Ord. 2000-T-06 2007-12-10ORDINANCE NO. 2000-T-6
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herewith are hereby repealed but only to the extent of such conflict.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-6
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 10th day of
December, A.D., 2007.
TOM REID
MAYOR
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SE ETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the
10th day of December, A.D., 2007.
TOM REID
MAYOR
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VOTING RECORD SECOND AND FINAL READING
DECEMBER 10. 2007
NG R NG, R C voting "Aye" - Councilmembers Owens, Beckman, Saboe, Kyle
TY SE ETARY and Cole.
Voting "No" - None.
APPROVED AS TO FORM:
Motion passed 5 to 0.
~ ~y
/ l ~ PUBLICATION DATE: December 12, 2007
a,-,-.---.
DARRIN M. COKER EFFECTIVE DATE: December 21, 2007
CITY ATTORNEY
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
2
Exhibit "A"
Ordinance No. 2000-T-6
Section 2.4.4.6 M-1, Light Industrial District
(a) Purpose. The Light Industrial District (M-1) is intended to permit a wide variety of light
industrial, manufacturing, wholesale and service type uses.
(b) Authorized Uses. The following are authorized uses under the regulations established in
this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article 5,
Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size -Forty thousand (40,000) square feet in area.
b. Minimum Lot Width -One hundred and fifty feet (150').
c. Minimum Lot Depth -One hundred and fifty feet (150').
(2) Size of Yards:
a. Minimum Front Yard -Thirty-five feet (35')
b. Minimum Side Yard -Twenty-five feet (25')
c. Minimum Rear Yard -Twenty-five feet (25')
(d) Height Restrictions. No building shall exceed forty-five feet (45') in height.
(e) Fences & Screening. Fences and screening shall be provided and maintained as set
forth in Chapter 4, Article 2, Division 4 of this UDC.
(f) Parking. Parking and loading shall be provided in conformance with Chapter 4, Article 2,
Division 1 of this UDC.
(g) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(h) Special Conditions.
(1) Landscaped Open Area:
a. At least ten percent (10%) of the gross lot area shall be maintained as
permanent landscaped open area. All landscaping shall be properly
maintained throughout the life of any use on the lot.
b. Adjacent to a Sing/e-Family Use or Zonincr District - When a nonresidential
development is established on a tract of land that is adjacent to asingle-family
development or to property zoned for single-family use, there shall be a
twenty-five-foot (25') wide landscaped buffer along the property line that is
adjacent to such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area.
(2) Materials Storaae:
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a. No materials storage, including
materials, construction materials,
storage, shall be permitted unless:
but not limited to waste materials, raw
and salvaged materials or finished product
1. completely screened from streets or public rights-of-way and anv adiacent
non-industrial zoning districts by:
~: l~ a solid wall or fence not less than eight feet (8') in height, or
l~ a vegetative screen dense enough to be completely opaque year-
round, which is at least four feet (4') tall at planting and at least eight
feet (8') tall within twelve (12) months: and
2. located upon a surface that is acceptable to the City Engineer.
b. City Council approval of a Conditional Use Permit (in accordance with Article
2, Division 3 of this chapter) authorizing said materials storage or finished
product storage and uses is required for industrial zoning districts adjacent to
residentially zoned property.
c. Materials shall not be stored or stacked higher than the height of the screening
wall. Refer to screening wall requirements within Chapter 4, Article 2, Division
4 of this UDC.
(i) Performance Standards. No land or building shall be used or occupied within this district
which does not comply with the following standards relating to radioactivity and electromagnetic
disturbances, noise, vibrators, odors and glare.
(1) Radioactivity or Electromagnetic Disturbance: No activity shall be permitted which
emits dangerous radioactivity at any point, or electromagnetic disturbance adversely
affecting the operation at any point of any equipment other than that of the creator of such
disturbance.
(2) Direct or Skv-Reflected Glare: No glare shall be permitted whether from floodlights
or from high temperature processes such as combustion or welding or otherwise.
(3) Compliance With Other Regulations. All industries will comply with any appropriate
federal and/or state standard as well as any others specified by this UDC or any other City
Codes, such as adopted noise or hours of operation regulations.
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Section 2.4.4.7 M-2, Heavy Industrial District
(a) Purpose. The Heavy Industrial District (M-2) is intended to permit any manufacturing,
assembly, processing, storage and/or distribution, sale and repair incidental to industrial
use allowed by law.
(b) Authorized Uses. The following are authorized uses under the regulations established in
this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article 5,
Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size -Forty thousand (40,000) square feet in area.
b. Minimum Lot Width -One hundred and fifty feet (150').
c. Minimum Lot Depth -One hundred and fifty feet (150').
(2) Size of Yards:
a. Minimum Front Yard -Thirty-five feet (35')
b. Minimum Side Yard -Twenty-five feet (25')
c. Minimum Rear Yard -Twenty-five feet (25')
(d) Height Restrictions. No building shall exceed sixty feet (60') in height.
(e) Fences & Screening. Fences and screening shall be provided and maintained as set
forth in Chapter 4, Article 2, Division 4 of this UDC.
(f) Parking. Parking and loading shall be provided in conformance with Chapter 4, Article 2,
Division 1 of this UDC.
(g) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(h) Special Conditions.
(1) Landscaped Open Area:
a. At least ten percent (10%) of the gross lot area shall be maintained as
permanent landscaped open area. All landscaping shall be properly
maintained throughout the life of any use on the lot.
b. Adiacent to aSingle-Family Use or Zoning District - When a nonresidential
development is established on a tract of land that is adjacent to asingle-family
development or to property zoned for single-family use, there shall be a
twenty-five-foot (25') wide landscaped buffer along the property line that is
adjacent to such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area. The exception to
this requirement shall be when an M-2 industrial development is established
adjacent to an M-1 industrial development.
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(2) Materials Storage:
a. No materials storage, including but not limited to waste materials, raw
materials, construction materials, and salvaged materials or finished product
storage, shall be permitted unless;
1. completely screened from streets or public rights-of-way and anv adiacent
non-industrial zoning districts by:
u a solid wall or fence not less than eight feet (8') in height, or
fb~ a vegetative screen dense enough to be completely opaque year-
round, which is at least four feet (4') tall at planting and at least eight
feet (8') tall within twelve (12) months: and
2. located upon a surface that is acceptable to the Citv Engineer:
b. City Council approval of a Conditional Use Permit (in accordance with Article
2, Division 3 of this chapter) authorizing said materials storage or finished
product storage and uses is required for industrial zoning districts adjacent to
residential zoned property.
(i) Performance Standards. No land or building shall be used or occupied within this district
which does not comply with the following standards relating to radioactivity and
electromagnetic disturbances, noise, vibrators, odors and glare.
