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Ord. 509- I 02-24-03ORDINANCE NO. 509-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING TABLE III OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, 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 Table III of the Land Use and Urban Development Ordinance of the City of Pearland is hereby amended in accordance with Exhibits "A" and "B" attached hereto and incorporated for all purposes. Section 2. 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 3. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 4. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 5. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. ORDINANCE NO. 509-1 PASSED and APPROVED ON FIRST READING this the A. D., 2003. ATTEST: /Y'~ U N~(~,/{.~I-I~, T'CIMC (.~TY 8'ECRETARY 10th dayof TOM REID MAYOR February , PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day of February, A. D., 2003. ATTEST: i ~TU NzC-~OR F~ G~, T R M C Y'SECRETARY APPROVED AS TO FORM DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING FEBRUARY 24, 2003 Voting "Aye" - Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No"- None. Motion passes 5 to 0. PUBLICATION DATE: February 26, 2003 EFFECTIVE DATE: March 7, 2003 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 2 SCHEDULE SD R-1 R-2 R-3 R-4 MF MH DP NS GB C M-1 M-2 OF USES R-E PRIMARY AGRICULTURAL uSEs Agricultural Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Field Crops Agricultural Yes S S S S S S S S S S Yes Yes Animal Husbandry Orchard Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Unscheduled/New S S S S S S S S S S S S S Agricultural Uses PRIMARY RESIDENTIAL USES Single Family S Yes Yes Yes Yes Yes S S S S No No No Dwelling Detached Single Family No No No No PUD Yes No S S S No No No Dwelling Attached Town Houses Two Family No No No No No Yes No S S S No No No Dwelling Multi-Family No No No No No Yes No No No No No No No Dwelling Boarding Or No No No No No Yes No S No Yes Yes No No Rooming House Apartment No No No No No Yes No S No Yes Yes No No Hotel Patio Homes No No No PUD Yes Yes S S No No No No No Hotel Or No No No No No No No Yes No Yes Yes No No Motel *Manufactured No No No No No Nome S No Yes No No No No S S Mobile Home No No No No No No No No No No No S S Unscheduled/New No No No No PUD PUD PUD S No No No No No Residential Uses , ACCESSORY AND INCIDENTAL USES Accessory S Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Building * Specific Use Permit (S.U.P) may only be granted to replace an existing manufactured home that is determined by the City Manager or designee to pose a threat to the health, safety, and welfare of its inhabitants and such replacement may not exceed five (5) years in age. Any replacement manufactured home will be considered a non- conforming use. 133 ZONING SYMBOLS , o~us~ ~:~ .-~ .-~ .~ ~ ~. o. .~ ~. c ~.~ Utility Shops or andStorage, Yards Building IN° IN° IN° I N° I N° I N° I N° I N° I N° J S I Yes J Yes Water Treatment I S I S I S I S I S I S I S I S I S I S I Yes I YeSplant Reservoir,Water well,Pump_ ing Station or Storage UtilityUnscheduled/New I S I S I S I S I S / S I S I S I S / S / S / S& Related Sennce Uses ENTERTAINMENT AND RECREATIONAL USES S S Yes Yes S Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Amusement, Commercial Outdoor/Indoor Country Club Drag Stdp Fairgrounds Park ~round Unscheduled/New Recreational Uses AUTOMOBILE RELATED SERVICE USES Auto Car Wash Auto Sales and Repair (in Bldg) Auto Sales-New or Used Car Lot (Open) Auto Painting & Auto Body Shop No INo INo INo I~o INo I No INo I.o I.o lYes lYes I 137 January 28, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON LAND USE AND URBAN DEVELOPMENT ORDIANANCE Request for an amendment to the Land Use and Urban Development Ordinance (Ordinance 509-H) of said City, to consider amendments to Table III, Schedule of Uses (Permitted Use Table). Honorable Mayor and Council Members: At a regular meeting held on January 20, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. Commissioner Ray Bacon made a motion to forward to Council for approval with a second made by Commissioner Russ Selemon. Motion to approve passed 5 to 1. Voting Record: "Aye" - Sheryl Greiner, Don Sederdahl, Ruby Sandars, Ray Bacon, Russ Selemon "No" - Todd Iocco This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearlancl, TeXas'.77581 ate of 'ibxas azoria and Harris Counties Randy Emmons, hereby Cdrtify that the notice hereby appended was p8blished Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria, Harris & Galveston Counties, for_ ? issues,'., as follows: No. /' Date No. Date No. Date No. Date No. Date 20~ 20__ I President scribe and sworn to before me this z,? day of ~ Laura Ann Emmons, Publisher Notary Public, State of Texas Ordinance 509-1 Published: 02/26103 Published Feb. 26, 2003 ORDINANCE NO. 509-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING TABLE III OFTHE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDI- NANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSEC~ TIONS TO REGULATE LAND USE wITHIN THE CITY LIMITS OF PEAR- LAND; PROVII~ING. A PENALTY FOR ViOi~ATION~ HAVING A ::SAVINGS CLAUSE, A SEVERABILN TY CLAUSE, AND A REPEALER CLAUSE; PRO- VIDING FOR CODIFICA- TION, PUBLICATION AND AN EFFECTIVE DATE. ~ Publication and Effective Date; The City Secretary shall cause this Ordinance, or its caption and penalty, to be publi.shed in the official newspaper ol the City of Pearland, upon passage-ol such Ordinance. The Ordinance shall tiqen become effective ten (10) days from and after its publication, or the publication ol its caption and'pena ty, !n the official City newspaper. PASSED and APPROVED ON FIRST READING this the 10th day of February,A.D., 2003. ON SECOND AND FINAL READING this the 24th day of F~bruary, A. D., 2003. /S/TOM REID MAYOR A'FI'EST: ISl YOUNG LORFING, TRMC CITY SECRETARY APPROVED ASTOFORM /S/DARR[NM. COKER CITY ATTORNEY VOTING RECORD SECOND AND FINAL READING FEBRUARY 24, 2003 Voting 'Aye"- Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No".None. Motion passes 5 to 0 PUBLICATION DATE: February 26, 2003 EFFECTIVE DAT~: ~ March 7 ii! i PUBLISHED AS REC~IRED BY SECTIQN 3.10 OF THE CHARTEROFTHE CITY OF-PEARLANO, TEXAS. IS~ TOM REID MAYOR ATTEST:/S/ YOUNGLORFING, TRMc CITY SECRETARY PASSED and APPROVED