Ord. 2000-T-01 2006-07-10
ORDINANCE NO. 2000-T-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE UNIFIED DEVELOPMENT
CODE TO ADOPT A NEW SECTION 2.4.3.4, ENTITLED OT, OLD
TOWNSITE DISTRICT; HAVING A SAVINGS CLAUSE,
A SEVERABILITY 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 current Section 2.4.3.4, entitled aT, Old Townsite
District, of the Unified Development Code is hereby REPEALED in its entirety.
Section 2. That a new Section 2.4.3.4, to be entitled aT, Old Townsite
District, attached hereto as Exhibit "A" and made a part hereof for all purposes, is
hereby adopted as part of the Unified Development Code.
Section 3. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall
cause this Ordinance or its caption to be published in the official newspaper of
the City of Pearland, upon passage of such Ordinance. The Ordinance shall
then become effective immediately upon passage.
PASSED and APPROVED ON FIRST READING this the 26th day
of
June
'AD.'2006.~~
M REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the
10th day of
July
'A:200~~ ~
TOM REID
MAYOR
ATTEST:
VOTING RECORD SECOND AND FINAL READING
JULY 10, 2006
Voting "Aye" - Councilmembers Saboe, Tetens, Kyle,
and Cole,
Voting "No" - None.
APPROVED AS TO FORM:
Motion passes 4 to 0, with Councilmember Beckman
absent.
~tt~
DARRIN M. COKER -...
CITY ATTORNEY
PUBLICATION DATE: July 12, 2006
EFFECTIVE DATE: July 21, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND. TEXAS
Planning & Zoning Commission
Recommendation Letter
June 15, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on the Old Townsite Ordinance
Honorable Mayor and City Council Members:
At their regular meeting of June 5, 2006, the Planning and Zoning Commission
considered the request by the City of Pearland, for approval of the Old Townsite
Ordinance.
Commission Member Sherrouse made a motion to recommend approval of the Old
Townsite Ordinance, with changes as discussed during the public hearing, regarding
reducing the transparency requirement, and to exempt existing structures from
transparency requirements. The motion was seconded by Commission Member Koza.
The motion to approve passed 6 - o. The Old Townsite Ordinance was recommended
for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request OTS ORD
Page 1 of 1
Section 2.4.3.4 OT, Old Townsite District
(a) Purpose.
The purpose of the Old Townsite District (OT) is to:
(1) Promote good building and streetscape design.
(2) Reinforce existing land use patterns and character.
(3) Categorize area into zoning districts as per the UDC with
modifications.
(4) Promote downtown as a walkable, pedestrian friendly district.
(5) Promote multiple types of development and uses.
(6) Set forth general provisions and architectural regulations to ensure
quality of streetscape and building construction.
(7) Allow reduced parking ratios, shared parking and flexibility to
encourage re-use of existing buildings.
(8) Allow flexibility in building codes and fa<;ade requirements to
encourage relocation and re-use of existing buildings.
(9) Emphasize mixed uses and focus on the streetscape and public
spaces to create pedestrian-friendly mixed-use developments.
(b) Proposed Zoning Districts.
The OT is comprised of three zoning districts - Old Townsite General Business
District (OT-GB), Old Townsite Single Family Dwelling District (OT-R), and Old
Townsite Mixed Use District (OT-MU).
(1) Old Townsite General Business District (OT-GB)
a. Development Standards. All development standards of the General
Business District (GB), section 2.4.4.4 of the UDC shall apply, with the
following exceptions:
Minimum Lot Area:
Three thousand square feet (3000 sq. ft.)
Minimum Front Yard:
For yards abutting Main Street and/or
Broadway Street required front yard shall
be determined by the existing street right of
way. The minimum front yard required
shall be such that the front setback line is
at a distance of sixty feet (60') from the
centerline of Broadway and/or Main Street.
Zero feet (0') for yards abutting Main Street
and/or Broadway Street with one hundred
and twenty feet (120') right of way.
Twenty-five feet (25') along other streets.
1
Minimum Rear Yard:
Twenty feet (20'); Twenty-five feet (25') if
abutting a residential zoning district; seven
and a half feet (7.5') if abutting an alley.
Minimum Lot Width:
Fifty feet (50')
Reconstruction or development on
narrower lots shall be allowed if the lot was
in existence in its current configuration and
under separate ownership from adjoining
lots on or before July 10, 2006 (date of
adoption of this ordinance).
Maximum Heiqht:
None.
b. Permitted Uses. All uses permitted in the GB zone, section 2.4.4.4
of the UDC with the following exceptions:
Uses permitted in GB zone permitted on all floors, but required
on first floor even for parking structures unless institutional /
governmental uses are proposed.
Residential on upper floors allowed by a Conditional Use
Permit (CUP).
Institutional/governmental uses permitted with City's approval
by a CUP.
c. Accessory buildings in Old Townsite. All accessory buildings in
Old Townsite shall comply with section 2.5.3.1 of the UDC with the
following exceptions:
Minimum Front Setback - Accessory building shall be located
behind the front building setback line established by the primary
building.
Minimum Side Setback - Five feet (5').
Minimum Rear Setback - Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined
in UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft.
(footprint) or exceed two stories or 24 feet in height, whichever
is less.
2
d. Primary Building Street Fa~ade. At least seventy five percent (75%)
of street facade must be constructed to front building line. At least
50% of street facade must be constructed to front building line if wider
sidewalks (than that required under section 3.2.11.1) or courtyard
spaces are provided along the street.
For lots with less that one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
e. Projecting Fa~ade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approvals from the
City and in conformance with Development Guidelines specified below
under section 2.4.3.4 (c) 5. Approval from Texas Department of
Transportation (TXDOT) shall be required for elements along state
roads.
f. Outdoor Seating. Outdoor seating for restaurants, may be
permitted, as accessory and adjacent to the principal building, on
sidewalks and public ROW along City streets, as long as a minimum
of three feet (3') wide clear passageway is provided for pedestrians
and subject to an approval of a Conditional Use Permit (CUP).
TXDOT approval shall be required for state roads.
g.
Parking.
1.
2.
3.
On street parking shall be subject to the following:
No parking shall be permitted in the front yard.
Non-residential uses in existing structures may be
permitted to reduce by 50% the number of parking
spaces required by the UDC for that use. The number of
parking spaces may be reduced even further as
determined by a traffic report and approved by the City
of Pearland. All new additions, and existing and new
multi-family uses, shall meet the parking requirements
in chapter 4 of the UDC, unless specified herein.
Shared parking between properties shall be permitted as
long as the total number of parking spaces meet the
requirements of subsection 2 above for each use and all
parking spaces as required under subsection 2 above
are located within five hundred (500') of the building.
Stacked parking (parallel parking without the access
aisle) for up to 3 cars shall be permitted for existing
residential uses being converted to other non-residential
use and where the converted area does not exceed six
hundred square feet (600 sq. ft.) of floor area.
A stacking space shall be an area measuring eight feet
(8') by twenty feet (20').
4.
3
(2) Old Townsite Residential District (OT-R)
a. Development Standards. All development standards of the Single
Family Dwelling District (R-4), section 2.4.2.8 of the UDC shall apply,
with the following exceptions:
Minimum Lot Area:
Three thousand square feet (3000 sq. ft.)
Minimum Front Yard:
Twenty feet (20').
Minimum Rear Yard:
Twenty feet (20'); seven and a half feet
(7.5') if abutting an alley.
Minimum Lot Width:
Fifty feet (50')
Reconstruction or development on
narrower lots shall be allowed if the lot was
in existence in its current configuration and
under separate ownership from adjoining
lots on or before July 10, 2006 (date of
adoption of this ordinance).
b. Permitted Uses. All uses permitted in R-4 district, townhomes and
duplexes.
All uses allowed in the OP district may be permitted with a Conditional
Use Permit; all institutional uses allowed by a Conditional Use Permit.
c. Common Open Space Required. Common open space, as defined
in section 2.4.2.9.(g) of the UDC, shall be required for all townhouse
and multi family developments and shall meet the following
requirements:
In all areas where Multi-Family Dwelling units are constructed, there
shall be at least four hundred (400) square feet of common open
space per dwelling unit. Each common open space shall be within
three hundred (300) feet of all dwelling units it is intended to serve
measured along a route of pedestrian access. Each required common
open space shall be appropriately graded, turfed, surfaced or
otherwise landscaped and provided with suitable drainage facilities.
Facilities, such as pedestrian ways and swimming pools, may be
counted toward the required common open space. Off-street parking
areas, service drives, and detention facilities shall not be included in
any calculation of required open space. Minimum dimension of any
common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in
Old Townsite shall comply with the requirements of chapter 2.5.3.1 of
the UDC with the following exceptions:
Minimum Front Setback - Seventy-five feet (75').
Minimum Side Setback - Three feet (3').
4
Minimum Rear Setback - Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined
in UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft.
(footprint) or exceed two stories or 24 feet in height, whichever
is less.
e. Primary Building Street Fa~ade. At least seventy five percent
(75%) of street facade must be constructed to front building line. At
least 50% of street facade must be constructed to front building line if
wider sidewalks (than that required under section 3.2.11.1) or
courtyard spaces are provided along the street.
For lots with less that one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
f. Projecting Fa~ade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approval from the City
and in conformance with Development Guidelines specified below
under section 2.4.3.4 (c) 5. Approval from Texas Department of
Transportation (TXDOT) shall be required for elements along state
roads.
g. Outdoor Seating. Outdoor seating for restaurants, shall be
permitted, as accessory and adjacent to the building, on sidewalks
and public ROW along City streets, as long as a minimum of three feet
(3') wide clear passageway is provided for pedestrians and subject to
an approval of a Conditional Use Permit (CUP). TXDOT approval
shall be required for state roads.
h.
Parking.
1.
2.
3.
On street parking shall be subject to the following:
No parking shall be permitted in the in the front yard.
Non-residential uses in existing structures may be
permitted to reduce by fifty percent (50%) the number of
parking spaces required by the UDC for that use. The
number of parking spaces may be reduced even further
as determined by a traffic report and approved by the
City of Pearland. All new additions, and existing and
new multi-family uses, shall meet the parking
requirements in chapter 4 of the UDC, unless specified
herein.
Shared parking between properties shall be permitted as
long as the total number of parking spaces meet the
requirements of subsection 2 above for each use and all
5
parking spaces as required under subsection 2 above
are located within five hundred (500') of the building.
4. Stacked parking for up to 3 cars shall be permitted for
existing residential uses being converted to other non-
residential use and where the converted area does not
exceed six hundred square feet (600 sq. ft.) of floor area.
A stacking space shall be an area measuring eight feet
(8') by twenty feet (20').
(3) Old Townsite Mixed Use District (OT-MU)
a. Development Standards. All development standards of the General
Business District (GB) of the UDC shall apply, with the following
exceptions:
Minimum Lot Area:
Minimum Front Yard:
Minimum Rear Yard:
Minimum Side Yard:
Minimum Lot Width:
Maximum Heioht:
Three thousand square feet (3000 sq. ft.)
Zero feet (0').
Twenty feet (20'); seven and a half feet
(7.5') if abutting an alley.
Five feet (5') for detached structures; 0 feet
for attached structures
Fifty feet (50')
Reconstruction or development on
narrower lots shall be allowed if the lot was
in existence in its current configuration and
under separate ownership from adjoining
lots on or before July 10, 2006 (date of
adoption of this ordinance).
Forty feet (40') or 3 stories, whichever is
lesser.
b. Permitted Uses. All uses permitted in the Office and Professional
District (OP), Townhouse Residential District (TH), and Single Family
Dwelling District (R-4). Uses allowed in Multi Family District (MF)
by a CUP
c. Common Open Space Required. Common open space, as defined
in section 2.4.2.9.(g) of the UDC, shall be required for all townhouse
and multi family developments and shall meet the following
requirements:
6
In all areas where Multi-Family Dwelling units are constructed, there
shall be at least four hundred (400) square feet of common open
space per dwelling unit. Each common open space shall be within
three hundred (300) feet of all dwelling units it is intended to serve
measured along a route of pedestrian access. Each required common
open space shall be appropriately graded, turfed, surfaced or
otherwise landscaped and provided with suitable drainage facilities.
Facilities, such as pedestrian ways and swimming pools, may be
counted toward the required common open space. Off-street parking
areas, service drives, and detention facilities shall not be included in
any calculation of required open space. Minimum dimension of any
common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in
Old Townsite shall comply with the requirements of section 2.5.3.1
the UDC with the following exceptions:
Minimum Front Setback - Accessory building shall be located
behind front building setback line established by the principal
building.
Minimum Side Setback - Three feet (3').
Minimum Rear Setback - Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined
in UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft.
(footprint) or exceed two stories or 24 feet in height, whichever
is less.
e. Primary Building Street Fac;ade. At least seventy five percent
(75%) of street facade must be constructed to front building line. At
least 50% of street facade must be constructed to front building line if
wider sidewalks (than that required under section 3.2.11.1) or
courtyard spaces are provided along the street.
For lots with less that one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property. feet (25') wide driveway
to access the rear of the property.
f. Projecting Fac;ade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with approval from City staff and in
conformance with Development Guidelines specified below under
section 2.4.3.4 (c) 5. Approval from Texas Department of
Transportation (TXDOT) shall be required for elements along state
roads.
g. Outdoor Seating. Outdoor seating for restaurants, shall be
permitted, as accessory and adjacent to the building, on sidewalks
7
and public ROW along City streets, as long as a minimum of three feet
(3') wide clear passageway is provided for pedestrians and subject to
an approval of a Conditional Use Permit (CUP). TXDOT approval
shall be required for state roads.
h.
Parking.
1.
2.
3.
On street parking shall be subject to the following:
No parking shall be permitted in the in the front yard.
Non-residential uses in existing structures may be
permitted to provide 50% of parking spaces required by
the UDC for that use. The number of parking spaces
may be reduced even further as determined by a traffic
report and approved by the City of Pearland. All new
additions, and existing and new multi-family uses, shall
meet parking the requirements of the UDC, unless
specified herein.
Shared parking between properties shall be permitted as
long as the total number of parking spaces meet the
requirements of subsection 2 above for each use and all
parking spaces as required under subsection 2 above
are located within five hundred (500') of the building.