(1) Radioactivity or Electromagnetic Disturbance: No activity shall be permitted which
emits dangerous radioactivity at any point, or electromagnetic disturbance adversely
affecting the operation at any point of any equipment other than that of the creator of
such disturbance.
(2) Direct or Skv-Reflected Glare: No glare shall be permitted whether from floodlights
or from high temperature processes such as combustion or welding or otherwise.
(3) Compliance With Other Regulations. All industries will comply with any appropriate
federal and/or state standard as well as any others specified by this UDC or any
other City Codes, such as adopted noise or hours of operation regulations.
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Section 2.4.5.1 COD, Corridors Overlay District
(a) Purpose.
(1) The Corridors Overlay District (COD) is intended to help the City exercise
greater control over the aesthetic, functional and safety characteristics of
development along newly constructed major thoroughfares within the City where
higher development standards can effectively enhance the City's image as a
desirable place to live, work, and shop.
(2) The Corridors Overlay District (COD) is limited to specified areas
encompassing land that has already been assigned conventional zoning district
classifications. It supplements the standards of the underlying conventional
districts with new or different standards which are more restrictive. In the event of
a conflict between the standards of the COD and the regulations of the underlying
zoning district, the standards described herein will prevail. Regulations of the
underlying zoning district not augmented or otherwise supplemented by the COD
will continue to prevail.
(b) District Boundaries. The COD standards apply to the future development and
use of all land with lot frontage on either side of the street right-of-way along the
following specified major thoroughfares:
(1) Pearland Parkway: For the full length of the roadway within the City limits
(2) Oiler Drive: For the full length of the roadway within the City limits
(3) McHard Road: For the full length of the roadway within the City limits
(4) SH 35: For the full length of the roadway within the City limits, except within
the Old Townsite District
(5) Broadway Road: For the full length of the roadway within the City limits,
except within the Old Townsite District
(6) Magnolia Road: For the full length within the City limits of the contiguous
roadway known as Magnolia Road, County Road 59, Southfork Drive, and
John Lizer Road, except within the Old Townsite District
(7) Kirby Drive: For the full length of the roadway within the City limits
(8) Dixie Farm Road: For the full length of the roadway within the City limits
(9) Beltway 8: For the full length of the roadway within the City limits
(10) Bailey Avenue: For the full length of the roadway within the City limits
(11) Massey Ranch Road: For the full length of the roadway within the City limits
(12) Cullen Boulevard: For the full length of the roadway within the City limits
(c) Lot and Setback Standards.
(1) The minimum front yard building setback adjacent to a specified major
thoroughfare shall be twenty-five feet (25').
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(2) The minimum setback for all off-street parking, maneuvering and loading areas
from the right-of-way line of a specified major thoroughfare shall be thirty feet
(30').
(3) The minimum setback for all screening walls and fences, including residential
subdivision fences, from the right-of-way line of a specified major thoroughfare
shall be thirty feet (30').
(4) The minimum setback for any outside storage area (where permitted by the
underlying zoning district) from the right-of-way line of a specified major
thoroughfare shall be one hundred and fifty feet (150'), unless such area is
screened to one hundred percent (100%) opacity with a screening wall that
matches the primary on-site building or with live vegetation.
(5) No buildings, parking areas, or other impervious structures (except as noted
herein), are permitted within the recognized floodway, as identified by the City
Engineer, or within fifty feet (50') of the high bank, whichever is greater, of a
creek or other drainage way proposed as a linear park in the City's Park and
Recreation Master Plan.
a. Permitted exceptions include drainage-related structures and pavement,
paved pedestrian or bike trails, picnic tables, and paved surfaces beneath
picnic tables.
b. The Parks Director may reduce the restriction herein upon a finding that
the proposed construction is consistent with the Park and Recreation
Master Plan or the Hike and Bike Master Plan.
(6) Buildings, parking areas, or other visual obstructions shall not be located in any
required visibility triangle.
(7) The required setback area as described above shall be landscaped, and shall
meet the requirements of Subsection (g) of this Section 2.4.5.1.
(d) Building Facade Standards. Requirements are applicable to any side of a structure
that faces a thoroughfare listed in subsection (b), except for single-family detached
dwellings. A Facade Design Plan of the entire proposed project shall be submitted
with Site Plan review documents.
(1) Building Articulation:
a. Building articulation, which is the expression or outlining of parts of the
building by its architectural design, shall be provided in order to achieve
the following:
1. Create a complementary pattern or rhythm, dividing large buildings
into smaller, identifiable portions.
2. Break up the building mass through offsets and other methods that
articulate the horizontal and vertical building planes.
3. Incorporate details that create shade and cast shadows to provide
visual relief.
b. Building articulation shall be provided as specified in the following:
1. All nonresidential structures fifty thousand (50,000) square feet in
size or greater, except Public Educational Facilities, shall
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incorporate architectural variation of at least three feet (3') in depth
for everytwenty-five feet (25') in vertical or horizontal length.
2. All nonresidential structures less than fifty thousand (50,000) square
feet shall incorporate architectural variation of at least one foot (1')
in depth for every ten feet (10') in vertical or horizontal length.
(2) Buildina Materials:
a. All structures shall conform to the requirements in Article 6, Division 2 of
this chapter.
b. Corrugated metal and exposed fasteners are prohibited. Architectural
metals are prohibited except for miscellaneous trimwork.
c. A minimum twenty-five percent (25%) of an exterior wall facing the
specified major thoroughfare shall be transparent, except for Public
Educational Facilities, which are exempt from this requirement.
d. All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center or integrated business development shall have architectural
design, color, and materials that are compatible or consistent with an
overall theme, as determined by the Planning Director.
(3) Building and roof colors shall be provided in accordance with an approved color
palette, available in the City's Planning Office. Window/door trim, fascia, soffit,
or similar elements of the building facade are exempt from the color palette as
long as the total area of those elements do not exceed twenty percent (20%) of
the building facade for any side of the building.
(e) Access and Off-Street Parking Standards. Access and off-street parking shall be
provided in conformance with the City's Engineering Design Criteria Manual (EDCM).
(f) Bicycle Parking.
a. Bicycle parking spaces shall be provided at an amount equal to a
minimum of five percent (5%) of the required vehicular parking spaces.
b. Bicycle parking shall be conveniently provided for all uses allowed in the
following zoning districts: Office and Professional, Neighborhood Service,
Business Park-288, General Business, and General Commercial.
c. Each required bicycle parking space shall include a means to secure
individual bicycles.
(g) Landscaping Standards.
(1) Minimum Percentaae of Landscapina in the Required Setback Area: A
minimum of fifteen percent (15%) of the required setback area shall consist of
landscaped open areas with a permeable surface.
