16.5. Planned Unit Development Regulations.
In a C PUD district, subject to site plan provisions, the following C controls shall not apply
except as specifically imposed by the site plan or ordinance adopting such site plan.
(a) Minimum lot size.
(b) Minimum lot width.
(c) Height.
(d) Access.
(e) Lot coverage, but only if underground or multi-level parking is provided.
Section 17.1.
The
CHAPTER 17.
Purpose of District.
M-1 LIGHT INDUSTRIAL
Light Industrial District is intended to permit a wide range of light industrial,
manufacturing, wholesale and service type uses. When combined with the PUD Planned
Unit Development District, site planning may be substituted for certain conditions in order
to afford greater flexibility without sacrificing necessary controls.
Section 17.2. Permitted Uses. See Table II1.
Section 17.3. Planned Unit Development Uses.
1. Industrial Parks.
2. Industrial Parks containing M-l, M-2, C, GB, and OP uses.
Section 17.4. General Conditions.
1. Area requirements:
(a) Minimum lot size: Every lot within the zoning district shall be at least 40,000
square feet in area.
(b) Minimum lot width: Every lot within this zoning district shall be at least one
hundred fifty (150) feet in width measured at the front building line.
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ORDINANCE NO. 509-H
Section 17.5.
1.
(c) Lot depth: Every lot within this zoning district shall be at least one hundred
fifty (150) feet in depth.
Yard (setback) requirements:
(a) Front yard setback: Every lot within this district shall have a front yard
setback of at least thirty-five (35) feet.
(b) Side yard setback: Every lot within this district shall have a side yard of at
least twenty-five (25) feet on each side.
(¢) Rear yard setback: Every lot within this district shall have a rear yard of at
least twenty-five (25) feet.
Fences and screening: Subject to requirements set forth in Section 23.
Parking: Parking as required in Section 21 and Tables IV, V, and VI shall be
provided in an area behind the front property line.
Access: Refer to the Engineering Design Criteria Manual.
Special Conditions.
At least 10% of the lot shall be maintained in permanent landscaped open area. All
landscaping shall be properly maintained throughout the life of any use on the lot.
Along the common lot line of a lot adjoining any other district, there shall be a
minimum of a ten (10) foot wide strip of landscaped open area.
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ORDINANCE NO. 509-H
No materials storage, including but not limited to waste materials, raw materials,
construction materials, and salvaged materials or finished product storage shall be
permitted unless screened by a solid wall or fence not less than eight (8) feet in
height at the building line. City Council approval of a Specific Use Permit (in
accordance with Section 25) authorizin.q said materials storaqe or finished
product storage and uses is required for industrial zoninq districts adjacent to
residential zoned property.
Section 17.6. 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.
2. Performance standards regulations:
(a)
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.
(b)
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.
(c)
All industry will comply with any appropriate federal and/or state standard as
well as any others specified by this Ordinance.
Section 17.7. Planned Unit Development Regulations.
In an M-1 PUD district, subject to site plan provisions, the following M-1 controls shall not
apply except as specifically imposed by the site plan or ordinance adopting such site plan:
(a) Minimum lot size.
(b) Minimum lot width.
(c) Height.
(d) Access.
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ORDINANCE NO. 509-H
CHAPTER 18. M-2 HEAVY INDUSTRIAL DISTRICT
Section 18.1. Purpose of District.
The Heavy Industrial District is intended to permit any manufacturing, assembly,
processing, storage and/or distribution, sale and repair incidental to industrial use allowed
by law, except for those listed below which must receive approval by the City Council in
accordance with the procedure established in Section 23, and thus approved, may only be
located in the M-2 District. Residential uses are prohibited in this district, but existing
residential uses may continue as nonconforming uses.
Uses requiring City Council approval:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Animal slaughtering or poultry processes.
Acid manufacture.
Ammonia manufacture.
Carbon Black manufacture.
Cement, lime, gypsum or plaster of paris manufacture.
Manufacture of chlorine or other toxic gases.
Explosives manufacture and/or storage.
Glue or fertilizer manufacture.
Petroleum or petroleum product extraction, refining, manufacture, or bulk storage.
Petrochemical plant.
Rendering plant.
Tanning, curing, treating, or storage of skins or hides.
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ORDINANCE NO. 509-H
(13)
Any use which, due to the possible emission of excessive smoke, noise, gas,
fumes, dust, odor or vibration or danger of explosion or fire presently or in the
future, is determined to be a hazard by the Enforcing Officer or objectionable or
incompatible and subject to special control of specific projects.
(14) Dumps and landfills.
Section 18.2. Planned Unit Development Uses.
1.
Industrial Parks.
2. Industrial Parks containing M-l, M-2, C, GB and OP uses. In addition, a buffer or
transition zone is recommended to isolate the adverse impact of the M-2 District
from other, more restricted districts.
Section 18.3, General Conditions.
General conditions for M-2 District shall be the same as those for M-1 District.
Section 18.4. Special Conditions,
Special conditions for M-2 District shall be the same as those for M-1 District.
Section 18.5. Performance Standards.
Performance standards for M-2 District shall be the same as those for M-1 District.
CHAPTER '19. PUD PLANNED UNIT DEVELOPMENT
Section 19,1, Purpose of District,
The PUD district is intended to be used in conjunction with other zoning districts to permit
greater flexibility and permit more creativity and imaginative design. It is further intended to
promote more economical and efficient use of the land while providing a harmonious
variety of housing choices, a higher level of urban amenities, and preservation of natural
scenic qualities of open spaces.
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ORDINANCE NO. 509-H
Section 19.2. Coordination With Subdivision Ordinance.
It is the intention of this Ordinance that subdivision review under the subdivision review
ordinance be carried out concurrently with the review of the PUD under this section of the
Zoning Ordinance.
The development plans submitted must be submitted in a form which will satisfy the
requirements of the Subdivision Ordinance, the Zoning Ordinance and final plats.
The requirements of both this section and those of the Subdivision Ordinance shall apply to
all PUDs.
Section 19.3. General Regulations.
Area requirements: The PUD district shall have at least three (3) acres for a
nonresidential purpose or at least five (5) acres in use for residential purposes. The
fact that such property may be platted into smaller lots shall not relieve the owner
thereof of such area minimums.
Maximum coverage: Unless limited to a lower percentage by the base district, no
more than 70% of a lot shall be covered by primary or accessory buildings.
Yard (setback) requirements: In PUD districts which include residential uses, the
applicable yard requirements for the residential uses apply only to the residential
areas within the site.
Section 19.4. Outline of Procedure.
Preapplication Conference
Participants: Planning Commission
City Managedor Designate
Applicant
Other Applicable City Staff
Goals: To explain PUD process to Applicant, and to allow Applicant to
present concepts and receive informal comments. Comments made at this
time are intended only to assist Applicant and are not legally binding.
Documents required from Applicant: Preliminary plans and sketches,
existing site information.
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ORDINANCE NO. 509-H
II. Application/Preliminary Development Plan
A=
Participants: Planning Commission
Applicant
Professional Consultants (i.e., Design Specialists) as required.
Goals: To present Planning Commission with more detailed formal
application for proposed PUD. To allow Applicant to receive formal
comments on this application.
Formal Application: Applicant submits formal application for PUD/Zone
Change to Planning Commission. Minimum required information for the
preliminary development plan is as follows:
(1) Written Documents
(a)
A legal description of the total site proposed for development,
including a statement of present and proposed ownership and
present and proposed zoning.
(b)
A statement of planning objectives to be achieved by the PUD
through the particular approach proposed by the applicant.
This statement should include a description of the character of
the proposed development and the rationale behind the
assumptions and choices made by the applicant.
(c)
A development schedule indicating the approximate date when
construction of the PUD or stages of the PUD can be expected
to begin and be completed.
(d)
A statement of the applicant's intentions with regard to the
future selling or leasing of all or portions of the PUD, such as
land areas, dwelling units, etc.
(e)
Quantitative data for the following: total number and type of
dwelling units; proposed lot coverage of buildings and
structures; approximate gross and net residential densities;
total amount of open space (including a separate figure for
usable open space); total amount of nonresidential construc-
tion (including a separate figure for commercial or institutional
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ORDINANCE NO. 509-H
facilities); economic feasibility studies or market analysis where
necessary; and other studies as required by the review
authority.
(2) Site Plan and Supporting Maps
A site plan and any maps necessary to show the major details of the
proposed PUD must contain the following minimum information:
(a)
The existing site conditions including contours at 0.5 foot
intervals, water course, flood plains, unique natural features,
and forest cover.
(b) Proposed lot lines and plot designs.
(c)
The location and floor area size of all existing and proposed
buildings, structures, and other improvements including
maximum heights, types of dwelling units, density per type,
and nonresidential structures, including commercial facilities.
Preliminary evaluations and/or architectural renderings of
typical structures and improvements. Such drawings should
be sufficient to relay the basic architectural intent of the
proposed improvements.
(d)
The location and size in acres or square feet of all areas to be
conveyed, dedicated, or reserved as common open spaces,
public parks, recreational area, school site, and similar public
and semipublic uses.
(e)
The existing and proposed circulation system of arterial,
collector, and local streets including off-street parking areas,
service areas, loading areas, and major points of access to
public rights-of-way (including major points of ingress and
egress to the development). Notations of proposed ownership,
public or private, should be included where appropriate.
(f)
The existing and proposed pedestrian circulation system,
including its interrelationships with the vehicular circulation
system, indicating proposed treatments of points of conflicts.
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ORDINANCE NO. 509-H
(g)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone
lines in schematic form.
(h)
A general landscape plan indicating the treatment and
materials used for private and common open spaces in general
schematic form.
(i)
The proposed treatment of the perimeter of the PUD, including
materials and techniques used such as screens, fences and
walls.
(J)
Any additional information as required by the review authority
necessary to evaluate the character and impact of the
proposed PUD.
III. Public Hearing.
Participants: Planning Commission
City Manager/or Designate
Applicant
Citizens
Goals: To allow citizens to formally voice comments and suggestions in
regard to proposed PUD. To let Planning officials and developers become
aware of citizens concerns.
IV. Planning Commission Decision.
Formal approval, disapproval, or approval contingent on required modifications.
Process then continues in accordance with zoning change procedures as outlines in
the City Charter.
V. Final Development Plan.
Participants: Planning Commission
City Managedor Designate
Applicant
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ORDINANCE NO. 509-H
Goals: To formalize design specifics. To review new items and
modifications. To insure conformance to PUD regulations. To insure Final
Development Plan does not differ substantially from Preliminary Develop-
ment Plan.
C. Final Development Plan Submission:
Formal submission by Applicant to Planning Commission.
All changes and modifications from Preliminary Development Plan shall be
noted.
VI. Planning Commission Decision:
Formal approval, disapproval.
Applicant must secure title to property of application described before final approval.
CHAPTER 20. FW - FLOODWAY DISTRICT
Section 20.1. Purpose of District.
The Floodway District is intended to minimize hazards to life and property from flooding
and to control and minimize the extent of flooding by regulating the uses and restricting the
development of floodways of water courses shown to be subject to Periodic flooding and to
preserve the locations, character and extent of natural drainage courses. The FW District
is intended to be used in conjunction with other districts to assure compliance with FEMA
Regulations. In addition, the FW District will control only that development of floodway
areas which:
1)
Are appropriate in the light of the probability of flood damage and the need to
reduce flood losses,
2)
Represent an acceptable social and economical use of the land in relation to
the hazards involved,
3) Does not increase the danger to human life.
It may be used in conjunction with other districts to provide the highest and best utilization
of property in a floodway.
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ORDINANCE NO. 509-H
The boundaries of any floodway district will be indicated on the official floodway map for the City,
which map is on file in the offices of the Texas Water Commission. The local repository of said
map is the office of the City Secretary of this City. The rules and regulations governing the use
and occupancy of the floodway district shall be on file at the office of the City Secretary of this
City, the offices of the Houston-Galveston Area Council, the offices of the Texas Water
Commission, and Federal Emergency Management Agency, Region VI.
Section 20.2. Permitted Uses.
The following uses are permitted within the FW-Floodway District subject only to the
general conditions of this section and other sections specifically referred to:
1. Agricultural and Horticultural Uses.
2. Parks and Playgrounds.
3. Flood Control Structures.
4. Lawns, Gardens and Open Space.
5. Camping and Picnicking Areas.
6. Golf Courses, Golf Driving Ranges and Miniature Golf Courses.
7. Canoe, Paddle boat, Rowboat Rentals.
Section 20.3. General Conditions.
Area Requirements: The area of all FW-Floodway Districts shall be the
boundaries of the floodway as shown on the FIRM map or a hydrological study
approved by FEMA. The floodway boundaries shall be defined by mean sea level
elevations.
Non-Conforming Uses: Existing buildings located in a Floodway District at the
time of adoption of this Ordinance may be enlarged, modified, remodeled, or
substantially improved provided: that such building be modified or anchored to
prevent floatation, collapse or lateral movement of the structure; that utility
equipment be modified to be resistant to flood damage; and that the following
methods and practices be applied to the maximum possible extent:
(a)
Thermal insulation used below the first floor level shall be of a type that does
not absorb water.
65
ORDINANCE NO. 509-H
(b) Adhesives shall have a bonding strength that is unaffected by inundation.
(c)
Doors and all wood trims shall be sealed with a waterproof paint or similar
product.
(d)
Water heaters, furnaces, electrical distribution panels and other critical
mechanical or electrical installations shall be prohibited below the minimum
elevation requirement. Separate electrical circuits shall serve lower levels
and shall be dropped from above.
(e)
Plywood used at or below the first floor level shall be of an "exterior" or
"marine" grade and of water-resistant or waterproof variety.
(f)
Wood flooring used at or below the first floor level shall be installed to
accommodate a lateral expansion of the flooring, perpendicular to the
flooring grain, without incurring structural damage to the building.
(g)
Basement ceilings shall have sufficient wet strength and be so installed as to
survive inundation.
(h)
Paints or other finishes used at or below the first floor level shall be capable
of surviving inundation.
(i)
All air ducts, large pipes and storage tanks located at or below the first floor
level shall be firmly anchored to prevent floatation. Tanks shall be vented at
a location above the 100 year flood level.
(J)
Any construction within the floodway shall not have an adverse impact on
flow of water in floodway.
Section 20.4. Development Regulations.
Property within this district shall not be used except for permitted uses and then
shall only be improved in accordance with a plan approved by the Public Works
Department showing no reduction in total 100 year flood water storage capacity and
no obstruction will be permitted in the floodway of a 100 year flood unless
accompanied by excavation of the stream channel necessary to maintain the same
water surface elevation of the flood.
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ORDINANCE NO. 509-H
=
Property in this district shall not be considered for rezoning unless a plan for
development of the land in accordance with the following standards is submitted
with the application for rezoning, which plan shall continue to govern development
after such zone change:
(a)
There shall be no reduction of water storage capacity below the 100 year
frequency flood level.
(b)
There shall be no reduction of flow capacity of channels below the 100 year
frequency flood level.
(c)
Residential structures shall have the lowest floor one foot or higher than the
water surface elevation at that point of a flood for a 100 year storm, as
officially provided by the Federal Insurance Administration for administration
of the National Flood Insurance program in Brazoria County, Texas.
(d)
Non-residential structures shall have the lowest floor one foot or more higher
than the water surface elevation at that point of a flood for a 100 year storm,
as officially provided by the Federal Insurance Administration for
administration of the National Flood Insurance Program of Brazoria County,
Texas, or, together with attendant utility and sanitary facilities, be
flood-proofed up to or higher than such elevation.
CHAPTER 21. MINIMUM PARKING AND LOADING REQUIREMENTS
Section 21.1. Purpose.
It is the purpose of this section to establish the guidelines for off-street parking spaces
consistent with the proposed land use to:
(a) Reduce the occurrence of on-street parking throughout the City.
(b)
Avoid the traffic congestion and public safety hazards caused by a failure to
provide such parking space.
(c)
Expedite the movement of traffic on public thoroughfares in a safe manner
and thus increasing the carrying capacity of the streets, reducing the amount
of land required for streets and the cost to both the property owner and the
City.
(d) Insure that provided parking facilities meet basic requirements.
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ORDINANCE NO. 509-H
Section 21.2. Off-Street Parking Spaces Required.
In all districts, for all uses, there shall be provided at the time any building or structure is
erected or enlarged or increased in capacity, or at any time any other use is established,
off-street parking spaces for motor vehicles in accordance with the requirements specified
herein. Accessible parking spaces shall be provided in accordance with the Americans
With Disabilities Act (ADA).