Stacked parking for up to 3 cars shall be permitted for
existing residential uses being converted to other non-
residential use and where the converted area does not
exceed six hundred square feet (600 sq. ft.) of floor area.
A stacking space shall be an area measuring eight feet
(8') by twenty feet (20').
4.
(c) Development Requirements
All development requirements specified in the UDC will apply, with the following
additional requirements and exceptions:
1. Drive-Thru Facilities. New drive-thru windows should not be located on
the fa9ade facing the primary streetscapes.
Drive-thru facilities shall not hinder pedestrian flow or adjacent buildings and
their functions.
2. Utilities.
a. For new building construction and significant building renovation (of over
fifty percent' of the value of the existing building and improvements) all
utilities within the property shall be required to be underground. Only
exception is if the utility is required to be above ground to operate
properly.
b. All other utilities shall be required to be underground in accordance with
the city's right of way management ordinance.
c. Location of above ground utility equipment shall avoid conflict with
pedestrian movement and visually shield the equipment.
8
3. Building Elevations.
Rear facing buildings and loading docks are prohibited on street facades for
the following streets -
Main, Broadway, Grand, Orange, Mykawa, Walnut, and Galveston.
4. Concealed Equipment. All equipment shall be located in rear yards or
otherwise screened. Equipment shall include AC compressors and window
and wall units, electric and utility meters and boxes, irrigation and pump
pools, permanent barbecues, satellite dish antennas less than forty eight
inches in (48") in height or diameter, loading docks, service areas, trash
disposal facilities and backflow devices. Antennas over forty-eight inches
(48") shall require a CUP.
5. Projecting Fagade Elements. Projecting fac;ade elements include
awnings, canopies, balconies, colonnades and arcades. These shall be
permitted on city streets after approval by the City and on TX DOT ROW, if
permitted by TXOOT and approved by City. The following requirements shall
apply:
a. Not to project closer than two feet (2') to the curb.
b. Eight feet (8') minimum clearance between sidewalk and bottom of
awning or canopy; ten feet (10') minimum clearance between sidewalk
and bottom of balconies, colonnades and arcades.
c. May project in public ROW if approved by the City.
d. Eight feet (8') minimum depth of sidewalk from building face to the
inside column of colonnade or arcade.
e. Minimum two feet (2') between outer column face of colonnade or
arcade and curb.
6. Fagade Regulations. Shall meet all requirements of the UOC, except
that wood and hardy plank will be permitted for facades.
7. Transparency Requirements. For non-residential facades facing public
street, park, plaza or public space a minimum of fifteen percent (15%) of
overall fac;ade must be transparent. For non-residential, a minimum of
twenty five percent (25%) of fac;ade wall area is required to have store front
windows on ground floor.
For residential buildings (both single family and multi family) a minimum of
15% of fac;ade is required to comprise of window area.
A lesser percentage of transparency for overall fac;ade or store front windows
for all buildings may be permitted by a CUP.
Remodeling or repair of existing buildings may be exempt from these
requirements. Any new addition or construction shall be required to comply
with these requirements.
8. Windows, Skylights and Doors. Windows, skylights and doors shall
be oriented vertically for facades facing public areas including streets.
9
9. Building Signs. Projecting signs and awning signs shall be permitted in
addition to wall signs upon approval by the City (Recommend Planning and
Building Departments). Projections shall not be allowed on City right-of-way.
All other requirements of the UDC regarding signage shall be applicable.
10. Outdoor Display and Outdoor Seating. Outdoor display and outdoor
seating in all districts within the Old Townsite may be permitted by a CUP.
(d) Development Recommendations
1. Mixed Use Development. Mixed uses are encouraged on each block.
Active uses such as shopping or dining are encouraged on street.
2. Accentuate Primary Entrance. Accentuate primary entrance (for both
existing and new buildings) with architecture features such as:
o Art
o Breaking the building's rhythm
o Detail work
o Lighting
o Projecting fagade elements
o Recessed entries
o Signage
o Shelter pedestrian as they enter and exit.
o Well lit entrances.
3. Response to Human Scale: Developments are encouraged to address
the scale of pedestrian, and create active storefronts by using lights, quality
materials, and creative displays. Encourage lower floors to be architecturally
different from but still compatible with the upper floors through level of detail
and design.
4. Alleys and Side Streets. Alleys and side streets are encouraged to be the
primary access for parking lots and loading docks behind the building.
5. Landscape Features Permitted with City's Approval. (Need to determine
the official/board or staff responsible)
a. Flowerpots in street-scape.
b. Hanging baskets in new light poles.
c. Store owners to have option of creating planting beds.
d. City to work with property owners to place landscape features in
appropriate places.
(e) Relaxation of Building Codes. To encourage re-use, rehabilitation of existing
buildings (built prior to adoption of this ordinance) and relocation of buildings into
10
the area the Building Official may approve relaxation of certain building codes as
per the guidelines adopted by the City. (Guidelines to be adopted by the City)
(f) Non-conforming Buildings. Buildings constructed prior to the adoption of this
ordinance (if removed or destroyed due to any cause) can be rebuilt on either the
existing footprint or per this ordinance. Buildings constructed after the adoption of
this ordinance will be required to comply with this ordinance.
(g) Street Amenities. The City will formulate a streetscape plan as per the
recommendations of the Old Townsite Plan. (This plan needs to be adopted). Once
the standards have been adopted the property owner will be responsible for
installation of street furniture (lights, benches, signs, tree lighting, etc.) when the
property is developed. The streetscape guidelines may include - street amenities,
pedestrian lighting, street furniture, public art and signage.
(h) Unless specified herein under section 2.4.3.4, all other requirements of the UDC will
apply.
11
CHAPTER 4, ARTICLE 2, DIVISION 1
Article 2 - Development Standards
Division 1 - Parking
Section 4.2.1.1 Off-Street Parking Spaces Required
(a) Development within the Old Townsite (OT) district shall be required to comply
with this Section of the UDC unless otherwise outlined in Section 2.4.3.4 -
OT, Old Townsite.
(b) In all zoning districts, off-street parking spaces shall be provided in
accordance with the requirements of this division at the time any building or
structure is erected or structurally altered, or whenever there is a change to a
new use with respect to the standards of this division.
(c) 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 the structure had been established or
erected in full compliance with the provision herein.
(d) 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:
(1) For the enlargement of a structure or for the expansion for a use of a
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
(2) 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.
(e) In all zoning districts, 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, or for any other use in
conflict with the designated parking and loading areas.
Section 4.2.1.2 Minimum Requirements & Standards
(a) Minimum Requirements for Off-Street Parking. Requirements are as
follows:
(1) Parking on grass or other non-paved area in any zoning district is
prohibited except in the SD or RE zoning districts.
(2) For any multiple-family, duplex, or town home dwelling unit or
condominium where leasing offices are provided on the site, visitor
parking must be provided as per the office parking requirements
outlined in this section. Where clubhouses are provided on the site,
appropriate off-street parking must be provided as per the eating and
drinking establishments requirements outlined in this section.
(3) For residence halls, fraternity buildings, and sorority buildings, additional
parking spaces may be required by the Planning and Zoning
Commission for fraternity and sorority buildings as a condition of the
Site Plan approval where the building does not provide permanent
sleeping facilities for all members of the organization.
(4) The requirements for schools within Table 4-1 shall not apply to private
schools which do not permit students to bring motor vehicles to the
institution; however, the educational institution shall be required to
provide adequate off-street parking for faculty, administrative
personnel, and athletic events including visiting of parents or other
personnel. Such requirements will be calculated based on the
applicable parking requirements for the individual uses.
(5) For any restaurant, eating and/or drinking establishment where
permanent outdoor seating areas including decks, patios, or other
unenclosed spaces are provided, those areas shall be included in the
calculation of gross floor area and total number of seats.
Establishments having only outdoor dining consisting of fewer than
sixteen (16) seats shall provide a minimum of four (4) parking spaces.
(6) In addition to required parking spaces, a day care center or pre-
elementary school shall provide a driveway with separate points of
ingress and egress to the premises and having a length sufficient for
temporary parking of at least three (3) vehicles whereby the temporary
parking spaces do not block access to the other required off-street
parking spaces.
(7) Parking requirements for recreation and amusement facilities that have
any combination of the outdoor uses listed in Table 4-1 on the same
premises shall be calculated based on the sum of the minimum
requirements for the individual uses proportionate to the indoor and
outdoor areas allocated for each use.
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
UNIFIED DEVELOPMENT CODE
CHAPTER 5:
DEFINITIONS
City of Pearland, Texas
Page 5-1
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
Chapte:( 5: Definitions
Article 1 - Generallv Applicable Definitions
Division 1 - General Definitions
Section 5.1.1.1 General Definitions
(a) General Definitions. The following definitions are intended to provide descriptions
for words and terms used within this UDC. Absent any conflict, words and terms
used in this UDC shall have the meanings ascribed thereto in this Chapter 5. When
words and terms are defined herein, and are also defined in other ordinance(s) of the
City, shall be read in harmony unless there exists an irreconcilable conflict, in which
case the definition contained in this Chapter 5 shall control. For any definition not
listed in this Chapter 5 of this UDC, the definition found within the latest edition of
Webster's Dictionary shall be used.
(1) ABANDONMENT: As related to nonconforming uses and structures, having been
abandoned as described in Section 2.7.3.6 of this UDC.
(2) ABUTTING: Having property or district lines in common, or two objects in immediate
contact.
(3) ACCESS: Means of approaching or entering a property. Includes a right of passage
to and from an adjacent street, alley, or property.
(4) ACCESSORY: Being secondary or subordinate to something else.
(5) ACCESSORY DWELLING: A subordinate building that is detached from the primary
on-site structure, is used as a residence, is incidental to the main structure (Le., the
building area must be significantly less than that of the main structure), and is not
involved in the conduct of a business.
(6) ACCESSORY STRUCTURE (BUSINESS OR INDUSTRY): A subordinate building
to a building used for nonresidential purposes that does not exceed the height of the
main building and does not exceed thirty percent (30%) of the floor area of the main
building, and that is used for purposes accessory and incidental to the main
nonresidential use (also see Accessory Use).
(7) ACCESSORY STRUCTURE (OLD TOWNSITE): A building (maximum floor area of
660 square feet) that is not the primary structure, located on a lot that can be used
as additional residential or home occupation space by the owner of the primary
structure.
(8) ACCESSORY STRUCTURE (RESIDENTIAL): A subordinate building that is
detached from the primary on-site structure, and that is clearly incidental and
secondary to the permitted on-site use, and which does not change the character
City of Pearland, Texas
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Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
thereof, including, but not limited to, garages, bathhouses, greenhouses, barns, tool
sheds, or swimming pools.
(9) ACCESSORY USE: A use that is clearly and customarily incidental and secondary
to the permitted and/or principal use of land or building(s), and that is located upon
the same lot therewith, and which does not change the character thereof, including
garages, living quarters for servants, greenhouses, or tool sheds. The land/building
area that is used for the accessory use is significantly less than that used for the
primary use.
(10) ADDITION: An extension or increase in floor area or height of an existing building or
structure.
(11 ) AGRICULTURAL ANIMAL HUSBANDRY: The breeding, judging, care and/or
production of farm animals.
(12) AIRPORT: An area reserved or improved for the landing or take-off of aircraft other
than rotary wing aircraft.
(13) ALLEY: A public way which is used primarily for vehicular access to the back or
side of properties.
(14) ALTERED or ALTERATION: Any change, modification or transformation.
(15) AMBULANCE SERVICE: Provision of private (not operated by the City of Pearland)
emergency transportation which may include mobile medical care, and the storage
and maintenance of vehicles.
(16) AMENITIZED DETENTION/RETENTION POND: An area that is designed to
capture, store and release stormwater and that is designed as a site amenity by
being aesthetically pleasing, by meeting the definition of "open space" herein, and be
being constructed to seem natural (Le., without visible concrete). Such areas have a
natural edge and are constructed to resemble a naturally created lake or pond. Also
refer to the definition of "amenity" below.
(17) AMENITY: Aesthetic or other characteristics of a development that increase its
desirability visually, desirability to the City of Pearland, and/or its marketability to the
public. Amenities may vary according to the type and nature of development, but
examples include a naturalized retention/detention pond (refer to definition herein), a
recreational facility, landscaping, or large trees.
(18) ANTENNA: An antenna or antenna support structure used for the purpose of
transmission, retransmission, and/or reception of radio, television, electromagnetic,
or microwave signals primarily for the purpose of operating a business and/or for
financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications,
etc.). A receive-only television antenna or satellite dish antenna that exceeds four
feet (4') in diameter shall also be considered to be within this definition.
(19) ANTIQUE SHOP: A business which sells items whose value is greater than original
purchase price because of age or extrinsic value.
(20) APARTMENT: See Dwelling - Multi-Family.
(21) APPEAL: A request for review of and relief from any decision applying a provision of
this Code and which is authorized pursuant to Chapter 1, Article 3.
City of Pearland, Texas
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Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(22) APPLIANCE REPAIR: The maintenance and rehabilitation of appliances that are
customarily used in the home including, but not limited to, washing and drying
machines, refrigerators, dishwashers, trash compactors, ovens and ranges,
countertop kitchen appliances, vacuum cleaners, etc., but not including
appliances/equipment which have internal combustion engines.
(23) ARCADE: A series of piers topped by arches that support a permanent roof over a
sidewalk.
(24) ARCHITECTURAL METAL: Metal products used for window and door trim, fascia,
or soffit.
(25) ART STUDIO AND/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).
(26) ARTICULATION: An interruption/differentiation of the building wall plane with either
a recess (concavity) or an offset (convexity) that projects away from the building wall
plane by a measurable distance.
(27) AS-BUILT/RECORD DRAWINGS: A group of drawings that depicts the final
configuration of the installed or constructed improvements of a development,
improvements which have been verified by the contractor as their installation or
construction occurs during development. The as-built or record drawings should
reflect the construction plans (or working drawings) used, corrected, and/or clarified
in the field. For the purposes of this UDC, the terms "as-built drawing" and "record
drawing" shall be interchangeable.
(28) ASPHALT BATCHING PLANT: A permanent manufacturing facility engaged in the
production of asphalt.