(2) Minimum Percentaae of Landscapina Generally: A minimum of fifteen percent
(15%) of the gross lot area shall consist of landscaped open areas.
a. Landscaping elements shall be established along the outside (i.e., the
side nearest the right-of-way) of all required screening elements (refer to
Subsection (h) below).
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(3) Tree Requirements: Trees are required along all specified major thoroughfares
as follows, and at least fifty percent (50%) of the required trees shall be located
along the frontage of the lot adjacent to the specified roadways:
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1") for each ten feet (10') of
frontage.
b. Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to one inch (1") for each fifteen feet (15') of frontage,
except for Public Educational Facilities, which are exempt from this
requirement.
c. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
d. At the time of planting, a minimum of three feet (3') shall be provided
between a tree trunk and the back of any curb and eight feet (8') between
a tree trunk and any planned or existing underground public utility lines.
e. At the time of planting, a minimum of six feet (6') shall be provided
between individual trees.
(4) Required Interior Site Landscaping:
a. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs.
b. No parking space designed and intended for the parkins of passenger
vehicles driven by customers. patrons. or employees shall be greater than
fifty feet (50') from a tree. Each island shall contain at least one (1) tree.
Public Educational Facilities shall be exempt from this requirement.
(5) Irrigation System: A mechanical irrigation system is required to be installed
and maintained.
(6) Adjacent to a Single-Family Use or Zoning District: When a nonresidential
development is established on a tract of land that is adjacent to asingle-family
development or to property zoned for single-family use, there shall be a twenty-
five-foot (25') wide landscaped buffer along the property line that is adjacent to
such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area and may count
toward (g)(1) above.
(h) Lighting Standards.
(1) Vehicular Circulation & Parking Areas:
a. High pressure sodium or metal halide fixtures shall be used with no direct
glare onto adjacent properties or public streets. The glare from such
fixtures shall be shielded from adjacent properties and/or public streets.
b. Minimum light level within the parking area shall be 0.5 foot candles when
the attendant facility is in use.
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c. Standards, poles, and fixtures shall be a single color, uniform in design
throughout the site and no taller than the height of the building being
served.
d. Creosote treated wooden poles are prohibited.
e. Street lights along the specified corridor shall conform to the standard
fixture adopted by the City. Installation of such fixture or payment in lieu
of installation shall be required prior to acceptance of subdivision
improvements by the City or issuance of a certificate of occupancy, as
applicable
(2) Walkway Liahtina: Walkway lighting comprised of standard, pole, bollard and
wall-mounted fixtures shall be no greater than twelve feet (12') above grade.
(3) Accent Liahtina:
a. Uplighting shall be concealed or positioned to screen the light source
from adjacent property.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
(i) Screening Standards.
(1) Site Elements Reauired to Be Screened: The following site elements shall be
screened from the public view from all specified major thoroughfares:
a. Mechanical and Utility Equipment
1. Screening shall consist of a decorative wall or architectural element
of the building that is one hundred percent (100%) opaque.
2. Roof-mounted equipment shall be screened with materials that are
one hundred percent (100%) opaque. Appropriate screening
includes an extension of the wall, such as a parapet wall, on which
the equipment is mounted.
b. Vehicle Loading and Unloading Areas
1. Screens shall incorporate shrubbery having year-round foliage
and\or a wall or architectural element of the building that is a
minimum of six feet (6') in height and is a maximum of seventy-five
percent (75%) opaque.
c. Refuse, Refuse Containers, and Recycling Containers
1. Screens shall consist of a solid wall or architectural element of the
building that is a minimum six feet (6') in height.
(2) Screening Elements Required: All screening walls visible from a public street
shall be:
a. Constructed of masonry materials that are consistent with the color and
design of the primary on-site structure.
b. Consistent in color and design with the building architecture.
c. Uniform in style and materials along the entire length of the screen within
a single development.
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(3) Screening Elements Prohibited: No fence or wall visible from a public street
shall be:
a. Greater than eight feet (8') in height.
b. Located within any required visibility triangle.
c. Constructed with any of the following materials: surface painted or coated
concrete, chain link, concertina wire, barbed wire, corrugated metal, or
fiberglass panels. Exceptions:
1. Barbed wire may be used solely to control livestock.
2. Public Educational Facilities shall be permitted to use chain link
fence along the perimeter of sports fields and detention basins.
Any chain link fence located one hundred feet (100') or less from a
thoroughfare listed in subsection (b) shall be constructed of chain
link material that is entirely coated by black or dark green vinyl,
and shall also include one of the following features:
A. an evergreen vegetative screen outside the fence
consisting of a combination of shrubs and trees that meet
the following requirements:
(i) shrubs shall be planted every three feet (3') or less
on center and shall be at least four feet (4') tall at
planting;
(ii) trees shall be planted every thirty feet (30') or less
and shall be at least two inches (2") in diameter
measured by caliper; or
B. masonry columns that are:
(i) no less than twenty inches (20") in width and depth;
(ii) at least twelve inches (12") taller than the adjacent
chain link sections;
(iii) spaced no further than twenty feet (20') apart;
(iv) topped with decorative masonry caps at least six
inches (6") tall that project at least two inches (2")
from the front facades of the columns; and
(v) constructed of materials similar in color, design, and
architecture to that of the primary structure.
(4) All other fences within Public Educational Facilities shall be constructed of
materials consistent in color, design, and architecture to the primary on-site
structure.
(5) Residential Subdivision Fences:
a. Residential subdivision fences shall be uniform in style, color, and
material along the length of the subdivision.
b. If visible from a street right-of-way, fences shall be constructed of
masonry materials. However, large-lot subdivisions, which are defined as
subdivisions with average lot sizes of one-half acre or more, shall be
permitted to be screened with wood rail fencing.
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(j) Buffering Standards.
(1) Site Elements Required to Be Buffered: The following site elements shall be
visually buffered from the public view from all specified major thoroughfares:
a. Parking Areas -Outdoor parking areas that are visible from any street
right-of-way.
b. Fuel Pumps -Fuel pumps located between the street and the building.
c. Drive-Up Windows -Vehicle drive-up windows facing the street.
(2) Buffering Elements Required: Required buffering shall be a maximum of three
feet (3') in height shall be provided by way of one or more of the following:
a. Freestanding masonry wall.
b. Landscaped earth berm with a maximum four-to-one (4:1) slope.
Retaining walls may be used to facilitate berming if unseen from the
street.
c. Shrubbery having year-round foliage.
(k) Outdoor Activities or Uses. The following shall apply when the incidental display of
merchandise out of doors is permitted within the base zoning district.
(1) Except as provided below, all display areas out of doors shall be confined to a
pedestrian walkway immediately adjacent to the building housing the primary
use, shall not extend from such building a distance of more than ten feet (10'),
and shall be located wholly under a permanent part of a main business building
such as a marquee, provided that adequate pedestrian access is maintained.
