Ord. 2000-T-05 2007-10-22
ORDINANCE NO. 2000-T-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF
THE UNIFIED DEVELOPMENT CODE OF THE CITY; 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 certain provisions of the Unified Development Code are
hereby amended as shown in Exhibit "A" attached hereto and made a part hereof
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. 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 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. 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.
ORDINANCE NO. 2000-T-5
Section 6. 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 become effective immediately upon final passage.
PASSED and APPROVED ON FIRST READING this the 8th day of
October, A. D., 2007.
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TOM REID
MAYOR
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PASSED and APPROVED ON SECOND AND FINAL READING this the
22nd day of October, A. D., 2007.
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MAYOR
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VOTING RECORD SECOND AND FINAL READING
OCTOBER 22, 2007
C
APPROVED AS TO FORM:
Voting "Aye" - Councilmembers Owens, Beckman, Saboe,
Kyle, and Cole.
Otk-' h _ Crt--
DARRIN M. COKER
CITY ATTORNEY
Voting "No" - None.
Motion passed 5 to O.
PUBLICATION DATE: October 24,2007
EFFECTIVE DATE: November 2,2007
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
2
Planning & Zoning Commission
Recommendation Letter
September 27,2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on a request by the City of Pearland, for an amendment to
the Unified Development Code (UDC), Ordinance No. 2000T.
Honorable Mayor and City Council Members:
At their regular meeting of September 17, 2007, the Planning and Zoning Commission
considered the request for amendments to the Unified Development Code.
Commission Member Greiner made a motion to recommend approval of the proposed
amendments, which was seconded by Commission Member West. The motion to
approve passed 5 - O. The proposed amendments to the Unified Development Code
were recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1
Exhibit "A"
Ordinance No. 2000-T-5
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 fac;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.
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
aCUP.
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.
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. On street parking shall be subject to the following:
1. No parking shall be permitted in the front yard.
2
2. 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.
3. 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.
4. 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').
(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
3
(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').
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. On street parking shall be subject to the following:
1. No parking shall be permitted in the in the front yard.
2. 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
4
multi-family uses, shall meet the parking requirements in chapter 4
of the UDC, unless specified herein.
3. 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.
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: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Zero feet (0').
Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if
abutting an alley.
Minimum Side Yard: Five feet (5') for detached structures; 0 feet for
attached structures
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: 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:
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
5
(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 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. 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 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 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. On street parking shall be subject to the following:
1. No parking shall be permitted in the in the front yard.
6
2. 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.
3. 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.
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').
(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 fayade 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. unless:~
11 Only exception is if tlhe utility is required to be above ground to
operate properly......QJ:
~ All above qround lines are located in the rear or other areas of the
property where they are not prominently visible from the front of
the propertv or any roadway. and all poles are whollv obscured. as
determined by the Planninq Director.
b. /\11 other utilities shall be required to be underground in acoord::mce with the
oity's rigN of 'Nay mal1agement ordinance.
&.- Location of above ground utility equipment shall avoid conflict with pedestrian
movement and visually shield the equipment.
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")
7
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 Fa~ade Elements. Projecting fa<;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 TXDOT 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. Fa~ade Regulations. Shall meet all requirements of the UDC, 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 fa<;ade
must be transparent. For non-residential, a minimum of twenty five percent
(25%) of fa<;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 fa<;ade is required to comprise of window area.
A lesser percentage of transparency for overall fa<;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. 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 Activities or Uses. No outdoor commercial activities or uses shall be
permitted in any OTS District without a temporary permit issued by the City's
Building Official pursuant to the City Building Code, unless expressly authorized
herein.
a. Outdoor Display and Outdoor Seating. Outdoor display and outdoor
seating in all districts within the Old Townsite may be permitted by a CUP.
8
b. Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon
obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d).
In no case shall outdoor storage be permitted along any yard that abuts
any street or public right-of-way that is greater than twenty feet (20') in
width.
(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 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
9
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.
10
Section 2.6.1.1 Area & Building Regulations
(a) Measuring Setbacks & Lot Dimensions. All setback measurements shall be
made in accordance with Figure 2-4 and Figure 2-5 (on the following page).