(29) ASSISTED LIVING FACILITY: A congregate residence facility for four (4) or more
elderly (over 55 years of age) persons, regardless of legal relationship, who need
limited assistance with daily living activities. A limited number of support services
such as meals, laundry, housekeeping, transportation, social/recreational activities,
hairdressing, etc. may be provided or associated with the assisted living facility.
Units may be attached or detached, single- or double-occupancy, and may include
limited or full kitchen facilities. Full-time medical or nursing care is not typically
provided by the facility, but may be privately arranged for by individual residents on a
part-time or temporary basis (e.g., visiting nurses, etc.).
(30) AUTO ACCESSORIES AND/OR PARTS (RETAIL SALES ONLY): The use of any
building or other premises for the primary inside display and sale of new or used
accessories and/or parts for automobiles, panel trucks or vans, trailers, or recreation
vehicles. This definition expressly does not include a "Wrecking or Salvage Yard";
this is separately defined herein.
(31) AUTO RENTAL: A business establishment that provides for the renting of
automobiles and light trucks on a short-term basis (differentiated from leasing, which
is on a long-term basis). This may also involve the incidental storage of the
automobiles and light trucks being rented.
(32) AUTO REPAIR (MAJOR): General repair or reconditioning of engines, air-
conditioning systems and transmissions for motor vehicles; wrecker service;
City of Pearland, Texas
Page 5-4
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
collision repair services including body, frame or fender straightening or repair;
customizing; painting; vehicle steam cleaning; undercoating and rustproofing;
those uses listed under Automobile Repair (Minor); and other similar uses.
(33) AUTO REPAIR (MINOR): Minor repair or replacement of parts, tires, tubes and
batteries; diagnostic services; minor maintenance services such as grease, oil,
spark plug and filter changing; tune-ups; emergency road service; replacement of
starters, alternators, hoses and brake parts; automobile washing and polishing;
performing state inspections and making minor repairs necessary to pass said
inspection; normal servicing of air-conditioning systems; and other similar minor
services for motor vehicles except heavy load vehicles, but not including any
operation named under Automobile Repair (Major) or any other similar use.
(34) AUTO SALESIDEALER or 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.
(35) AUTO WASH (FULL-SERVICE/DETAIL SHOP): Washing, waxing or cleaning of
automobiles or light duty trucks where the owner of the vehicle does not actually
wash the vehicle. The owner either leaves the vehicle and comes back to retrieve it
later, or the owner waits in a designated area while employees of the car wash
facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.
(36) AUTO WASH (SELF-SERVICE): Washing, waxing or cleaning of automobiles or
light duty trucks where the owner of the vehicle causes the vehicle to become
washed. One type of unattended car wash facility utilizes automated self-service
(drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts
money or tokens into a machine, drives the vehicle into the wash bay, and waits in
the vehicle while it is being washed. The other type of unattended facility is
comprised of wand-type self-service (open) wash bays in which the vehicle owner
drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the
vehicle with a wand-type apparatus by depositing coins or tokens into a machine.
(37) AWNING: A flexible roof-like cover that extends out from an exterior wall and shields
a window, doorway, sidewalk, or other space below from the elements.
(38) BALCONY: An open portion of an upper floor extending beyond a building's exterior
wall that is not supported from below by vertical columns or piers.
(39) BAKERY OR CONFECTIONARY SHOP (RETAIL SALES): A retail facility that is
used for the production and/or sale of baked goods and confectionaries to the
general public.
(40) BAKERY (WHOLESALE): A manufacturing facility that is used for the production
and distribution of baked goods and confectioneries to retail outlets.
(41) BARBER /COSMETOLOGY SCHOOL/COLLEGE: A for-profit business school that
offers instruction and training in the barber, beauty, and/or cosmetology, but not
including any other type of trade or commercial school.
(42) BAY WINDOW: Generally, a U-shaped enclosure, extending the interior space of
the building outward of the exterior building wall.
City of Pearland, Texas
Page 5-5
(43)
(44)
(45)
(46)
(47)
(48)
(49)
(50)
(51)
(52)
(53)
(54)
City of Pearland, Texas
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
BED AND BREAKFAST INN: A dwelling occupied as a permanent residence by an
owner or renter. Within the dwelling, sleeping accommodations in not more than five
(5) rooms for transient guests are provided and breakfast is provided, both for
compensation. The period during which accommodations and breakfast are
provided generally does not exceed seven (7) days.
BLOCK:
streets.
An area bordered or enclosed by a street or
J ----- -
---- ---- -- ,
~l<>o:.h"ll'" ....
] ffiillIE [
BLOCK LENGTH: The distance, as measured along the
street centerline, from one end of a row or group of lots to
the other end. A block is determined by the streets along its
boundary which surround one or more lots. Such streets
shall be through streets, not cul-de-sac streets. A block
adjacent to a cul-de-sac shall not be counted as a block. II
BOARD OF ADJUSTMENT: The Zoning Board of
Adjustment of the City of Pearland. Also may be referred to with the acronym "ZBA".
CllkI&UC shall not be
~_nl.,duablo<;:k.
---...
Ii
Figure 5-1: Block
BOARDING OR ROOMING HOUSE: Also referred to as Boarding House. A
building, built and/or used for residential purposes, where meals are served for
compensation to a person or persons residing in the building, and where no cooking
facilities are provided in individual living units.
BRACKETS: A simple rigid structure in the shape of an L, one arm of which is fixed
to a vertical surface, the other projecting.
BREEZEWAY: A small corridor with a roof, with no structure above it, and that is a
maximum of five feet (5') in width (but may be of any length and height). The
corridor provides a walking path between a main building and an accessory building,
usually a garage or carport, and is commonly unenclosed (i.e., is open to the
outside).
BUFFER: An area of land that is intended to mitigate negative impacts between land
uses and/or along roadways. A buffer may be landscaped and may also include
berms, walls, and/or fences.
BUILD-TO-L1NE: A build-to line identifies the precise horizontal distance from a
street right-of-way that the building must be built to, in order to create a uniform line
of buildings along the street.
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.
This does not include any fence unless it is structurally a part of the building.
BUILDING - MAIN, PRIMARY, OR PRINCIPAL: A building in which the permitted
and/or principal use of the lot on which such use is situated is conducted. In a
residential district, any dwelling shall be deemed to be the main building on the lot on
which it is situated.
BUILDING AREA: Area of the building site left to be built upon after the required
setbacks and easements have been provided.
Page 5-6
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(55) BUILDING ARTICULATION: See "Articulation".
(56) BUILDING CODE: All regulations adopted under Chapter 7 of the Pearland Code of
Ordinances.
(57) BUILDING DEPTH: The distance from the front edge of the building to the rear
measuring along the secondary face of the building.
(58) 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.
(59) BUILDING LINE: See "Setback Line" definition
herein.
(60) BUILDING OFFICIAL: That individual
designated by the City Manager to insure
compliance with the Building Code of the City of
Pearland, Texas, or the Building Official's
designee.
(61) BUILDING PERMIT: An instrument in writing
signed by the Building Official or other
designated responsible official authorizing
described construction on a particular lot.
(62)
(63)
(64)
(65)
City of Pear/and, Texas
Street
R.O.\-\'. Line
Front Yard
Front Building
Setback Line
-r---------- -
"'0
~
~
"0
;Z
Buildiug
Area
Side Hui/ding
Setback line
Rear Yard
Rear Bui/ding
Setback Une
BUILDING SETBACK LINE: A line defining an
area on the lot between the property line and the
building line within which no building shall be
constructed, encroach or project, except as
specifically authorized in an adopted City
ordinance.
(a) Front Building Setback Line: A line parallel to the street right-of-way line
which the building faces and takes its primary access from.
Side Building Setback Line: A line parallel to an adjacent lot, property line,
or street right-of-way on a corner lot, which the building sides up to.
Rear Building Setback Line: A line parallel to an adjacent lot, alley or street,
for double frontage lots, which the building backs up to and has its rear or
secondary access from.
Figure 5-2: Building Setback Lines
(b)
(c)
BUILDING WIDTH: The distance from one edge of the primary building face to the
other.
CAFE OR CAFETERIA: A commercial eating establishment where food, 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 or drive-through
windows.
CALIPER: The American Association of Nurserymen standard for trunk
measurement of nursery stock, as measured six inches (6") above the ground for
trees up to and including four inches (4") in caliper size, and as measured at twelve
inches (12") above the ground for larger sizes. If the tree has been severed at less
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Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
than twelve inches (12") above the soil line, then the caliper shall be measured
across the stump.
(66) CANOPY: The outermost branchy layer of a tree or a stand of trees, or an awning-
like projection from a wall that is made of rigid materials and is permanently attached
to a building's facade.
(67) CURB: The edge of the vehicular pavement as a raised curb or a swale. The curb
usually incorporates the drainage system.
(68) CERTIFICATE OF OCCUPANCY: A written instrument executed by the Building
Official authorizing a described use of a lot or building as set forth in the Building
Code and in this UDC, specifically in Chapter 1 and Chapter 4, Section 4.1.2.4.
(69) CHILD DAY CARE CENTER (BUSINESS): A licensed operation providing care for
seven (7) or more children under fourteen (14) years of age for less than 24 hours a
day at a location other than the permit holder's home. This definition is in
conformance with Texas State law, Chapter 745, Licensing, Subchapter B, Child
Day-Care Operations Chart.
(70) CHILD DAY NURSERY: Also commonly referred to as a Registered Family Home
or Child Care in a Place of Residence. A facility that regularly provides care in the
caretaker's own residence for not more than six (6) children under thirteen (13) years
of age, excluding the caretaker's own children. Child day care can be provided for six
(6) additional children before and/or after the customary school day. However, the
total number of children, including the caretaker's own, provided care at such facility
does not exceed twelve (12) at any given time. .This definition is in conformance
with Texas State law, Chapter 745, Licensing, Subchapter B, Residential Child-Care
Operations Chart.
(71) CHURCH/TEMPLE/PLACE OF WORSHIP: A building for regular assembly for
religious public worship which is used primarily for and designed for such purpose,
along with accessory activities which are customarily associated therewith, such as a
place of residence for ministers, priests, nuns or rabbis on the premises, and that is
tax exempt as defined by State law. For the purposes of this ordinance, Bible study
and other similar activities which occur in a person's primary residence shall not
apply to this definition. Also see Institution of Religious, Educational or Philanthropic
Nature.
(72) CITY: The City of Pearland, Texas, or any authorized or responsible person acting
on the City's behalf.
(73) CITY ENGINEER: The Pearland City Engineer or his authorized representative.
(74) CITY MANAGER: That person holding the office of City Manager under the terms of
the Pearland Charter, or an authorized representative.
(75) CITY SECRETARY: That person holding the office of City Secretary under the
terms of the Pearland Charter, or an authorized representative.
(76) CITY STANDARDS: All of the City's standards and specifications that apply to
development, together with all tables, drawings and other attachments. All City
standards described or referred to in this Unified Development Code are adopted by
referenced and are a part of this Unified Development Code in the same way as if
City of Pearland, Texas
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Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
they were set out at length herein. See also the Engineering Construction Standards
Technical Manual (ECSTM).
(77) CIVIC BUILDING: A building that is allowed greater design flexibility due the
prominence of its public functions and often its location. Civic buildings include
municipal buildings, faith-based institutions, churches, synagogues, libraries,
schools, educational facilities, auditoriums, and public recreation facilities. Civic
buildings do not include retail buildings, residential buildings, or privately owned
office buildings.
(78) CIVIC CENTER (MUNICIPAL): A building or complex of buildings that house
municipal offices and services, and which may include cultural, recreational, athletic,
food service, convention or entertainment facilities owned or operated by a
municipality.
(79) "CLASS A" OFFICE: An office building that is ten (10) years of age or less and that
has amenities such as full-time administrative staff support, high-speed internet
access, telecommunications access, conference rooms or suites, break rooms,
copier services, etc. Such a facility generally serves as office space for
professionals such as lawyers, financial planners, engineers, etc.
(80) CLEANING, DYEING OR LAUNDRY PLANT, COMMERCIAL: An industrial facility
where fabrics are cleaned with substantially nonaqueous organic solvents on a
commercial or wholesale basis.
(81) CLINIC, MEDICAL OR DENTAL: 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.
(82) CLUSTER DEVELOPMENT: A method of development for land that permits
variation in lot sizes without an increase in the overall density of population or
development. Refer to Chapter 2, Article 2, Division 4 of this Unified Development
Code.
(83) CLUSTER DEVELOPMENT PLAN: A plan submitted in conjunction with a proposed
cluster development that authorizes such development when approved under
Chapter 2, Article 2, Division 4 of this Unified Development Code.
(84) COLONNADE: Similar to an arcade except that it is supported by vertical columns
without arches.
(85) COLUMN FACE: The front edge of the supporting pillar or cylindrical shaft.
(86) COMMENCE(ING) CONSTRUCTION: The initial disturbance of soils associated
with clearing, grading, or excavating activities or other construction or development.
(87) COMMERCIAL AMUSEMENT, INDOOR: An amusement enterprise offering
entertainment or games of skill to the general public for a fee or charge, wherein all
portions of the activity takes place indoors, including, but not limited to, a bowling
alley, ice skating rink, racquetball/handball club, indoor tennis courts/club, indoor
swimming pool or scuba diving facility, and billiard parlor.
(88) COMMERCIAL AMUSEMENT, OUTDOOR: An amusement enterprise offering
entertainment or games of skill to the general public for a fee or charge, wherein any
portion of the activity takes place outdoors, including, but not limited to, a golf driving
City of Pearland, Texas
Page 5-9
(89)
(90)
(91)
(92)
(93)
(94)
(95)
(96)
(97)
(98)
(99)
(100)
City of Pearland, Texas
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
range, archery range, miniature golf course, batting cages, go-cart tracks, and
amusement park.
COMMERCIAL AMUSEMENT, TEMPORARY: An amusement enterprise that is in
operation on a temporary basis (Le., one month or less) offering entertainment or
games of skill to the general public for a fee or charge. Activity may take place in or
out of doors. Examples include a carnival or haunted house.
COMMERICIAL or BUSINESS MESSAGE: A message contains or conveys
commercial context or information or advertising for any business, commodity,
service, entertainment, product or other attraction or event.