Section 21.3. Parking for Existing Uses.
It is the intent of these regulations to prevent the reduction of existing off-street
parking and loading spaces to less than the minimum amounts that would be
required if the existing use of structure had been established or erected in full
compliance with the provisions herein.
No Certificate of Occupancy shall be issued, no use shall be established or
changed, and no structure shall be erected, enlarged or reconstructed unless the
off-street parking and loading spaces are provided in the minimum amount and
maintained in the manner specified in these regulations, provided, however:
(a)
For the enlargement of a structure or for the expansion of a use of structure
or land there shall be required only the number of off-street loading spaces
as would be required if such enlargement or expansion were a separate new
structure or use; and
(b)
For a change in the use of a structure or land, the number of off-street
parking and loading spaces required shall be equal to the number required
for the new use.
Section 2'1.4. General Requirements.
1. Measurements:
(a)
When units or measurements result in requirements of a fractional space,
any fraction shall require one (1) space.
(b)
Loading space shall not be considered to supply required off-street parking
space, nor shall required off-street parking spaces supply required off-street
loading space.
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ORDINANCE NO. 509-H
=
Non-Parking Uses:
(a)
Areas designated for off-street parking shall be used for passenger and
commercial vehicles.
(b)
Areas designated for off-street loading shall be used only for the loading and
unloading of passengers, equipment, supplies, or merchandise.
(c)
In all zoning categories parking and loading areas shall not be used for
refuse containers, for the repair, storage, dismantling or servicing of vehicles
or equipment, for the storage of materials or supplies, orfor any other use in
conflict with the designated parking and loading areas.
Access and Maneuvering:
(a) Refer to the Engineering Design Criteria Manual.
(b)
Except for single family or two-family dwelling units, parking and loading
areas shall be arranged so that vehicles shall not be required to back out of
the parking or loading spaces directly into a public way, including private
streets.
Space Standards:
(a)
A space ten (10) feet by eighteen (18) feet of floor/lot area with unobstructed
access to a public street shall be deemed to be parking space for one (1)
vehicle; such space when provided for other than a dwelling unit shall not be
required to be greater than nine (9) feet in width.
(b)
Table IV, attached hereto, is incorporated in and made part of these
regulations and shall be used in determining capacity of off-street parking
areas.
(c)
Unless otherwise specified, a space twelve (12) feet by thirty (30) feet of floor
or lot area with a clear height of fourteen (14) feet, and with unobstructed
access to a public street or private drive, shall be deemed to be loading
space for one vehicle.
ORDINANCE NO. 509-H
5. Pedestrian Lanes:
When the parking area is designed to accommodate more than 100 vehicles, and
where a majority of the parking spaces are not located next to a building walkway at
the perimeter of the building, there shall be provided separate, marked pedestrian
walkways to enable pedestrians to safely transit the parking area with minimum
hazard. Such walkways shall have a clear width of not less than four (4) feet
exclusive of vehicle overhang where head-in parking adjoins the walkways.
6. Alternative Landscaping for Parking:
On sites of one acre or more, when specifically requested by the owner, the
Enforcing Officer shall permit not more than 25 percent of required parking spaces
to be maintained in landscaped open space until the property owner desires to
increase the number of parking spaces or until 90 percent of the parking spaces are
observed occupied at any three (3) times during any consecutive sixty (60) day
period at which time the Enforcing Officer shall require construction of additional
parking spaces. Such additional spaces shall be constructed within six (6) months
of the date of written notice by the Enforcing Officer. All open space and required
landscaping requirements shall be based on the maximum required number of
parking spaces, rather than the reduced amount shown here.
Section 21.5. Development Standards.
The off-street parking or loading facilities required for the uses mentioned in these
regulations shall be on the same lot or parcel of land as the structure they are intended to
serve or on a lot or parcel of land abutting the lot they are intended to serve.
1. Paving and Drainage:
All off-street parking areas shall be paved with not less than five (5) inches of
reinforced Portland concrete or four (4) inches of hot-mixed asphaltic concrete with
a six (6) inch lime treated subbase to adequately provide an all-weather surface
unless otherwise approved by the Director of Public Works. Parking areas shall be
graded and drained in such manner that run-off shall be properly channeled into a
storm drain water course, ponding area, or other approved facility.
2. Curbs, Wheel stops and Islands.
Parking and loading spaces shall be provided with curbs, Wheel stops, or raised
islands so located that no part of the parked vehicle shall extend beyond the
property line, sidewalks, or into a designated pedestrian walkway.
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ORDINANCE NO. 509-H
3. Lighting.
Any light used to illuminate or identify a parking or loading area shall be placed so
as to reflect the light away from the adjacent dwellings and so as not to interfere
with traffic control devices.
4. Pavement Marking and Signing.
All pavement marking and signing shall be in conformance to the design
requirements as set forth in the Manual on Uniform Traffic Control Devices.
5. Maintenance Requirements.
To insure that all requirements set forth in this section are carried forward, it will be
the responsibility of the owner of the parking area to maintain the facility. All
off-street parking areas shall be kept free of trash, debris, vehicle repair operation or
display and advertising uses. At no time after initial approval of the parking area
layout can changes be made in the location and number of provided spaces without
approval of the City.
6. Visibility Triangle and Parkway Requirements.
Parking and loading areas shall be designed and constructed so as to prevent
intrusion into or use of the visibility triangle.
Section 21.6. Off-Street Loading Requirements.
There shall be provided, in connection with each allowable use, off-street loading facilities
in accordance with the following minimum requirements. The following off-street
merchandise and passenger loading spaces shall be permanently and clearly marked.
Each off-street merchandise loading space shall be no less than 12 feet by 30 feet, and
each off-street passenger loading space shall be no less than 10 feet by 22 feet with a
clear height of 12 feet.
1. Passenger and Merchandise Loading Space.
The amounts of marked off-street passenger and merchandise loading spaces shall
be required for the use classes as set forth in Table IV.
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ORDINANCE NO. 509-H
2. Loading Space for Emergency Vehicles.
There shall be provided within thirty (30) feet of the entrance to every building, with
a use relating to health care facilities, one permanently marked area not less than
thirty (30) feet in length and marked "Emergency Vehicles Only."
3. Parking Space for Disabled.
Disabled parking spaces as required by the Americans with Disabilities Act.
4. Fire Lane.
Fire lanes as required by the Fire Code shall be provided and clearly marked.
Section 21.7. Minimum Parking Area and Spaces.
The minimum required area for each parking space shall not be less than that established
by Table V. The minimum number of spaces for each class of use shall not be less than
that established by Table VI.
CHAPTER 22. LANDSCAPE AND BUILDING FACADE REGULATIONS
Section 22.1. Applicability to Districts.
The landscape requirements of this section shall be minimum standards for and be
applicable to the following districts, MF, MH, OP, NS, GB, C, PUD, M-l, M-2, and specific
uses as permitted by Section 23 hereof. The landscape requirements shall also apply
when:
there is an enlargement exceeding 1,000 square feet in area of the exterior
dimensions of an existing nonresidential or multi-family residential building for which
a building permit is required; or
(2)
there is an existing parking lot which is expanded in area to provide additional
parking spaces.
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ORDINANCE NO. 509-H
Section 22.2. Landscape Plan.
Prior to the construction and erection of a building or structure subject to the requirements
of this section, a landscape plan shall be submitted for consideration by the Planning and
Zoning Commission. A landscape plan shall also be submitted as part of a Planned Unit
Development District. The landscape plan shall contain as a minimum the following
information:
(a)
A Conceptual Plan of the landscaping identifying general layout will be
required.
(b)
The Plans should contain dimensions and elevations, where appropriate, of
special structural elements such as building facades, walls, planters,
foundations, berms, walkways and irrigating systems.
(c)
Building outlines, parking areas and arrangements, fences and structural
features to be constructed on the site.
(d)
Landscape plans shall be prepared at a scale of 1" = 40' or larger scale and
on a sheet size of 24" x 36". The plan sheets shall contain a scale, north
arrow, name and address of the landscape architect, designer, or architect
and the site owner and/or developer. The plans shall also identify the
development and provide a brief description of the property and its location.
Section 22.3. Minimum Landscape Requirements.
Up to ten (10) percent of the entire area of the site not covered by buildings and not a part
of the right-of-way or dedicated public streets or three (3) percent of the gross area of the
site, whichever is greater, shall be required as landscaping to meet the requirements of this
section.
(a)
The minimum landscape requirements shall be employed in accordance with
the Tree Preservation and Landscape Design Guidelines (Guidelines) made
a part hereof, to improve aesthetic appearance, to enhance the compatibility
of different land uses, and to mitigate negative environmental influences on
land uses (e. g. heat, noise, air pollution). Trees in Class I or II of the
Guidelines with a minimum two inch (2") caliper measured twelve inches
(12") from the ground shall be provided along street frontage(s) with the total
caliper inches equal to one inch (1") for each fifteen feet (15') of frontage.
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ORDINANCE NO. 509-H
(b)
Landscaping shall be required for the screening of parking areas from an
abutting public right-of-way or adjacent property, as required by the Planning
and Zoning Commission. Front yard parking areas and side yard parking
areas fronting on a street right of way shall be screened from the right-of-way
by a continuous hedge or berm. The side yard of any lot that contains a
parking area abutting a property used or zoned for a nonresidential use shall
provide a screen of hedges, berms, or fences so as to provide a screen for a
minimum of 25% of the length of the parking lot. The required side lot
screening may be grouped and dispersed randomly. Screening between
nonresidential and residential lots shall be provided in conformance with
Section 23. The minimum number of shrubs shall be equal to the total
caliper inches of street trees required under this article multiplied by five (5).
Shrubs and berms shall be maintained at a height of no more than thirty-six
inches (36") nor less than eighteen inches (18") as measured from the
surrounding soil line.
(c)
Interior landscaping shall be required by the Planning and Zoning
Commission to be integrated into the overall design of the surface parking
area in such a manner that it will assist in defining parking slots, pedestrian
paths, driveways, and internal collector lanes, in limiting points of ingress and
egress, and in separating parking pavement from street alignments. In
addition to street trees required under Section 22.3.(a), trees in Class I or II
of the Guidelines with a minimum two inch (2") caliper shall be provided
within or adjacent to the parking area. Each required tree shall be planted in
a landscaped area of at least 36 square feet with a minimum dimension of
six feet. Tree islands must be protected from vehicle intrusion by curbs or
similar structures. Two feet of the tree island may be counted as part of the
required depth of the abutting parking space. The total caliper inches shall
equal one inch (1") for each five (5) parking spaces.
Caliper inches of street and parking lot trees may be provided by planting a
combination of trees that exceed the minimum two inch (2") caliper.
Where intensity of site development makes planting all required trees
impractical, contributions to the Parks and Thoroughfares Landscaping Fund
(Fund) may provide up to fifty percent (50%) of total required caliper inches
of trees. A contribution rate per caliper inch shall be determined annually by
the City Council and proceeds from the Fund shall be expended solely for
the landscaping of public parks and thoroughfares.
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ORDINANCE NO. 509-H
(d)
Landscaping shall be required by the Planning and Zoning Commission to
screen outside storage areas, loading docks and delivery entrances from
adjacent property and public street right-of-way.
(e)
All landscaping shall be located so as not to interfere with the act of parking
or with parking area maintenance and so as not to create a traffic hazard by
obscuring driver or pedestrian vision of the intersections of walkways,
driveways, collector lanes and streets or any combination thereof.
(f)
Landscaping may be required by the Planning and Zoning Commission to
interrupt front building lines unbroken for a distance in excess of two hundred
(200) feet.
(g)
Existing trees of larger than ten (10)inches in caliper measured twelve (12)
inches from the ground shall be noted on the landscape plan. When
possible, existing trees should be included in the landscape plan.
Credit toward required caliper inches of street and parking lot trees may be
given by the Planning and Zoning Commission for the preservation of
existing on-site trees (including any to be transplanted) when requested and
depicted on the landscape plan. The Planning and Zoning Commission may
give credit of up to three caliper inches (3") for each caliper inch of on-site
trees preserved.
In order to be eligible for credit, an existing tree shall be in Class I through III
in the Guidelines, in good condition, and be true to species, habitat and form.
(h)
Artificial plants and trees shall not be considered in the satisfaction of the
requirements of this section.
Section 22.4. Maintenance.
The owner and tenant of the landscaped premises and their agents, if any, shall be jointly
and severally responsible for the maintenance of all landscaping in conformance with an
approved landscape plan in a good condition so as to present a healthy, neat and orderly
appearance, free from refuse and debris. Failure to maintain the landscaped premises,
after written notice allowing up to sixty days to bring the premises into conformance, shall
be grounds for the revocation of the Certificate of Occupancy by the Building Official.
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ORDINANCE NO. 509-H
Section 22.5. Landscape Construction.
Prior to the issuance of a Certificate of Occupancy all approved landscaping must be in
place, or if seasonal considerations prohibit the completion of the planting of landscape
material, a temporary Certificate of Occupancy may be issued for such time as is
reasonable to complete the landscape planting.
Section 22.6. Building Facades.
I ZONING DISTRICTS
Thoroughfare A B
Collector A C
D
A
Other D C
E D
A. Minimum exterior wall standards (facade) shall be one hundred percent (100%) masonryor
glass. These standards shall apply to any wall or portion of a wall visible from the roadway
(private or public) or abutting residential zoned districts. Existing buildings shall also
conform to facade requirements upon a change of occupancy, occupant (if use has been
abandoned per Section 28.9), or expansion exceeding 1000 square feet in area of exterior
dimensions of a nonresidential or multi-family structure for which a permit is required.
B. Same as "A", except as follows for buildings 250,000 square feet or larger:
1. First floor of any wall (facade) or portion of a wall (facade) fronting a thoroughfare
shall comply with "A".
2. First floor of any sidewall (facade) or portion ora sidewall (facade) visible from the
thoroughfare upon which the building fronts shall be of at least seventy-five percent
(75%) masonry.
3. All remaining walls (facades) or portions thereof shall be a minimum of 24 gauge or
heavier architectural panels (wall systems) with concealed fasteners and no exposed
seams. Corrugated metal, exposed fasteners, and exposed seams are prohibited.
C. Minimum exterior wall standards (facade) shall be a minimum of 24 gauge or heavier
architectural panels (wall systems) with concealed fasteners and no exposed seams.
Corrugated metal, exposed fasteners, and exposed seams are prohibited.
D. Buildings built prior to January 1,2001 are exempt from the (facade) requirements of this
section unless required by the adopted Building Code.
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ORDINANCE NO. 509-H
Same as "C" subject to the followinq conditions:
1. Within a C (Commercial) zoning district and where more than sixty percent
(60%) of the existinq nonresidential structures alonq both sides of the same
street and lying between the two nearest intersectinq streets do not comply
with the minimum facade standards, architectural panels (wall systems) shall
be insulated panels with a rock or rock like coatin,q or comply.
For the purpose of this section "Masonry" is defined as brick, stone brick veneer, custom treated tilt wall,
decorative or textured concrete block, split face block, stucco, or EIFS (exterior insulation and finish
systems). Architectural metal may be utilized for window and door trim, fascia, or soffit.
For the purpose of this section "First Floor" shall mean the vertical distance of a structure/building
measured from the average established floor elevation (slab) to the space above it between the floor and
the next floor or ceiling or roof, the height of said space being no more than twelve feet (12')(See definition
of First Floor).
Section 22,7, Sidewalks,
A minimum four foot wide sidewalks shall be required adjacent to all streets abutting a lot
prior to the issuance of a certificate of occupancy for any structure on that lot. A minimum
six foot wide sidewalk shall be provided adjacent to all thoroughfares and collectors.
CHAPTER 23. FENCE REGULATIONS
Section 23.1. Permits.
Prior to the construction, reconstruction, modification, enlargement, extension, or alteration
of a fence, there shall be a building permit therefor approved by the Building Inspector.
Upon completion of the construction, the fence shall be inspected by the Building Inspector
to insure compliance with the building permit and the provisions of this Ordinance.
Section 23.2. Use Regulations.
(a)
Dimensions of Fences. No fence shall be constructed at a height exceeding
eight (8) feet.
(b)
Placement of Fences. No fences shall be constructed in front of the
designated front building line of any property zoned R-E Dwelling District,
R-1 Dwelling District, R-2 Dwelling District, R-3 Dwelling District, R-4 Dwelling
District, OP Office and Professional District, NS Neighborhood Service
District, or GB General Business District. Fences may be constructed on all
property lines of any property zoned MF Multi-Family District, MH Mobile
Home Park District, C Commercial District, M-1 Light Industrial District or M-2
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ORDINANCE NO. 509-H
Heavy Industrial District. Special permits may be issued for fences beyond
the front building line to the front property line in SD Suburban Development
District.