Adequate pedestrian access shall be an unobstructed thirty-six inch (36")
walkway.
(2) The temporary sale of Christmas trees and products associated with
celebration of holidays or national events On any property in the general
business district, the temporary sale of goods in relation to special events (e.g.,
Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of
forty-five (45) days prior to the day of religious the holiday celebration. The
sale of goods in relation to special, local, or store events (e.g., spring sale,
Party on the Grand, civic club event, etc.) shall also be permitted, but shall be
limited to one (1) event per calendar year, not to exceed a sale period of more
than sixty (60) days. The Building Official shall issue a permit for such sale
when he finds:
a. That there is an adequate off-street parking area, approved by the City;
and
b. That the location and layout of drives and parking areas, of lighting, and
of temporary sales signs will not constitute a hazard to public traveling to
the abutting public streets and will not obstruct the visibility along such
streets.
(3) No other type of outdoor activity or use shall be permitted in the COD District
without a temporary permit issued by the City's Building Official pursuant to the
City Building Code, unless expressly authorized herein.
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(4) 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.
(I) Sidewalk Standards.
(1) Location: The required sidewalk along all specified major thoroughfares may
be located within the front yard building and parking setbacks as well as the
parkway area from the back of curb to the right-of-way line. Sidewalks shall not
be required for development along Beltway 8 frontage roads.
(2) Easement Reauired: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of street right-of-way.
(3) Curved Alignment Required: The required sidewalk shall have a curved
alignment for at least eighty percent (80%) of the major thoroughfare street
frontage. Sidewalks on intersecting streets shall not have a curved alignment
unless approved by the City Engineer.
(4) Construction Criteria: Construction criteria for the required sidewalk:
a. Minimum six feet (6') wide.
b. Minimum eight-foot (80') centerline radius, maximum intersection angle of
twenty (20) degrees, and maximum twenty-foot (20') foot tangent
between sidewalk curves.
c. Minimum six-foot (6') separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d. Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e. Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk.
f. Deviations from these criteria may be approved by the City Engineer for
good cause such as cases of unusual or unique topography or to
preserve desirable natural features.
(5) A minimum six-foot (6') wide pedestrian sidewalk shall connect the perimeter
sidewalk to the building entry. This connecting sidewalk shall be accessible,
readily visible, and paved.
(m) Utilities. All utility service lines shall be located underground. Above-ground lines
may be located in the rear or other areas of the property as necessary, however
such lines must not prominent from the front view of the property or from the view of
roadways (the visibility of the poles must be partially or wholly obscured). Any
determination on whether utilities are prominent shall be made by the Planning
Director.
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Section 2.6.2.1 Applicability & Requirements
(a) Applicability. The standards and criteria contained within this division are deemed to be
minimum standards and shall apply to all new, altered or repaired construction of residential and
nonresidential buildings within the City that are visible from the applicable thoroughfare, as
referenced in Table 2-2, on which the building has frontage.
(b) Requirements. The materials used on the exterior facades of all buildings within the City
Table 2-2
Building Facade References By Roadway Classification
& Zoning District
ROADWAY ZONING DISTRICTS
CLASSIFICATION MF, C-MU, G/O-MU,
OP, NS, GB, C M-1, M-2
Thoroughfare (1) (4)
Collector (1) (2) (4)
Other (1) (2) (3) (2) (3)
* Refer to individual zoning district regulations for facade material requirements
for the Spectrum district, BP-288 district, OT District, and COD district.
shall conform to the requirements referenced, and in accordance to the appropriate zoning
district and roadway classification, in Table 2-2. "Roadway classification" refers to the way in
which the applicable roadway is classified on the City's adopted Thoroughfare Plan.
(1) Minimum exterior wall standards (facade) shall be one hundred percent (100%)
masonry or glass. These standards shall apply to any wall or portion of a wall visible from
the roadway (private or public) or abutting residential zoning districts.
a. Existing buildings shall also conform to facade requirements upon a change of
occupancy, occupant (if use has been abandoned per Section 2.7.3.6), or expansion
exceeding five hundred (500) square feet in area of exterior dimensions of a
nonresidential ormulti-family structure for which a permit is required.
b. New and existing structures, including expansions, that are at least two
hundred and fifty feet (250') from the specified roadways shall only be required to
meet these requirements within Subsection (3) below. The two hundred and fifty foot
measurement shall be taken from the curb or the edge of the roadway pavement.
c. Subsection (b)(1)b. above shall not apply to the following:
1. Any building that contains a single business and that has a footprint of
eighty thousand (80,000) square feet or more.
2. Any building that contains multiple businesses and that has a footprint of
eighty thousand (80,000) square feet or more.
3. Multiple buildings and/or multiple businesses on a single site or parcel of
land.
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4. Any collection of buildings that is classified by the City as a shopping
center, business park, or integrated business development and that is not
otherwise specified in Subsection 1, 2, or 3 above.
d. The Planning and Zoning Commission may make an exception to the
requirements of Subsection (b)(1) above for franchise businesses that have an
established theme. In order to make such exception, the franchise business cannot
have varied from the established theme in any other instance or other city. Such
information shall be provided by the City Planning Director and/or the franchise
business representative.
e. Other exemptions from (b)(1) for existing structures are provided within
Subsection (d)(2) below.
(2) Buildings built prior to January 1, 2001 are exempt from the (facade) requirements of
this section unless required by the adopted Building Code.
(3) Minimum exterior wall standards (facade) shall be a minimum of 24-gauge or heavier
architectural panels (wall systems) .
Corrugated metal is prohibited.
a. Within a GC (General Commercial) zoning district and where more than sixty
percent (60%) of the existing nonresidential structures along both sides of the same
street and lying between the two nearest intersecting streets do not comply with the
minimum facade standards, architectural panels (wall systems) shall be insulated
panels with a rock or rock-like coating or comply.
(4) Unless one of the following exceptions applies, masonry, stucco or EIFS materials
shall be required on one hundred percent (100%) of the front facade of any building that
faces onto a thoroughfare or collector. Side facades of such buildings shall be a minimum
fifty percent (50%) masonry, stucco, or EIFS.
a. The building is exempt under (2) above.
b. New and existing structures, including expansions, that are at least two
hundred and fifty feet (250') from the specified roadways shall only be required to
meet these requirements within (3) above. The two hundred and fifty foot
measurement shall be taken from the curb or the edge of the roadway pavement.
(c) Materials Permitted.
(1) Allowed by Right: For the purpose of this section masonry materials allowed by right
are brick, stone brick veneer, custom treated tilt wall, decorative or textured concrete
block, and split face block, stucco and EIFS (exterior insulation and finish systems).
