HomeMy WebLinkAbout1988-12-20 P&Z Meeting Minutes4co
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ESMT. ADJOINING BOTH SIDES
VOL. 1309 PG. 211
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ENGINEER:
MUNICIPAL ENGINEERING CO.,INC.
3301 FEDERAL STREET
PASADENA, TEXAS 77504
PHONE (713) 941-8988
OWNER:
JOE LOSSEN
2707 GREEN TEE
PEARLAND, TEXAS 77581
PHONE: (713) 485-6726
PREUMlW1 RY PLAT
OF
LOSSEN SUBDIVISION
PLAT OF A 0.9984 ACRE TRACT OUT OF THE
W.D.C. HALL LEAGUE, ABSTRACT #70, ALSO BEING THE SAME
TRACT OF LAND AS DESCRIBED BY DEED TO MARVIN N. WENKE
AND WIFE MILDRED L. WENKE AS RECORDED IN VOLUME 748,
PAGE 668 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS.
CONTAINING
2 LOTS 1BLOCK
DECEMBER 1, 1988
0 10 20 30 0 20 40
SCALE: 1" = 20'
AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON DECEMBER 20, 1988 AT 7:30 P. M. IN THE COUNCIL
CHAIRS, CITY HALL, 3519 T IBEHTY DRIVE, PEARLAND, TEXAS
I. CALL TO ORDER
II. APPROVAL OF MINUTES: Meeting of November 29, 1988
III. NEW BUSINESS:
A. CONSIDERATION AND POSSIBLE ACTION ON THE FOLLOWING:
1. APPROVAL OF PRELIMINARY PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE
TRACT OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT #70, AS RECORDED IN
VOLUME 748, PAGE 668 OF THE DEED RECORDS OF BRAZORIA COUNTY. (2005
E. BROADWAY)
2. APPROVAL OF FINAL PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT
OF THE W.D.C. HALL LEAGUE, ABSTRACT #70, AS RECORDED IN VOLUME 748,
PAGE 668 OF THE DEED RECORDS OF BRAZORIA COUNTY. (2005 E. BROADWAY)
B. CONSIDERATION AND POSSIBLE ACTION ON THE FOLLOWING PROPOSED AMENDMENTS TO
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE NO. 509 AND AMENDMENT OF THE
LAND USE DISTRICT MAP:
1. AMENDMENT OF ORDINANCE NO. 509-A, SECTION 22, SIGN ORDINANCE.
2. REZONING OF SUBDIVISIONS AS FOLLOWS:
a. GREEN TEE SUBDIVISION TOWNHOUSE RESERVE, BLOCKS 3, 7, AND 1/2
OF 8, SECTION I AND 1/2 OF BLOCK 8, SECTION II FROM R-3 TO R-
4.
b. CORRIGAN SUBDIVISION, SECTIONS 1-5 FROM R-4 TO R-2.
c. WILLOWICK SUBDIVISION .VROM R-4 TO R-2.
d. SPRINGFIELD SUBDIVISION FROM R-3 TO R-2.
e. KNOTTINGHAM SUBDIVISION (NO ZONE INDICKLED) TO R-2
3. AMENDMENT OF MINIMUM PARKING AREA REQUIREMENTS FOR TYPICAL PARKING
ANGLES FROM THE REQUIRED 10' STALL WIDTH TO 9' WIDTH.
IV. ADJOURN
POSTED: / (o DAY OF
D., 1988, 3 /2/17
REMOVED: / DAY A. D., 1988.
MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARL AND, TEXAS, HELD ON DECEMBER 20, 1988, AT 7:30 P. M. IN THE COUNCIL CHAMBERS,
CITY HALL, 3519 LIBERTY DRIVE, PEARTAND, TEXAS
The meeting was called to order with the following present:
Chairman Leroy Savoie
Vice Chairman Al Lentz
Member Clyde Starns
Member Benny Frank
Member Helen Beckman
Code Enforcement Officer Ernesto Buenrostro
Assistant City Secretary Pat Vaught
Absent from the meeting: Commission Members Mary Starr and James Garner were absent,
having excused absences.
APPROVAL OF MINUTES
It was moved by Al Lentz, seconded by Helen Beckman, that the minutes of the meeting
of November 29, 1988, be approved as submitted.
Motion passed 3 to 0, with Benny Frank and Clyde Starns abstaining.