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(A)
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YARDS
Figure 2-4: Measuring Setbacks and Lot Dimensions - 1
11
Figure 2-5: Measuring Setbacks and Lot Dimensions - 2
12
(b) Configuration of Lots. Figure 2-6 illustrates the various types of lots that are
discussed within this UDC.
(1) Flag lots (Le., lots with minimal, or panhandle type, frontage) shall not be
permitted in residential districts unless otherwise approved by the ZBA. Flag lots
in nonresidential and mixed use zoning districts shall be permitted upon approval
by the Planning & Zoning
Commission, however, provided such
lots shall have a minimum wiGtfl
frontaqe of tflH:ty fiftv feet (a. QO'). and
no flaq lot shall be permitted to have
frontaqe adiacent to the frontaqe of
more than one (1) other flaq lot on the
same street.
(c)
(2) Double frontage lots in
residential zoning districts shall only
be permitted if access is limited to one
street frontage.
Building Setbacks.
(1) All setbacks established on a
recorded plat shall be enforced, even
if such setbacks exceed the required
setbacks in this Code.
(2) Setbacks established on a
recorded plat shall only be
changed through replat
proceedings.
Front Yards.
(d)
(1) Corner Lots:
a. On all corner lots, the front
yard setback shall be
observed along the frontage of
both intersecting streets,
unless approved
specifically otherwise on a
construction plat. (Also see
(f)(1).)
b. Where single-family and
duplex lots have double
frontage (frontage that
extends from one street to
another), or are on a
corner, a required front
yard shall be provided on
both streets unless a side
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lor lot I Lot
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Figure 2-6: Types of Lots
STREET
NO ACCESS
[J.- WIlCINOllNEFOR
..-:;:. A SPECIFIED
REAR 'fARO
FRONT YARD
STREET
FRONT YARD
STANDARD fRONT
YARDS ~fl.I
FROHIAGU
FRONT YARD I
Figure 2-7: Front Yards on Double Frontage Lots
STREET
t I
FRONT YARD lIHE
I I
j - I i
I INTERIOR I CORNEll ;/
lor I LOT !
I /
~- . ~~~N~~s~~i YARD
IDENTIFIED ON
THE: FrNAl PLAT,
OTHERWISE TWO
FRONT YAROS SHALJ..
~ BE OBSEiEO
!I
13
fRONT YARD LINE -l
"
I
STREET
Note;
Where no alley or other se~ration
exist betw"," ~dj.ue"t lots. setback
,dong block f~ce sh;tll be c:onslstent
(leo, uniform; not .t~ggered).
Figure 2-8: Identification of Side and/or Rear Yards
or rear yard building line has been established along one frontage on the
plat, in which event only one required front yard need be observed (Figure 2-
7).
c. The side and/or rear yards in the case of single-family and duplex uses shall
be identified and the front of the structure shall not face the side or rear yard
(Figure 2-8).
~i
I I ~::, I~ '1'::~j'crro"T t;;
STREET
I
I
Figure 2-9: Frontage Requirements When Zoning District Changes
(2) Frontaqe Divided bv Zoninq Districts: Where the frontage on one side of a street
between two intersecting streets is divided by two or more zoning districts, the
front yard shall comply with the requirements of the most restrictive district for the
entire frontage (Figure 2-9).
ol'L
EAVES
PROPERTY
IDE
FOUNDA nON -
GRADE
Figure 2-10: Measuring the Front Yard in Relation to Encroachments
(3) Measurinq Front Yards and Encroachments:
(See Figure 2-10.)
a. The front yard shall be measured from the
property line to the front face of the building, to
the nearest supporting member of a covered
porch or terrace, or to any attached accessory
building.
b. Eaves and roof extensions or a porch without
posts or columns may project into the required
front yard for a distance not to exceed four feet
(4').
&lIkJin-.:IJne
Lot frontage on a cul-de-sac lot
may be less than 80% of the lot
14
Figure 2-11: Measuring Lot
Width of a Curved Lot
c. Subsurface structures, platforms or slabs may not project into the front yard
to a distance greater than thirty inches (30").