(2) May Be Allowed by CUP: New technologies not addressed or contemplated by
these regulations may also be allowed by CUP, if such materials are consistent with the
visual nature and quality of the masonry materials permitted herein.
(3) Trim Materials: Architectural metal may be utilized for window and door trim, fascia,
or soffit.
(d) Exemptions.
(1) New and existing structures within industrial zoning districts, M-1 Light Industrial
district or the M-2 Heavy Industrial district, located along Mykawa Road between Orange
Street and Scott Lane, and between the railroad tracks and Hatfield Road, including the
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triangular piece bounded by the railroad tracks, McHard Road and Mykawa Road, shall be
exempt from any of the facade material requirements herein.
(2) Existing Structures:
a. Existing structures that would otherwise be required to be brought into
compliance with this division of the UDC may be exempt from such compliance upon
issuance of a CUP.
b. The applicant/developer may submit a bond (in an amount agreed upon by the
City) or enter into a written agreement (contract) with the City to give the
applicant/developer aspecific time period of time within which to bring an existing
structure into compliance with this division of the UDC. The City Manager or his/her
designee shall be the responsible official for approval of such bond or agreement. In
no case shall the agreed-upon period of time exceed five (5) years.
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Section 2.7.3.7 Special Exceptions for Nonconformities
(a) Exceptions Criteria. Upon written request of the property owner, the Zoning Board of
Adjustment (ZBA) may grant special exceptions to the provisions of this code, limited to and in
accordance with the following:
(1) Expansion of a nonconforming use within an existing structure provided that, in the
case of a nonconforming residential use, such expansion does not increase the number of
dwelling units to more than the number existing when the use first became
nonconforming.
(2) Expansion of the gross floor area of a nonconforming structure or a conforming
structure on property that is nonconforming, provided that such expansion does not
decrease any existing setback.
(3) Change from one nonconforming use to another, re-construction of a
nonconforming structure that has been totally destroyed, or resumption of a
nonconforming use previously abandoned, only upon finding that the failure to grant the
special exception deprives the property owner of substantially all use or economic value of
the land.
(4) Construction of a new structure on the same property where a nonconformity
already exists, whether it is a nonconformity in an existing structure or of the property
itself, provided the new structure assumes the existing nonconforming status and no
nonconforming use is expanded into the structure.
(5) In granting special exceptions under this Section 2.7.3.7, the ZBA shall avoid doing
so merely to allow a convenience or convey an advantage to the applicant but instead
shall endeavor to reduce the nonconforming nature of the nonconforming use whenever
possible and so may impose such criteria as are necessary to bring the property into
further compliance with this code, protect adjacent property owners, and to ensure the
public health, safety and general welfare, including specifying the period during which the
nonconforming use may continue to operate or exist before having to conform to the
standards of this Code.
(b) The ZBA may grant special exceptions for the following:
(1) To interpret the provisions of this chapter in a way so as to carry out the intent and
purpose of this chapter, adjust districts where the street layout actually on the ground
varies from the street layout as shown on the maps.
(2) To reduce the parking and loading requirements in an amount not exceeding thirty-
three percent (33%) of the normal requirement in any of the districts whenever the
character or use of the building makes unnecessary the full provision of parking or loading
facilities, as contrasted with merely granting an advantage or a convenience, as in the
following situations:
a. Housing specifically designed and intended for use by the elderly, disabled,
or other occupants typically having a lower expectation of automobile ownership;
b. Adaptive reuse or restoration of a historically or architecturally significant
structure;
c. Expansion of a nonprofit, public or social service use on an existing site; and
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d. Conversion of a nonconforming use to what would otherwise be a
conforming use, except for the parking and loading requirements.
(3) To allow off-site parking where all or part of the minimum number of parking spaces
required in Chapter 4, Article 2, Division 1 (Parking) of this UDC are located within three
hundred feet (300') on a lot or tract of land that is legally separate from the property
containing the principal use served by the parking area, provided that:
a. Both lots or tracts are under the same ownership; or
b. It can be established that two or more uses, applying jointly and concurrently
for the special exception, will be sharing a parking area that may be on property
that is not under the same ownership as one or more of the uses to be served by
the parking, where the shared parking area has a capacity of at least the minimum
number of spaces for the use having the greatest minimum requirement, where all
uses have their primary need for parking during offsetting periods so that the
parking area will be utilized by only one principal use at a time, and where the
arrangement is documented through a longterm lease or other written agreement.
(4) To allow the reconstruction of a nonconforming building which has been damaged
to the extent of more than fifty percent (50%) of its replacement cost.
(5) To allow a change to another nonconforming use. If no structural alterations are
made, any nonconforming use of a structure or structure and premises in combination
may, as a special exception, be changed to another nonconforming use, provided the
Zoning Board of Adjustment finds that the proposed nonconforming use is not more
nonconforming in the district than the previously existing nonconforming use.
(6) To allow the City to issue a building permit for expansion of a preexisting
nonconforming use that is not in compliance with the Future Land Use Plan Map and/or
zoning district when the Zoning Board of Adjustment determines that this special
exception will not adversely impact water, wastewater, drainage, and street transportation
systems, and is in accord with all City codes and applicable Comprehensive Plan policies,
including those pertaining specifically to land use compatibility.
(7) To allow construction of a new structure or expansion of the floor area of an existing
structure upon property that is
nonconforming in anv wav. unless the use on the propertv is inconsistent with the
property's zoning classification. This may be done without
bringing the entire property and all structures t~ge~ee-~ located on it into full compliance
with this code, w+t# subject to the following conditions,
and anv others that the ZBA may deems
necessary and reasonable to impose:
a. landscaping
1. quantity or type -full compliance for entire property
2. location or buffers - #~ compliance for new construction and/or,
entire property as may be required by the ZBA as a
condition of the special exception
3. lot percentage -compliance for new construction and/or entire property
as may be required by the ZBA as a condition of the special exception
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b. screening/fencing
1. screening (of dumpsters, loading areas, equipment, etc.) - full
compliance for entire property
2. fencing or screening of property/use -compliance for new construction
and/or entire property as may be required by the ZBA as a condition of the
special exception
3. buffers -same as landscaping buffers, above
c. facade (including building articulation, transparency of building materials, and
building color palette) -compliance for new construction and/or entire
property as may be required by the ZBA as a condition of the special
exception
d. setback/lot di~e~sier~s coverage -full compliance for new construction e~i
except that the ZBA may allow as a condition of the special exception for
expansion of an existing building where said expansion would encroach into a
required setback (other than the front setback) in which the existing building
already encroaches. so long as the resulting setback is not less than the
existing building's setback or ten feet~10'). whichever is greater
e. sidewalks -full compliance for entire property
f. parking -full compliance for new construction, additional compliance for
entire property as may be required by the ZBA as a condition of the special
exception
(8) To allow for the reasonable reduction, to the minimal amount possible, of
requirements related to the following improvements to allow for compliance with the City's
adopted requirements for development (and their spirit and intent), but also to allow for the
use and enjoyment of property within Pearland (also see Article 1, Division 3 of Chapter 4
for triggers related to these improvements):
a. Landscaping - As required within the applicable zoning district (Chapter 2)
and/or in Chapter 4, Article 2, Division 2;
b. Screening/fencing - As required within the applicable zoning district (Chapter
2) and/or in Chapter 4, Article 3, Division 4;
c. Facade requirements - As required within the applicable zoning district
(Chapter 2) and/or in Chapter 2, Article 6, Division 2.