COMMERCIAL USE: A type of nonresidential land use that has one or more of the
following characteristics: 1) the use is service-oriented; 2) the use does not primarily
sell retail items; 3) the use sells goods or products on a wholesale basis; or 4) the
use has or has the need for open storage areas or warehouses its products. Such
uses include motels, auto dealerships, welding shops, manufactured home sales,
mini-warehouses, funeral homes, auto body repair shops, and air conditioning and/or
heating services.
COMMERCIAL VEHICLE/TRUCK: See Heavy Load Vehicle definition herein.
COMMISSION: The City of Pearland Planning and Zoning Commission.
COMMON AREA: Land, not individually owned or dedicated for public use, within a
development that is designed and intended for the common use and enjoyment of
the residents of the development. May include complementary structures and
improvements.
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 development.
COMMON WALL: An approved fire-rated wall separating two (2) dwelling units or
businesses.
COMMUNITY HOME: A place where not more than six (6) physically or mentally
impaired or handicapped persons are provided room and board, as well as
supervised care and rehabilitation by not more than two (2) persons as licensed by
the Texas Department of Mental Health and Mental Retardation (also see Chapter
123 of the Texas Local Government Code). The limitation on the number of persons
with disabilities applies regardless of the legal relationship of those persons to one
another.
COMMUNITY OR SOCIAL BUILDINGS: A building or complex of buildings that
house cultural, recreational, athletic, food service or entertainment facilities owned or
operated by a governmental agency or private nonprofit agency.
COMPATIBILITY: The characteristics of different land uses or activities that permit
them to be located near each other in harmony and without conflict.
COMPLETE APPLICATION: An application that meets the standards of Chapter 1,
Article 2, Division 1, Section 1.2.2.1 of this UDC, and has been deemed complete by
the City in accordance with the Texas Local Government Code, Chapter 245, or
successor statute.
Page 5-10
Unified Development Code .} Chapter 5: Definitions .} Article 1: Generally Applicable Definitions
(101) COMPREHENSIVE PLAN: The Comprehensive Plan of the City of Pearland,
including any portion thereof that is separately adopted and any amendment to the
Comprehensive Plan or portion thereof.
(102) CONCEPT PLAN: A component of the regulations for a Planned Development
District that complies with the requirements of Chapter 2, Article 2, Division 2 of this
Unified Development Code that illustrates elements of the proposed Planned
Development District, such as the proposed location and arrangement of uses, the
relationship of such uses to base zoning districts, development phasing, planned
public improvements, open space, proposed amenities and the overall design of the
development.
(103) CONCRETE BATCHING PLANT: A permanent manufacturing facility engaged in
the production of concrete.
(104) CONDITIONAL USE PERMIT (CUP): A permit authorizing the establishment of a
use that may be suitable only in certain locations in a zoning district, or that is
allowed only when subject to standards and conditions that assure compatibility with
adjoining uses. See Chapter 2, Article 2, Division 3 and Chapter 2, Article 5, Division
2 (Land Use Matrix) of this Unified Development Code.
(105) 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 1301 a, Tex. Rev. Civ. Stat.
(106) CONSTRUCTION: With respect to a building, construction is the assembly of
materials into a structure, or the rehabilitation or replacement of a structure which
has been damaged, altered or removed or which is proposed to be altered or
removed to an extent exceeding fifty percent (50%) of the area of the structure at the
time of the damage, alteration or removal. For the purposes of this definition,
construction includes the installation of a parking lot.
(107) CONSTRUCTION PLANS: The drawings and technical specifications that conform
to Chapter 3, Article 1, Division 8 of this UDC. Construction plans, including bid
documents and contract conditions, where applicable, provide a graphic and written
description of the character and scope of the work to be performed in construction of
a development.
(108) CONTIGUOUS: Adjacent property whose property lines are shared (Le., abutting
property lines) or are separated by only a street, alley, easement or right-of-way.
(109) CONVENIENCE STORE WITH (OR WITHOUT) GASOLINE SALES: Retail
establishment selling food for off-premises consumption and a limited selection of
groceries and sundries, including possibly gasoline, if pumps are provided. Does not
include or offer any automobile repair services.
(110) CONVENT OR MONASTERY: A place of dwelling and/or study for persons under
religious vows.
(111) COPY/PRINTING SHOP: An establishment which primarily reproduces, in printed
form, individual orders from a business, profession, service, industry or government
organization. Off-set, letter press, and duplicating equipment are used, but no rotary
presses or linotype equipment are used. Related services might include faxing,
digitizing, graphic reproducing, and report assembling.
City of Pearland, Texas
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Unified Development Code -9- Chapter 5: Definitions -9- Article 1: Generally Applicable Definitions
(112) CORNER LOT: A lot abutting upon two (2) or more streets at their intersection(s).
(113) CORNICE: A decorative horizontal feature that projects outward near the top of an
exterior wall.
(114) COUNCIL: The City of Pearland Council.
(115) 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.
(116) COURTYARD: A roofed or unroofed private open space surrounded by building
walls on at least three sides.
(117) CUL-DE-SAC: A local street having one (1) inlet/outlet to another street and
terminated on the opposite end by a vehicular turnaround.
(118) DANCEHALLlNIGHTCLUB: An establishment offering to the general public facilities
for dancing and/or entertainment.
(119) DAY CAMP (FOR CHILDREN): A facility utilized for the organized recreation and
instruction of children, including outdoor activities in the vicinity of the facility, on a
daytime basis (Le., no overnight stays).
(120) DAY NURSERY: An establishment where children, separated from their parents or
guardian, are housed for care or training during the day (no overnight stay) or a
portion thereof on a regular schedule more often than once a week; does not include
a public school, private school, kindergarten or registered family home.
(121) DENSITY: The number of dwelling units per gross acre. All density calculations
shall be made using gross acreage, inclusive of easements, thoroughfare rights-of-
way, and streets dedicated and accepted prior to platting of the property.
(122) DEPARTMENT STORE: A store selling a wide variety of goods, which are arranged
into departments.
(123) DETENTION/RETENTION POND: As defined within the City's Engineering Design
Criteria Manual (EDCM).
(124) DEVELOPED AREA: That portion of a plot or parcel upon which a building,
structure, pavement or other improvements have been placed.
(125) DEVELOPER: An individual, partnership, corporation or governmental entity
undertaking the division or improvement of land and other activities covered by this
Unified Development Code, including the preparation of a subdivision or
development plat showing the layout of the land and the public improvements
involved therein. The term "developer" is intended to include the term "subdivider,"
even though personnel in successive stages of a development project may vary.
(126) DEVELOPMENT: Initiation of any activities related to the platting of land or
construction of buildings or structures, the construction of impervious surfaces, the
installation of utilities, roadways, drainage facilities or other infrastructure; or any
disturbance of the surface or subsurface of the land in preparation for such
construction activities, including without limitation removal of vegetation, grading,
clearing, filling, or removal of soil.
City of Pearland, Texas
Page 5-12
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(127) DEVELOPMENT APPLICATION: Either a petition for a legislative decision or an
application for a development permit.
(128) DEVELOPMENT PERMIT: A decision by the Commission, Board or responsible
official designated by this Unified Development Code, acting in an administrative or
quasi-judicial capacity, that authorizes the holder of the permit to undertake one or
more development activities or to file further applications needed to initiate or
continue development activities authorized under the Unified Development Code.
The filing of a complete application for a development permit mayor may not stay
the City from adopting new standards applicable to the permit or any subordinate
permit, depending on the nature of the standards.
(129) DEVELOPMENT STANDARDS: All regulations, design standards, requirements and
restrictions that apply to a development.
(130) DIRECTOR, PLANNING: The Director of the City Department of Planning or the
Director's designee.
(131) DIRECTOR, PUBLIC WORKS: As defined by City Charter authorizing same
position.
(132) DISTRICT: A zoning district under this Unified Development Code.
(133) DORMERS: Small, roofed ancillary structures with windows providing light and air to
habitable space within the roof. Dormers are permitted and do not constitute a story
so long as they do not break the primary eave line.
(134) DORMITORY: Any structure specifically designed to house student tenants
associated with a university, college or school, public or private.
(135) DRAG STRIP/RACE TRACK: An establishment where a pre-established race
course of at least %-mile in length is located.
(136) 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.
(137) DRIVE-IN THEATER: An open lot with its appurtenant facilities devoted primarily to
the showing of motion pictures or theatrical productions on a paid admission basis to
patrons seated in automobiles.
(138) DRIVEWAY: A minor private entranceway off the common access route into an off-
street parking area.
(139) DUPLEX: See Dwelling - Two-Family.
(140) DUMPSTER: A large, metal refuse receptacle specifically designed to be emptied
by heavy machinery and which is otherwise stationary.
(141) DWELLING/DWELLING UNIT: Any building or portion thereof which is designed or
used exclusively for residential purposes. The term "Dwelling Unit" shall not include
rooms in hotels, motels or institutional facilities.
(142) DWELLING - INDUSTRIALIZED HOME: (Also called Modu/ar Prefabricated
Structure or Modular Home.) A structure or building module as defined under the
jurisdiction and control of the Texas Department of Labor and Standards, that is
City of Pearland, Texas
Page 5-13
Unified Development Code {> Chapter 5: Definitions {> Article 1: Generally Applicable Definitions
transportable in one or more sections on a temporary chassis or other conveyance
device, and that is designed to be installed and used by a consumer as a fixed
residence on a permanent foundation system. The term includes the plumbing,
heating, air-conditioning and electrical systems contained in the structure. The term
does not include mobile homes or HUD-Code manufactured homes as defined in the
Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.)
(143) DWELLING - HUD-CODE 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 three hundred and twenty (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.
(144) DWELLING - 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 three hundred and twenty (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.
(145) DWELLING - MULTIPLE-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. The residential building contains dwelling units that are designed to
be occupied by families living independently of one another, exclusive of hotels or
motels. This definition includes three-family units (triplexes) and four-family units
(quadriplexes), as well as traditional apartments.
(146) DWELLING - PATIO HOME: A single-family dwelling on a separately platted lot
which is designed such that one side yard is reduced to zero feet in order to
maximize the width and usability of the other side yard, and which permits the
construction of a detached single-family dwelling with one side (i.e., wall) of such
dwelling placed on the side property line.
(147) DWELLING - QUADRIPLEX: Four (4) dwelling units joined by common sidewalls.
(148) DWELLING - SINGLE-FAMILY: A residential building, other than a mobile home,
designed for occupancy by one family or individual.
(149) DWELLING - SINGLE-FAMILY DETACHED: A single-family dwelling unit with no
attached wall(s) or dwelling unit(s).
(150) DWELLING - TOWN HOUSE: 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.
(151) DWELLING - TWO-FAMILY: A residential building containing two attached dwelling
units, each designed to be occupied by one family (i.e., the building is occupied by
not more than two families).
City of Pearland, Texas
Page 5-14
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(152) EASEMENT: An interest in land granted to the City, to the public generally and/or to
a private entity.
(153) EDCM: The acronym for the City's Engineering Design Criteria Manual.
(154) EFFICIENCY APARTMENT: An apartment without a bedroom separate from other
living quarters.
(155) ELEVATION: The exterior walls of a building not along a frontage.
(156) EMERGENCY VEHICLE: Any vehicle meeting the requirements for emergency
vehicles under State Law or City Ordinance.
(157) ENFORCING OFFICER: The designated Enforcing Officer of the City of Pearland or
his designated representative.
(158) ENGINEER: A person duly licensed under the Texas Engineering Practice Act to
practice the profession of engineering.
(159) ENTRANCE, PRIMARY: The principal place of pedestrian entry to a building. In the
support of pedestrian activity, the primary entrance should give to the frontage rather
than to the parking.
(160) ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. Environmental
Protection Agency, or, where appropriate, the administrator or other duly authorized
official of that agency.
(161) ERECT: To construct, reconstruct, install or build.
(162) ETJ: Extraterritorial jurisdiction. See the definition of Extraterritorial Jurisdiction
herein.
(163) EXCAVATION: Any digging, trenching, scraping or other activity that disturbs natural
soil or rock to a depth of two feet or more, other than soil disturbance incidental to
the removal of trees or vegetation.
(164) EXPRESSION LINE: A decorative horizontal feature that projects outward from an
exterior wall to delineate the top of the first story of a multi-story building.
(165) EXTENDED STAY HOTEL/MOTEL: A multi-unit, extended stay lodging facility
consisting of efficiency units or suites with complete kitchen facilities and which is
suitable for long-term occupancy. Customary hotel services such as linens and
housekeeping, telephones, and upkeep of furniture shall be provided. Meeting
rooms, club house, and recreational facilities intended for the use of residents and
their guests are permitted. This definition shall not include other dwelling units as
defined by this UDC.
(166) EXTRATERRITORIAL JURISDICTION: The unincorporated area, not a part of any
other municipality, which is contiguous to the corporate limits of the City of Pearland,
the outer limits of which are measured from the extremities of the corporate limits of
the City outward for the distances as may be stipulated in Chapter 42 of the Texas
Local Government Code in accordance with the population of the City of Pearland,
and in which area the City may enjoin violation of certain provisions of this Unified
Development Code.
City of Pearland, Texas
Page 5-15
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(167) FACADE: The entire area of a side (the elevation) of a building or structure that
extends from ground level to the top of a parapet, wall or eave(s) and from one
corner to another. The area of a facade is defined by the outer limits of all of its
visible exterior elements. Separate faces of a building oriented in the same direction
or within 45 degrees of each other are considered part of the same fa9ade.
(168) FACADE TRANSPARENCY: The quality of being able to see through the primary
face of a building.
(169) 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.
(170) FARM (RANCH, LIVESTOCK): An area used for the raising thereon of the usual
farm animals such as horses, cattle, and sheep and including the necessary
accessory uses for raising, treating, and storing animals on the premises, but not
including the commercial feeding of offal or garbage to swine or other animals and
not including any type of husbandry specifically prohibited by ordinance or law.
(171) FEED AND GRAIN STORE/FARM SUPPLY STORE: An establishment for the
selling of corn, grain and other food stuffs for animals and livestock, and including
implements and goods related to agricultural processes, but not including farm
machinery.
(172) FENCE: A tangible barrier constructed of any allowable materials (excluding natural
vegetation) erected for the purpose of providing a boundary or as a means of
protection, or to prevent uncontrolled access, or for decorative purposes, or to
screen from viewers in or on adjoining properties and streets, materials stored and
operations conducted behind such barrier. A "Gateway" as defined herein shall not
be considered a fence.