(4) Curved Front Buildinq Line: Minimum lot widths for lots with predominate frontage
on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street)
shall be measured as the linear distance of the curved front building line (see Figure
2-11), and shall be shown on the Final Subdivision Plat. Lot frontage shall not be
less than eighty percent (80%) of the lot width, except on cul-de-sac lots (see Figure
2-4) and knuckle lots. Lot widths for all lots shall be as set forth in the respective
zoning district for each lot.
(5) Front Yards in Relation to Pump Islands:
a. Gasoline service station pump islands (and their canopy structures) that
parallel a public street may be located a minimum of eighteen feet (18') to the
property line adjacent to a public street.
b. For pump islands (and canopies) that are perpendicular or diagonal to a
public street, the setback shall be thirty feet (3D') (in order to prevent vehicles
stacking into the street).
c. Pump islands (and their canopies) may extend beyond the front building line
as described above (provided that all other requirements of this Code are met),
but shall not be closer than fifteen feet (15') to any property line that is not
adjacent to a public street.
(e) Yards in Relation to Future Rights-of-Way. Where a future right-of-way line has
been established for future widening or opening of a street or thoroughfare, upon
which a lot abuts, the front, side, and/or rear yard shall be measured from the future
right-of-way line.
(f) Side & Rear Yards.
(1) On a corner lot used for one or two-family dwellings, both street exposures
shall be treated as front yards on all lots platted after the effective date of this
Code, except that where one street exposure is designated as a side yard for
both adjacent lots or where the two lots are separated by an alley, street right-
of-way, creek/flood plain area, or other similar phenomenon. In such case, the
building line may be designated as a side yard of fifteen feet (15') or more (as
determined by the applicable zoning district standards) on the final plat. On
lots which were official lots of record prior to the effective date of this Code, the
minimum side yard adjacent to a side street shall comply with the minimum
required side yard for the respective district.
(2) Measurinq Side/Rear Yards and Encroachments:
a. Every part of a required side yard shall be open and unobstructed except
for accessory buildings, as permitted herein, and the ordinary projections
of window sills, belt courses, cornices and other architectural features
projecting shall not exceed twelve inches (12") into the required side yard,
and roof eaves projecting shall not exceed twenty-four inches (24") into
the required side yard, except that no projections shall be permitted
closer than twelve inches (12") to a common property line.
b. Air conditioning compressors and similar accessory equipment are
permitted in the side or rear yard.
15
c. A canopy may project into a required side or rear yard provided that it is
not enclosed, and provided that it is at least five feet (5') from the
adjacent property line.
(e) Open Storage Areas. Open storage of materials, commodities or equipment, where
allowed in the specific zoning district, shall be located behind the front building line and
observe all setback requirements for the main structure or building. This standard does
not apply to outside display as defined in Chapter 5. Also refer to screening
requirements and special requirements for open storage in Chapter 4, Article 2, Division
4 (Screening).
(f) Sight Visibility.
(1) Visual clearance shall be provided in all zoning districts so that no fence, wall,
architectural screen, earth mounding or landscaping thirty inches (30") or higher
above the street center line obstructs the vision of a motor vehicle driver
approaching any street, alley, or driveway intersection as follows:
a. At street intersections within nonresidential and mixed use zoning
districts, clear vision must be maintained for a minimum of twenty-five feet
(25') across any lot, measured from the corner of the property line in both
directions.
b. At street intersections within residential zoning districts, clear vision must
be maintained for a minimum of fifteen feet (15') across any lot, measured
from the corner of the property line in both directions.
c. At an intersection with an alley, clear vision must be maintained for ten
feet (10').
d. Shrubs and hedges that are typically less than thirty inches (30") in height
at maturity, as measured from the centerline of the street, may be located in
the visual clearance areas of all districts.
e. A limited number of single-trunk trees having a clear trunk (branching)
height of at least five feet (5') may be located within sight visibility areas
provided that they are spaced and positioned such that they will not produce
a visibility-inhibiting effect when they attain mature size.
16
Section 4.2.5.4 Multi-Tenant and Multi-User Signs
(a) Applicability.
ill A multi-tenant sign shall be required on any lots with more than one (1) use or
business in conformance with Section 4.2.5.4., except ac subiect to the followings:
(-Ba. A use or business shall be permitted to erect an on-premise ground sign when
such use or business has at least one hundred and fifty seventy-five feet
(4-W75') of buildinq frontage.