(9) To allow for a reasonable amount of time for a nonconforming use to be brought to
alesser-nonconforming status or to a conforming status by allowing an applicant to make
improvements to an existing, developed property or building over a period of time, instead
of requiring such improvements to be made immediately, or prior to a Certificate of
Occupancy.
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Section 4.1.3.2 Improvements & Related Triggers
(a) Required Improvements. The following improvements required by this UDC shall be
adhered to when an expansion triggers such improvements:
(1) Facade Materials: As required within the applicable zoning district (Chapter 2) and/or
in Chapter 2, Article 6, Division 2.
(2) Sidewalks: As required within the applicable zoning district (Chapter 2) and/or in
Chapter 3, Article 2, Division 11.
(3) Parkin As required within the applicable zoning district (Chapter 2) and/or in
Chapter 4, Article 2, Division 1.
(4) Landscaping: As required within the applicable zoning district (Chapter 2) and/or in
Chapter 4, Article 2, Division 2.
(5) Screening/Fencinct As required within the applicable zoning district (Chapter 2)
and/or in Chapter 4, Article 3, Division 4.
(b) Triggers. Expansions to an existing property that meet the following shall trigger all of the
improvements outlined in (a) above, unless otherwise specified:
(1) Structure Sauare Footage: Any expansion of a structure shall trigger the
improvements required under (a) (3) and (a) (5). An expansion of a structure that exceeds
five hundred square feet (500 ft2) shall trigger the improvements required under (a) (1), (a)
(2), and (a) (4).
(2) Structure or Property Value: An expansion or improvement of a structure that
improves the appraised value of the structure or property by more than fifty percent (50%).
(3) Parking Spaces Increase: An increase in the number of parking spaces equal to or
more than twenty percent (20%).In this case, fagade material requirements shall not be
required.
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Section 4.2.4.1 Screening
(a) Nonresidential and Multiple-Family Screening Required (New Construction).
(1) Requirement Criteria. This section shall apply to the following:
a. Any nonresidential use that is separated by only a street or has a side or
rear contiguous to any residential use or residential zoning district other
than multiple-family.
b. Any multiple-family use that is separated by only a street or has a side or
rear contiguous to any residential use or residential zoning district other
than multiple-family.
(2) The following shall apply in either case outlined above:
a. The nonresidential or multiple-family use shall provide one of the
following:
1. ~#: an opaque screening wall a minimum of six feet (6') in height,
but not to exceed eight feet (8') in height. The screen shall be located no
closer to the street than the property line. Such screening fence shall be
maintained in good condition. Any sections of this Code concerning sight
obstructions of intersections shall be applicable to the screen where it is
intersected by a street or throughway; or
2. a vegetative screen dense enough to be completely opaque vear-
round. which is at least four feet (4') tall at planting and at least eight feet
~8') tall within twelve (12) months.
b. There shall be a minimum 25-foot wide landscape buffer between
nonresidential or multiple-family and all single-family uses, except this
buffer shall be at least thirty (30) feet wide if screening is achieved above
by a vegetative screen and not an opaque screening wall.
c. Prior to construction of buffers, complete plans showing type of material,
depth of beam and structural support shall be submitted to the Building
Inspection Division for analysis to determine whether or not:
1. The screen will withstand the pressures of time and nature; and
2. The screen adequately accomplishes the purpose for which it was
intended.
d. The Building Official shall determine if the buffer meets the requirements
of this section.
(3) Any required landscaping (refer to Division 2) shall be placed on the residential
side of any required screening wall. If the screening wall exists previous to the
development of the nonresidential or multiple-family use (as applicable),
required landscaping may be placed on the nonresidential or multiple-family (as
applicable) side of such wall.
(b) Parking Area Screening Along Major and Secondary Thoroughfares.
Landscaping shall be required for the screening of parking areas along major
thoroughfares or secondary thoroughfares when nonresidential parking areas are
located on the nonresidential lot such that they are adjacent to such roadways (i.e.,
there is no building between the parking area and the lot line adjacent to the
20 of 26
roadway). In such case, parking areas shall be screened by a continuous hedge of
shrubs that are maintained at a height of no more than thirty-six inches (36") nor less
than eighteen inches (18") as measured from the surrounding soil line.
(c) Residential Screening Along Major and Secondary Thoroughfares (Applies to
the City & ETJ).
(1) Requirement Criteria: Where residential subdivisions are platted so that the
rear or side yards of single-family ortwo-family residential lots are adjacent to a
major or secondary thoroughfare roadway as described in Chapter 3, or are
separated from such thoroughfare by an alley, or back up to such thoroughfare,
the developer shall provide, at its sole expense, a minimum six-foot tall
masonry screening wall (also see Subsection (2) below), or some other
alternative form of screening, if approved by the Planning Director, according to
the following alternatives and standards. All screening shall be adjacent to the
right-of-way or property line and fully located on the private lot(s), including
columns and decorative features. All forms of screening shall conform to the
requirements of City ordinances and policies that govern sight distance for
traffic safety.
(2) Screening Alternatives: Screening shall be provided in accordance with, and
shall be constructed to, standards and criteria as set forth in the City's EDCM.
An alternative form of screening, in lieu of the masonry wall, may be approved
by Planning Director and the City Engineer with the Preliminary Subdivision
Plat or Preliminary Development Plat application. Alternatives that may
considered include:
a. A living/landscaped screen in conjunction with decorative metal (e.g.,
wrought iron) fence sections with masonry columns;
b. A combination of berms and living/landscaped screening;
c. A combination of berms, decorative masonry walls and living/landscaped
screening, either with or without a decorative metal or "WoodCrete" type
of fence with masonry columns; or
d. Some other creative screening alternative may be approved if it meets the
spirit and intent of this Section, if it is demonstrated to be long-lasting and
generally maintenance-free, and if the Planning Director and City
Engineer find it to be in the public interest to approve the alternative
screening device.