(173) FENCE, LIVING: A hedge of vegetation used as a screening device or a fence with
vegetation growing to it or on it which at the time of maturity prevents a visually
"open" effect, providing a visual barrier by blocking the normal line of sight.
(174) FENCE, PRIVACY: A solid barrier erected or constructed to prevent views across
the fence line.
(175) FINAL DEVELOPMENT PLAT: The plat for a development (other than a
subdivision) for which platting is required which, when approved under Chapter 1,
Article 6, Division 5 of this Unified Development Code, will be recorded in the official
public records.
(176) FINAL SUBDIVISION PLAT: The plat of a subdivision for which platting is required
which, when approved under Chapter 1, Article 6, Division 5 of this Unified
Development Code, will be recorded in the official public records.
(177) FINANCIAL INSTITUTION (WITH OR WITHOUT MOTOR BANK SERVICES): An
establishment for the custody, loan, exchange and/or issue of money, the extension
of credit, and/or facilitating the transmission of funds, examples of which include
banks, saving and loans, and credit unions. The establishment mayor may not have
the ability to provide services via a drive-up window, also known as motor bank
services.
City of Pearland, Texas
Page 5-16
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
Fill above Floodplain ~
a minimum of one-foot (1). I
I
i
I
I
L Roo' m.~ -J ,_. j
I I Floodway
l----~-~---------------- 100 Year Floodplain
/
/
Fill-.!
Flood Fringe
Figure 5-3: Illustration of 100- Year Floodplain Elevation
(178) FIRE STATION: Any public service building of the municipal government that is used
in the provision of fire protection services, including the housing of fire fighting
personnel and/or apparatus.
(179) 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').
(180) FLOOD or FLOODING: A general or temporary condition of partial or complete
inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation of runoff of surface waters from any source.
(181) FLOOD FRINGE: That portion of the floodplain, outside the floodway, that is subject
to inundation by the 1 DO-year recurrence interval flood. (See Figure 5-3.)
(182) FLOOD HAZARD AREA: Land in the floodplain within the City subject to a one
percent (1 %) or greater chance of flooding in any given year. This area is shown as
zones A, AE, AH, AO, A1--99, va, V1--30, VE or V on the Flood Insurance Rate
Map (FIRM).
(183) FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community
(184) FLOODPLAIN (or Flood-Prone Area): Any area of land that is subject to being
inundated by water from any source. (See Figure 5-3 above, and definition for Flood
or Flooding.)
(185) FLOODWAY (Regulatory Floodway): The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base
City of Pear/and, Texas
Page 5-17
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
flood without cumulatively increasing the water surface elevation more than a
designated height. (See Figure 5-3 above.)
(186) FLOOR AREA: The sum total area of all climate controlled floors as calculated from
measurements to outside walls.
(187) FOOD STORE/SUPERMARKET: A retail market primarily selling consumable goods
that are not to be eaten on the premises. Prepared food and other items and/or
services may be sold only in limited quantities as a secondary or accessory use.
(188) FRANCHISED PRIVATE UTILITY: A utility such as one distributing heat, electricity,
telephone, cable television or similar service and requiring a franchise to operate in
the City of Pearland.
(189) FRATERNAL ORGANIZATION: An organized group having a restricted membership
and specific purpose related to the welfare of the members. Examples include
common organizations such as the Elks, Masons, Knights of Columbus, or a labor
union.
(190) FRATERNITY OR SORORITY HOUSE: A building other than a hotel that is
occupied only by individuals enrolled in a college or university located within the City
and persons to attend the house and supervise activities of the fraternity or sorority.
Except for the attendants, each resident is a member of a fraternity or sorority that is
recognized by the college or university and chartered by a state or national
organization.
(191) FRONTAGE: The linear distance of the property line measured along all abutting
street rights-of-way.
(192) FRONT PORCH: see porch.
(193) FUNERAL HOME: A place for the storage of human bodies prior to their burial or
cremation, which may also be used for the preparation of the deceased for burial and
the display of the deceased and ceremonies connected therewith before burial or
cremation.
(194) GARDEN SHOP & OUTSIDE PLANT SALES: (Also referred to as Plant Nursery.)
An establishment, including a building, part of a building or open space, for the
growth, display and/or sale of plants, shrubs, trees and other materials used in
indoor or outdoor planting.
(195) GARDEN WALL: A masonry wall defining a property line or delineating a private
area.
(196) GASOLINE SERVICE STATION: An establishment where gasoline is sold and
dispensed into motor vehicle tanks.
(197) GATEWAY: A marker for a point of arrival or entrance.
(198) GOLF COURSE (PRIVATE): An area of twenty (20) acres or more improved with
trees, greens, fairways, hazards, and which may include clubhouses, and which is
owned and operated by a private business entity.
(199) GOLF COURSE (PUBLIC): An area of twenty (20) acres or more improved with
trees, greens, fairways, hazards, and which may include clubhouses, and which is
owned and operated by the City of Pearland.
City of Pearland, Texas
Page 5-18
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(200) 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 feet (5')
in distance 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 (5') in distance from said wall. In case walls are parallel to and within
five feet (5') of a public side-walk, alley or public way, the grade shall be the
elevation of the sidewalk, alley or public way. See Figure 5-4.
GRAD E (Adjacent Ground Elevation)
shall be the lowest point of elevation
of the finished suIface of the ground
between the exterior wall of building
and a point five feet (5') in distance
from said wall.
5'
If walls are parallel to and within five feet (5')
of a public sidewalk, alley, or public way, the
grade shall be the elevation of the sidewalk,
alley, or public way.
Figure 5-4: Grade
(201) GROSS DENSITY: The number of dwelling units per gross acre. All density
calculations shall be made using gross acreage, inclusive of easements,
thoroughfare rights-of-way, and streets dedicated and accepted prior to platting of
the property.
(202) 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.
(203) HABITABLE: A space in a structure available for living, sleeping, eating, cooking, or
any commercial purposes, However, storage space is not considered to be
habitable space.
(204) HARDWARE STORE: A store in which the primary items offered for sale are wares
such as fittings, tools, machinery, utensils and other similar objects.
(205) HEAVY LOAD VEHICLE: A self-propelled vehicle having a manufacturer's
recommended Gross Vehicle Weight (GVW) of greater than 16,000 pounds
(including trailers), such as large recreational vehicles (originally manufactured as
RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The
term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically
stated otherwise.
(206) HEAVY MACHINERY SALES, STORAGE & REPAIR: The sale, trade, transfer,
storage, and/or repair of any motor propelled machinery used for excavation and/or
construction purposes.
City of Pearland, Texas
Page 5-19
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(207) HELlPORT/HELlPAD: A landing facility for rotary wing aircraft subject to regular use
and which may include fueling or servicing facilities for such craft.
(208) HOBBY SHOP: See Specialty Shop.
(209) HOLIDAY: A day on which custom dictates commemoration of a particular event.
For the purposes of this UDC, holiday shall be deemed to include any day(s) of
religious celebration, such as Christmas, Hanukah, and Easter, as well as the 4th of
July, Labor Day, Memorial Day, Presidents' Day, Martin Luther King Day, Halloween,
Valentine's Day.
(210) HOME FOR ALCOHOLIC, NARCOTIC OR PSYCHIATRIC PATIENTS: An
institution offering in- or out-patient treatment to alcoholic, narcotic or psychiatric
patients.
(211) HOME IMPROVEMENT CENTER: Materials, tools, and/or hardware customarily
used in the construction of buildings and other structures, including facilities for
storage of materials for retail sales.
(212) HOME OCCUPATION: An occupation carried on in a dwelling unit, or in an
accessory building to a dwelling unit, by a resident of the premises, and which is
clearly incidental and secondary to the use of the premises for residential purposes.
(213) 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.
(214) HOSPITAL (FOR PROFIT): A building or portion thereof, used or designed for the
housing or treatment of sick or injured patients where they are given medical or
surgical treatment intended to restore them to health and an active life, and which is
licensed by the State of Texas. This definition does not include rooms in any
residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied
by said persons. Said building houses a business operation intended to make a
profit for the financial gain of the shareholders/owners of the operation.
(215) HOSPITAL (NON-PROFIT): A building or portion thereof, used or designed for the
housing or treatment of sick or injured patients where they are given medical or
surgical treatment intended to restore them to health and an active life, and which is
licensed by the State of Texas. This definition does not include rooms in any
residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied
by said persons. Said building houses a business operation that is not intended to
make a profit for financial gain of any shareholder/owner of the operation.
(216) HOTEL/MOTEL: A facility offering temporary lodging accommodations or guest
rooms on a daily rate to the general public and possibly providing additional services,
such as restaurants, meeting rooms, housekeeping service and recreational
facilities, on an accessory use basis. For the purposes of this definition, a guest
room shall be defined as a room designed for the overnight lodging of hotel guests
for an established rate or fee.
City of Pearland, Texas
Page 5-20
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(217) HOUSEHOLD CARE FACILITY: (Also referred to as Hospice.) A dwelling unit
which provides residence and care to not more than nine (9) persons, regardless of
legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or
neglected children; victims of domestic violence; or rendered temporarily homeless
due to fire, natural disaster or financial setbacks, living together with not more than
two supervisory personnel as a single housekeeping unit. This definition is subject to
Art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and Art. 1011 n
(Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they
presently exist or may be amended in the future.
(218) IMPERVIOUS COVER: The total amount of impermeable surfaces, including
buildings, pavement, and rooftops, which prevent the infiltration of water into the soil.
a. Any outside area that is covered with a roof structure, whether fully enclosed or
not, shall be considered as part of the total amount of impermeable surfaces.
b. Wooden decking - planks of wood with gaps (approximately 1/4-inch) in between
- is not considered as part of the total amount of impermeable surfaces.
c. However, other typical outdoor surfaces that do not allow for water infiltration,
such as exposed aggregate surfacing or concrete porches, shall be considered
as part of the total amount of impermeable surfaces.
d. Swimming pools shall not be considered as part of the total amount of
impermeable surfaces.
(219) IMPROVED LOT OR TRACT: A lot or tract that has a structure or other
improvement on it that causes an impervious coverage of the soil under the structure
or improvement.
(220) INDUSTRIAL, MANUFACTURING: Establishments engaged in the manufacturing or
transformation of materials into new products. These establishments are usually
described as plants and factories, and characteristically use power driven machines
and materials handling equipment. Manufacturing production is usually carried on
for the wholesale market, rather than for direct sale to the domestic consumer.
(221) INSTITUTION OF RELIGIOUS, EDUCATIONAL OR PHILANTHROPIC NATURE:
A nonprofit, religious, or educational semi-public or public use, such as the Salvation
Army, Habitat for Humanity, or an outreach religious facility.
(222) INTERESTED PERSON: A person who is impacted by a final decision of the City to
the extent that such impact exceeds the impact of the decision on a member of the
general public. An interested person may include any officer or agency of the City.
(223) 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.
(224) LABORATORY, MEDICAL OR DENTAL: An indoor establishment that includes
laboratories and/or experimental equipment for medical or dental testing, prototype
design and development, and product testing.
(225) LABORATORY, SCIENTIFIC OR RESEARCH: An indoor establishment equipped
for experimental study in a science or for testing and analysis.
City of Pearland, Texas
Page 5-21
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(226) LANDSCAPED: Adorned or improved by contouring land and placing thereon live
flowers, shrubs, trees, grass, other vegetation, water features, and/or pervious rock
material.
(227) LANDSCAPED AREA: The area of a developed site/lot that is required by this UDC
to consist of landscaping materials, trees and/or groundcover. Refer to Chapter 2
and Chapter 4 for specific requirements.
(228) LAUNDROMAT (SELF-SERVICE LAUNDRY): A facility where patrons wash, dry or
dry clean clothing and other fabrics in machines that are operated by the patron.
(229) LAUNDRY/DRY CLEANING (RETAIL ONLY - DROP OFF/PICK UP): A facility
used for the purpose of receiving articles or goods of fabric to be subjected to the
process of laundering, dry cleaning, or cleaning elsewhere, and for the pressing and
distribution of any such articles or goods that have been subjected to any such
process.
(230) LIGHT INDUSTRIAL USE: A use engaged in the processing, manufacturing,
compounding, assembling, packaging, treatment, or fabrication of materials and
products, from previously manufactured materials. Such use is capable operating in
such a manner as to control the external effects of the manufacturing process, such
as smoke, noise, odor, etc.
(231) LIGHT LOAD VEHICLE: A self-propelled vehicle having a manufacturer's
recommended gross vehicle weight (GVW) not greater than 16,000 pounds and
having no more than two axles, such as pick-up trucks, sport utility vehicles, vans
and mini-vans, recreational vehicles (less than 32 feet in length), campers and other
similar vehicles but not including automobiles and motorcycles.
(232) LIGHT MANUFACTURING: Process(es) 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 at the
boundary of the district which is generally perceptible in frequency or pressure above
the ambient level of noise in the adjacent areas.
(233) LOCAL UTILITY LINE (Above-Ground or Below-Ground): The facilities provided by
a municipality or a franchised utility company for distribution or collection of gas,
water, surface drainage water, sewage, electric power or telephone service,
including pad- and pole-mounted transformers.
(234) LODGING: Premises available for daily and weekly renting of bedrooms.
(235) LOT: An undivided tract or parcel of land shown and designated with a tract or lot
number on a duly recorded subdivision or development plat. A lot is or may be
offered for sale, conveyance, transfer or improvement, which is designated as a
distinct and separate tract, and which is identified by a tract, or lot number or symbol
in a duly approved subdivision plat that has been properly filed of record.
(236) LOT COVERAGE: The amount of impervious cover (see definition) on a lot.
(237) LOT MEASUREMENT: Refer to Chapter 2, Article 6, Division 1 for diagrams related
to these definitions.
a. Lot Area - The net area of the lot, expressed in square feet or acreage and shall
not include portions of any public street or alley, but may include easements.