NEW BUSINESS
APPROVAL OF PRELIMINARY PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT OF THE
W.D.C. HALL LEAGUE, ABSTRACT #70, AS RECORDED IN VOLUME 748, PAGE 668 OF THE DEED
RECORDS OF BRAZORIA COMITY. (2005 E. BROADWAY)
Code Enforcement Officer Ernesto Buenrostro stated he had reviewed both the prelimi-
nary and the final plat of Lossen Subdivision and they were in compliance except for
submission of the title certificate which is required by the Subdivision ordinance.
In examining the plat, the Commission discussed net lot sizes and felt these areas
were unclear on the plat, feeling the plat should be so designated that the right-of-
way would become City property and property lines delineated as such.
It was discussed that Lot 1 of an unrecorded addition was being subdivided, while Lot
2, owned by the same individual, also in an unrecorded addition, was not included in
the plat because only the front tract is being transacted at this time. At a
developmental meeting on October 26, 1988, it was determined that the lot sizes did
not fit within the zoning ordinance and Mr. Lossen was advised that in order to plat
he would have to go before the Zoning Board of Adjustment and request a variance from
that Board. On November 7, 1988, the Board granted a variance and Mr. Lossen's next
step was to have it platted because it was found that it was never a platted,
recorded subdivision.
It was determined, if the plats were approved, the buildings will be non -conforming
because they are built over the required building lines. The Commission requested
that Mr. Buenrostro explain to those in the audience having an interest in this
property what constituted a non -conforming building. Mr. Buenrostro explained that
if the buildings were destroyed due to fire, wind, etc., they would have to be recon
structed in full conformance to the ordinance which would mean placing the buildings
which are presently located over the building lines back on the required building
lines.
Member Al Lentz suggested that temporary building lines be drawn on the plat for
fLUture reference so if the building is destroyed the temporary building line will
revert back to 25' under the current zoning ordinance. Code Enforcement Officer
Ernie Buenrostro suggested it could instead be addressed in a letter. The Commission
questioned the permitting process and stated the problem lay with the roadway ease-
ment on Hamm Road. Mr. Lossen stated this had not shown up on the original survey
when he closed.
Mr. Buenrostro explained the building was permitted under the old zoning ordinance
when the area was zoned NS (Neighborhood Service) and as such there was no side yard
requirement unless a non-commercial district abuts a residential district in which a
minimum 10' side yard shall be provided. The Commission discussed front, side and
rear yards under the new and old zoning ordinances and their application to Lots A
and B.
The Commission discussed the zoning of surrounding property and requirements for
building lines abutting these zones.
Chairman Savoie asked for the Zoning Board of Adjustment ruling on this property and
the minutes from this meeting were provided which stated that the Board had granted a
variance to the required minimum lot size of 22,500 square feet and the minimum lot
width of 150 feet on November 7, 1988.
The response as to why this matter went to the Zoning Board of Adjustment before
coming to the Planning and Zoning Commission was that without the ZBA granting the
variance to the minimum lot sizes, it was no use in platting and trying to subdivide.
After much discussion, the Commission agreed it should seek the advice of the city
attorney regarding the authority of the P & Z Commission to grant variances to
building lines and when these issues should be addressed before making an affirmative
motion.
It was moved by Benny Frank, seconded by Al Lentz, that approval of the preliminary
plat of Lossen Subdivision be tabled until an opinion is received from the city
attorney.
Motion passed 5 to 0.
APPROVAL OF FINAL PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT OF THE W.D.C.
HALL LEAGUE, ABSTRACT #70, AS RECORDED IN VOLUME 748, PAGE 668 OF THE DEED RECORDS OF
HRAZORIA COUNTY. (2005 E. B OADWAY)
This item was passed until approval of the preliminary plat could be acted upon.
During this time the Commission discussed the county accepting metes and bounds
instead of approved plats and the city attorney writing a letter to the County
addressing this.
ArAIENDMENT OF ORDINAN E ND. 509-A, SECTION 22, SIGN ORDINANCE
It was moved by Al Lentz, seconded by Benny Frank, to table this item for further
review, study and possible workshop.
Motion passed 5 to 0.
While realizing the need for expediting these needed amendments, the Commission felt
the need for unanimity and correctness. They expressed a desire to know the intent
of the Sign Review Committee on some of the proposed amendments.