R1b. A use or business that efeGts has an on-premise ground sign shall not be listed
on any multi-tenant sign.
ill A multi-user siqn may be erected and maintained on any lot that is part of an
inteqrated business development. upon approval of a CUP. Said multi-user siqn may
not advertise any business in the inteqrated business development that has an on-
premise qround siqn. Anv multi-user siqn leqallv placed but that subsequentlv fails to
meet the definition of a multi-user siqn shall be removed bv the owner of the property
on which the siqn is located.
(b) Standards. Permanent mMulti-tenant and multi-user signs are subject to the following
standards:
(1) Tvpe: All multi-tenant and multi-user signs shall be ground signs.
(2) Number Allowed: The number of multi-tenant signs on one (1) site is limited to one
(1) per six hundred (600) linear feet of street frontage unless said frontage is on State
Highway 288 or Beltway 8, in which case the limit per property or development is one
(1) multi-tenant sign per one thousand (1000) linear feet of street frontage. The
cumulative street frontage shall be calculated for corner lots. An inteqrated business
development shall be allowed a multi-user siqn on any lot in that inteqrated business
development that has at least fifty (50) linear feet of street frontaqe. with a limit of onlv
one (1) multi-user siqn per street. except that any inteqrated business development
that has more than six hundred (600) linear feet of street frontaqe on one street shall
be allowed two (2) multi-user siqns on that street. The following are not counted in
this limitation:
a. Additional directional signs up to two (2) square feet in area each, provided the
number of these signs does not exceed the number of driveways; and,
b. Subdivision identification signs in accordance with Section 4.2.5.3.
(3) Maximum Heiqht: The maximum height of any o_n premise multi-tenant or multi-use~
sign shall not exceed fifteen feet (15'), unless the sign is located on a property or
development with frontage on State Highway 288 or Beltway 8, and said siqn is not
set back more than thirty-five feet (35') from the riqht-of-wav line of State Hiqhwav
288 or Beltwav 8: in which case the maximum height shall not exceed twenty two
(22') feet. The portion of the base of the sign within two feet (2') of the grade of the
ground shall not be included in the height calculation (refer to Figure 4-6). For
properties located below the grade of an adjacent highway an additional height of up
to ten feet (10') above the grade of the highway at the sign location may be allowed
by a Conditional Use Permit.
17
(4) Maximum Siqn Area: A multi-tenant or multi-user. sign shall have a maximum sign
area according to the following:
a. Three hundred (300) square feet when erected on property located on State
Highway 288 or Beltway 8 and said siqn is not set back more than thirty-five feet
(35') from the riqht-of-way line of State Hiqhway 288 or Beltway 8; or
b. One hundred (100) square feet, plus ten (10) square feet per tenant or business
advertised on the sign, or one hundred and fifty (150) square feet, whichever is
lesser, in all other locations.
c. Each tenant or business may have a different size sign; each sign does not
have to be the same size.
d. The effective area shall be measured from the highest point on the sign to the
elevation of the center of the base of the sign by the width at the highest point
(refer to Figure 4-7). Changeable message signs or marquee signs may be part
of a ground sign, but shall not cover more than seventy-five percent (75%) of
the effective area.
(5) Location: No multi-tenant or multi-user sign shall be closer than~
a. ten feet (10') to any property line,l
b. fifteen fee~ (15') from any property line for properties on State Highway 288 or
Beltway 8.;.Q[
c. six hundred feet (600'), or for properties located on State Hiqhway 288 or
Beltway 8. one thousand feet (1000'), from:
1.. any other multi-tenant siqn located on the same street frontaqe of one lot.
or
2. any other multi-user siqn for the same inteqrated business development.
18
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.
INTEGRATED BUSINESS DEVELOPMENT: A subdivision of land into separate lots that are
utilized for nonresidential uses. where:
1) the subdivision is achieved by a sinale plat that is filed by an owner who owns the entire
property beina platted:'
2) the plat. or an amendina plat or replat thereof, contains a note that individual on-premise
around sians shall not be allowed on any lot in said subdivision if the use on said lot is
advertised on a multi-user sian is erected on any lot in the subdivision: and
3) each lot in the subdivision is contiauous to at least one other iot in the subdivision.