(3) Time Required for OoacitLr. Any required screening device shall be, or shall
achieve, at least six feet in height and at least ninety percent opacity within
three years of initial installation/planting. Any landscaping used to achieve the
purpose of required screening shall be in conformance with Division 2 and/or
Division 3 of this article.
(4) Maintenance Easement: A wall/screening maintenance easement at least five
feet in width shall be dedicated to the City or to a property owners association
on the private lot side and adjacent to the entire length of the screening wall or
device.
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(5) Installation: The screening/wall/device shall be installed prior to final
acceptance of the subdivision public improvements. All landscape materials, if
utilized, shall be installed in accordance with Division 2 and/or Division 3 of this
article. Failure to properly install all components of a required screening wall or
device within the prescribed time frame, shall constitute a violation of this
Unified Development Code, and shall authorize the City Engineer to refuse
acceptance of the subdivision public improvements.
(6) Design of Walls: All masonry, wrought iron, steel or aluminum screening wall
plans and details must be designed and sealed by a licensed professional
engineer, and must be approved by the City Engineer. Use of chain-link,
chicken-wire, hog-wire fencing, and any other material similar in appearance
and quality is expressly prohibited. The use of wood is prohibited.
(7) Height of Screening: The height of required screening devices, including spans
between columns, shall be a minimum of six feet and shall be no more than
eight feet. Decorative columns, pilasters, stone caps, sculptural elements, and
other similar features may exceed the maximum eight-foot height by up to two
feet for a total maximum height of 10 feet for these features, provided that such
taller elements comprise no more than 10% of the total wall length in elevation
view.
(8) Other Easements: Screening fences, walls and devices shall not be
constructed within any portion of a utility or drainage easement unless
specifically authorized by the City and by any other applicable utility
provider(s).
(d) General Screening.
(1) The following requirements shall be in addition to the foregoing landscaping
and planting requirements:
a. All loading spaces and docks, outside storage areas including open
storage, storage in containers and boxes not designed to be permanently
affixed to real property, refuse containers/areas, mechanical and
electrical equipment, and the rear of nonresidential uses/structures on
double frontage lots, must be screened from view from the street or public
rights-of-way and adjoining properties.
b. Approved screening techniques include masonry, evergreen vegetative
screens, landscape berms, existing vegetation or any combination
thereof. In any case in which afence/wall is constructed to provide
screening, landscaping elements shall be incorporated along a majority of
the fence/wall. Also, in the case of roof-mounted mechanical equipment,
parapet roof structures are approved for screening such equipment.
c. If a nonresidential use is adjacent to a residential use other than multiple-
family, such nonresidential use shall be screened in accordance with
Section 4.2.4.1(a) and shall include a vegetative buffer.
d. Roof mounted equipment in M1 and M2 districts are exempt from
screening requirements if the equipment is painted to match the roof color
and the equipment is not closer than two hundred fifty (250) feet to a
roadway listed in Section 2.4.5.1.
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(2) If screening is required, it sha11 be of sufficient height and opacity to completely obscure the
activity, structure, or use.
23 of 26
Section 4.2.4.3 Fencing
(a) Fences in Residential Areas/Districts, Except Multiple-Family.
(1) Height of Fences in the Front Yard: Any fence or wall located to the rear of the
minimum required front yard line shall not exceed six feet in height.
a. Materials Permitted -Fences may be constructed of wood, decorative
metal, chain link or woven wire mesh, and other materials traditionally
used in private fence construction. New and innovative materials such as
plastics, PVCs, metal panel or metal slat, "honeycomb", cementatious
fiber board (e.g., "WoodCrete"), and other similar materials may be
approved for use by the City's Building Official if the material is proven to
be sturdy, durable and relatively maintenance-free.
b. Fences Permitted in Front Yard(s) Adjacent to a Public Street -Except as
provided by Subsection c (Decorative Fences) below, no fence or wall
shall be permitted within the required front yard of any single-family or
duplex residential lot which is adjacent to a public street. No residential
fence shall be closer than 15 feet to a public street; however, in cases
where the side or rear building line of the yards on continuous corner lots
adjoin (i.e., the side yard lot is not a key corner lot), the fence may be
constructed out to the property line of the side yard, such that the street
side yard may be included as part of the lot's rear yard area. (See Figure
4-5. )
c. Decorative Fences -Decorative fences with openings not less than 50% of
the fence area and not exceeding four feet in height are permitted in front
yards. Chain link, woven wire mesh metal panel, or similar materials are
not considered decorative fencing, and are therefore not allowed in front
yards.
24 of 26
Figure 4-5: Fences in Front Yards
(2) Perimeter Fencing: Above-ground electrical fencing (does not include
underground "virtual fencing", which is allowed), wire mesh (such as hog wire,
chicken wire) and barbed wire are prohibited as perimeter fencing except on
parcels or lots of two acres or greater in size in the Suburban Development
(SD) zoning district and Residential Estate (RE) zoning district.
(3) Fences within Public Easements: Fences within a public easement shall have
a gate or removable panel to allow for maintenance access to such easement.
(4) Fences within Drainage Easements: Fences within a drainage easement
should be constructed in a manner to not restrict the flow of drainage water.
(5) Fences in Side/Rear Yards: Fences located in side or rear vards shall not
exceed eight (8) feet in height.
(b) Fences in Non-Residential Areas/Districts.
(1) Barbed Wire Fencing: Permanent barbed wire or similar fences shall be
prohibited in districts where used for purposes other than for the control of
livestock. Barbed wire shall be permitted as an accessory material to another
type of fence in industrial zoning districts (M-1 and M-2), and for City facilities
upon approval by City Council, when the barbed wire material is located along
the top of a fence, beginning at a height of at least six feet (6') from ground
level.
(2) Gates for Vehicular Access: Gates designed for vehicular access shall be set
back from the property line a minimum of twenty-four feet (24').
(3) Permit Reauired: All new, reconstructed, or replaced fences require permits.
(4) Fences within Public Easements: Fences within a public easement shalt have
a gate or removable panel to allow for maintenance access to such easement.
(5) Fences within Drainage Easements: Fences within a drainage easement
should be constructed in a manner to not restrict the flow of drainage water.
(6) Height and Material of Fencing: In all vards. fences shall not exceed eight (8~
feet in height. Fences in the front vard except for properties in the M1 or M2
districts. shall be decorative with openings not less than 50% of the fence area
Chain link. woven wire mesh metal panel. or similar materials are not
considered decorative fencing.
25 of 26
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.
GAMING ESTABLISHMENT: A video arcade, game room, or other establishment that has
more than four (4) sei~--epeFated eight-liners or other amusement machines on which are played
games of chance fiefs for use by +#~a#er~s the general public for a fee or charge.
