Ord. 1080 09-23-02ORDINANCE NO. 1080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING A TEMPORARY MORATORIUM
ON THE ISSUANCE OF PERMITS FOR THE LOCATION OF
BUSINESSES ESTABLISHED FOR THE PURPOSE OF OPERATING
EIGHT -LINER MACHINES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the issuance of permits for the location of businesses
established for the purpose of operating eight -liner machines, in certain circumstances,
may be detrimental to the health, safety, morals, and welfare of the general public.
Section 2. That a temporary one hundred eighty (180) day moratorium on the
issuance of permits for the location of businesses established for the purpose of
operating eight -liner machines is hereby approved to allow sufficient time to study the
issue and determine the need for amendment of the City's Land Use and Urban
Development Ordinance and/or the City's Code of Ordinances.
Section 3. The City Council may authorize a variance to the Moratorium when,
in its opinion, undue hardship will result from requiring strict compliance. In granting the
variance, City Council shall prescribe only conditions that it deems necessary to or
desirable in the public interest. No variance shall be granted unless City Council finds:
A. That there are special circumstances or conditions affecting the applicant
such that the strict application of the Moratorium would deprive the applicant
of a vested property right; and
B. That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant; and
C. That the granting of the variance will not be detrimental to the public health,
safety or welfare to other property in the area.
ORDINANCE NO. 1080
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herewith are hereby repealed but only to the extent of such conflict.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. Effective Date. The Ordinance shall become effective immediately
upon its passage and approval on first and only reading.
Section 7. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall
be adopted as an emergency measure, and that the rule requiring this Ordinance to be
read on two (2) separate occasions be, and the same is hereby waived.
PASSED, APPROVED and ADOPTED on FIRST and ONLY Reading this the
23 day of September , A.D., 2002.
ATTEST:
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APP OVED AS,T,O FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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