REZONING OF VARIOUS SUBDIVISIONS
Code Enforcement Officer Ernesto Buenrostro recommended to the Commission changing
the zones of these subdivisions so they would be more compatible with the use
intended or to the zone it was in the previous ordinance. In the case of the Green
Tee Townhouse Reserve, three blocks, 3, 7, and 8, were previously zoned M-F and
allowed 5' side yards and townhomes on the property lines. The present classifica-
tion, R-3, is more restrictive and does not allow for what is desired to be built in
the area or what was previously allowed.
It was moved by Al Lentz to approve the rezoning of subdivisions as follows: Green
Tee Subdivision Townhouse Reserve, Blocks 3, 7, and 1/2 of 8, Section I and 1/2 of
Block 8, Section II from R-3 to R-4; Corrigan Subdivision, Sections 1-5 from R-4 to
R-2; Willowick Subdivision from R-4 to R-2; Springfield Subdivision from R-3 to R-2;
and Knottingham Subdivision (no zone indicated) to R-2.
It was noted by Code Enforcement Officer Ernesto Buenrostro that Knottingham Subdivi-
sion should read Sherwood Subdivision.
The maker of the motion amended the motion to change Sherwood Subdivision (instead of
Knottingham) from no zone indicated to R-2. The motion was seconded by Clyde Starns.
Motion passed 5 to 0.
AMENDMENT OF MINIMUM PARKING AREA REQumizmurrs FOR TYPICAL PARKING ANGLES FROM THE
REQUIRED 10' STALL WIDTH TO 9' WIDTH
It was discussed that 9' is the commonly used standard width for parking.
It was moved by Benny Frank, seconded by Helen Beckman, that the 10' stall width be
changed to a 9' stall width.
Motion passed 5 to 0.
GENERAL DISCUSSION
In a general discussion, the Commission decided not to remove the proposed Amendments
to the Sign Ordinance from the table. They did discuss some of them and felt it
would be profitable to have a workshop with the Sign Ordinance Review Committee at
the next regular meeting.
ADJOURN
The meeting adjourned at 9:28 P. M.
Minutes approved as submitted and/or corrected this
A. D., 1989.
ATTEST:
cot j peatIland
P. O. Box 2068 • Pearland, Texas 77588-2068 • 485-2411
January 5, 1989
Honorable Mayor and Councilmembers
City Hall
Pearland, Texas
Dear Members:
In a regular meeting held on December 20, 1988, the Planning
and Zoning Commission considered the following amendments to Land
Use and Urban Development Ordinance No. 509 and amendment of the
Land Use District Map:
REZONING OF VARIOUS SUBDIVISIONS:
It was moved by Al Lentz to approve the rezoning of subdivi-
sions as follows: Green Tee Subdivision Townhouse Reserve, Blocks
3, 7, and 1/2 of 8, Section I and 1/2 of Block 8, Section II from
R-3 to R-4; Corrigan Subdivision, Sections 1-5 from R-4 to R-2;
Willowick Subdivision from R-4 to R-2; Springfield Subdivision
from R-3 to R-2; and Sherwood Subdivision from no zone indicated
to R-2. The motion was seconded by Clyde Starns. Motion passed 5
to 0.
AMENDMENT OF MINIMUM PARKING STALL WIDTHS
It was moved by Benny Frank, seconded by Helen Beckman, that
the 10' stall width be changed to a 9' stall width. Motion passed
5 to 0.
The Commission is submitting this for Council's considera-
tion.
Sincerely,
Leroy Savoie, Chairman
Planning and Zoning Commission
LS/EB:pv
BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4
P.O. BOX 341
PEARLAND, TEXAS 77588-0341
PHONE: 713/485-1434
City of Pearland
P.O. Box 2068
Pearland, Texas 77588-2068
ATTENTION: MR. W.K. THOMASSET, P.E.,
DIRECTOR OF PUBLIC WORKS
Dear Mr. Thomasset,
In7coocrEN0FFoRpczENTuvotvr,
lazTeowte
December 5, 1988
This letter is to inform you that Brazoria County Drainage
District No. 4 has reviewed the Preliminary and Final Plats
of Lossen Subdivision and find the plats to be acceptable.