(c)
Prohibited Materials. Permanent barbed wire fences shall be prohibited in
districts where used for purposes other than for the control of livestock.
(d)
Temporary Fences. Temporary fences for the purpose of protection or
securing of construction sites may be allowed provided that the duration of
use must be specified in the permit for fencing.
(e)
Maintenance. All fences constructed underthe provisions of the Ordinance
shall be kept in good repair and maintained so as to comply with the
requirements of this Ordinance at all times.
(f) A six-foot masonry fence shall be provided and maintained by the nonresidential
property owner as a buffer between residential and nonresidential zoned
properties. Alternative means of buffering may be approved by the Zoning
Board of Adjustment upon review of a variance application.
CHAPTER 24. SIGNS
Section 24.1. Signs Requiring Permits.
(1) No sign shall be erected, created or constructed after the effective date of this
ordinance without a permit issued by the Building Official or his designee, except as
provided herein.
(2) Every applicant, before being granted a permit, shall pay.an inspection fee, the
amount of which shall be established and amended by resolution or ordinance of the
Council and on file in the office of the City Secretary.
(3) No permit shall be required for the following signs:
(a)
Signs advertising the sale or lease of real property on which they are located.
Real estate signs shall not exceed 32 square feet per sign face and shall not
exceed six feet above ground level.
(b)
A previously permitted sign in existence before the effective date of this
ordinance.
(c) A sign that has as its purpose the protection of life and property.
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ORDINANCE NO. 509-H
(d)
A sign or marker giving information about the location of underground electric
transmission lines, telegraph or telephone properties and facilities, pipelines,
public sewers, or water lines or other public utilities.
(e)
A sign erected by an agency of the state or a political subdivision of the
state, which may or may not be located on public property.
(f) A sign erected solely for and relating to a public election, but only if:
1. the sign is on private property;
the sign is erected no sooner than the 30th day before the first day of
early voting and is removed no later than the 7th day after the
election;
the area of the sign does not exceed thirty-two (32) square feet per
sign face;
4. the sign does not exceed six (6) feet in height;
5. the sign is self-supporting.
(g) On-site directional and informational signs not exceeding two (2) square feet.
(h)
One unlighted or indirectly lighted sign with names and/or street numbers so
long as the area of such sign does not exceed one (1) square foot for each
dwelling unit.
(i)
Bulletin boards not over sixteen (16) square feet per face in area for public,
charitable or religious institutions when the same are located on the
premises of such institutions.
(J)
One temporary construction sign denoting the architect, engineer, financial
institution, contractor, or other principal parties when placed upon the site
under construction and not exceeding thirty-two (32) square feet per sign
face and not exceeding six feet (6') above ground level.
(k)
Memorial signs or tablets, names of buildings and date of erection, when cut
into any masonry surface or when constructed of bronze or other
non-combustible materials.
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ORDINANCE NO. 509-H
(i)
Flags, emblems and insignia of any governmental body, decorative displays
for holidays or public demonstrations which do not contain advertising and
are not used as such and which do not exceed thirty-five (35) feet in height
and one hundred (100) square feet in area.
(m)
Signs announcing special events for nonprofit organizations and service
groups. These signs may be posted up to fourteen (14) days prior to the
subject event and shall be removed within five days after the event. Such
signs shall require no permit. Signs of this type posted on private property
shall require the consent of the property owner. No such signs shall be
posted on public property unless the event is being sponsored by an
organization partially or wholly funded by public funds or a governmental
agency or being sponsored by a group or organization using publicly owned
facilities. No such signs shall be allowed under any circumstances on a
public street. These signs shall not exceed thirty-two (32) square feet per
sign face.
(n)
On-site signs advertising the sale of fresh fruit, vegetables, or other produce
grown and harvested on the same property on which the sale is to take
place, as long as the fruit, vegetables, or produce has not been substantially
altered. Substantial alteration includes, without limitation, cooking, canning,
baking, and use in jams, jellies, preserves, and candies. These signs may
only be displayed during those periods of time when the produce advertised
is actually available for purchase. These signs must be constructed of
durable, all-weather material, and may not exceed three (3) square feet in
size. Only one such sign shall be allowed per two hundred feet (200') of
property frontage on the street or right-of-way along which the signs are to be
displayed.
Section 24.2. Application for Permit.
Applications for permits shall contain or have attached thereto the following information:
(1)
Name, address and telephone number of the person or company which will owns
the sign.
(2)
Location of building, structure, or lot to which or upon which the sign or other
advertising structure is to be attached or erected.
(3)
Two (2) sets of plans shall be submitted showing the sign location in relation to
nearby buildings or structures, signs, property lines, driveways, public streets,
fences and sidewalks.
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ORDINANCE NO. 509-H
(4)
Two (2) sets of plans and specifications showing method of construction and
attachment to the building or ground, size, type, height, construction materials, wind
load calculations and such other information as the Building Official may require.
(5) Name, address and telephone number of the person, firm, corporation, or
association erecting the sign.
(6) Zoning classification of the property.
(7)
Such other information as the Building Official shall require to show compliance with
this and all other ordinances of the City.
Section 24.3. Measurements.
(1)
The area of any sign shall be deemed to be the sum of the area of each sign face,
including cutouts. However, when measuring a free standing or ground sign having
two (2) or more sides, the total square footage of all sign faces shall be multiplied by
the formula -- (n-l/n), where n equals the number of sides, to produce the sign area
for purposes of this ordinance. Exception: For ground signs, the portion of the sign
base within two feet (2') of grade shall not be included in the area calculation.
Where special requirements allow the height of a base to be increased to four feet
(4'), the base shall not be included in the area calculation of the sign.
(2)
Maximum sign height shall be measured from the highest point on the sign to the
elevation of the center line of the street measured perpendicular to the sign.
Section 24.4. Height Restrictions.
(1) No free standing sign shall be allowed/permitted.
(2) Building signs shall not exceed four (4) feet above roof line.
(3)
Any sign over a walkway shall have a minimum of eight (8) feet clearance over the
walkway.
(4)
No ground sign shall exceed eight (8) feet, except in shopping centers and
integrated business developments; when the configuration and use of property is
such that the placement of a ground sign is only feasible in an area currently paved
and actually used as a parking facility, the overall height of the sign may be
increased by the dimension that the sign base exceeds two (2) feet provided that
the overall height shall not exceed ten (10) feet, except in shopping centers and
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ORDINANCE NO. 509-H
integrated business developments, in which case the overall height shall not exceed
fifteen (15) feet.
Section 24.5. Size and Type Restrictions by Zoning District.
Except as authorized by Table VII, no sign requiring a permit shall be allowed within the
City's jurisdiction. Signage shall not exceed the maximums therein provided.
Section 24.6. Frontage on More Than One Street.
(1) If a use has street frontage on a corner, street frontage for the purpose of
calculation of sign area shall be either:
(a)
In the case of a sign erected on a building, the frontage of the building on the
street which the sign faces.
(b)
In the case of a free standing sign more than three hundred (300) feet from
an intersection of any public street, the frontage of the street closest to the
sign, or if equidistant from two (2) or more streets, the longest such frontage.
(c)
In the case of a free standing sign less than three hundred (300)feet from an
intersection, the frontage to be used in calculation shall be the street upon
which the largest business building on such property faces.
(2)
If a use has street frontage on more than one street, but not on a corner, such
business shall be entitled to signs as allowed by Table VII on each street.
Section 24.7. Portable Sign Limitations.
(1)
It shall be unlawful for any person to erect, structurally alter, or relocate any portable
sign within the City or its extraterritorial jurisdiction.
(2)
Portable signs shall be removed from their installed location at the conclusion of the
permitted use period. Signs left on location past the permitted period, even with a
blank advertising face, will be considered in violation of this ordinance.
(3)
The Building Official or his designee shall physically remove all portable signs in
violation of Section 24 of the Zoning Ordinance of the City of Pearland. Such signs
shall be stored until released to the owner thereof upon payment of an
impoundment and daily storage fee to be established by the City Council and on file
with the City Secretary. Upon removal of such sign the Building Official or his
designee shall give notice of the violation and sign removal to the person in charge
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ORDINANCE NO. 509-H
of the premises or, if the owner of the sign is known, to the owner of the sign; such
notice to be transmitted via registered mail and shall state the method by which a
hearing can be had before the municipal court. If a hearing is not requested within
fifteen (15) days of the notice, the determination of the Building Official or his
designee shall be final. Such hearing shall be held separately from the determina-
tion of criminal responsibility for the violation and the decision of the municipal judge
shall be final on the determination of the right of the City of required payment of the
impoundment and storage fee as a condition to release of the portable sign. In
such hearing the witnesses shall be sworn and cross examination shall be
permitted.
Section 24.8. Wind Loads.
Ground signs, and building signs that extend above the roof line, shall be designed,
constructed and installed to withstand a wind pressure of not less than thirty (30) pounds
per square foot per sign face.
Section 24.9. Obstruction to Doors, Windows, or Fire Escapes.
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign of any kind shall be attached to a stand
pipe or fire escape.
Section 24.10. Signs Not to Constitute Traffic Hazard.
No sign shall be erected or maintained in such a manner as to obstruct free and clear
vision; or at any location where by reason of position, shape, color, degree, manner, or
intensity of illumination it may interfere with vehicular or pedestrian traffic. Pursuant to the
foregoing, no sign shall be erected or maintained in such manner as to be likelyto interfere
with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.
No sign shall be erected or maintained in a visibility triangle as defined in Section 3 of the
Zoning Ordinance of the City of Pearland.
Section 24.11. Prohibited Signs, Advertising, Lighting.
(1)
No person shall attach any sign, paper, other material, or paint, stencil, or write any
name, number (except house numbers), or otherwise mark on any sidewalk, curb,
gutter, street, utility pole, trees, public building, fence or structure unless authorized
by this ordinance.
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ORDINANCE NO. 509-H
(2)
No sign shall be illuminated to any intensity greater than two hundred (200)
lamberts. The restrictions of luminance shall be determined from any other premise
or from any public right-of-way other than an alley. Lights shall be shielded to
prevent the source of lighting from being directly visible from residential property.
(3)
No portion of any sign shall be erected upon or over public right of way or public
property, except as specifically authorized by this ordinance. Unauthorized signs
located upon or over public rights of way or public property may be immediately
removed by the City Building Official.
(4)
Signs and advertising devices which move, flash, rotate, blink, change color, or are
animated are prohibited, provided, however, this section shall not be deemed to
prohibit devices displaying time, temperature and messages spelled out
electronically.
(5)
Signs and advertising devices which produce noises discernible from more than one
hundred fifty (150) feet away are prohibited.
(6)
No sign shall be erected in a floodway zone without the approval of the Building
Official.
(7)
No on-premise free standing sign shall be located within seventy-five (75) feet of
another on-premise free standing sign on the same side of the street or highway.
(8)
All "off-premise signs" are expressly prohibited unless specifically authorized by this
ordinance.
(9)
Signs which contain statements, words, or pictures of an obscene, indecent, or
immoral character that would offend public morals or decency are prohibited.
(10) Signs placed on the side or rear of any building or property when such sign faces
upon a contiguous residential area.
(11) Signs which contain or have attached thereto banners, posters, pennants, ribbons,
streamers, strings of light bulbs, spinners, or other similar devices are prohibited.
(12)
Free-standing pole signs which no longer advertise a bona fide business conducted,
or a product sold, shall be removed by the owner, agent or person having beneficial
use of the land, building or structure upon which such sign is located within thirty
(30) days after written notification to do so from the Building Official. Ground signs
which no longer advertise a bona fide business conducted, or a product sold, shall
have blank faces installed by the owner, agent or person having beneficial use of
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ORDINANCE NO. 509-H
the land, building or structure upon which such sign is located within thirty (30) days
after written notification to do so from the Building Official. Upon failure to comply
with such notice within the time specified in such order, the Building Official is
authorized to file a complaint in Municipal Court and/or cause removal of such sign,
and any expense incidental thereto shall be paid by the owner of the land, building
or structure to which such sign is attached or upon which it is erected.
Section 24.12. Compliance with Other Codes.
All signs shall comply with all other City Codes, including the Electrical and Building Codes.
Section 24.13. Maintenance.
All signs, together with all supports, braces, guys and anchors shall be kept in good repair
by the owner of the sign or the person in charge of the premises. Failure to keep a sign in
good repair as defined in the Pearland Building Code shall be deemed cause for removal if
the owner of the sign or person in charge thereof fails to make such repairs within thirty
(30) days of notice of deficiencies from the Building Official.
Section 24.14. Unsafe Signs.
If the Building Official shall find that any sign is unsafe and is a menace to the public, he
shall give notice to the permittee thereof in the same manner as is provided in the Building
Code for notice of unsafe buildings. If the permittee fails to remove or repair the sign within
the time provided in such notice, such sign may be removed at the expense of the
permittee. The Building Official may cause any sign which is an immediate peril to persons
or property to be removed summarily and without notice.
Section 24.15. Replacement or Repair of Sign.
When any sign, or a substantial part of it, is blown down, destroyed, or taken down
or removed for any purpose other than changing the letters, symbols or other matter
on the sign, it may not be replaced, reerected, reconstructed, or rebuilt except in full
conformance with the provisions and requirements of this ordinance.
(2)
For purposes of Subsection (1) of this section, a sign or substantial part of it is
considered to have been destroyed only if the costs of repairing the sign is more
than fifty (50) percent of the cost of erecting a replacement sign of the same type at
the same location.
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ORDINANCE NO. 509-H
Section 24.16. Sign Registration.
Every person, firm, group, organization, corporation, association, or other entity which has
an erected sign on the effective date of this ordinance, shall register these signs with the
City Building Official within 120 days after the effective date of this amendment unless said
person, firm, group, organization, corporation, association or other entity has previously
registered its sign. This registration on the part of the owner will consist of notifying the
City Building Official of the existence of signage. Inspection, measurement, and recording
of signs will be done bythe City. The City Building Official shall determine if the preexisting
sign meets the requirements of this ordinance.
(1)
Conforming use: If such preexisting sign meets the requirements of this ordinance,
the City Building Official shall issue to the applicant "Notice of Registration of a
Conforming Sign(s)."
(2) Nonconforming use:
(a)
If such preexisting sign does not meet the requirements of this section but
was in conformance with Ordinance No. 509A on the effective date of this
section (August 23, 1993), the City Building Official shall issue to the
applicant a permit entitled "Sign Registration - Exempt Nonconforming Use."
Such sign shall then be subject to the requirements of Section 24-15,
"Replacement or Repair of Sign."
(b)
If such preexisting sign does not meet the requirements of this section and
was not in conformance with Ordinance No. 509A on the effective date of
this section (August 23, 1993) or within twelve months thereafter, the
City Building Official shall issue to the applicant a permit entitled
"Sign Registration -Nonexempt Nonconforming Use." Such sign shall then
be subject to the requirements of Section 24-15, "Replacement or Repair of
Sign," and subsection (c) below.
(c)
Signs registered as nonexempt non-conforming uses shall within six (6)
years after the effective date of this section (August 23, 1993), be removed
or made to conform, except that those signs for which the conformity date is
required to be extended or for which financial compensation is required
under state or federal law shall be extended for so long as the conformity
date extension or financial compensation continues to be required by state or
federal law, provided, however, all on-premise and off-premise portable signs
shall be removed or made to conform within ninety (90) days after the
effective date of this ordinance.
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ORDINANCE NO. 509-H
(3)
Unsafe signs: If such preexisting sign is found to be unsafe and a menace to the
public by the City Building Official, such sign shall then be subject to the
requirements of Section 24-14, "Unsafe signs."
Section 24.17. Builder/Subdivision and Subdivision Identification Signs.
(1)
One buildedsubdivision sign may be located at the main entrance of any new
subdivision. Four (4) additional directional signs may be located off-site at
appropriate locations.
(2)
The maximum area of a builder/subdivision sign shall not exceed 130 square feet
(two sides maximum).
(3)
The maximum area of a subdivision directional sign shall not exceed 32 square feet
(two sides maximum), with a length to width ratio not to exceed 3:1.
(4)
Such sign(s) shall be removed after a period of five years orwhen the subdivision is
sold out, whichever occurs first.