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. For flag
lots, the area of the lot that does not meet the applicable minimum lot width shall be
excluded.
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).
For flag lots, the distance between the midpoints of straight lines connecting the
foremost points of the side lot lines where the lot satisfies the applicable minimum lot
width and the rearmost points of the side lot lines in the rear.
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 - a lot which satisfiec the required lot width only at a point further away
from the front property line than ic the building line, but 'Nhioh has frontage and width
at the building line that is less than the minimum required width. but which satisfies
the required lot width at a point further away from the front property line than is the
buildina line. The portion of the lot that has frontaae but does not satisfy the
minimum width is hereby desianated the "pole" and the portion that meets the
minimum lot width but at a point further away from the front property line than is the
buildina line is desianated as the "flaa." No flaa lot shall have more than one (1) pole
portion. and said pole shall have a minimum lenath equal to the minimum lot depth
19
for the zoninq district in which the lot is located and a maximum lenqth no qreater
than five hundred feet (500'). The entire f1aq portion of a flaq lot shall meet the
minimum lot width for that zoninq district.
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.
SIGN. MULTI-USER: A qround siqn used to advertise more than two (2) businesses that are
part of an inteqrated business development. A multi-user siqn shall be located on the premises
of one of said businesses. but shall be allowed to be off-premise siqnaqe as to the other
businesses that are part of the inteqrated business development.
20
• ,AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
• Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Lloyd Morro* 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:
Date
20No.
Date • 20
No. Date 20
No• • Date
No• Date
20
.tho
• co
• Subscribe and sworn to before me •
thlSday of
WOWS OW.•
wil.dowst, - . 04
..„...•;*se.*
Puti, LAURA ANN EMMONS ,,73•
1.14' ..4"r • Notary Public,State of Texas 74,
My Commission Expires 09-09-2010
•
••"a, '4.•voe ••,048 IsifOro•arc.II,E41411*NA
•
• Laura Ann Emmons, Publisher
Notary Public, State of Texas •
WV,
•
, AMENDMENTS TO THE
UNIFIED DEVELOPMENT
CODE(UDC)
Notice is hereby given that
on,September 17,2007, at
6:30 p.m., the City Council
I and Planning and Zoning j,
Commission of the City of
Pearland,in Brazoria,Harris
and Fort Bend Counties,'
;Texas, will conduct a joint
!public hearing in the Council
Chambers, of City Hall,
located at 3519 Liberty
Drive, Pearland, Texas, on
'the request of the City of
!Pearland,for an amendment •
Ito the Unified Development
• — -{- • — ''--` `"Code(UDC),Ordinance No.
2000T. ' •
Published Aug..29 and. At said hearing all interested •
Sept.'5 ,2007. parties shall have the right
and opportunity to appear 1
NOTICE OF A JOINT PUB- and be heard oh the subject,
LIC HEARING OF THE
J CITY.COUNCIL AND THE• is/There'sa Grahmann •
PLANNING AND ZONING Senior Planner
1 COMMISSION OF' THE The Reporter News
!CITY OF PEARLAND, 281-485-7501
IT E X A S
i
- — —-�
. •
•
.. .. • AFFIDAVIT OF PUBLICATION.
• •
. . . • ,
. .
The Pearland Reporter News • - . .
•
2404 South Park • •
. . Pear.land, Texas 77581 . . •
.4 ..,
•
. • .•
•
• • . • • •
•
. . State of Texas
. .
. • Brazoria and Harris Counties . . •
. •
•
• • .
1;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 _.. 11 • c •—• • 20 g..2Z:. . • . .
••
.,.. No. Date __ : - : •_.20
No. . Date
20
---,---
,. No. . . . Date • • • • ' 20
No.____________________ Date 20----H. .•
• .
.. . .
. .
•
• . • li A
•
•
•
.
•
.11*:iit I,..414410rAL. : •
•• . •,:.
• • • • • A •• • CFO . - ' .