Yours truly,
LLOY ST,
Gener:1 Manage
LY/gr
I a L'!'1:3Nf is 1 c' 0-eV i S
ORDINANCE NO. 509-A-1
''''2m Utz us
R24A-u'fi°'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 509, THE ZONING ORDINANCE OF THE CITY OF
PEARLAND BY AMENDING SECTION 22, SIGNS, SPECIFICALLY SECTION 22-1,
SIGNS REQUIRING PERMITS, (G), (N), SECTION 22-3, MEASUREMENTS, (1),
(2), SECTION 22-4, HEIGHT RESTRICTIONS, (1), SECTION 22-7, PORTABLE
SIGN LIMITATIONS, (1), (2), (3), (4), SECTION 22-11, PROHIBITED SIGNS,
ADVERTISING, LIGHTING, (7), SECTION 22-16, SIGN REGISTRATION, (1),
(2), (3), (4), SECTION 22-17, BUILDER/SUBDIVISION SIGNS, (1), (2),
(3), (4), AND AMENDING TABLE VII OF SECTION 4 THERETO; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SEVERABILITY CLAUSE; HAVING A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council has received the recommendations of the
Planning and Zoning Commission concerning the matters herein
dealt with, which recommendations were made after the
holding of a joint public hearing before said Commission and
City Council on such matters; and,
WHEREAS, notice has been published of the time and place of a joint
public hearing held before the City Council and Planning and
Zoning Commission concerning the changes herein made, which
public hearing has been duly held; and,
WHEREAS, the City Council has determined that the amendment to the
Zoning Ordinance of the City of Pearland herein made is in
the best interest of the health, safety and general welfare
of the citizens of the City of Pearland; and,
WHEREAS, the Legislature under Chapter 216, V. T. C. A. Local
Government Code, has established limitations upon the regu-
lations of signs, particularly with respect to the removal
of non -conforming signs; and,
WHEREAS, Chapter 216, V. T. C. A. Local Government Code, also
authorizes the regulation of signs outside City limits but
within its extraterritorial jurisdiction, as an alternative
to regulation of such areasby the State of Texas; and,
WHEREAS, the City Council desires to establish a comprehensive set of
signregulations for the City in order to protect property
values and individual safety, as well as the aesthetic
sensibilities and general welfare of all who use public
1
thoroughfares and are exposed to competition from advertis-
ing signs for their attention, and to promote the orderly
growth and development of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. THAT Ordinance 509, the Zoning Ordinance of the City of
Pearland be amended by amending Section 3 thereof by deleting the
terms "Sign (Billboard)," "Sign Pole Type (On -Premise)," and the
definitions thereof and adding the following:
"(1) 'Building sign' means a sign attached against building
fronts or exposed walls, or parallel to the face of the
building atop a marquee.
(2) 'Free standing sign' means a sign supported solely by
posts or structures other than a building.
(3) 'Marquee sign' means a free standing sign with slots or
wires for inserting individual letters so that a
message may be changed.
(4) 'Off -premise sign' means 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.
(5) 'Off -premise portable sign' means an off -premise sign
which is a portable sign.
(6) 'Portable sign' shall mean 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'.
(7)
'On -Premise sign' means a sign identifying or
advertising a business, person or activity, and
installed on the same premises as such business, person
or activity.
2
(8) 'On -premise portable sign' means an on -premise sign
which is a portable sign.
(9)
'Sign' means an outdoor structure, display, light
device, figure, painting, drawing, message, plaque,
poster, flag or any other thing that is designed,
intended or used to advertise, inform or attract.
(10) 'Temporary Sign' means 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.
Section 2. THAT Ordinance 509, the Zoning Ordinance of the City of
Pearland be amended by adding thereto a new Section 22 which reads as
follows:
SECTION 22 - SIGNS
Sec. 22-1. 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) Portable Signs will be permitted subject to the terms
of Section 22-7.
(4) 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.
3
(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;
2. the sign is erected no sooner than the 60th
day before the election and is removed no
later than the 15th day after the election;
3. 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)
(J)
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.
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) sq. ft. per sign face.
(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.
(1) 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.
Temporary signs advertising occasional non-
commercial sales (including garage sales, patio
and porch sales) shall be limited to three (3)
signs not to exceed two (2) square feet each.
Signs shall be removed within two (2) days
following such sale. Such signs shall not be
allowed more frequently than three (3) times a
year. Signs shall not be located on public
property or utility poles.
(n) Banners and decorations erected announcing civic,
patriotic events and/or seasonal celebrations and
for any other purpose shall not remain for more
than sixty (60) days.
(o) Subdivision identification sign or signs not
exceeding one hundred twenty (120) square feet per
sign face installed at entrances to subdivisions
and containing no more than the name of the
subdivision. Subdivision signs shall not be
located on public rights -of -way.
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.
(m)
(p)
Sec. 22-2. 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 own 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.
(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 person, firm,
corporation,or association erecting the sign.