(5)
Subdivision identification sign or signs not exceeding one hundred twenty (120)
square feet per sign face and containing no more than the name of the subdivision
may be permitted at the entrance to subdivisions. Subdivision signs shall not be
located on public rights-of-way and shall not exceed two (2) per entryway.
Section 24.18. Use of Banners.
(1)
A banner is hereby defined to be a temporary sign as that term is defined under
Section 3 of this Ordinance that is designed to be attached or installed with rope,
wire, or other temporary means so as to allow ease of installation and removal.
(2)
The use or display of banners is hereby prohibited unless a permit for such use is
obtained from the Building Official or his designee. A banner permit may be issued
only in the following circumstances:
(a)
Any premise or nonresidential occupancy may display one (1) banner sign
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. At least one-half (¼) of all readable copy on the banner must
state "Grand Opening" or "Now Open."
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ORDINANCE NO. 509-H
(3)
(4)
(5)
(6)
(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 Building Official 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.
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.
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.
Unless otherwise provided, the maximum size allowed for a banner shall not exceed
a total of fifty (50) square feet.
Banners used or displayed in violation of this section shall be subject to removal by
the Building Official or his/her designee.
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(7)
Banners displayed pursuant to TxDOT District 12 guidelines for the temporary
installation of banners over state rights-of-way shall be exempt from the terms of
this Ordinance.
Section 24.19. Application to Extraterritorial Jurisdiction (ET J).
This Section 24, together with all applicable definitions, shall, pursuant to the authority of
Chapter 216.902, V.T.C.A. Local Government Code, apply to the City's (ET J). Property
within the ETJ of the City and put to residential use other than multi-family or mobile home
park shall be permitted the same signs as if such property was within the City and zoned R-
4. Property within the ETJ of the City and put to multi-family, mobile home park or
commercial or other nonresidential use shall be permitted the same signs as if such
property was within the City and zoned M-2.
Section 24.20. Offense.
a)
A person commits an offense if he, by this own action or that of his employee,
agent, or other person acting on his behalf, constructs, erects, or otherwise displays
or permits another to construct, erect, or otherwise display a sign in violation of this
chapter. Each day that the violation continues shall constitute a separate offense.
An offense under this section is punishable upon conviction by a fine not to exceed
Two Hundred Dollars ($200.00).
b)
In prosecutions under this section, there shall be a rebuttable presumption that the
person in possession or control of real property on which the illegal sign was
constructed, erected, or displayed is the person that caused the sign to be
constructed, erected, or displayed, if the sign is a banner, or a ground, building, or
free-standing sign. In prosecutions under this section for an illegal temporary sign,
there shall be a rebuttable presumption that the person whose business is
advertised in the sign is the person that caused the sign to be constructed, erected,
or displayed.
c) The presumptions in subsection (b) are permissive and not mandatory.
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CHAPTER 25. SPECIFIC USE PERMIT REGULATIONS
Section 25.1. Purpose.
The purpose of this section is to allow the proper integration of uses, temporary or
permanent, which may be suitable only in specific locations of a zoning district.
Section 25.2. Development Standards Required.
The City Planning and Zoning Commission in considering and determining their recom-
mendation, and the City Council, in considering any request for a Specific Use Permit, may
require from the applicant plans, information, operating data and expert evaluation
concerning the location, function and characteristics of any building or use proposed. The
City Council may, in the interest of the public welfare and to assure compliance with this
Ordinance, establish conditions of operation, location, arrangement and construction of any
use for which a permit is authorized. In authorizing any of the uses listed as requiring
Specific Use Permits, the City Council may impose such development standards and
safeguards as the conditions and location indicate important to the welfare and protection
of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor,
explosion, glare, offensive view or other undesirable or hazardous conditions. Granting a
Specific Use Permit does not exempt the applicant from complying with the requirements of
the Building Code or other City ordinance. If, after consideration of the request and
attached exhibits, the Planning and Zoning Commission feels that said request is not in the
best interests of the public welfare, it shall deny such request and forward a copy of their
proceedings to the City Council for their consideration. The City Council shall review the
proceedings and either uphold or reverse the findings of the Planning and Zoning
Commission. The affirmative vote of at least three-fourths of all the Council Members will
be required for the reversal of the Planning and Zoning Commission decision.
Section 25.3. Temporary Development Signs.
Temporary development and promotion signs not exceeding one hundred thirty (130)
square feet in area may be erected on private property. The Building Inspector shall
control the location and duration of such signs used to assure that the occupancy and use
of adjacent lots are not interfered with and that no safety hazard is created. Such special
development signs will be removed at the direction of the Building Inspector after
completion of the development of fifty (50) percent of the project advertised.
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Section 25.4. Temporary Construction Buildings.
Temporary buildings and temporary building material storage area to be used for construc-
tion purposes may be permitted for a specified period of time in accordance with a permit
issued by the Building Inspector and subject to periodic renewal by the Building Inspector
for cause shown. Upon completion or abandonment of construction or expiration of permit,
such field offices and buildings shall be removed within thirty (30) days, or at the direction
of the Building Inspector.
CHAPTER 26. APPLICATION OF DISTRICT REGULATIONS
Section 26.1. Uniformity.
The regulations set by this Ordinance for each district shall be minimum regulations and
shall apply uniformly to each class or kind of structure or land, except as hereinafter
provided.
Section 26.2. Conformity with Regulations Required.
No building, structure, or land shall hereafter be used or occupied, and no building or
structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally
altered except in conformity with all the regulations herein specified for the district in which
it is located. This shall be deemed to include only the portion of the building, structure or
land which is actually newly occupied, newly used, erected, constructed, reconstructed,
moved or structurally altered after the effective date of this Ordinance.
Lot Area Deficiency:
If a lot was legally platted prior to the effective date of this section (March 10,
1986), was held in separate ownership from any adjacent property at such
time, and contains less area than is required under these regulations, such
lot may be used for any use lawful within the district, notwithstanding such lot
area deficiency, provided, however, such lot shall be subject to all other
district regulations.
Section 26.3. Grades, Open Spaces, Off-Street Parking or Loading Spaces.
No part of a yard or other open space, or off-street parking or loading space required about
or in connection with any building or use for the purpose of complying with this Ordinance,
shall be included as part of a yard, open space, or off-street parking or loading space
similarly required for any other building or use.
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Section 26.4. Newly Annexed Territory.
All territory which may hereafter be annexed to the City of Pearland shall
automatically be classed as lying and being in district "SD" until such
classification shall have been changed by an amendment to the zoning
ordinance as provided by law.
No person shall erect, excavate, construct or proceed or continue with the
erection or construction of any building or structure or add to, enlarge, move,
improve, alter, repair, convert, or demolish any building or structure or cause
the same to be done in any area of the City or in any newly annexed territory
to the City without first applying for and obtaining a building permit therefor
from the Enforcing Officer as may be required in applicable City ordinances.
Section 26.5. Completion of Buildings.
Nothing herein contained shall be deemed to require any change in the plans, construction,
or use of a building for which a currently valid building permit has been obtained atthe time
of passage of this Ordinance, so long as the entire building is completed within one (1)
year from the effective date of this Ordinance. The Zoning Board of Adjustment, upon
application, may grant a one (1) year extension of the time of completion upon showing of
reasonable progress of construction. Any building permit in effect at the passage of this
Ordinance shall become void if construction is not begun within one hundred twenty (120)
days thereof.
Section 26.6. Occupancy of Dwelling Units.
No dwelling unit shall be occupied except by a family, as that term is defined herein.
CHAPTER 27. HOME OCCUPATION
Section 27.1. Criteria.
The allowed uses under a customary Home Occupation shall comply with the following
criteria:
aw
No person other than members of the family residing on the premises shall be
engaged in such occupation;
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The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, and not more than
25 percent of the floor area of the dwelling unit shall be used in the conduct of the
Home Occupation;
There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation other than one sign,
not exceeding one square foot in area, non-illuminated, and mounted flat against
the wall of the principal building;
d. No home occupation shall be conducted in any accessory building;
e. There shall be no on premises sales in connection with such home occupation.
No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street and
other than in a required front yard;
No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors, or electrical interference detectable to the
normal senses off the lot, if the occupation is conducted in a single family residence.
In the case of electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises;
The operation of clinics, doctor's offices, hospitals, barber shops, beauty parlors,
dress shops, real estate offices, health studios, tea rooms, palm reading, kennels,
among others, shall not be deemed to be home occupations.
Section 27.2. Registered Family Homes.
The operation of a Registered Family Home, as defined herein, shall be allowed in the R-l,
R-2, R-3 and R-4 residential zoning districts as a Home Occupation, provided the following
requirements are met:
am
The operation shall at all times be in compliance with prescribed Minimum
Standards for Registered Family Homes and other applicable Texas Department of
Human Resources regulations.
b. No advertising signage shall be allowed.
ORDINANCE NO. 509-H
A fenced play area shall be provided. Fencing shall comply with Section 23 of this
Ordinance, except that the minimum height for fences and gates shall be four (4)
feet.
The operation shall at all times be in compliance with subsections a, c, d, e, f and g
of Section 27.1 of this Ordinance.
The total number of children being given care, including the caretaker's own, shall
not exceed seven (7) at any time."
CHAPTER 28. NON-CONFORMING USES
Section 28.1. Definition.
"Nonconforming" shall be deemed to mean that a use or structure was lawful at the time it
was begun, but could not presently be so begun, used, or constructed under current
ordinances and zoning.
Section 28.2. Continuance of Nonconforming Use.
The lawful use of any building, structure, sign or land existing atthe time such propertywas
more restrictively zoned may be continued except as this Ordinance may require
abatement within a given period of time, provided, however, the right to continue such
nonconforming uses shall be subject to regulations prohibiting nuisances and shall be
terminated when such use constitutes a nuisance. Such nonconforming uses shall be
subject to such reasonable regulations as the Zoning Board of Adjustment may require to
protect adjacent property and shall be subject to the specific nonconforming use
regulations herein contained.
Except as this Ordinance may otherwise require, any nonconforming use may be continued
in operation on the same land area and on the same floor area in a structure or structures
which were occupied by the nonconforming use on the effective date of these regulations
or on the effective date of any amendment by which the use became nonconforming, but
such land area or floor area shall not be increased.
Section 28.3. Accidental Damage to Building.
If a building occupied by nonconforming uses is destroyed by fire or the elements, it may
not be reconstructed or rebuilt except to conform with provisions herein. In the case of
partial destruction by fire or other causes, not exceeding fifty (50) percent of its current
replacement value, the Enforcing Officer shall issue a permit for reconstruction. If greater
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ORDINANCE NO. 509-H
than fifty (50) percent and less than total, the Zoning Board of Adjustment may grant a
permit for repair but not for enlargement of the building.
Section 28.4. Substandard Structure.
The right to operate and maintain any nonconforming structure shall terminate and shall
cease to exist whenever the nonconforming structure becomes substandard under any
applicable ordinance of the City and the cost of placing such structure in lawful compliance
when the applicable ordinance exceeds fifty (50) percent of the replacement cost of such
structure on the date that the Enforcing Officer determines that such structure is
substandard.
Section 28.5. Determination of Replacement Cost.
In determining the replacement cost of any nonconforming structure, there shall not be
included therein the cost of land or any factors other than the nonconforming structure itself
including foundation.
Section 28.6. Repairs and Alterations.
Repairs and alterations may be made to an undamaged nonconforming building or
structure, provided, however, no structural alterations shall be made except those required
by law or ordinance, unless the building is changed to a conforming use, and provided that
no additional dwelling units shall be added where the nonconforming use results from there
being more dwelling units on the lot than is permissible in the district in which the building is
located. No enlargement or extension of a nonconforming use shall take place except as
the Zoning Board of Adjustment may grant, as a special exception, an application to extend
or enlarge a building occupied by a nonconforming use or of that portion of the lot occupied
by such use provided such grant does not serve to prevent the return of such property to a
conforming use.
Section 28.7. Registration of Nonconforming Use.
It shall be the right of the joint tenants and owners of a nonconforming use to register same
by securing a Certificate of Occupancy as herein provided.
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ORDINANCE NO. 509-H
Section 28.8. Changing a Nonconforming Use.
Any nonconforming use may be changed to a use conforming with the regulations herein
established for the district in which the nonconforming use is located, provided, however,
that a nonconforming use so changed shall not thereafter be changed back to a
nonconforming use. A nonconforming use shall not be changed to another nonconforming
use.
Section 28.9. Abandonment.
A nonconforming use of any building or structure which has been abandoned shall not
thereafter be returned to any nonconforming use. A nonconforming use shall be
considered abandoned when:
(a) It has been replaced with a conforming use; or
(b)
Such building or structure is or hereafter becomes vacant and remains
unoccupied or out of use for a continuous period of six (6) months, or the
special equipment and furnishings peculiar to the nonconforming use have
been removed from the premises and have not been replaced within such six
(6) month period; or
(c) The intention of the owner to permanently discontinue the use is apparent.
CHAPTER 29. BOARD OF ADJUSTMENT
Section 29.'1. Establishment.
A Board of Adjustment is hereby established in accordance with the provisions of
Article 101 lg, Revised Civil Statutes of Texas, with the powers and duties as provided in
said statute and this Ordinance. The Board of Adjustment shall consist of five (5)
members, each to be appointed by the City Council of the City of Pearland for staggered
terms of two (2) years and removable for cause by the appointing authority upon written
charges and after public hearing. In addition, there shall be likewise appointed
four (4) alternate members of the Board of Adjustment who shall serve in the absence of
one (1) or more regular members when requested to do so by the City Manager or the
Mayor. Alternate members shall be appointed for a term of two (2) years and shall be
subject to removal as the regular members. Vacancies shall be filled for the unexpired
terms of any member, regular or alternate, whose term becomes vacant. All cases to be
heard by the Board of Adjustment shall be heard by a minimum number of four (4)
members.
ORDINANCE NO. 509-H
Section 29.2. Powers.
A request for interpretation of regulations or an appeal for variance from
development controls may be taken by any person aggrieved or by any officer,
department, or board of the City affected by a decision of the Enforcing Officer.
Such appeal shall be taken within fifteen (15) days time after the decision has been
rendered, by filing with the Enforcing Officer a notice of appeal specifying the
grounds thereof. The Enforcing Officer shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed from was taken.
The Board of Adjustment shall have the power to authorize upon appeal in specific
cases such variance from the terms of this Ordinance as will not be contrary to the
public interest, where, owing to special conditions, a literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship and so that the spirit
of the Ordinance shall be observed and substantial justice done.
In granting such variance, the Board of Adjustment may prescribe appropriate
conditions and safeguards in conformity with this Ordinance. Violation of such
conditions and safeguards, when made a part of the terms under which the variance
is granted, shall be deemed a violation of this Ordinance.
Under no circumstances shall the Board of Adjustment grant a variance to allow a
use not permissible under the terms of this Ordinance in the District involved, or any
use expressly or impliedly prohibited by the terms of this Ordinance in said District.
The Board of Adjustment shall have the power in appropriate cases and subject to
appropriate conditions and safeguards to hear and decide special exceptions to the
terms of this Ordinance upon which such Board is required to pass under this
Ordinance.
A written application for variance shall be submitted together with a fee,
accompanied by an accurate legal description, maps, site plans, drawings, and any
necessary data, demonstrating:
a. That special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable to other
lands, structures, or buildings in the same district.
b. That literal interpretation of the provisions of this ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same
district under the terms of this ordinance.
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ORDINANCE NO. 509-H
c. That the special conditions and circumstances do not result from the
actions of the applicant.
d. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands, structures
or buildings in the same district.
e. No nonconforming use of neighboring lands, structures, or buildings in the
same district and no permitted use of lands, structures, or buildings in
other districts shall be considered grounds for the issuance of a variation.
f. Financial hardship shall not be considered grounds for the issuance of a
variance.
Section 29.3, Hearing,
The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give
public notice thereof, as well as due notice to the interested parties, and decide the same
within a reasonable time. Upon the hearing, any party may appear in person, by agent, or
by attorney.
In the exercise of the above mentioned powers, the Board of Adjustment may reverse and
affirm, wholly or partly, or may modify the order, requirement, decision or determination
appealed from and make such order, requirement, decision and determination as should
be made in its judgment, and to that end shall have all the powers of the officer from whom
the appeal is taken.