26 of 26
Planaing & Zoning Commission
Recommendation Letter
November 28, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Amendments to the Unified Development Code
Honorable Mayor and City Council Members:
At their regular meeting of November 19, 2007, the Planning and Zoning Commission
considered the following:
A request by the City of Pearland, for an amendment to the Unified Development
Code (UDC), Ordinance No. 2000T.
Commission Member Capehart made a motion to recommend approval of the
amendments to the Unified Development Code, which was seconded by Commission
Member Koza. The motion to approve passed 7 - 0. The 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
AFFIDAVIT OF PU• BLICATION•
The earland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas ,
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice herebya
- in THE. REPORTER NEWS, a newspaper of generalPppended was.published •.
and Galveston Counties, for circulation in Brazoria .Harris
. • .issues, as follows:
No..___________4_____ Date � •~
= •
20
No. Date
No. . Date
20
• No. Date
No. Date
20
ilk 0 I Lb
1 CFO
Subscribe and sworn to before me this
20
• day of• �/'"
/27_
,•:, EMMONS
*par P: 1„AURA ANN
•
4� ,tiatary Public,State of Texas •
.pair®�09.094010 :
. ' '' fly commissionLaura Ann Emmons,:
.... .•.�,� Publisher
Notary Public, State of Texas
aMillami thaic . 11 All.
II
r Published Oct.31 an`d'Nov.—i
7, 2007.
I
NOTICE OF'AJOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING.AND ZONING II `
COMM:ISS,ION
OF THE!• CITY 'OF
PEARLAND, • ;TEXAS
1 AMENDMENTS 70,THE
UNIFIED DEVELOPMENT
CODE(UDC)
Notice is hereby given'that
on November 19, 2007, at
6:30 p.m.,The City Council
and Planning and Zoning. j
Commission of the City of.
Pearland, in Brazoria,
Harris and Fort Bend
Counties,;Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall,:located at 3519 1
Liberty Drive, Pearland,
Texas,on the request of the
City of Pearland, for an
amendment to the Unified
p Development Code (UDC),
1Ordinance No. 2000T. ,
At said hearing all interest-
ed parties shall have the I
right and opportunity to
appear and be heard on the
subject.
Is/Theresa Grahmann
.Senior Planner
AFFIDAVIT OF PUBLICATION
LICATION
The Pearland Reporter News
24a4 south Park
• 0 Pearland, Texas 77581
State of Texas ,
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice herebyappended
•
pp nded was.published
in THE. REPORTER•NEWS, a newspaper of general circulation in Brazori a
and Galveston Counties, for % a,. Hams
issues, as follows:
No. Date . Lr '''
No. Date
20
No. Date
' 20
• No. Date
No. Date
------------------------
20
0
►/
t f'V
. oiLi.c. , _Lk,...,
CFO
Subscribe and sworn to before me this
,.,,��. day of
., tr State Oleos Q--fj&L.__________________. .. .
Pr PUB
.. . - ". Notary Public, .
'" CoinOsslon ExP�res 040010 a010.,
• � 4}P MV ��•v. �•u r /
. A.
Laura Ann.Emmons, Publisher
Notary Public, State of Texas
tob e
Published Oct.31 and Nov
e i 7, 2007.
NOTICE OF A JOINT PUB- '
I LIC HEARING OF THE1 i
CITY COUNCIL AND THEI
PLANNING AND ZONING
1
ICOMMISSION
OF THE CITY . :OF
PEARLAND, TEXAS
AMENDMENTS TO THE
UNIFIED DEVELOPMENT°
CODE(UDC) 1
I
Notice is hereby given that
ow November 19, 2007, at
16:30 p.m'.,,the City Council ,
and Planning and Zoning
Commission of the.City of
Pearland, in Brazoria,
'Harris and fort ,Bend
lCounties, Texas, will,con
duct a joint public healing in
'the Council Chambers of
ICity Hall, located at;3519
tLiberty Drive, Pearland,
Texas,on the request of the j'
'City of Pearland, for an+
amendment to the Unified I
lDevelopment Code (UDC),
;Ordinance No. 2000T.1,
• 'At said hearing all interest-l
ed parties shall have the
right 'and opportunity tol
appear and be heard on thei'
subject. I i
11 IsITheresa Grahmann
t Senior Planner
` ' AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
P 2404 South Park .
Pearland, Texas 77581
state of Texas ,
Brazoria and Harris Counties
I,Lloyd Morrow, hereby certify that the notice hereby appended
• in THE.REPORTER NEWS,' a�newspaper ofgeneral c was.published
• and Galveston Counties, for circulation in Brazoria;Harris
. . . issucs, as follows: -
No. I Date /02 1-2—
No. Date;, 20
No. Date � �
•
20
No. Date � � � � � � � •
20
No. Date
20
II k IA
''''`
1 • CFO
A .
Subscribe and sworn to before me this .
day of� C c--
20 _
.. SP„ - • ••••..• - Laura Ann,Emmons
L' �r, LAURA ANN E��ONS
:: � � Publisher
it . , Q. Notary Public
Nr y ,State of Texas �
\,,,i, MY Commission Expires 09-09.2010 Notary try Public, State of Texas
Ord. e9 aooT-Lo
•
•
LEGALS LEGALS 1
Published Dec.12, 2007. ,A.D.,2007. Voting "Aye" .•- Councilmembers Councilmembers Owens,
ORDINANCE NO. PASSED and APPROVED Beckman, Saboe, Kyle,
2000-T 6 • ON SECOND AND FINAL and Cole.
• READING this the 10th
I AN ORDINANCE OF THE day of December, A.D., Voting "No" None.
CITY COUNCIL OF THE 2007. . • -
CITY IOF PEARLAND, Motion' passed 5 to. 0.
TEXAS, • AMENDING /s!TOM REID • PUBLICATION DATE:
,SELECTED PROVISIONS MAYOR December 12, 2007
OF THE UNIFIED DEVEL- • ATTEST:
OPMENT CODE OF THE YOUNG LORFING,TRMC EFFECTIVE . DATE:
CITY; HAVING A SAV- December 21,2007
INS CLAUSE, A SEV- CITY SECRETARY
ERABILITY CLAUSE, '-, PUBLISHED AS
AND A REPEALER APPROVED AS TO REQUIRED BY SECTION
CLAUSE; PROVIDING FORM: 3.10 OF THE CHARTER
iFOR CODIFICATION, DARRIN M.COKER OF THE CITY OF
PUBLICATION AND AN CITY ATTORNEY PEARLAND,TEXAS
EFFECTIVE DATE. '
1 VOTING RECORD
jPASSED and APPROVED SECOND AND FINAL {
ION FIRST-READING this READING DECEMBER
'the 10th day of December,^410,2007
1