(6) For portable signs, the name, address and telephone
number of person, firm, corporation or association
using the sign for advertising. Also, the number of
days of sign usage being requested.
(7) Zoning classification of the property.
(8) Such other information as the Building Official shall
require to show compliance with this and all other
ordinances of the City.
Sec. 22-3. Measurements.
(1) The area of any sign shall be deemed to be the computed
area of one sign face, including cutouts.
(2) Maximum sign height shal 1 be measured from the highest
point on the sign to the elevation of the center line
of the street from which the sign is to be viewed.
Sec. 22-4 Height Restrictions.
(1) No free standing sign shall exceed thirty (30) feet
6
Sec. 22-5.
above the elevation of the center line of street from
which sign is to be viewed.
(2) Building signs shall not exceed four (4) feet above
roof line.
(3) Any sign over a walkway must have a minimum of eight
(8) feet clearance over the walkway.
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.
Sec. 22-6. Frontage on more than one street.
(1) If a use has street frontage on a corner, street
frontage for the purpose of cauculation 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.
Sec. 22-7. Portable sign limitations.
(1) Each lawfully operating business shall be allowed the
use of one (1) on -premise portable sign for ninety (90)
days during each calendar year; provided, however, that
each usage of such portable sign shall be in increments
of no less than fourteen (14) consecutive days.
7
(2) A portable sign permit shall be obtained by each
business for each use of a portable sign.
Specifically, a permit will be required in the follow-
ing situations:
(a) Prior to installation and use of a portable sign.
(b) Prior to use of an existing installed portable
sign by a different business located in the same
shopping center.
(3) In accordance with Section 22-1-4 (P) portable sigis ma
be used as a special event sign.
Fees for a portable sign permit shall be established by City Council.
Each on -premise portable sign shall have its permit securely attached
and visible.
(4) When a state of emergency is declared due to adverse
weather conditions, portable signs shall be removed.
Sec. 22-8. Wind loads.
All signs shall be designed, constructed and installed to withstand a
wind pressure of not less that thirty (30) pounds per square foot per
sign face.
Sec. 22-9. 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.
Sec. 22-10. 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, mariner, or intensity of illumination it may
interefere with vehicular or pedestrian traffic. Pursuant to the
foregoing, no sign shall be erected or maintained in such manner as to
be likely to interfere with, obstruct the the view of, or be confused
with any authorized traffic sign, signal, or device. No sign shall be
erected or maintained in a visiblility triangle as defined in Section
3 of the Zoning Ordinance of the City of Pearland.
Sec. 22-11. Prohibited signs, advertising, lighting.
(1) No person shall attach any sign, paper, other material,
or paint, stencil, or write any name, number (except
8
house numbers), or otherwise mark on any sidewalk,
curb, gutter, street, utility pole, trees, public
building, fence or structure unless authorized by this
ordinance.
(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 property, except as specifically authorized by
this ordinance.
(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 fifty (50) yards 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 -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" and "off -premise portable
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
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bulbs, spinners, or other similar devices are
prohibited.
Sec. 22-12. Compliance with other Codes.
All signs shall comply with all other City Codes, including the
Electrical and Building Codes.
Sec. 22-13. 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 from the Building
Official of deficiencies.
Sec. 22-14. 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.
Sec. 22-15. Replacement or repair of sign.
(1) When any sign, or a substantial part of it, is blown
down or otherwise destroyed or taken down or removed
for any purpose other than maintenance operations or
for 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 cost of repairing the sign is
more than fifty (50) per cent of the cost of erecting a
replacement sign of the same type at the same location.
Sec. 22-16. Sign registration.
Every person, firm, group, organization, corporation, association or
other entity which has an erected sign on the effective date of this
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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 signage will be done by the 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: If such preexisting sign does not
meet the requirements of this ordinance, the City
Building Official shall issue to the applicant a
registration entitled "Sign Registration Nonconforming
Use." Such sign shall then be subject to the require-
ments of Section 22-15, "Replacement or Repair of
Sign."
(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 22-14, "Unsafe Signs."
Sec. 22-17 Builder/Subdivision Signs.
Builder/Subdivision signs will be permitted with the following
restrictions:
(1) One builder/subdivision 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.
(3)
The maximum area of a subdivision directional sign
shall not exceed 96 square feet.
(4) Such sign(s) shall be removed after a period of five
years or when the subdivision is 90% sold out, which
ever occurs first.
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Sec. 22-18. Application to extraterritorial jurisdiction.