The Zoning Board of Adjustment shall give public notice and hold public hearings thereon
before deciding the appeal. Written notice of all public hearings before the Zoning Board
of Adjustment shall be sent to owners of real property lying within two hundred (200) feet of
the property on which the variation is desired, such notice to be given not less than ten (10)
days before the date set for hearing to all such owners who have rendered their said
property for City taxes as the ownership appears on the last approved City tax rolls. Such
notice may be served by depositing the same, properly addressed and postage paid, in the
City post office. Where property lying within two hundred (200) feet of the property
proposed to be changed is located in territory which was annexed to the City after the final
date for making renditions which are included on the last approved City tax roll, notice to
such owners shall be given by publication in the manner provided in Subsection 33.4 of this
Section.
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An application or request for a variance shall not be heard or granted with regard to any
parcel of property or portion thereof upon which a preliminary plat or final plat, when
required by the city for any parcel of property or portion thereof, has not been finally acted
upon by the Planning and Zoning Commission and or City Council. Specifically, the
administrative procedures and requirements of the city, with regard to the Planning and
Zoning Commission and City Council, on preliminary plats and final plats, must be
exhausted prior to requesting a variance from the terms of this ordinance.
Section 29.4. Vote Required.
The concurring vote of four (4) members of the Board of Adjustment shall be necessary to
reverse any order, requirement, decision or determination of any administrative official, or
to decide in favor of an applicant on any matter upon which it is required to pass under this
Ordinance, and to affect any variance of this Ordinance.
Section 29.5. Posting property for variance requests.
Any person, firm or corporation requesting a variance from the terms of this ordinance
shall be required to maintain a sign or signs, provided and caused to be placed by the
Community Development Department, upon the property for which a variance has been
requested, which sign or signs shall be located as follows:
a) One sign for the first three hundred (300) feet of each street frontage and one
sign for each additional three hundred (300) feet of street frontage, shall be
located within thirty (30) feet of the abutting street, or as determined by the
City Manager or his/her designee.
b) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
c) So as not to create a hazard to traffic on the public rights-of-way abutting the
property.
d) On the subject property at least ten (10) days prior to the hearing of such
variance request by the Zoning Board of Adjustment, and to remain
continuously on said property until final action by the Board or withdrawal of
the case by the applicant. Removal of the sign by the applicant prior to a
decision by the Zoning Board of Adjustment shall constitute a withdrawal of
the request.
ORDINANCE NO. 509-H
e) The signs, caused to be placed by the Community Development Department
shall be of a size, type, and message content as determined by the Director
of the Community Development Department but shall advise that a variance
has been requested and shall list the telephone number of the Department of
Community Development for more information.
f) Upon making an application for a variance, the Community Development
Department will place sign(s) as required by this section. After the variance
request is approved in final form by the Zoning Board of Adjustment, denied
by the Zoning Board of Adjustment, or withdrawn by the applicant, the City
shall remove the sign from the area of the request within ten (10) days of
such event.
g) It shall be unlawful for anyone to remove, destroy, deface or obstruct the view
of a sign which gives notice that a variance has been requested.
h) In the event the applicant shall fail to maintain signs in accordance with
section 29.5, then the public hearing before the Zoning Board of Adjustment,
shall be postponed to a date in the future which would allow time for
compliance.
i) The erection of any sign required by this section shall not require a permit
under the city sign ordinance.
j) The owner or applicant shall promptly notify the Community Development
Department to replace any sign required by this ordinance which becomes
lost, stolen or vandalized. The Zoning Board of Adjustment shall have the
power to decide whether or not there has been substantial compliance with
the posting requirements in the case of lost, stolen or vandalized signs.
CHAPTER 30. PEARLAND PARKWAY, MCHARD ROAD,
AND OILER DRIVE CORRIDOR OVERLAY DISTRICT
Section 30.1. General Purpose and Description.
The intent of this district is to 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.
This district is limited to specified areas encompassing land that has already been
assigned conventional zoning district classifications. It supplements the standards of the
underlying conventional districts with new or different standards which are more restrictive.
In the event of a conflict between the standards of the Corridor Overlay District and the
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ORDINANCE NO. 509-H
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 Corridor Overlay District will continue to prevail.
Section 30.2. District Boundaries.
The corridor overlay standards apply to the future development and use of all land
within the depth of the lot up to a maximum of 300 feet on either side of the street right-of-
way along the following specified major thoroughfares:
1. Pearland Parkway: Dixie Farm Road to North City Limits
2. Oiler Drive: SH 35 to Pearland Parkway
3. McHard Road: SH 35 to Pearland Parkway
Section 30.3. Lot and Setback Standards.
Ao
The minimum front yard building setback adjacent to a specified major thoroughfare
is 20 feet.
All off-street parking, maneuvering and loading areas shall be set back at least 30
feet from any street right-of-way line.
All screening walls and fences, including residential subdivision fences, shall be set
back at least 30 feet from the right-of-way line of a specified major thoroughfare.
All open storage areas, where permitted by the underlying zoning district, shall be
set back at least 30 feet from the right-of-way line of a specified major thoroughfare.
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 50 feet of the high bank, whichever is greater, of a creek or other drainage
way proposed as a linear park in the City's Park Master Plan. Permitted exceptions
include drainage-related structures and pavement, paved pedestrian or bike trails,
picnic tables, and paved surfaces beneath picnic tables.
Fo
No building, parking area, or other visual obstruction shall be located in any required
visibility triangle.
The required setback area shall be landscaped and maintained by the property
owner or homeowner association.
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Section 30.4. Building Facade Standards.
Requirements are applicable to all structures except single family detached
dwellings. Facade design plan of entire project shall be submitted with site plan
review documents.
Building articulation, which is the expression or outlining of parts of the building by
its architectural design, shall be provided in order to:
Create a complementary pattern or rhythm, dividing large buildings into
smaller, identifiable portions.
Break up the building mass through offsets and other methods that articulate
the horizontal and vertical building planes.
Incorporate details that create shade and cast shadows to provide visual
relief.
C. Building Materials:
Any exterior wall visible from the specified major thoroughfare shall be
covered by masonry (including, but not limited to brick, textured concrete,
concrete block, stone, and stucco) and glass.
Corrugated metal and exposed fasteners are prohibited. Architectural metals
are prohibited except for miscellaneous trimwork.
A minimum 25% of an exterior wall facing the specified major thoroughfare
shall be transparent in order to promote personal safety by permitting
visibility between building occupants and outdoor pedestrians and drivers.
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 similar architectural design,
color, and materials.
Building colors shall be provided in accordance with an approved color palette
prepared by the Architectural Design Committee (to be made available through the
City's Planning Office) consisting of the Chief Building Inspector, the Planning and
Development Director, and the City Manager.
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Section 30.5. Access and Off-Street Parking Standards.
The maximum number of driveways permitted for each lot, along the specified major
thoroughfare, shall not exceed the following limits:
1. Two access points for lot frontages of 400 feet or less
2. Three access points for lot frontages of 401-600 feet
3. Four access points for lot frontages greater than 600 feet
The minimum distance between driveways and street intersections shall be
350 feet. The minimum separation between median openings shall be 350 feet.
The minimum distance between driveways is determined by the functional
classification of the street and shall not be less than the following distances as
measured from the extended right-of-way line of the intersecting street to the
nearest extended curb line of the intersecting driveway:
1. 100 feet along major thoroughfares
2. 60 feet along collector streets
3. 30 feet along local streets
Driveways to service and loading areas must provide on-site maneuvering space so
that vehicles are not required to back into or out of public streets.
Service and loading areas must provide sufficient space so that service and delivery
vehicles do not block public streets while loading or unloading.
Parking areas located between the building and the right-of-way line of a specified
major thoroughfare may not extend more than 90% (as measured at its maximum
width) of the specified major thoroughfare street frontage. Parking to the side and
rear of buildings is encouraged and preferred.
Bicycle parking, at a ratio of no less than five percent (5%) of the required vehicular
parking, shall be conveniently provided for all uses allowed in the following zoning
districts: Office and Professional, Neighborhood Service, General Business, and
Commercial. Required bicycle parking shall include a means to secure individual
bicycles.
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Section 30.6. Landscaping Standards.
A. At least ten percent (10%) of the lot shall be landscaped open areas with a
permeable surface with a coefficient of runoff equal to or less than 0.35.
B. Trees are required along the specified major thoroughfare as follows:
1. Large shade trees with a minimum three inch (3") caliper measured twelve
inches (12") above the root ball shall be provided with the total caliper inches
equal to one inch (1") for each ten feet (10') of frontage.
2. Ornamental trees with a minimum two inch (2") caliper measured 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.
3. At least 60% of required street trees shall be evergreen with year-round
foliage.
4. At time of planting, a minimum eight feet (6') shall be provided between a
tree trunk and back of curb and between a tree trunk and any planned or
existing underground public utility lines.
5. At time of planting, a minimum six feet (6') shall be provided between
individual trees.
C. Required interior site landscaping:
1. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs.
2. No parking space shall be greater than 50' from a tree.
D. A mechanical irrigation system is required within the front yard building and parking
setbacks.
Section 30.7. Lighting Standards.
Vehicular circulation and parking areas:
1. High pressure sodium fixtures shall be used with no direct glare onto
adjacent properties or public streets.
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Minimum light level within the parking area is 0.5 foot candles when the
attendant facility is in use.
Standards, poles, and fixtures shall be a single color, uniform in design
throughout the site and no taller than ten feet (10') above the building being
served.
4. Creosote treated wooden poles are prohibited.
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 installa-
tion shall be required prior to acceptance of subdivision improvements by the
City or issuance of a certificate of occupancy, as applicable.
Walkway lighting comprised of standard, pole, bollard and wall-mounted fixtures
shall be no greater than twelve feet (12') above grade.
C. Accent lighting:
Uplighting shall be concealed or positioned to screen the light source from
adjacent property.
Floodlighting or spotlighting of architecture, graphics, or natural features shall
not create spillage of light onto adjacent property or public streets.
Section 30.8. Screening Standards.
A. The following site elements shall be screened form view from a public street:
1. All mechanical and utility equipment.
Screens shall incorporate shrubbery having year-round foliage, and/or a
decorative wall, fence, or architectural element of the building that is a
maximum 75% opaque. Roof-mounted equipment may be screened with
materials that are 100% opaque.
2. Vehicle loading and unloading area.
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 75% opaque.
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3. 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.
All fences and walls visible from a public street shall be:
1. Constructed of masonry or other materials approved by the City Manager or
his designee.
2. Consistent in color and design with the building architecture.
3. Uniform in style and materials along the entire length of the screen within a
single development.
C. No fence or wall visible from a public street shall be:
1. Greater than eight feet (8') in height.
2. Located within any required visibility triangle.
Constructed with any of the following materials: surface painted or coated
concrete, chain link, concertina wire, barbed wire, corrugated metal, or
fiberglass panels. (Exception: barbed wire may be used solely to control
livestock.)
Residential subdivision fences shall be uniform in style, color, and material along
the length of the subdivision. Completion of such fence shall be required prior to
acceptance of the subdivision improvements by the City, provided that this require-
ment may be deferred for a maximum of 90 days after the date of subdivision
acceptance, if a letter of credit guaranteeing completion of the improvement is filed
with the City Engineer and approved by the City Attorney.
Section 30.9. Buffering Standards.
A. The following site elements shall be visually buffered from view from a public street:
Outdoor parking areas located within 100 feet of any public street right-of-
way.
2. Fuel pumps located between the street and the building.
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3. A vehicle drive-up window facing the street.
Required buffering with a maximum three foot (3') height shall be provided by way of
one or more of the following:
1. Freestanding masonry wall.
2. Landscaped earth berm with a maximum 4:1 slope.
Retaining walls may be used to facilitate berming if unseen from the street.
3. Shrubbery having year-round foliage.
Section 30.10. Sidewalk Standards.
The required sidewalk located along the specified major thoroughfare 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.
A ten foot (10') wide public use easement shall be provided for the required
sidewalk when placed outside of street right-of-way.
The required sidewalk shall have a curved alignment for at least 80% of the major
thoroughfare street frontage. Sidewalks on intersecting streets shall not have a
curved alignment unless approved by the City Engineer.
D. Construction criteria for the required sidewalk:
1. Minimum six feet (6') wide.
2. Minimum 80 foot centerline radius, maximum intersection angle of
20 degrees, and maximum 20 foot tangent between sidewalk curves.
Minimum six feet (6') separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
Sidewalk approaches, including the wheelchair ramp, to street and driveway
intersections shall be straight and parallel to the adjacent street for a
minimum of 10 feet.
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Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk.
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.
A minimum six foot (6') wide pedestrian walkway shall connect the sidewalk to the
building entry. The walkway shall be accessible, readily visible, and paved.
Completion of sidewalks adjacent to residential subdivisions shall be required prior
to acceptance of the subdivision improvements by the City, provided that this
requirement may be deferred for a maximum of 90 days after the date of subdivision
acceptance, if a letter of credit guaranteeing completion of the improvement is filed
with the City Engineer and approved by the City Attorney.
Section 30.11. Sign Standards.
Ground signs are permitted; freestanding and pole-type business identification
signs are prohibited.
Ground signs shall have a maximum eight foot (8') height and minimum spacing of
75 feet from another ground sign.
C. One ground sign is permitted for each street frontage.
D. Iridescent, fluorescent, and "dayglo" colors are prohibited.
In the case of a shopping center or integrated business development, no additional
ground sign shall be allowed for any individual tenant or occupant.
F. Ground sign lighting:
1. Internally illuminated, ground lit, or halo-lit letter are permitted.
2. An internally illuminated sign shall have an opaque background with
translucent letters.
3. Ground lighting shall be concealed below grade or screened from view.
4. All ballasts, transformers, and conduits shall be concealed.
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Signs on buildings with multiple tenants shall be uniform in size, color, materials and
location as specified herein.
1. Tenant signs shall be integrated into a single facade-mounted graphic band,
or placed in a graphic band on awnings.
2. A graphic band shall have a maximum height of three feet (3'), but may be
taller for an individual tenant with more than 10,000 square feet.
3. Each message shall be centered around a common horizontal line with no
more than two (2) lines of copy.
4. Typography may vary.
5. Light sources for externally lit signs shall be concealed.
6. All ballasts, transformers, and conduits shall be concealed.
Back-lit canopy signs attached to buildings are prohibited.
Window signs providing general information or advertising sales are permitted with
a total square footage no greater than 25% of the total window area visible from the
specified major thoroughfare. Window signs advertising sales shall not remain
posted for longer than 90 days. Signs painted on glass surfaced are prohibited.
Section 30.'12. Utilities.
A.
All electric, telephone, and cable TV wires within the District shall be located
underground.
A ten foot (10') wide water and sewer easement shall be provided along street
rights-of-way.
A sixteen foot (16') wide utility easement along the rear lot line or other approved
on-site utility corridor shall be provided to accommodate underground utility
distribution lines, including but not limited to, electric, phone, and cable television.
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Section 30.13. Penalty.
Any person, firm or corporation who shall violate any of the provisions of this
Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or
regulations made thereunder, or who shall violate any plans submitted and approved
hereunder, or any certificate or permit issued hereunder, shall, for each and every violation
and noncompliance respectively be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and each
and every day that such violation or noncompliance shall exist shall be deemed a separate
offense.
If any person, firm or corporation violates any of the provisions of this Ordinance or
fails to comply herewith, the City of Pearland, in addition to imposing the criminal penalties
provided herein, may additionally institute any appropriate civil or criminal actions or
proceedings allowed by law to prevent, restrain, correct, or abate any illegal act, conduct,
business, or use in or about any land within its jurisdiction.
CHAPTER 31. STATE HIGHWAY 288 AND
BELTWAY 8 CORRIDOR OVERLAY DISTRICT
Reserved
CHAPTER 32. TELECOMMUNICATION TOWERS AND ANTENNAS.
Section 32.1. Purpose.
These regulations are primarily intended to maximize the use of new and existing towers to
prevent the proliferation of unnecessary towers and to minimize the adverse visual impacts
of towers and antennas through design, siting, landscape and screening requirements.
Section 32.2. Application, Exemptions, and Conflicts.
This article applies to towers and antennas located in any zoning district.
(a)
(b)
This article does not apply to:
(1)
(2)
(3)
A receive-only home television antenna;
Satellite dish antenna that is a permitted accessory use as provided in this
chapter; or
A tower less than 50 feet in height that is used as an amateur radio station.
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(c)
The application provisions of this article do not apply to an amateur radio station
tower of 50 feet or more in height, but the Planning Department may require the
applicant to submit information on the height, location, and the manufacturer's
drawings and specifications for the tower, or any other any information as necessary
to determine whether a specific use permit should be granted as required by this
article.