City of Pearland, Texas
Page 5-22
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
b. Lot Depth - 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).
c. Lot Width - 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.
d. Lot, Double Frontage - Any lot, not a corner lot, with frontage on two streets that
are parallel to each other or within 45 degrees of being parallel to each other.
e. Lot, Flag-Shaped - An irregularly shaped lot that takes its sole access via a
long, narrow strip of land connecting the principal building site to a public street.
f. Lot, Irregular - Any lot not having equal front and rear lot lines or equal side lot
lines; a lot, the opposite lot lines of which vary in dimension and the corners of
which have an angle of either more or less than 90 degrees.
g. Lot Line: the boundary that legally and geometrically demarcates a lot.
h. Lot, Thumbnail (or Eyebrow) - A partial cul-de-sac bulb, usually with a central
angle of 180 degrees or less.
(238) MAIN BUILDING: The building on a lot which are occupied by the primary (main)
use.
(239) MANUFACTURED HOME: See Dwelling - HUD-Code Manufactured Home.
(240) MANUFACTURED HOME DISPLAY, SALES AND/OR RENTAL (NEW OR USED):
The offering for sale, rental, storage, or display of new or previously owned (Le.,
used) manufactured housing units (e.g., mobile homes/trailers, HUD-Code homes,
industrialized homes) on a parcel of land, but excluding the use of such facilities as
dwellings either on a temporary or permanent basis.
(241) MANUFACTURED HOME/MOBILE HOME SPACE: A division of a parcel of land
into a single lot for use by a single manufactured home or mobile home, as
applicable.
(242) 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.
(243) 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.
(244) MASONRY: Brick, stone brick veneer, custom treated tilt wall, decorative or textured
concrete block, split face block and stucco. EIFS (exterior insulation and finish
systems) shall be included within this definition only for the purposes of masonry
trim.
(245) MASTER PLAT: The initial plat for a subdivision to be developed in phases that
delineates the sequence and timing of development within the proposed subdivision,
and that is reviewed and decided under Chapter 3, Article 1, Division 2 of this Unified
Development Code.
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(246) METAL: 24-gauge or heavier architectural panels (wall systems) with concealed
fasteners and no exposed seams. Corrugated metal, exposed fasteners, and
exposed seams are not included in this definition. Other materials (i.e., from
technological advances) may be considered metal by the City when such materials
are deemed to be the same or better in quality and appearance.
(247) MINI-WAREHOUSE/SELF-STORAGE: Small individual storage units for rent or
lease, restricted solely to the storage of items, such as motor vehicles, trailers, boats,
bulky household goods, and sundry personal property. There is no conduct of sales,
business or any other activity within the individual storage units.
(248) MINOR SUBDIVISION PLAT: A plat dividing land into no more than four (4) lots that
may be administratively approved under certain circumstances under Chapter 3,
Article 1, Division 6 of this Unified Development Code.
(249) MOBILE HOME: See Dwelling - Mobile Home.
(250) MOLDINGS: An embellishment in strip form, made of wood or other structural
material, that is used to decorate or finish a surface.
(251) MULLIONS: A vertical member, as of stone or wood, dividing a window or other
opening.
(252) MOTION PICTURE THEATER (INDOORS): An indoor establishment charging
admission to the general public for the privilege of observing a live, televised, or
motion picture performance.
(253) MULTIPLE BUILDING COMPLEX: More than one (1) principal structure on a
building lot.
(254) MULTIPLE-OCCUPANCY or MULTI-TENANT: One or more adjacent premises
containing two or more occupancies, each having main entrances directly from the
exterior of a common building or complex of buildings and utilizing common facilities
for vehicular access, parking, landscaping, etc.
(255) NET DENSITY: The number of dwelling units per nets acre. Net density
calculations are made using net acreage, exclusive of thoroughfare rights-of-way and
retention/detention areas, and public or private streets that are platted or are to be
platted as part of the development of the property.
(256) NONCONFORMING LOT: A lot that does not conform to the regulations of Chapter
2 of this Code. See Section 2.7.2.3 for further information.
(257) NONCONFORMING STRUCTURE: A structure that does not conform to the
regulations of Chapter 2 of this Code. See Section 2.7.2.2 for further information.
(258) NONCONFORMING USE: A use of property that does not conform to the regulations
of Chapter 2 of this Code. See Section 2.7.2.1 for further information.
(259) NURSING/CONVALESCENT HOME: (Also referred to as Long-Term Care Facility
or Skilled Nursing Facility.) A facility providing primarily in-patient health care,
personal care, or rehabilitative services over a long period of time to persons who
are chronically ill, aged or disabled and who need ongoing health supervision but not
hospitalization.
(260) OCCUPANCY: Any utilization of real property.
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(261) OFF-STREET PARKING INCIDENTAL TO NONRESIDENTIAL MAIN USE: Off-
street parking spaces provided in accordance with the requirements of this
Ordinance, located on the lot or tract occupied by the main nonresidential use or
within the vicinity of such lot or tract, and located within the same zoning district as
the main nonresidential use or in an adjacent parking district.
(262) OFFICE/CLINIC, VETERINARIAN: A place where a veterinarian maintains
treatment facilities for diseased or injured animals, including boarding facilities (no
outside pens or kennels).
(263) OFFICE, MEDICAL/DENTAL: An office or group of offices for one or more
physicians for the examination and treatment of ill and afflicted human outpatients.
(264) OFFICE, PROFESSIONAL AND GENERAL BUSINESS: An office or group of
offices used for the provision of executive, management, administrative services, or
any other vocation involving predominately mental or intellectual skills requiring post-
secondary education. Specifically excludes any activity involving sales of personal
property and veterinary clinics.
(265) OFFICE WAREHOUSE STORAGE OR SALES: An establishment with more than
twenty-five percent (25%) of the total floor area devoted to storage and warehousing,
and may include the sales of office products, but sales are not generally accessible
to the public.
(266) OFFICIAL FILING DATE: The date that a complete application (see definition) has
been accepted by the City for filing.
(267) OPEN SPACE: Property designated for recreational use, including a private park,
play lot, plaza or ornamental area intended for use or enjoyment by people. Open
space does not include streets, alleys, utility easements, public parks or required
setbacks.
(268) 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.
(269) OUTSIDE DISPLAY: (Also referred to as Outside or Outdoor Sales.) Any primary
use of a premises whereon goods, materials, or merchandise is displayed for the
purpose of sale on a temporary basis for not more than twenty-four (24) hours, and
which the display area is greater than thirty percent (30%) of the gross floor area of
the principal building
(270) OUTSIDE STORAGE: (Also referred to as Open Storage.) Keeping, displaying or
storing, outside a building, of any goods, materials, merchandise or equipment on a
lot or tract on a generally permanent basis for more than twenty-four (24) hours.
(271 ) OVERLAY ZONING DISTRICT: A zoning district that establishes regulations that
combine with the regulations of an underlying (base) zoning district. The purposes of
an overlay district shall be to prohibit uses otherwise allowed in the base district, to
establish additional or different conditions for such uses, or to authorize special uses,
together with standards for such uses, not otherwise allowed in the base district.
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(272) PARK OR PLAYGROUND (PRIVATE): A recreation facility, park or playground
which is not owned by a public agency such as the City or School District, and which
is operated for the exclusive use of private residents or neighborhood groups and
their guests and not for use by the general public.
(273) PARK OR PLAYGROUND (Public; Municipal): Publicly owned and operated parks,
recreation areas, playgrounds, swimming pools and open spaces that are available
for use by the general public without membership or affiliation. This land use shall
include special event type uses such as rodeos, concerts, festivals and other special
events requiring special event permits, as set forth in the City of Pearland's Code of
Ordinances.
(274) 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.
(275) PARKING LOT (Truck Storage): A place where one or more trucks are parked or
stored.
(276) 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.
(277) PARKING, STACKED: Also known as Tandem parking. An off-street parking stall
arrangement, not more than two spaces in depth, wherein one space is located
directly in front of another space and requires the moving of the rear vehicle in order
for another vehicle to enter or leave the forward space.
(278) 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.
(279) PAVED: Ground surface covered with concrete and constructed in conformance
with applicable requirements of the City of Pearland Building Code.
(280) 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. The establishment may also be involved in the retail sale
of primarily used items is also allowed, provided that the sale of such items complies
with local, State and Federal regulations.
(281) PERMITTED USE: A use specifically allowed in one (1) or more of the various
districts by right. This term does not include conditionally permitted uses.
(282) 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.
(283) PERSON IN CHARGE: Any person who has real or apparent care, custody, and
control of real property or buildings located thereon.
(284) PERSONAL SERVICE SHOP: A retail 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.
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(285) PET CARE FACILITY/ANIMAL KENNEL: A commercial establishment in which
dogs or other domesticated (pet) animals are housed, groomed, bred, boarded,
trained, sold, or provided other health and well-being related services, for a fee or
compensation. This term along with the parenthetical phrase "without outdoor pens"
means that all of the listed activities occur indoors, except outdoor exercise under
supervision for a limited period of time (e.g., one-half to one hour at a time). This
term along with the parenthetical phrase "with outdoor pens" means that all of the
listed activities may occur outdoors for an extended period of time. This term does
not include a veterinary clinic.
(286) PETITION FOR A LEGISLATIVE DECISION: A request for approval of an action
authorized under this Unified Development Code requiring action by the City Council
acting in its legislative capacity.
(287) PETITION FOR CHANGE IN NON-CONFORMING STATUS: A request by a
property owner to the City of Pearland Zoning Board of Adjustment (ZBA) under
Chapter 2, Article 2, Division 5 of this Unified Development Code for a change in the
status of a non-conforming use or structure to allow for modification to the use or
property owned.
(288) PETITION FOR RELIEF FROM DEDICATION OR CONSTRUCTION
REQUIREMENT: A request for relief from a requirement imposed under this Unified
Development Code to dedicate or construct a public improvement based on
constitutional standards, and that is reviewed and decided under Chapter 1, Article 3,
Division 2 of this Unified Development Code.
(289) PETROLEUM PRODUCTS BULK STORAGE (WHOLESALE): A facility for the
long-term storage and distribution of petroleum that may also involve wholesale
sales, but not retail sales, of petroleum and petroleum-based products. No
manufacturing or refining of petroleum or petroleum-based products occurs on the
premises, only storage and/or distribution functions.
(290) PLANNED DEVELOPMENT (PD) DISTRICT: A land development project
comprehensively planned which permits flexibility in building siting, mixtures of
housing types and land uses, usable open spaces, and the preservation of significant
natural features. Such district adheres to the standards of Chapter 2, Article 2,
Division 2 of this UDC.
(291) PLAT: A map, drawing, chart or plan showing the exact layout and proposed
construction of a proposed development into one or more lots, blocks, streets, parks,
school sites, commercial or industrial sites, easements, alleys and/or any other
elements as required by this Unified Development Code and which a subdivider shall
submit for approval in accordance with this Unified Development Code.
(292) POLICE STATION: Any public service building of the municipal government that is
used in the provision of police protection services, including the housing of police
personnel and related automobiles.
(293) PLAZA: An unroofed public open space designed for pedestrians that is open to
public sidewalks on at least one side.
(294) PORCH, (FRONT PORCH): The ground floor platform attached to the front or side
of the main building.
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(295) PRELIMINARY DEVELOPMENT PLAT: A plat that illustrates and thereby assures
the adequacy of public facilities needed to serve the intended development and the
overall compliance of such development with applicable requirements of the Unified
Development Code and that is reviewed and decided prior to approval of a Final
Development Plat under Chapter 3, Article 1, Division 4 of this Unified Development
Code.
(296) PRELIMINARY SUBDIVISION PLAT: A plat that illustrates and thereby assures the
general layout of a proposed subdivision, the adequacy of public facilities needed to
serve the proposed subdivision, and the overall compliance of the land division with
applicable requirements of the Unified Development Code and that is reviewed and
decided prior to approval of a Final Subdivision Plat under Chapter 3, Article 1,
Division 3 of this Unified Development Code.
(297) PREMISES: A parcel or tract of land or one or more platted lots under the same
ownership and use, together with the buildings and structures located thereon.
(298) PRIVATE OPEN SPACE: Private property under common ownership designated for
recreational use, including a private park, play lot, plaza or ornamental area intended
for use or enjoyment of property owners within a subdivision. Open space does not
include streets, alleys, utility easements, public parks or required setbacks.
(299) PROJECT COVERAGE: The total amount of impermeable surfaces (impervious
cover) of an entire proposed development, as opposed to the lot-by-Iot amount
defined for the impervious cover calculation.
(300) PROJECTING FACADE ELEMENTS: Building elements which attach to the outside
of the primary building envelope. Projecting fayade elements can include stoops,
porches, bay windows, awnings, canopies, second-floor balconies, colonnades, or
arcades.
(301) PROPANE SALES (RETAIL): Retail sales of gaseous substances commonly used
for household purposes such as propane or butane; does not include the storage,
sale or distribution of other types of combustible substances or alternative fuels such
as containerized natural gas, liquid propane, etc.
(302) PUBLIC ART: Art that is visually or physically accessible to the public (within the
public realm e.g. a Street) and that is acquired by City funds, donated to the City, or
provided by a private entity as a community benefit, including monuments and
statues, building ornament, and visible public infrastructure such as bridges, etc.
(303) PUBLIC OPEN SPACE: Property that is owned by or dedicated to the City and that
is designated for recreational use, including a park, play lot, plaza or ornamental
area intended for use or enjoyment of citizens. Open space does not include streets,
alleys, utility easements, public parks or required setbacks.
(304) PUBLIC RIGHT-OF-WAY: A strip of land used or intended to be used, wholly or in
part, as a public street, alley, crosswalk way, sidewalk or drainageway.
(305) PUBLIC VIEW: Areas that can be seen from any public street.
(306) RECONSTRUCTION: Rehabilitation or replacement of a structure which either has
been damaged, altered or removed or which is proposed to be altered or removed to
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an extent exceeding fifty percent (50%) of the replacement cost of the structure at
the time of the damage, alteration or removal.
(307) RECORD DRAWINGS: See As-Built/Record Drawings.
(308) RECORDED PLAT: A development plat or a subdivision plat that has been finally
approved by the City and that has been filed with the applicable County after meeting
all City requirements for recordation under Chapter 3, Article 1, Division 5 of this
Unified Development Code.
(309) RECREATION CENTER (PRIVATE, FOR PROFIT):
establishment used for recreation and social activities.