• • . •- •
Subscribe and sworn•to before me this day of• -1--- . . 1 ' . •
20....0_____ . •
. •
.
. .
.
• . .
raNI, LANA Akil EMMONS
. .
. . .
• . )c • Notary Public,State of Texas Laura Ann.Emmons; Publisher
\0,, My Commission Expires 09-09-2010
.• •: "
•
Notary PUblic,•State of Texas
. .
. •.
.
•
• •
•
•
Published Aug. 29 and
I Sept.5,.2007.
•
NOTICE OF A JOINT PUB-
LIC HEARING OF THE •
• k CITY COUNCIL AND THE
f PLANNING AND ZONING
• CQMMISSION OF THE
CITY OF PEARLAND,
TEXAS •
AMENDMENTS TO THE '
UNIFIED DEVELOPMENT
CODE(UDC) j
Notice is hereby given,that .
'on September 17, 2007, at
6:30 p.m., the City Council ,
and Planning and Zoning
• I Commission of the City of
Pearland,in Brazoria,Harris •
I and Fort Bend Counties,
I Texas, will conduct a joint
i public hearing in the Council
Cherrlbers_oLCity Hall,
located• at 3519 Liberty •
• Drive, Pearland, Texas, on
, i the request of the City of
; Pearland,for an amendment ".
•
to the Unified Development '
Code(UDC),Ordinance No.
2000T.1
At said hearing all interested
!•parties shall have the right
and opportunity to appear •
and be heard on the subject.
is/Theresa Grahmann
I, Senior Planner, - --- .-
: . AFFIDAVIT OF PUBLICATION
REcElvED
•
The Pearland Reporter I\L9,V4F:(cfrEZ,4,E:IsAgPFICE
2404 South Park &WINDY 1 6 AM 10: 28
• . Pearland, Texas 77581
State of Texas
• Brazoria and Harris Counties
• 1; Lloyd Morrow, hereby certify that the notice hereby appended was.published
-• in THE. REPORTER NEWS, a newspaper of general Circulatio" n in Brazorid.Harris
and Galveston Counties, for issues, as follows:
•
No. Date 20 •
•
No. Date
20 •
No. • Date 20
Date
.• No.
Date 20
•
4\
•
411"
•
CFO
Subscribe and sworn to before me this day of
e"et,. 'LAURA ANN EMMONS•
•
4:rnrymPisusbiolnicE,:aretse0o9f.)4:10
••• • " • • /
•
aura Ann.Emmons, Publisher .
•
. •
Notary Public, State of Texas
ck9o00T-5
Published Oct. 24,.2007.1
ORDINANCE NO.2000-T 5 ti
AN ORDINANCE OF THE II
CITY COUNCIL OF THE
i CITY OF PEARLAND, #
TEXAS, AMENDING
SELECTED PROVISIONS
OF'THE UNIFIED DEVEL-
OPMENT COPE OF THE
CITY;HAVING A SAVINGS I•
CLAUSE,•A SEVERABILI-
i TY CLAUSE, . AND A + J
REPEALER'' CLAUSE; '
IPROVIDIING FOR CODIFI-
•
;CATION, PUBLICA-'TION.I
!AND AN EFFECTIVE
D A T E .
!PASSED and ,APPROVED
:on First Reading this the 8th
day of October,A.D.,2007.
PASSED and APPROVED .
on Second and Final +
Reading this the 22nd day
of October, A. D., 2007.
/S/TOM REID
' MAYOR
ATTEST:
VOTING RECORD SEC-
. OND AND FINAL READING
• /S/OCTOBER 22, 2007
YOUNG LORFING,TRMC
CITY SECRETARY
•
Voting "Aye" -
Councilmembers Owens,
I Beckman, Saboe, Kyle.
J APPROVED AS TO FORM:
and Cole.
Voting "No" - None.
/S/ Motion passed 5 to 0. i
DARRIN M.COKER
PUBLICATION DATE:
October 24, 2007
CITY ATTORNEY
EFFECTIVE DATE:
November 2; 2007
PUBLISHED AS
REQUIRED BY SECTION
340 OF THE CHARTER OF
THE CITY OF PEARLAND;
TEXAS_ i