(d)
Any regulations relating to the height of a tower, alternate tower structure, or
antenna contained in the article, controls over any conflicting provision of any other
provision of these zoning regulations not contained in this article.
Section 32.3. Specific Use Permit Required.
(a)
Except as otherwise provided in this section, a person may not construct, erect, or
maintain a tower or antenna on any land located within the City without first
receiving a specific use permit. The procedures of this article relating to the
application, processing, and determination of whether to grant a specific use permit,
are in addition to any other provisions and requirements contained in other articles
of these zoning regulations relating to specific use permits.
(b)
Rooftop mounted towers and antennas may be located on any buildings serving a
nonresidential use and on an alternative tower structure without obtaining a specific
use permit, if:
(1)
The structure, other than a tower on which the tower or antenna will be
placed, exceeds 50 feet in height;
(2)
The tower and antenna will add no more than 20 feet total to the height of
the existing structure;
(3) The tower or antenna does not contain advertising; and
(4) It complies with the lighting regulations for towers as specified in this article.
(c)
The effects of radio frequency emissions on persons or the environment must not
be considered in a proceeding involving an application for a specific use permit.
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(d)
The following procedures will be followed by the City Council in considering an
application for a specific use permit:
(1)
A public hearing must be held in accordance with Section 28 of the
City's Land Use Ordinance;
(2)
At the first regular City Council meeting following the public hearing,
any Council member making a motion to deny the application and any
Council member seconding the motion of denial will state his or her reasons
for making the motion or seconding the motion for denial;
(3)
Before the vote is called, any Council member proposing to vote in favor of
the motion of denial must state his or her reasons for supporting the motion;
(4)
If the Council votes to deny the application for the specific use permit, the
city attorney will prepare a proposed written decision for the City Council to
consider at a following meeting. The proposed decision must include a
written record of the evidence received by the Council relevant to the
Council's decision. The decision to deny the application is not final until the
Council adopts a written decision.
Section 32.4. Application Procedures.
An application for a specific use permit for a tower, antenna, or use of an alternative tower
structure must be made to the Planning Department. An application will not be considered
until it is complete. A complete application must contain the following:
(a)
An inventory of the applicant's existing towers that are either within the City or within
one mile of the corporate limits, specifying the location, height, and design of each
tower. The Planning Department may share the information with other applicants
for a specific use permit under this article.
(b)
Site plans to scale specifying the location of tower(s), transmission building and
other accessory uses, street access, parking, fences, landscaped areas, and
adjacent land uses.
(c)
A report from a professional structural engineer licensed in the State of Texas
documenting the following:
(1) Tower height and design, showing a cross-section of the tower structure.
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(2)
Total anticipated capacity of the tower structure, including the number and
types of antennas which can be accommodated.
(d)
A letter of intent to lease excess space on the tower and to lease additional excess
land on the tower site when the shared use potential of the tower is absorbed,
if structurally and technically possible.
(e)
Each applicant must make a good faith effort to substantially demonstrate that no
existing towers could accommodate the applicant's proposed antenna by doing the
following:
(,1)
The applicant must contact the owners of all existing towers of a height
roughly equal to or greater than the height of the tower proposed by the
applicant. A list must be provided of all owners contacted, the date of the
contact, and the form and content of the contact. Where an existing tower is
known to have capacity for additional antennas of the sort proposed, that
application for a new tower is not complete until the owner of the existing
tower responds, unless the applicant submits sufficient information for the
Planning Department to determine that all reasonable efforts to obtain a
response have been made and further efforts would be futile.
(2)
The applicant must request the following information from each tower owner
contacted:
a. Identification of the site by location, existing uses, and tower height.
Whether each tower could structurally accommodate the antenna
proposed by the applicant without requiring structural changes be made
to the tower. To enable the owner to respond, the applicant must
provide each owner with the height, length, weight, and other relevant
data about the proposed antenna.
Whether each tower could structurally accommodate the proposed
antenna if structural changes were made, not including totally rebuilding
the tower. If so, the owner must specify in general terms what structural
changes would be required.
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If structurally able, would shared use by the existing tower be precluded
for reasons related to RF interference. If so, the owner must describe in
general terms what changes in either the existing or proposed antenna
would be required to accommodate the proposed tower, if at all.
(3)
The Planning Department must maintain and provide, on request, records of
responses from each owner. Once an owner demonstrates an antenna of
the sort proposed by the applicant cannot be accommodated on the owner's
tower as described below, the owner need not be contacted by future
applicants for antennas of the sort proposed.
(4)
Shared use is not precluded simply because a reasonable fee for shared use
is charged, or because of reasonable costs necessary to adapt the existing
and proposed uses to a shared tower. The Planning Department and the
City Council may consider expert testimony to determine whether the fee and
costs are reasonable. Costs exceeding new tower development are
presumed unreasonable.
(f)
Any other information which may be requested by the Planning Department to fully
evaluate and review the application and the potential impact of a proposed tower or
antenna.
Section 32.5. General Requirements and Regulations.
(a)
(b)
No advertising is permitted on an antenna or tower.
No signs or illumination are placed on an antenna or tower unless required by the
FCC, FAA or other state or federal agency of competent jurisdiction. The Planning
Department may review the available lighting alternatives and approve the design
that would cause the least disturbance to the surrounding uses and views.
(c)
A new cell may not be established if there is a technically suitable space available
on an existing tower within the search area that the new cell is to serve. For the
purpose of this article, the search area is defined as the grid for the placement of
the antenna.
(d) A tower must not be located in the required front yard in a residential district.
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(e)
All free-standing towers (not mounted on rooftops or alternative tower structures)
must conform to the following minimum tower separation requirements:
TOWER <50 50- 101- > 150
HEIGHT feet 100 fl. 150 ft. feet
<50 ft. 300' 500' 750' 1000'
50-100 ft. 500' 750' 1000' 1500'
101-150 ft. 750' 1000' 1500' 2000'
>150 ft. 1000' 1500' 2000' 2500'
Section 32.6. Visual Impacts.
(a)
Towers must either maintain a galvanized steel finish or, subject to any applicable
standards of the FAA or other applicable federal or state agency, be painted a
neutral color, so as to reduce visual obtrusiveness.
(b)
At a tower site the design of the building and related structures must use materials,
colors, textures, screening, and landscaping that will blend the tower and facilities to
the natural setting and built environment.
(c)
If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible.
(d) Towers clustered at the same site must be of similar height and design.
(e)
Towers must be the minimum height necessary to provide parity with existing similar
tower supported antenna, and must be freestanding where the negative visual effect
is less than would be created by use of a guyed tower.
Section 32.7. Principal, Accessory, and Joint Uses.
(a)
Accessory structures used in direct support of a tower is allowed but must not be
used for offices, vehicle storage or other outdoor storage. Mobile or immobile
equipment not used in direct support of a tower shall not be stored or parked on the
site of the tower, unless repairs to the tower are being made.
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(b)
Towers may be located on sites containing another principal use in the same
buildable area. Towers may occupy a parcel meeting the minimum lot size require-
ments for the zoning district in which it is located. For a monopole tower, the
minimum distance between the tower and any other principal use located on the
same lot shall be 20% percent of the tower height or 25 feet, whichever is greater.
(c)
Placement of more than one tower on a lot is permitted, provided all setback, design
and landscape requirements are met as to each tower. Structures may be located
as close to each other as technically feasible, provided tower failure characteristics
of the towers on the site will not lead to multiple failures in the event that one fails.
Section 32.8. Shared Use,
(a)
To encourage shared use of towers, no building permit or specific use permit is
required for the addition of antennas to an existing tower so long as the height of
the tower or structure on which the antenna is placed is not increased and the
requirements of this article are met.
(b)
Any specific use permit which is granted for a new tower is specifically subject to the
condition that the tower owner abide by the following provisions relating to shared
use, regardless of whether or not the ordinance granting the permit contains the
conditions:
(1)
The tower owner must respond in a timely, comprehensive manner to a
request for information from a potential shared use applicant;
(2)
The tower owner must negotiate in good faith for shared use by third parties;
and
(3)
The tower owner must allow shared use where the third party seeking the
use agrees in writing to pay reasonable, pro rata charges for sharing,
including all charges necessary to make modifications of the tower and
transmitters to accommodate the shared use, and to observe whatever
technical requirements are necessary to allow shared use without creating
interference.
(c)
The willful failure of an owner whose tower was approved under this article to
comply with the requirements of this section is grounds for withholding approval of
any application by the owner for a building permit for the approved tower, for
revoking the specific use permit granted for the tower, and for refusing to approve a
new specific use permit for any new tower or antenna.
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ORDINANCE NO. 509-H
Section 32.9. Abandoned Towers.
(a)
Any antenna or tower that is not operated for any continuous period of 12 months is
deemed abandoned, whether or not the owner or operator intends to make use of
the tower. The owner of an abandoned antenna or tower and the owner of the
property where tower is located must remove the tower or antenna. If the antenna
or tower is not removed within 60 days of receipt of notice from the City ordering the
removal, the City may remove tower or antenna and place a lien upon the property
for the costs of the removal.
(b)
If the owner of an abandoned tower or antenna wishes to use the abandoned tower
or antenna, the owner first must apply for and receive all applicable permits and
meet all of the conditions of this article as if the tower or antenna were a new tower
or antenna.
Section 32.10. Pre-Existing Towers and Non-Conforming Uses.
All communications towers operative prior to the effective date of this article, are allowed to
continue their present usage as a nonconforming use and are treated as a non-conforming
use in accordance with the zoning regulations. Routine maintenance is permitted on the
existing towers. Construction other than routine maintenance on an existing communi-
cation tower must comply with the requirements of this article.
Section 32.'1'1. Public Property.
Antennas or towers located on property owned, leased or otherwise controlled by the City
are exempt from the requirements of this article.
CHAPTER 33. AMENDMENTS
Section 33.'1. Authority.
The City Council may from time to time amend, supplement, or change by ordinance the
boundaries of the district or the regulations herein established.
Section 33.2. Submission to Planning and Zoning Commission.
Before taking action on any proposed amendment, supplement or other change, the
City Council shall submit the proposed revision to the Planning and Zoning Commission for
its recommendation and report.
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Section 33.3. Public Hearing - Planning and Zoning Commission.
The Planning and Zoning Commission shall make a preliminary report and hold public
hearings thereon before submitting its final report. Written notice of all public hearings
before the Planning and Zoning Commission on proposed changes and classification shall
be sent to owners of real property lying within two hundred (200) feet of the property on
which the change and classification is proposed, such notice to be given not less than ten
(10) days before the date set for hearing to all such owners who have rendered their said
property for City taxes as the ownership appears on the last approved City tax rolls. Such
notice may be served by depositing the same, properly addressed and postage paid, in the
City post office. Where property lying within two hundred (200) feet of the property
proposed to be changed is located in territory which was annexed to the City after the final
date for making renditions which are included on the last approved City tax roll, notice to
such owners shall be given by publication in the manner provided in Subsection 33.4 of this
Section.
Section 33,4. Public Hearing - City Council.
After receipt of the final report from the Planning and Zoning Commission, a public hearing
shall be held by the City Council before adopting any proposed amendment, supplement,
or change. Notice of such hearing shall be given by publication one time in a paper of
general circulation in the City, stating the time and place of such hearing, which time shall
not be less than fifteen (15) days nor more than thirty (30) days from the date of
publication. However, the City Council may, after giving published notice required herein,
hold such public hearing jointly with the Planning and Zoning Commission, but the
City Council shall not take action until it has received the final report from the Planning and
Zoning Commission.
When the Planning and Zoning Commission determines that a proposal should be denied,
it shall so report and recommend to the City Council and notify the applicant. When a
proposed zoning request is heard by the City Council that has been denied bythe Planning
and Zoning Commission, a three-fourths (3/4) majority vote of all members of the City
Council entitled to vote on the question shall be required for approval. A request which has
been denied by the Planning and Zoning Commission and/or City Council may be
resubmitted at any time for reconsideration by the city (a new filing fee must accompany
the request). The Planning and Zoning Commission and/or City Council may deny any
request with prejudice. If a request has been denied with prejudice the request may not be
resubmitted to the city for one year from the original date of denial.
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Section 33.5. Vote Required in the Event of Protest.
If a proposed change to a regulation or boundary is protested in accordance with this
section, the proposed change must receive, in order to take effect, the affirmative vote of at
least three-fourths (3/4) of all members of the City Council entitled to vote on the question.
The protest must be written and signed by owners of at least 20 percent of either:
(1) the area of the lots or land covered by the proposed change; or
(2)
the area of the lots or land immediately adjoining the area covered by the proposed
change and extending 200 feet from that area.
In computing the percentage of land area, the area of streets and alleys shall be included.
Section 33.6. Appeals from Decisions of the Planning and Zoning Commission.
Any person aggrieved by a decision of the Planning and Zoning Commission may appeal
such decision to the City Council by filing with the City Secretary a verified petition
addressed to the City Council setting forth the reasons such person believes such decision
to be unjust, in whole or in part, and specifying the alleged grounds or injustice. Such
petition shall be filed with the City Secretary within ten (10) days after the final decision and
not thereafter for notification and calling of a public hearing to consider and act on the
appeal.
Section 33.7. Posting property for zoning changes.
Any person, firm or corporation requesting a change in zoning from one district
classification to another district classification shall be required to maintain a sign or
signs, provided and caused to be placed by the Community Development Department,
upon the property for which a change in zoning has been requested, which sign or
signs shall be located as follows:
a) One sign for the first three hundred (300) feet of each street frontage and one
sign for each additional three hundred (300) feet of street frontage, shall be
located within thirty (30) feet of the abutting street, or as determined by the City
Manager or his/her designee.
b) So as to be dearly visible and readable from the public right-of-way and not
obstructed in any manner.
c) So as not to create a hazard to traffic on the public rights-of-way abutting the
property.
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d) On the subject property at least ten (10) days prior to the hearing of such zoning
request by the Planning and Zoning Commission, and to remain continuously on
said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant after a recommendation by the
Planning and Zoning Commission shall constitute a withdrawal of the request.
e) The signs, caused to be placed by the Community Development Department shall
be of a size, type, and message content as determined by the Director of the
Community Development Department but shall advise that rezoning is requested
and shall list the telephone number of the Department of Community
Development for more information.
f) Upon making an application for a zoning change, the Community Development
Department will place sign(s) as required by this section. After the zoning change
is approved in final form by the City Council, denied by the City Council, or
withdrawn by the applicant, the City shall remove the sign from the area of the
request within ten (10) days of such event.
g) It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a
sign which gives notice that a rezoning has been requested.
h) In the event the applicant shall fail to maintain signs in accordance with section
33.7, then the public hearing(s) before either the Planning and Zoning
Commission or the City Council, shall be postponed to a date in the future which
would allow time for compliance.
i) The erection of any sign required by this section shall not require a permit under
the city sign ordinance.
j) The owner or applicant shall promptly notify the Community Development
Department to replace any sign required by this ordinance which becomes lost,
stolen or vandalized. The Planning and Zoning Commission and the City Council
shall have the power to decide whether or not there has been substantial
compliance with the posting requirements in the case of lost, stolen or vandalized
signs.
120
ORDINANCE NO. 509-H
CHAPTER 34. ADMINISTRATION, ENFORCEMENT AND FEES
Section 34.1. Administrative Official.
The Enforcing Officer as designated by the City Manager shall administer this Ordinance.
Section 34.2. Duties of the Enforcing Officer.
Every application for a Building Permit for construction, moving, alteration or change
in a type of use or type of occupancy shall be accompanied by a written statement
and plans, or plats, drawn to scale, showing the following in sufficient detail to
enable the Enforcing Officer to ascertain whether the proposed work or use is in
compliance with the provisions of this Ordinance, the Building Code and other City
ordinances:
(a)
The actual shape, location and dimensions of the lot or building plot with
sufficient information to locate the plot on the ground;
(b) All existing streets, alleys, utilities and other pertinent site amenities;
(c)
The shape, size and location of all buildings, or other structures, to be
erected, altered or moved and of any other buildings, or other structures,
already on the plot;
(d) The existing and intended use of the plot and all structures upon it;
(e)
Curb cuts, sidewalks, free standing signs, paved parking areas, landscaping,
fire lanes, marked parking stalls, vehicle circulation provisions;
(f)
Land Use Plan of existing adjacent property uses on all sides of proposed
development; and
(g)
Such information concerning the plot or adjoining lots or other matters as
may be essential for determining whether the provisions of this Ordinance
and other ordinances are being observed.
=
If the proposed construction, moving, alteration, or use of the land as set forth in the
application is in conformity with the provisions of this Ordinance, the Enforcing
Officer may issue a Building Permit.