An indoor business
(310) RECREATIONAL VEHICLE (RV): A vehicle that is:
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
c. Designed to be self-propelled or permanently tow-able by a light-duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
(311) REFUSE CONTAINER: Any container, including dumpster, used as temporary
storage of routinely collected waste.
(312) REFUSE DUMP: A place reserved or used for the dumping or accumulation of
refuse or discarded matter.
(313) REGISTERED FAMILY HOME: See Child Day Nursery.
(314) REHABILITATION CARE FACILITY (HALFWAY HOUSE): A dwelling unit which
provides residence and care to not more than nine (9) persons regardless of legal
relationship who have demonstrated a tendency towards alcoholism, drug abuse,
mental illness, or antisocial or criminal conduct living together with not more than two
(2) supervisory personnel as a single housekeeping unit.
(315) REHABILITATION CARE INSTITUTION (BUSINESS): A facility which provides
residence and care to ten (10) or more persons, regardless of legal relationship, who
have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or
antisocial or criminal conduct together with supervisory personnel.
(316) REMAINDER TRACT: Land that is part of a larger parcel that is not subject to a
subdivision plat affecting the parcel.
(317) REMODELING: Renovation, alteration or repair of an existing structure that is not an
addition.
(318) REPAIR: To restore or mend to sound working condition after damage, decay or
failure.
(319) REPLACEMENT: The act of moving one structure from its existing location or site
and replacing it with another structure.
(320) RESERVE: {To Be Added.}
(321) RESIDENTIAL USE: A dwelling unit or group of dwelling units; includes dwelling
units within the upper story or stories of a building wherein other parts of the building
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are used for a nonresidential purpose or purposes, such as a retail establishment or
office.
(322) RESPONSIBLE OFFICIAL: The director of the City department who has been
designated to accept a type of development application for filing, to review and make
recommendations concerning such applications, and where authorized, to initially
decide such applications, to initiate enforcement actions, and to take all other actions
necessary for administration of the provisions of this Unified Development Code with
respect to such development applications. Also includes any designee of the
director of the applicable City department.
(323) RESTAURANT (WITH DRIVE-IN SERVICE OR DRIVE-THRU SERVICE): An eating
establishment where food or drinks are primarily served to customers in motor
vehicles, or where facilities are provided on the premises which encourage the
serving and consumption of food in automobiles on or near the restaurant premises.
An area may also be provided for the consumption of food the premises.
(324) RESTAURANT (WITH NO DRIVE-IN OR DRIVE-THRU SERVICE): An eating
establishment where customers are primarily served at tables or are self-served,
where food is consumed on the premises, and which do not have a drive-through
window.
(325) RETAIL SHOP FOR ACCESSORIES, GIFTS & SIMILAR GOODS: An
establishment engaged in the selling of goods and merchandise to the general public
for personal or household consumption and rendering services incidental to the sale
of such goods.
(326) RIBBON CURB: A concrete boundary marking the edge of a roadway or paved
area and, unlike a typical raised curb, is not vertically separated from the roadway or
paved area.
(327) SCHOOL - OTHER THAN PUBLIC OR PAROCHIAL: A school under the
sponsorship of a private agency or corporation, other than a religious agency, which
offers a curriculum that is generally equivalent to public elementary and/or secondary
schools.
(328) SCHOOL - PUBLIC OR PAROCHIAL: A school under the sponsorship of a public or
religious agency which provides elementary or secondary curricula, but not including
private business or trade/commercial schools.
(329) SCHOOL - TRADE OR COMMERCIAL: A for-profit business that offers vocational
instruction and training in trades such as the computer industry, welding, brick laying,
machinery operation/repair, and similar trades.
(330) SCREENING WALL: (Also called Solid Wall.) A solid vertical barrier constructed of
masonry materials that is intended to separate and limit visibility between that which
is on either side of the barrier, for example adjacent land uses or particular site
elements.
(331) SEAT: One (1) sitting space equal to eighteen (18) inches of bench or pew width if
other than an individual chair.
(332) SECONDARY BUILDING SETBACK: The area of a lot measured from a lot line to
a secondary building.
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(333) 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.
(334) 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.
(335) SHALL: As used in this Code, is mandatory and not discretionary.
(336) SHARED USE OF TOWERS: Also referred to as "Co-location". The use of a single
antenna support structure and/or site by more than one communications provider.
(337) SHELTERED CARE FACILITY: A nonprofit or for-profit boarding home for the
sheltered care of persons with special needs, which, in addition to providing food and
shelter, may also provide some combination of personal care, social or counseling
services, and transportation.
(338) 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.
(339) SIDEWALK: Also called a Walkway. A paved pedestrian way generally located
within the public street right-of-way but outside the roadway.
(340) SIGHT TRIANGLE: A triangle-shaped area adjacent to the intersection of two
streets, formed by two lines.
(341) SIGN: Any object, device or display facing the exterior (outdoors), which is used to
inform or give direction or to advertise or identify a person, organization, business,
product, service, event or location by any means, including words, letters, numbers,
symbols, figures, or illumination.
(342) SIGN COPY: The letters, numbers, symbols or geometric shapes, either in
permanent or changeable form, on the surface of a sign.
(343) SIGN PERMIT: A City-issued permit that authorizes the display, erection, rebuilding,
expansion or relocation of anyon-premises or off-premises sign and that conforms to
Chapter 4, Article 1, Division 2, Section 4.1.2.6 of this UDC.
(344) SIGN, ATTACHED: Any sign attached to, applied on or supported by any part of a
building or accessory structure. Also may be referred to as "building sign".
(345) SIGN, BILLBOARD: A, off-premise 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.
(346) SIGN, BLADE: A non-illuminated panel sign with dimensional copy suspended from
a decorative bracket attached to the building, typically upon a merchant's storefront,
permitted for occupant identification purposes only, and limited to 1 blade sign per
public entrance where public foot traffic occurs, and limited to two square feet per
face.
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(347) SIGN, BUilDER/SUBDIVISION: Any sign that advertises 1) a new subdivision for
the purpose of selling lots, land, and/or buildings and/or 2) a builder(s) that has lots,
land, or buildings for sale. Such sign mayor may not be directional.
(348) SIGN, COMMUNITY INFORMATION: Any sign which promotes items of general
interest to the community including time, temperature, date, atmospheric conditions
and upcoming noncommercial events or charitable causes.
(349) SIGN, ELECTRONIC CHANGEABLE MESSAGE: Any sign with a fixed or changing
display/message composed of a series of lights that may be changed through
electronic means.
(350) SIGN, FREESTANDING: An on-premise 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.
(351) SIGN, GROUND: Also referred to as a Monument Sign. A sign which is supported
by one (1) monolithic structure which is not less in width than one-half (%) 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).
(352) SIGN, IllUMINATED: A sign exposed to artificial lighting by light sources located on
or in the sign or specifically directed toward the sign.
(353) SIGN, MARQUEE: 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.
(354) SIGN, MONUMENT: See Ground Sign.
(355) SIGN, MULTI-TENANT: An on-premise sign with the name of the primary on-site
facility and a list of the individual stores or businesses mounted on such sign.
Examples include signs describing a mall arrangement, a shopping center
development, and industrial park complex, or a complex of buildings with a unifying
name and group of businesses.
(356) SIGN, NON-COMMERCIAL or NON-BUSINESS: A sign with a message that does
not contain or convey commercial context or information or advertising for any
business, commodity, service, entertainment, product or other attraction or event.
(357) SIGN, NONCONFORMING: means any sign lawfully existing on the effective date of
the ordinance from which the sign regulations in this Unified Development Code
derive which does not conform to all the standards and requirements of this Unified
Development Code.
(358) SIGN, OFF-PREMISE PORTABLE: An off-premise sign which is also a portable
sign.
(359) SIGN, OFF-PREMISE: 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.
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(360) SIGN, ON-PREMISE: A sign displaying advertising copy that pertains to a business,
person, organization, activity, event, place, service, or product principally located or
primarily manufactured or sold on the premises on which the sign is located.
(361) SIGN, PERMANENT: A sign designed to be anchored to the ground, a building or
other structure for the duration of the use of the premises.
(362) SIGN, POLITICAL: A sign that contains primarily a political message and that is
located on private real property with the consent of the property owner.
(363) SIGN, PORTABLE: 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 definition, trailer signs
and signs on benches are "portable signs".
(364) SIGN, REAL ESTATE: A sign which has the purpose of advertising for sale a parcel
of real property or an estate in land, including rentals.
(365) SIGN, SUBDIVISION IDENTIFICATION: Any sign that is a permanent sign
identifying an entrance to a residential or nonresidential (e.g., office park)
subdivision.
(366) SIGN, SUSPENDED: Signs which hang or are suspended from any projecting
element off the fayade of the building. This can include Blade Signs.
(367) SIGN, TEMPORARY: 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.
(368) SITE: A tract of property that is the subject of a development application.
(369) SITE DEVELOPMENT PLAN: The final step of the development process within a PD
district, if required by the ordinance adopting the PD. Refer to Section 2.2.2.9 of this
UDC.
(370) SITE PLAN: A scaled and detailed drawing that conforms to the requirements of this
UDC, specifically Chapter 4, Article 1, Division 1, and that shows the roads, parking,
footprints of all buildings, existing trees, proposed landscaping, parkland, open
space, grading and drainage, and similar features needed to verify compliance with
the City's approved land use plan and development standards.
(371) SITE PREPARATION PERMIT: A permit that is issued under Chapter 4, Article 1,
Division 2, Section 4.1.2.2 of this Unified Development Code, that authorizes site
preparatory activities other than construction or placement of a structure on the land
under one or more site plans and that, upon approval, authorizes the property owner
to apply for a construction permit.
(372) SPACE: A plot of ground within a mobile home or manufactured housing park
designed for the accommodation of one (1) mobile home or manufactured home,
together with the open space as required by this UDC. This term also includes the
terms "Iof', "stand" and "site". Space may also mean any plot or parcel of ground
upon which is erected any accommodation for any recreational vehicle or structures
of a temporary nature for living and sleeping purposes.
City of Pearland, Texas
Page 5-33
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(373) SPECIAL EXCEPTION: A City-authorized modification of zoning standards
applicable to particular types of development within any zoning district in a manner
consistent with the overall intent of the zoning regulations and for which express
standards are prescribed in Chapter 2, Article 2, Division 5, Section 2.2.5.1 of this
UDC.
(374) SPECIAL TV SHOP: An establishment for the purpose of supplying limited specialty
items for hobbies and other similar activities 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.
(375) STABLE, COMMERCIAL: A facility used for the rental of a stall space or or spaces,
or for the sale or rental of horses or mules.
(376) STABLE (PRIVATE, PRINCIPAL OR ACCESSORY USE): A facility used solely for
the owner's private purposes for the keeping of horses, mules or ponies which are
not kept for remuneration, hire or sale.
(377) STOOP: Astaircase on the facade of a building, usually constructed of concrete or
stone, that leads either to a small unwalled entrance platform or directly to the main
entry door.
(378) STOREFRONT WINDOWS: The large glass window facing the front of the building
in a commercial, retail or office structure.
(379) 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. An "Alley" is not considered
to be a street, and is separately defined herein.
(380) STREETSCAPE: The principal variables of streetscape are the type and dimension
of curbs, walks, planters, street trees and streetlights.
(381) STRUCTURE: Anything constructed, the use of which requires permanent location
on the ground or attachment to something having a permanent location on the
ground. Also see "Building".
(382) STUDIO, HEALTH REDUCING OR SIMILAR SERVICE: Includes, but is not limited
to, an establishment which provides facilities and equipment, such as gymnasiums,
weight rooms, swimming pools or spas, exercise apparatus and instruction classes,
which are intended to promote health, fitness, weight reduction and/or similar health-
related activities. Such facilities may include such accessory uses as food service,
sales of sundries and apparel, and child care services, provided that such accessory
uses are clearly incidental to the primary use and are for the use of studio patrons
only.
(383) STUDIO - TATTOO OR BODY PIERCING: A building or portion of a building used
for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for
piercing the skin with needles, jewelry or other paraphernalia, primarily for the
purpose of ornamentation of the human body.
(384) STUDIO FOR RADIO AND/OR TELEVISION: A building or portion of a building
used as a place for radio or television broadcasting.
(385) SUBDIVIDE:
City of Pearland, Texas
Page 5-34
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(a) Is the following when done for the purpose of sale or building development:
1. The division of any tract of land into two or more tracts or lots; or
2. The assembly of two or more tracts of land into one tract or lot.
(b) Is the following with regard to changes to a recorded subdivision plat:
1. A resubdivision of all or part of the subdivision;
2. Any change of lot size or lot lines; or
3. The relocation of any street.
(386) SUBDIVIDER: Any person or any agent of the person dividing or proposing to divide
land so as to constitute a subdivision, as that term is defined in this section. In any
event, the term "subdivider'" is restricted to include only the owner, equitable owner
or authorized agent of the owner or equitable owner of land to be subdivided.
(387) SUBDIVISION: Pertaining to land for which a plat has been recorded, subdivision
means an area of subdivided lots; pertaining to the act of subdividing land, see the
definition of subdivide herein.
(388) SUBMITTAL DATE: The date upon which the responsible City staff person makes a
determination that a zoning or development application is complete, or when a fee
receipt is issued by the City for the required application fee.
(389) SURVEYOR: A licensed state land surveyor or a registered professional land
surveyor, as authorized by state statutes, to practice the profession of surveying.
(390) SWIMMING POOL, COMMERCIAL: A swimming pool with accessory facilities which
is not part of the municipal or public recreational system and which is not a private
swim club, but where the facilities are available for use by the general public for a
fee.
(391) SWIMMING POOL, PRIVATE (USE ONLY BY RESIDENT): A swimming pool
constructed for the exclusive use of the residents of a one-family, two-family or
multiple-family dwelling and located, fenced and built in accordance with Article _ of
the City of Pearland Code of Ordinances {Editor's Note: Cross references to be
addedJ. A private swimming pool shall not be operated as a business nor
maintained in a manner to be hazardous or obnoxious to adjacent property owners.
(392) TCEQ: The acronym for the Texas Commission on Environmental Quality.
(393) TELEMARKETING AGENCY: An establishment which solicits business or the
purchase of goods and/or services by telephone only. No sales of goods or services
to the public occurs at or on the premises. No products are stored at or on the
premises.