This Section 22, together with all applicable definitions, shall,
pursuant to the authority of Chapter 216, V. T. C. A. Local Govern-
ment Code, apply to the City's extraterritorial jurisdiction.
Property within the extraterritorial jurisdiction of the City shall be
permitted the same signs as if such property was within the City and
zoned M-2.
Section 3. THAT Ordinance 509, the Land Use and Urban Development
Ordinance, be amended by deleting from Table III in Appendix A the
uses described as "Signs, (Billboards) Advertising" and "Signs, Pole
Type (On -Premise)."
Section 4. THAT Ordinance No. 509, the Zoning Ordinance of the City
of Pearland, be amended by adding thereto a new Table VII to read as
follows:
Zoning District Sign Type
SD, R-1, R-2,
R-3, R-4, FW
MF, MH
OP
Table VII
Signs permitted
under the "Special
Provisions" portion of
this table and signs
not requiring permits
are allowed in these
districts.
On -premise
building sign;
On -premise
free standing
On -premise signs
only:
1. Building sign
2. Free standing
sign (marquee sign
allowed)
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Maximum Area of All Signs
Allowed for a Business
With Frontage
120 square feet
120 square feet
NS
GB
PUD
On -premise build-
ing, free standing,
marquee and port-
able signs allowed
On -premise build-
ing, free standing,
marquee and port-
able signs allowed
On -premise build-
ing, free standing,
marquee and on -
premise portable
signs allowed
On -premise build-
ing and free stand-
ing signs located
and described on
site plan
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Free Standing:
2 square feet per lineal
foot of building frontage
up to a maximum of 160
square feet
Building Sign:
1 square foot per lineal
foot of building frontage
up to a maximum of 80
square feet
Free Standing:
2 square feet per lineal
foot of building frontage
up to a maximum of 200
square feet
Building Sign:
1 square foot per lineal
foot of building frontage
up to a maximum of 100
square feet
Free Standing:
2 square feet per lineal
foot of building frontage
up to a maximum of 300
square feet
Building Sign:
1 square foot per lineal
foot of building frontage
up to a maximum of 150
square feet
Limited only by site plan
and zoning limitations.
M-1, M-2
Special Provisions:
On -premise free
standing, building
and on -premise
portable signs
allowed.
Free Standing:
2 square feet of sign
area for each lineal foot
of street frontage not to
exceed 300 square feet
per face, no more than
600 square feet maximum
Building Sign:
1 square foot of sign
area for each lineal foot
of street frontage not to
exceed 150 square feet
per face, no more than
300 square feet maximum
Churches, colleges, government -owned buildings and institutional
educational uses shall be allowed on -premise building, marquee and
free standing signs not exceeding 100 square feet per sign face.
Churches, colleges, government -owned buildings and institutional
educational uses shall be allowed one off -premise sign, for
directional purposes, not to exceed 32 square feet per face.
EXCEPTIONS TO TABLE VII:
1. In the case of a business with frontage of less than 50', a
building sign(s) not to exceed 50 square feet total shall be
allowed.
2. In the case of a business with frontage of less than 25', a free
standing sign(s) not to exceed 50 square feet total shall be
allowed.
3. All or a portion of unused allowed square footage for a building
sign(s) may be added to free standing sign, but in no case may
free standing sign square footage be added to building sign(s).
Section 5. Any person, firm or corporation violating any provision of
this ordinance as read together with the Zoning Ordinance of the City
of Pearl and shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand
Dollars ($2,000.00). Each and every day any such violation continues
or is allowed to exist shall constitute a separate offense.
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Section 6. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect any other provision or application of this
ordinance which can be given effect without the invalid provision or
application and to this end the provisions of this ordinance are
declared to be severable.
Section 7. All provisions of prior ordinances of the City in conflict
with any provision of this ordinance are hereby repealed, but only to
the extent of any such conflict. (Th -soratorium on off -premise signs,
heretofore passed by Ordinance of the t Counc 1 ' s in all things
repealed at the effective date of this 0 •inance.1
o
Section 8. The City Secretary is hereby authoriz- . and direted to
cause publication of the descriptive caption and penalty clause of
\\\ this ordinance as provided by law.
PASSED, APPROVED and ADOPTED on first reading this day of
, A. D., 1988.
ATTEST:
City Secretary
Mayor
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PASSED, APPROVED and ADOPTED on second and final reading this
day of , A. D., 1988.
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
Mayor
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