121
ORDINANCE NO. 509-H
Issuance of a Building Permit does not waive any provisions of this Ordinance or
any other City ordinance, and a permit issued in error shall be void.
The Enforcing Officer is not empowered to grant any exception to the actual
meaning of any clause, order or regulation contained in this Ordinance.
The Enforcing Officer is not empowered to make changes in this Ordinance or vary
the terms of this Ordinance in carrying out his duties as Enforcing Officer.
If any application for such a Building Permit is not approved, the Enforcing Officer
shall state in writing one or more of the causes for such disapproval.
Section 34.3. Building Permits.
No person shall erect or construct or proceed with the erection or construction of
any building or structure nor add to, enlarge, move, improve, alter, repair, convert,
extend or demolish any building or structure nor begin excavation for any
construction nor cause any of the foregoing in any zoning district without first
applying for and obtaining a permit therefore from the Enforcing Officer. The
Enforcing Officer shall not issue a building permit and/or certificate of occupancy
until the applicant has complied with all requirements of this ordinance and all other
applicable City ordinances and regulations.
Plans submitted with an application for a Building Permit shall be reviewed and shall
be subject to approval by the City.
No vacant land shall be occupied and no building or structure hereafter erected or
structurally altered, and no change in occupancy of a building, part of a building or
land shall be made until after the Enforcing Officer shall have issued a Certificate of
Occupancy therefore. The Certificate of Occupancy shall not only state the
information as required under the Building Code, but shall also state the occupancy
authorized is in compliance with the Zoning Ordinance. Occupancy other than that
authorized in the Certificate of Occupancy shall be unlawful.
Section 34.4. Certificate of Occupancy.
No nonconforming use shall be renewed, changed or extended without a Building Permit or
Certificate of Occupancy authorizing such renewal, change or extension.
122
ORDINANCE NO. 509-H
Application for a Certificate of Occupancy shall be made in writing either coincident
with an application for a building permit, or may be applied for directly, and such
certificate shall be issued or refused within five (5) days after the Enforcing Officer
has been notified that the building or premises is ready for occupancy.
No permanent water, sewer, electrical, gas, telephone, or other public utility
connection shall be made to any land, building, structure, or portion thereof until and
after a Certificate of Occupancy has been issued by the Enforcing Officer.
Upon request of the owner or authorized representative, the Enforcing Officer may
issue a temporary Certificate of Occupancy for the temporary use and occupancy of
a portion of building prior to the completion and occupancy of the entire building
provided such temporary occupancy or use will not in any way or manner jeopardize
life or property. Such permit may be issued for a period not exceeding six (6)
months.
Section 34.5. Violations.
If the Enforcing Officer shall find that any of the provisions of this Ordinance are
being violated, he shall, when necessary, give notice to the person responsible to
cease such violations forthwith.
Written notice may be delivered in person or by mail to a violator or to any person in
charge of property where a violation is occurring. Verbal notice may be given to a
violator in person by the Enforcing Officer or his deputy. Either notice shall be
effective.
In their interpretation and application, the provisions of this Ordinance shall be held
to be minimum requirements adopted for the promotion of public health, safety,
morals, and general welfare. Whenever the requirements of this Ordinance are at
variance with the requirements of any other lawfully adopted rules, regulations or
ordinances, the requirement that is most restrictive or that imposes higher standards
as determined by the Enforcing Officer shall govern.
123
ORDINANCE NO. 509-H
Section 34.6. Enforcement and Penalties.
Any person, firm or corporation violating any of the provisions of this Ordinance shall be
guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to
exceed $2,000.00 for each offense. Each day such violation continues to exist shall
constitute a separate offense. But in case any person, firm or corporation violates any of
the provisions of this Ordinance or fails to comply therewith, the City of Pearland, in
addition to imposing the penalties above provided, may institute any appropriate action or
proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act,
conduct, business or use in or about any land; and the definition of any violation of the
terms of this Ordinance as a misdemeanor, shall not preclude the City of Pearland from
invoking the civil remedies given it by law in such cases; but same shall be cumulative of
and in addition to the penalties prescribed for such violation.
Section 34.7. Fees.
Every application for a zone change or variance shall be accompanied by a filing fee in an
amount sufficient to defray the actual cost of processing the application. Such application
fee shall be based upon average current cost to the City of Pearland and shall be
established and amended by Resolution of the City Council.
Section 34.8. Enactment.
All orders, ordinances, or parts of ordinances in conflict with this Ordinance or inconsistent
with the provisions of this Ordinance, are hereby repealed only to the extent necessary to
give this Ordinance full force and effect. Ordinance 246, heretofore adopted by the
City Council on February 26, 1973, is hereby expressly repealed.
Section 34.9. Severability Clause.
Should any word, clause, phrase, sentence, section or provision of this Ordinance be
declared by the courts to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole or any part thereof other than the part so declared to
be unconstitutional or invalid, and the remainder hereof shall remain in full force and effect.
Section 34.10. Effective Date.
This Ordinance shall be effective and in full force on the tenth day after its publication by
caption in the official newspaper of the City of Pearland, Texas.
124
ORDINANCE NO. 509-H
Section 34.11. Incorporation Into Code of Ordinances.
It is the intention of the City Council, and it is hereby ordained, that the provisions of this
Ordinance shall be made a part of the Code of Ordinances City of Pearland, Texas, and
the sections of this Ordinance may be renumbered to accomplish such intention.
125
TABLE H
LOT MEASUREMENTS
W- WIDTH
D - DEPTH
STREET R. 0.IL
BLDGI LINE*~''
I
I
N
8o~
LESS THAN
OF REQD.
STREET R.O.I~. ,~WlDTH
BLDG. LIN~ T"w~
STREE~
BLDG. LINE
\/~--,,~w/.,.,,.. BLDG. LINE
[ TU~ ~ ILRY BE LESS THAN
ORDINANCE NO. 509-H
SD
R-E
R-1
R-2
R-3
R-4
MF
MH
V
OP
NS
GB
C
M-1
M-2
TABLE III
ZONING SYMBOLS
SUBURBAN DEVELOPMENT DISTRICT
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT
SINGLE FAMILY DWELLING DISTRICT
SINGLE FAMILY DWELLING DISTRICT
SINGLE FAMILY DWELLING DISTRICT
SINGLE FAMILY DWELLING DISTRICT
MULTI-FAMILY DWELLING DISTRICT
MOBILE HOME PARK DISTRICT
VILLAGE DISTRICT
OFFICE AND PROFESSIONAL DISTRICT
NEIGHBORHOOD SERVICE DISTRICT
GENERAL BUSINESS (RETAIL)
COMMERCIAL DISTRICT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
SYMBOLS APPLICABLE TO THE SCHEDULE OF USE TABLES:
YES
NO
S
PUD
Designates use permitted in district so marked.
Designates use prohibited in district so marked.
Indicates use may be approved in the district so
marked when in compliance with the provisions
established under Section 25.
Designates Planned Unit Development.
128
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Agricultural Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Field Crops
Agricultural Yes S S S S S S S S S S Yes Yes
Animal Husbandry
Orchard Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Unscheduled/New S S S S S S S S S S S S S
Agricultural Uses
Single Family S Yes Yes Yes Yes Yes S S S S No No No
Dwelling Detached
Single Family No No No No PUD Yes No S S S No No No
Dwelling Attached
Town Houses
Two Family No No No No No Yes No S S S No No No
Dwelling
Multi-Family No No No No No Yes No No No No No No No
Dwelling
Boarding Or No No No No No Yes No S No Yes Yes No No
Rooming House
Apartment No No No No No Yes No S No Yes Yes No No
Hotel
Patio Homes No No No PUD Yes Yes S S No No No No No
Hotel Or No No No No No No No Yes No Yes Yes No No
Motel
Manufactured No No No No No No Yes No No No No S S
Home
Mobile Home No No No No No No No No No No No S S
Unscheduled/New No No No No PUD PUD PUD S No No No No No
Residential Uses
A C C ES SO RY E NTA U S ES : : : ::
Accessory S Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Building
Social & No S S S S Yes Yes Yes Yes Yes Yes Yes Yes
Recreational
Building
Farm Accessory Yes S S S S S S S S S Yes Yes Yes
Building
129
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Off-Street No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Parking
Incidental to
Residential
Main Use
Off-Street No S S S S S S Ye~s Ye..._~sYe._._~s Ye~s Ye___.~s Yes
al to
Non residential
Main Use
Servant, Care- S Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes S S
takers Or
Security
Quarters
Swimming Pool S Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Private
I N STIT uTIONALAN D sPECIAE SERVICE USES
Church Rectory S Yes Yes Yes Yes Yes S S S S S No No
Civic Center No No No No No No No S Yes Yes Yes No No
Convent Or S No No No No Yes No No No No No No No
Monastery
Day Nursery Or No S S S S S S Yes Yes Yes Yes No No
Kindergarten
Fraternity Or No S S S S S No Yes Yes Yes Yes No No
Sorority Lodge Or
Civic Club
(No Liquor)
Home For Alco- No No No No No S No S No S S No No
holic, Narcotic or
Psychiatric
Patients
Hospital (General No No No S No S No S Yes Yes Yes No No
Acute Care)
Hospital No No No S No S No S Yes Yes Yes No No
(Chronic Care)
Institutions of
Religious or S S S S S S S Yes Yes Yes Yes No No
Philanthropic
Nature
Library, Art, No No No No No S No Yes Yes Yes Yes No No
Gallery or
Museum
Public Admini- S S S S S S S Yes Yes Yes Yes Yes Yes
stration offices
Residence Home No No No No No S S S No Yes No No No
For Aged
Schools, Private S S S S S Yes S Yes Yes Yes Yes No No
College or
University
130
SCHEDULE SD R-1 R-2 R-3 R-4 ME MH OP NS GB C M-1 M-2
OF USES R-E
Schools, Public S S S S S Yes S Yes Yes Yes Yes No No
Or Parochial
Unscheduled/New S S S S S S S S S S S S S
Institutional Uses
Electrical S S S S S S S S S S S S S
Substation
Electric Power S No No No No No No No No No S S S
Generating Plant
Fire Station S S S S S S S Yes Yes Yes Yes Yes Yes
Gas Transmission S S S S S S S S S S S S S
& Metering Station
Local Utility Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Distribution Lines
Radio or Tele- No No No No No No No S S S S S S
vision or Micro-
wave Towers
(Commercial)
Radio or Tele- No No No No No No No S S S S S S
vision Trans-
mitting Station
(Commercial)
Sewage Pumping S S S S S S S S S S S S S
Station
Sewage Treatment S S S S S S S S S S Yes Yes Yes
Plant
Railroad Tracks & S S S S S S S S S S S S S
Right-Of-Way
Railroad Team No No No No No No No No No No Yes Yes Yes
Track or Freight
Depot
Telephone No No No No No No No Yes Yes Yes Yes Yes Yes
Business Office
Telephone Ex- S S S S S S S S S S S S S
Change Switching
Relay & Trans-
mitting Equipment
Public Utilities S S S S S S S S S S S S S
Other Than Listed
131
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-t M-2
OF USES R-E
Utility Shops or
Storage, Yards No No No No No No No No No S Yes Yes Yes
and Building
Water Treatment S S S S S S S S S S Yes Yes Yes
Plant
Water well, S S S S S S S S S S S S S
Reservoir, Pump-
ing Station or
Storage
Unscheduled/New S S S S S S S S S S S S S
sUtility & Related
ervlce Uses
s
Amusement, S No No No No No No S Yes Yes Yes Yes Yes
Commercial
Outdoodlndoor
Country Club S S S S S Yes Yes Yes Yes Yes Yes Yes Yes
Drag Strip No No No No No No No No No No S S S
Fairgrounds No No No No No No No No No No Yes Yes Yes
Park Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Playground
Private Club No No No No No S S S Yes Yes Yes Yes Yes
Recreation No No No No No S S S Yes Yes Yes Yes Yes
Center
Tennis or No S S S S Yes Yes Yes Yes Yes Yes Yes Yes
Swim Club
Unscheduled/New S S S S S Yes Yes Yes Yes Yes Yes Yes Yes
Recreational Uses
AU TOM OB iLE L~T US ES : ::
Auto Car Wash No No No No No No No No Yes Yes Yes Yes Yes
Auto SaFes and No No No No No No No No No Yes Yes Yes Yes
Repair (in Bldg)
Auto SaFes-New or No No No No No No No No No Yes Yes Yes Yes
Used Car Lot
(Open)
Auto Painting & No No No No No No No No No No Yes Yes Yes
Auto Body Shop
132
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Gasoline Service No No No No No No No No Yes Yes Yes Yes Yes
Station
Parking Lot or No No No No No No No Yes S Yes Yes Yes Yes
Structure,
Commercial-Auto
Parking Lot No No No No No No No No No No Yes Yes Yes
Truck Storage
Sale Used Auto No No No No No No No No No No Yes Yes Yes
Parts in Bldg.
Sale New Auto No No No No No No No No No Yes Yes Yes Yes
Accessories &
Pads in Bldg.
Seat Cover or No No No No No No No No No Yes Yes Yes Yes
Muffler Install-
ation Shop
Tire Retreading No No No No No No No No No No Yes Yes Yes
and Capping
Wreckingor No No No No No No No No No No No S Yes
Salvage Yard for
Autos or Pads
Unscheduled/ No No No No No No No No Yes Yes Yes Yes Yes
New Automobile
Related Uses
.ETA,L :
Antique Shop No No No No No No No Yes Yes Yes Yes Yes Yes
Ad Supply No No No No No No No Yes Yes Yes Yes Yes Yes
Store
Animal Clinic No No No No No No No No No S Yes Yes Yes
or Hospital (No
Outside Pens)
Bank or Savings No No No No No No No Yes Yes Yes Yes Yes Yes
& Loan Office
Book and No No No No No No No Yes Yes Yes Yes Yes Yes
Stationery Store
Barber and No No No No No No No Yes Yes Yes Yes Yes Yes
Beauty Shop
Bakery or No No No No No No No Yes Yes Yes Yes Yes Yes
Confectionery
Shop (Retail
Sales)
Cafe, Cafeteria No No No No No No No Yes Yes Yes Yes Yes Yes
or Restaurant
133
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Camera Shop No No No No No No No Yes Yes Yes Yes Yes Yes
Cleaning Shop No No No No No S S No Yes Yes Yes Yes Yes
or Laundry
(Limited Area)
Cleaning or No No No No No No No No Yes Yes Yes Yes Yes
Laundry Pick-Up
Station
Cleaning or No No No No No Yes Yes No Yes Yes Yes Yes Yes
Laundry Self-
Service Shop
Clinic, Medical No No No No No No No Yes Yes Yes Yes Yes Yes
or Dental
DrugStore No No No No No No No Yes Yes Yes Yes Yes Yes
or Pharmacy
Department Store No No No No No No No No No Yes Yes Yes Yes
or Discount
House
Supermarket No No No No No No No No No Yes Yes Yes Yes
Convenience No No No No No No No Yes Yes Yes Yes Yes Yes
Store
Furniture or No No No No No No No No No Yes Yes Yes Yes
Appliance Store
Florist Shop & No No No No No No No Yes Yes Yes Yes Yes Yes
Inside Plant
Sales
Garden Shop & No No No No No No No No No Yes Yes Yes Yes
Outside Plant
Sales
Handcraft & Art No No No No No No No Yes Yes Yes Yes Yes Yes
Object Sale
Hardware Store No No No No No No No No No Yes Yes Yes Yes
Hobby Shop No No No No No No No No Yes Yes Yes Yes Yes
Key Shop No No No No No No No No Yes Yes Yes Yes Yes
Laboratory No No No No No No No Yes Yes Yes Yes Yes Yes
Medical or Dental
Letter or Copy No No No No No No No Yes Yes Yes Yes Yes Yes
Shop
134
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Medical
Appliances & No No No No No No No Yes Yes Yes Yes Yes Yes
F~nal & Sales
Mortuary, No No No No No No No No No Yes Yes Yes Yes
Cemetery
Office or No No No No No No No Yes Yes Yes Yes Yes Yes
Professional
Optical Shop No No No No No No No Yes Yes Yes Yes Yes Yes
or Laboratory
Package Store No No No No No No No No Yes Yes Yes Yes Yes
Pawn Shop No No No No No No No No No Yes Yes Yes Yes
Pet Shop-Small No No No No No No No No Yes Yes Yes Yes Yes
Animals, Birds or
Fish
Personal Custom No No No No No No No Yes Yes Yes Yes Yes Yes
Services, Tailor
Millinery, Etc.