(394) 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 the public through a private membership.
(395) TIEDOWN: Any device designed for the purpose of anchoring a mobile home or
manufactured home to ground anchors, as required by V.T.C.A., Occupations Code,
Chapter 1201.
(396) TRANSFER STORAGE & BAGGAGE TERMINAL: An area and building where
cargo is stored and where trucks, including tractor and trailer units, load and unload
City of Pear/and, Texas
Page 5-35
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
cargo on a regular basis. May include facilities for the temporary storage of loads
prior to shipment.
(397) TRANSIT TERMINAL: Any premises for the transient housing and/or parking of
motor-driven buses and the loading and unloading of passengers.
(398) TRAVEL TRAILERlRV PARK/CAMPGROUND: An area or commercial campground
for users of recreational vehicles, travel trailers, and similar vehicles to reside, park,
rent or lease on a temporary basis. For the purpose of this definition, "temporary"
means a maximum three-month time period.
(399) TREE, LARGE SHADE: A tree that is a minimum of three inches (3") in caliper at the
time of planting, and is a minimum planted height of eight feet (8') at the time of
planting.
(400) TREE, ORNAMENTAL: A tree that is a minimum of two-inch (2") in caliper at the
time of planting, and is a minimum planted height of six feet (6') at the time of
planting.
(401) TREE PRESERVATION: All definitions related to tree preservation are contained
within Chapter 4, Article 2, Division 3, Section 4.2.3.2 of this UDC.
(402) TRUCK: See Heavy Load Vehicle.
(403) TRUCK AND BUS LEASING: The rental of new or used panel trucks, vans, trailers,
recreational vehicles or motor-driven buses in operable condition and where no
repair work or intensive cleaning operations are performed.
(404) TRUCK SALES (HEAVY TRUCKS): The display, sale or rental of new or used
heavy load vehicles in operable condition.
(405) TXDOT: The acronym for the Texas Department of Transportation.
(406) USABLE OPEN SPACE: An open area or recreational facility that is designed and
intended to be used for outdoor, active or passive, recreation purposes. An area of
usable open space has a slope that does not exceed ten percent (10%), and no
dimension of less than ten feet (10'). An area of usable open space may also
include landscaping elements (e.g., trees, ground cover), trails, recreational facilities,
water features and decorative objects such as art or fountains.
(407) USE: The classification of the purpose or activity for which land or buildings are
designated, arranged, intended, occupied or maintained.
(408) UTILITY: A business that provides an essential commodity or service, such as
electric, gas transmission, and local telephone, and that is generally under
government regulations. Unless otherwise specified, this term (or the plural "utilities")
when used within this UDC refers to a public utility.
(409) UTILITY, DRY: Facility that provides a service for electricity, natural gas,
telecommunications, cable television, and/or internet/data. Also referred to as
private utility.
(410) UTILITY, WET: Facility that provides a service for potable water distribution,
wastewater collection, and storm drainage. Also referred to as public utility.
City of Pearland, Texas
Page 5-36
Unified Development Code <} Chapter 5: Definitions <} Article 1: Generally Applicable Definitions
(411) VIDEO SALE or RENTAL: An establishment primarily engaged in the retail sales or
rental/lease of video tapes, films, CD-ROMs, and electronic media.
(412) VISIBLE: Capable of being seen by or perceptible to the general public.
(413) VARIANCE: Authorization to deviate from or vary one or more standards applicable
to a development application that is reviewed and decided under Chapter 2, Article 2,
Division 5, Section 2.2.5.2 of this Unified Development Code.
(414) VESTED RIGHTS PETITION: A request for relief from one or more standards of this
Unified Development Code based on an assertion that the petitioner has acquired a
vested right requiring the City to review and decide the application under standards
in effect prior to the effective date of the standards of this Unified Development
Code, under Chapter 1, Article 3, Division 3.
(415) VIOLATION: The failure of a structure or other development to fully comply with this
article.
(416) 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 feet (35') 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 feet (15') long, one of which extends back along the adjacent curb
and the other back toward the private property or parkway. (Also refer to the
definition of Visibility Triangle as it applies to tree preservation in Section 4.2.3.2 of
this UDC.)
(417) WAIVER: Authorization to deviate from or vary one or more standards applicable to
a development application that is reviewed and decided under Chapter 1, Article 3,
Division 4 of this Unified Development Code.
(418) WALKWAYS: Passages or paths for walking.
(419) WAREHOUSE STORAGE or DISTRIBUTION FACILITY: Building or facility used for
the storage and distribution of wholesale items/products.
(420) WHOLESALE DISTRIBUTOR: An establishment or place of business primarily
engaged in the selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional, or professional business users, or to other wholesalers; or
engaged in acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
(421) WRECKING OR SALVAGE YARD: A yard or building where motor vehicles, parts
of motor vehicles, building materials, 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.
(422) 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.
City of Pearland, Texas
Page 5-37
Unified Development Code ~ Chapter 5: Definitions ~ Article 1: Generally Applicable Definitions
(423) YARD, FRONT: The open (unoccupied, unobstructed) space located in front of the
front building line of the principal building(s), calculated as the minimum horizontal
distance between the front property line and the front building line of the principal
building(s). Refer to Chapter 2, Article 6, Division 1 for diagrams related to this
definition.
(424) YARD, REAR: The open (unoccupied, unobstructed) space located behind the rear
building line of the principal building(s), calculated as the minimum horizontal
distance between the rear property line and the rear building line of the principal
building(s). Refer to Chapter 2, Article 6, Division 1 for diagrams related to this
definition.
(425) YARD, SIDE: The open (unoccupied, unobstructed) space located on either side of
the principal building(s), calculated as the minimum horizontal distance between the
side property line and the side building line of the principal building(s). Refer to
Chapter 2, Article 6, Division 1 for diagrams related to this definition.
City of Pearland, Texas
Page 5-38
r
r C�,.G� 0.ir,\i GI
- ' AFFIDAVIT OF PUBLICATION als-1os
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
' grazoria and Harris Counties a
I,•Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris,
and Galveston Counties, for ( issues, as follows:
No: ( Date ((-i 20_6 S
No. Date 20
No. Date
• 20
No. Date 20
No.
Date
s. 20
Aipol
MB, i!4i//1 .
I ( FO
I
Subscr"ibe and sworn to before me this t da .of c",(41
. y
20_1
i4z,..
tPa'"'"oe 1 r1 P ., pp N Laura Ann Emmons, Publisher
n } ,, l� CAYI IYI®YVS ,, ) r�
• i� • Note. State of Texas a /lam, oR000 •
` ;: %„,,,„+r Cof11rmssioi xpires 09-09-2006 NotaryPublic,;y�= 3 �' State of Texas
AI n i cto /kr AA 1,1.rc: to df o 61.-e
/
•
I" Published Nov.16 and Nov
23,2005
•)
`\NOTICE OF A JOINT
i PUBLIC HEARING OF THE,
Ir CITY COUNCIL AND THE
PLANNING AND ZONING
,COMMISSION OF THE
\CITY OF PEARLAND,
TEXAS
jOLD TOWNSITE
DOWNTOWN
DEVELOPMENT
DISTRICT PLAN—
REGULATING CODE
1otice is hereby given that
on December 5,2005,at
6:30 p.m.,the City Council,
and Planning and Zonings
Commission of the•City on
Peariand,,in Brazoria,Harris
and Fort Bend Counties,
Texas,will conduct a joint
public hearing in the Council
Chambers of City Hall,3519
Liberty Drive, Pearland,
Texas,on the request of the
City of Pearland for
i approval of the Regulating
3 Code of the Old Townsite
•Development District Plan.
y At said hearing all interest-
ri ed parties shall have the i,
right and opportunity to}
ie appear and'be heard on the
is subject.
A /s/Theresa Grahmann kl
Iv• Senior Planner
\ cue. 0- _ kn,-I- vox
• \-ou (114
• ' AFFIDAVIT OF PUBLICATION I)- -- s.—
The Pearland Reporter News ,
2404 South Park -
Pearland, Texas 77581
•
State of Texas
•
Brazoria and Harris Counties a
I,•Lioyd Morrow, hereby certify that the notice hereby appended was published -,
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris 4
:.�:'.
and Galveston Counties, for / issues, as follows:
•
No: ( Date f/- 2-3 20 ®,S
No. Date 20
No. Date 20 .
No. . • .Date 20
• No. Date
1 20
0 „1
• PO •
i
,
Subscribe and sworn to before me this 02 day.of Cleal„
20 O�. - 44:44}.1ove•;11 •••= i,'r. '•);•.r•r i•• •ryr i.
�`P����. LAURA ANN EMMONS
i • Notary Public, State of Te .s4
N .
'i, ,"- Commission Expires 09-09- r Fo�<< s .
Laura Ann Emmons, Publisher
. No. • gar , -
Notaryublic, State of'Texas • .
1, :5 ,q .
Published Nov.16 and Nov. i
23,2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY,COUNCIL AND THE
' PLANNING AND ZONING , '
COMMISSION OF THE \
CITY OF PEARLAND,
.TEXAS
OLD TOWNSITE
DOWNTOWN j
DEVELOPMENT t
DISTRICT PLAN r
1 REGULATING CODE i
I i i
4 Notice is hereby given that
{{4 on December 5, 2005, at
i 6:30 p.m.,the City Councilt
and Planning and Zoning
Commission of the City of
�
Pearland,in Brazoria,Harris
i and Fort Bend Counties,
Texas,will conduct a joint l
public hearing in the Council
1 Chambers of City Hall,3519 l
i Liberty Drive, Pearland, l
Texas,on the request of the►1
City 'of Pearland for
approval of the Regulating
Code of the Old Townsite
Development District Plan.
l At said hearing all Interest-
ed parties,shall have the
right and opportunity to
appear and be heard on the
subject.__
/s/Theresa Grahmann
' Senior Planner
Lt
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. , Date 712. 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this l day of 7_4.
20 ... .R»ilr .f EMMONS .
S. p.s.�.ri Mitt
Motacy P..ublic,State of Texas
7" Commission Expires 09-09.2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
•
•
Published July 12 and
July 19,2006
ORDINANCE NO. 2000T=1
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY , OF PEARLAND,
TEXAS, AMENDING THE
UNIFIED DEVELOPMENT
CODE TO ADOPT A NEW
SECTION 2.4.3.4,I ENTI-
TLED OT,OLD TOWNSITE
DISTRICT;HAVING A SAV-
INGS CLAUSE, SEVER-
ABILITY CLAUSE, AND A
REPEALER CLAUSE;_
PROVIDING FOR CODIFI- '
CATION, PUBLICATION
AND AN EFFECTIVE DATE.
PASSED,APPROVED,and
ADOPTED on First Reading
this _26th day of June,
2006.
/s/Tom Reid
Mayor
ATTEST:
/s!Young Lorfing,TRMC
City Secretary ,
PASSED,APPROVED,and
ADOPTED on Second and
Final Reading this 10th day
of July_,2006.
/sl Tom Reid
Mayor
ATTEST
IS!Young Lorfing,TRMC
City Secretary
Is!Darrin M.Coker
City Attorney •
I, VOTING. RECORD' SEC-
OND AND FINAL READING
JULY 10,2006
Voting "Aye" -
Councilmembers Saboe,
Tetens, Kyle, and Cole.
APPROVED AS TO FORM:
Voting"No"— None.
Motion passes 4 to 0,with
Councilmember Beckman rI
absent.
PUBLICATION DATE:
July 12,2006
' EFFECTIVE DATE: '
11 July , 21, 2006
/.PUBLISHED AS
REQUIRED- BY,SECTION
13.10 OF THE CHARTER OF
THE CITY OF PEARLAND, -
1TEXAS
AFFIDAVIT OF PUBLICATION• . .
• The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was.
P published
• in THE.REPORTER NEWS, a newspaper of general circulation in Brazoria"Harris
for
and Galveston Counties, '
. . . � issues, as follows: - .
•
No. / • Date :/�.
20 0_4_
No. Date
• No. Date � • - •
20
No. Date 20
No. Date ' • • •
20
471,61b
` ',.`
L1•�1 '41i'ul
CFO
Subscribe and sworn to before me this_ .
• day of .• .
20 ................•.•...•...•...:... . .
�At."' LAURA ANN EMMONS
• . Notary Public,State of Texas :
'r.o..•*' My Commission Expires 09-09-2010
•
Laura Ann.Emmons, Publisher
Notary Public, State of Texas
— - -
--_— ,
Published July 12 and
July 19,2006.
_ ..
ORDINANCE NO. 2000T-1 ._
AN ORDINANCE OF THE
CITY.COUNCIL OF THE ,
CITY' OF PEARLAND,
'TEXAS, AMENDING THE
' .UNIFIED DEVELOPMENT
CODE TO ADOPT A NEW'
SECTION 2.4.3.4, ENTI- .
TLED OT,OLD TOWNSITE
DISTRICT; HAVING A SAV-
INGS CLAUSE, SEVER-.
,ABILITY CLAUSE, AND,A
REPEALER CLAUSE;
PROVIDING FOR CODIFI-
CATION, PUBLICATION
AND AN EFFECTIVE DATE.
PASSED,APPROVED,and
ADOPTED on First Reading
this _26th day of June,
2006, , ' '
Is/Tom Reid
. Mayor ' , '' ' •
ATTEST:
/s/Young Lorfing,TRMC
City'Secretary ,
PASSED,APPROVED,and,
I ADOPTED on,Second and
I Final Reading this 10th day
of_July_,2006.
/s/Tom Reid . .
Mayor ,
ATTEST:'
IS/Young Lorfing,TRMC '
City Secretary
Is!Darrin M.Coker
City Attorney . .
VOTING RECORD SEC-
OND AND FINAL READING
JULY 10 2006
•Voting "Aye" -
COuncilmembers Saboe,,
Tetens, Kyle, and Cole.
APPROVED AS TO FORM:, ,
Votirig"No"- None.
Motion passes 4 to 0,with
Coundilmember Beckman
absent.
PUBLICATION DATE:
July 12,2006 .
EFFECTIVE DATE:
July,'', 21,' 2006
, I
PUBLISHED AS
'REQUIRED BY SECTION ..
3.10 OF TI=ECHkRTER OF
ITHE CITY OF PEARLAND,
t
TEXAS
. ..