Retail Shops, No No No No No No No Yes Yes Yes Yes Yes Yes
Apparel, Access-
ories, Gifts, &
Similar
Repair of Appli- No No No No No No No No Yes Yes Yes Yes Yes
ances, T.V.,
Radios, & Similar
Equipment
Shoe Repair No No No No No No No No Yes Yes Yes Yes Yes
Sicjn Manufac- No No No No No No No No No Yes Yes Yes Yes
tunng Business
Signs (Billboards) No No No No No No No No No No No No No
Adverbsing
Signs, No No No No No No No Yes Yes Yes Yes Yes Yes
Monument(On
Premise)
Signs, Church Yes S S S S Yes Yes Yes Yes Yes Yes Yes Yes
and School
Signs, Real Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Estate
Studio, Photo- No No No No No No No Yes Yes Yes Yes Yes Yes
~apher, Artist,
usic, Drama,
Dance
Studio, Health No No No No No No No S Yes Yes Yes Yes Yes
Reducing, or
Similar Service
135
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Studio, Decorator No No No No No No No Yes Yes Yes Yes Yes Yes
& Display of Art
Objects
Tavern No No No No No No No No No Yes Yes Yes Yes
Travel Bureau No No No No No No No Yes Yes Yes Yes Yes Yes
or Consultant
Veterinarian, No No No No No No No No Yes Yes Yes Yes Yes
Office (No Animal
Hospital or Out-
side Pens)
Variety Store No No No No No No No No Yes Yes Yes Yes Yes
Unscheduled/New No No No No No No No S S S S S S
Business Service
Uses
coMMERCIAL N REdATEI USES
Bakery, Cannery No No No No No No No No No S Yes Yes Yes
Wholesale
Building Material No No No No No No No No No S Yes Yes Yes
Sales
Cabinet or No No No No No No No No No S Yes Yes Yes
Upholstery Shop
Clothing Manu- No No No No No No No No No No Yes Yes Yes
facturing, or
Similar Light
Manufacturing
Process
Cleaning, Dyeing No No No No No No No No No No No Yes Yes
o_.r Laundry ,Plan[,
uommerclal
Contractors, No No No No No No No No No No S Yes Yes
Storage or Equip-
ment Yard
Dance Hall or No No No No No No No No No S Yes Yes Yes
Night Club
Drive-In No No No No No No No No No S Yes Yes Yes
Theater
Heavy Machinery No No No No No No No No No No S Yes Yes
Sales, Storage
& Repair
Open Storage & No No No No No No No No No No Yes Yes Yes
Sale of Furniture
Appliances
136
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Lithographer or No No ' No No No No No No No Yes Yes Yes Yes
PrintShop
Milk Depot, Dairy No No No No No No No No No No Yes Yes Yes
or Ice Cream
Plant
Maintenance and No No No No No No No No No No Yes Yes Yes
Repair Service
for Building
Laboratory No No No No No No No S S S Yes Yes Yes
Scientific or
Research
Laboratory, No No No No No No No No No No Yes Yes Yes
Manufacturing
Reproduction, No No No No No No No Yes No Yes Yes Yes Yes
Blueprints
Plumbing Shop No No No No No No No No No No Yes Yes Yes
Railroad or Bus No No No No No No No No No Yes Yes Yes Yes
Passenger
Station
Railroad Team No No No No No No No No No No No Yes Yes
Tracks, Freight,
Depot or Docks
Storage and Mini- No No No No No No No No No S S S S
Warehouse
Trade or No No No No No No No No No S Yes Yes Yes
Commercial
Schools
Trailer & Mobile* No No No No No No No No No No Yes Yes Yes
Home Sales or
Rental Only
Transfer Storage No No No No No No No No No No Yes Yes Yes
& Baggage
Terminal
Veterinarian No No No No No No No No No No Yes Yes Yes
Hospital or
Kennel
(Outside Pens)
Welding or No No No No No No No No No No S Yes Yes
Machine Shop
Wholesale Office No No No No No No No No No No Yes Yes Yes
Storage or Sales
Storage & Sale No No No No No No No No No No S S S
Liquifled
Petroleum
* NO RESTRICTION ON NUMBER OF UNITS ON THE SALES LOT. RENTALS ARE FOR "OFF-SITE" USE ONLY.
137
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Pipe Storage No No No No No No No No No No S Yes Yes
Yard
Pipe Processing No No No No No No No No No No S S Yes
Bulk Storage of No No No No No No No No No No S S S
Petroleum Prod-
ucts (Wholesale)
Chemical No No No No No No No No No No No S S
Pack!ng and/or
Blen(]ing
Warehouse and No No No No No No No No No No S Yes Yes
Distribution
Facilities
Unscheduled and No No No No No No No No No No S S S
New Commercial
Uses
iNDuSTRiAL
Light Manu- No No No No No No No No No No No Yes Yes
facturing Process I I I I I I I I I I I I I
FO LLoW,NC USES:
( T E M p O ~R~P L A N T S: P E R M ITTED B~ R ESOEUTION OE ClT¥ CO U NClE)
Airport, Hell- S No No No No No No S S S S S S
PF~erld°r Landing
Asphalt No No No No No No No No No No No No No
Batching Plants
Minor Concrete
Batching
Operations &
S[orage of
Associated
No No No No No No No No No No S S Yes
Processing
Material
(Restricted to 1.5
Yards or less per
batch)
Concrete No No No No No No No No No No No No Yes
Batching Plants
Storage of Shell No No No No No No No No No No No No Yes
Spoil, Sand and
Gravel
Commercial Ex- No No No No No No No No No No No No Yes
traction of Soil,
Sand and Gravel
Storage of Pro- No No No No No No No No No No No No Yes
cessing or Sulfur,
Cement or
Similar Material
138
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2
OF USES R-E
Manufacturing,
Industrial Storage
or Assembly No No No No No No No No No No No No Yes
Process Not Pro-
hibited by Law By
Excluding Those
Listed in Section
15
Wreckingor No No No No No No No No No No No No Yes
SalvageYard
(Auto, Steel)
Wreckingor No No No No No No No No No No No S Yes
SalvageYard
(Build~ng
Material)
Refuse Dump No No No No No No No No No No No S S
and
Sanitary Landfills
139
TABLE IV
PASSENGER AND MERCHANDISE LOADING SPACES
A. MERCHANDISE LOADING SPACE REQUIREMENTS
GROSS FLOOR AREA -- SQUARE FEET
SPACES REQUIRED
10,000 up to and including 27,000
27,001 up to and including 40,000
40,001 up to and including 100,000
100,001 up to and including 160,000
160,001 up to and including 240,000
240,001 up to and including 320,000
320,001 up to and including 400,000
and
For each additional 90,000 over 400,000
1
2
3
4
5
6
7
B. PASSENGER LOADING SPACE REQUIREMENTS: Marked off-street passenger loading spaces
shall be required for the following enumerated use classes in lieu of the above merchandise loading spaces.
NUMBER OF REQUIRED ADDITIONAL
USE LOADING SPACES FOR EACH REQUIREMENTS
(1) Day-Care Center 2 1st 20 children 1 for each
additional 20
students
(2)
Educational
(a) Pre-School and 1 2 classrooms
Kindergartens
(b) Elementary School 1 2 classrooms
(c) Junior High 1 4 classrooms
(d) Senior High 1 12 classrooms
(e) Colleges 1 Building
(3)
Health Facilities
(a) General hospital 3 Each patient care
convalescent home building
or sanitarium
140
USES
NUMBER OF
LOADING SPACES
REQUIRED
FOR EACH
ADDITIONAL
REQUIREMENTS
(b) Outpatient,
medical, or
dental clinic
2 physicians
(4)
Motels & Hotels
2
Minimum
1 for each 60
rooms
(5)
Places of Public
Assembly
Churches, school
auditoriums,
fellowship halls,
theaters, mortuaries
transportation waiting
rooms, etc.
1st 400 seats
1 for each
additional 1000
seats
(6)
Recreation and Cultural
Facilities
(a) Amusement park
(b) Bowling Alley
(c) Skating Rink or
dance hall
(d) Swimming pools
(e) Museum and Library
1 acre of parking
24 lanes
Minimum
Minimum
Minimum
(7)
Restaurants or
Food Services
200 seats
141
I-,-
Z
1.1.1
Z
(/) Z '~
I.LI
TABLE VI
SCHEDULE OF OFF-STREET PARKING STANDARDS
USE
NUMBER OF
PARKING SPACES
REQUIRED FOR
EACH
ADDITIONAL
REQUIREMENTS
(~)
RESIDENTIAL
(a) Single Family Dwelling
(b) Townhouse, duplex,
quadruplex or condominium
(c) Apartment, apartment hotel
(d) Boarding or rooming
house
(e) Hotel, motel or tourist
court
(f) Mobile home or house
trailer
(i) Mobile Home
(ii) Travel trailer
(g) Dormitory
2 Dwelling Unit
2 Dwelling Unit
2.5 Dwelling Unit
1.1 Rooming Unit
1.1 Guest room or residence
unit
2 Lot, plot, tract or
stand
1 Lot, plot, tract or
stand
1.5
Two (2) occupants per
designated occupancy
I additional for each
bedroom over 3
1 additional for each
bedroom over 3
(2)
INSTITUTIONAL AND SPECIAL
(a) Community center
(b) School - Elementary
Junior High
Senior High
(c) Place of public assembly
(d) College or university
(e) Church
125 sq. ft. of floor
area
per 20 students
per staff/faculty member
per 15 students
per staff/faculty member
per 3 students
per staff/faculty member
4 seats
165 sq. ft.
5 seats in sanctuary or auditorium
143
USE
NUMBER OF
PARKING SPACES
REQUIRED FOR
EACH
ADDITIONAL
REQUIREMENTS
(f) Kindergarten, day nursery, 1
day care
(g) Hospital 1
(h) Home for the aged and 1
convalescent home
(i) Library 1
(j) Mortuary, funeral chapel
500 sq. ft.
2 beds
4 beds
500 sq. ff. of
public area
4 seats in chapel
1.5 spaces per transport
vehicle or bus or van.
(3)
RECREATION, SPECIAL AND ENTERTAINMENT
(a) Theater 1
(b) Bowling alley 4
(c) Pool halls, coin-machine 1
arcades, other commercial
amusements (indoor)
(d) Commercial amusements 30
(outdoor)
(e) Lodge, fraternal 1
organization
3 seats
Lane
125 sq. ft. of floor
area
plus one additional space for each 1,000 sq. ft. of site
area over 2,000 sq. ft. exclusive of buildings
50 sq. ft. of floor
area
(4)
PERSONAL SERVICE AND RETAIL
(a) Personal service shop (except 1
Barber & Beauty Shops)
(b) Beauty Shops & Barber Shops
(c) Retail stores or shops
(inside)
(d) Outside retail sales
(e) Coin-operated or self
serve laundry or dry
cleaning
1
1
1
1/2
125 sq. ft. of floor
area
per 500 sq. ft. of floor area or 2 per beauty station or
chair, whichever is greater.
200 sq. ft. of floor
area
500 sq. ft. of site
area exclusive of buildings
Machine
144
USE
NUMBER OF
PARKING SPACES
REQUIRED FOR
EACH
ADDITIONAL
REQUIREMENTS
(5)
FOOD AND BEVERAGE SERVICES (Separate Buildings Only)
(a) Fast Food Service 1
(b) Drive-in eating 1
establishment
(c) Cafb, Restaurant,
Cafeteria, and all other
eating or drinking
establishments
75 sq. ft. of floor
area
50 sq. ft. of floor
area
125 sq. ft. of floor
area
Minimum of 8
spaces
Minimum of 12
spaces
(6)
BUSINESS SERVICES
(a) Bank
(b) Savings & loan or similar 1
institution
(c) Medical, or dental clinic 1
or office
(d) Other office, business or 1
professional
200 sq. ft. of floor
area
200 sq. ft. of floor
area
150 sq. ft. of floor
area
200 sq. ft. of floor
area
(7)
AUTOMOTIVE AND EQUIPMENT
(a) Service station
(b) Auto repair, garage or
shop (indoor)
(c) Vehicle or machinery 1
sales
(d) Car wash 1
125 sq. ft. of floor
area
500 sq. ft. of floor
area
500 sq. ft. of floor
area
125 sq. ft. of floor
area
Minimum of 4
spaces
Minimum of 5
spaces
Plus one per 1000
sq. ft. of site
area exclusive of
building and
parking
(8)
STORAGE, WHOLESALE AND MANUFACTURING
(a) Brick or lumber yard 1
or similar area
3000 sq. ft. of site
area
145
NUMBER OF REQUIRED FOR
USE PARKING SPACES EACH
ADDITIONAL
REQUIREMENTS
(b) Open storage of sand,
gravel, petroleum
(c) Warehouse & enclosed
(d) Manufacturing operations
1 3000 sq. ft. of site
area
1 3000 sq. ft. of floor
area
I 500 sq. ft. of floor
area
(9) (a) Shopping Centers, Malls and 1 200 sq. ft. of floor
Multi-occupancy uses over area
3 acres
(10) (a) Any other use 1 165 sq. ft. of floor
area
(11) (a) Multi Use occupancy 1 165 sq. ft. of floor
area
146
Zonin.q District
SD, R-l, R-2,
R-3, R-4, FW
MF, MH, OP
NS
GB
Table VII
SCHEDULE OF SIGN TYPES AND MAXIMUM AREA
Si.qn Type Allowed
Maximum Area of All
Signs Allowed for a
Business With Frontage
Signs permitted
under the "Special
Provisions" portion
of this table and
signs not requiring
permits are allowed
in these districts.
On-premise building
and ground signs
allowed.
120 square feet (ground
sign maximum - 35 square
feet)
On-premise building
and ground signs
allowed.
2 square feet per
lineal foot of
building frontage
up to a maximum of
160 square feet*
(ground sign maxi-
mum - 50 square feet)
On-premise building
and ground signs
allowed.
2 square feet per lineal
foot of building frontage
Up to a maximum of 200
square feet* (ground sign
maximum - 75 square feet)
C, M-l, M-2
PUD
On-premise building
and ground signs
allowed
On-premise building and
ground signs located
and described on the
site plan allowed.
2 square feet per
lineal foot of building
frontage lineal foot
of building frontage
up to a maximum of
300 square feet*
(ground sign maxi-
mum - 100 square feet)
Limited only by site
plan and zoning
limitations.
147
under
of the
*EXCEPTIONS:
In the case of a business with frontage of less than fifty feet (50'), a building
sign(s) not to exceed fifty (50) square feet total shall be allowed.
In the case of a business with frontage of less than twenty five feet (25'), a
ground sign not to exceed thirty five (35) square feet total shall be allowed,
excluding a business located within a shopping center or integrated business
development.
In the case of a business with frontage of more than seventy five feet (75')
and located within a shopping center or integrated business development, a
ground sign not to exceed fifty (50) square feet shall be allowed, subject to
the provisions of Section 24-11 (7).
A shopping center or integrated business development with three or more
Businesses under the same roof divided by Fire Walls shall be allowed one
(1) Tri-tenant ground sign with allowable sign area determined on the same
basis as a single business with the same frontage in the same zoning district,
to a maximum of one hundred fifty (150) square feet.
Special Provisions:
Churches, colleges, government-owned buildings, and other institutional or
educational uses shall be allowed on-premise building and a ground sign not
exceeding 100 square feet per sign face.
Churches, colleges, government-owned buildings, and other institutional or
educational uses shall be allowed four off-premise sign(s), for directional purposes,
not to exceed 32 square feet per face (2 sides maximum). Additional off-premise
directional signs may be authorized by the Zoning Board of Adjustments."
Section 2. Savings. All rights and remedies which have accrued in favor of the
City
this Ordinance and amendments thereto shall be and are preserved for the benefit
City.
Section 3. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
148
Section 4. 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 heminabove.
Section 5. 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 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 the 11 day of
March , A. D., 2002.
ATTEST:
TOM REID
MAYOR
154
PASSED and APPROVED ON SECOND AND FINAL READING this the 25 day of
March , A. D., 2002.
ATTEST:
~I'Y Sfi~"RETARY~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
MARCH 25, 2002)
Voting "Aye"- Councilmembers Seeger, Marco{t, Owens, and
Tetens.
Voting "Nd' - None.
Motion passed 4 to 0, with Councilmember Wilkins absent.
PUBLICATION DATE: MARCH 27, 2002
EFFECTIVE DATE: APRIL 7, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
155