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Ord. 509-105 12-17-97ORDINANCE NO. 509-105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22.17 OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, NO. 509, AS AMENDED, OF THE CITY OF PEARLAND CODE OF ORDINANCES, TO ALLOW FOR A COMPRE- HENSIVE SUBDIVISION DIRECTIONAL SIGNS PROGRAM AS AN ALTERNATIVE TO THE CURRENT BUILDER/SUBDIVISION AND SUBDIVISION IDENTIFICATION SIGNS PROVISION (APPLICATION NO. 105); PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, in accordance with its Police Powers, the City Council of the City of Pearland wants to (1) remedy the proliferation of illegal signage; (2) promote an aesthetically pleasing appearance along Pearland's main corridors and thoroughfares; (3) protect the health, safety, and welfare of the travelling public by limiting signage on City thoroughfares in densely occupied areas; (4) reduce the likelihood of motor vehicle accidents caused by confused drivers and haphazard driving decisions by providing clear and consistent subdivision directional signs; and (5) assist the travelling public in finding their destinations to Pearland subdivisions by the safest and most direct routes possible; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 22.17 of the Land Use and Urban Development Ordinance, No. 509, as amended, of the City of Pearland Code of Ordinances, shall be and the same is hereby amended to read as follows: ORDINANCE NO. 509-105 "Section 22.17. Builder/Subdivision and Subdivision Identification Signs. (1) (a) One builder/subdivision sign may be located at the main entrance of any new subdivision. Four (4) additional directional signs may be located off-site at appropriate locations. (b) The maximum area of a builder/subdivision sign shall not exceed 130 square feet (two sides maximum). (c) The maximum area of a subdivision directional sign shall not exceed 32 square feet (two sides maximum), with a length to width ratio not to exceed 3: 1. (d) Such sign(s) shall be removed after a period of five years or when the subdivision is sold out, whichever occurs first. (e) Subdivision identification sign or signs not exceeding one hundred twenty (120) square feet per sign face and containing no more than the name of the subdivision may be permitted at the entrance to subdivisions. Subdivision signs shall not be located on public rights-of-way. (2) Comprehensive Subdivision Directional Signs Program. (a) Off-site subdivision directional signs erected in accordance with this program may be located within the main corridors of the City. (b) Main corridor is defined as the area within five hundred feet (500') of the right-of-way of SH 288 from Clear Creek to the City's southern extraterritorial jurisdiction (ETJ) boundary, Broadway (FM 518) from the east City limit to SH 288, Main Street (SH 35) from Clear Creek to the southern ETJ boundary, Dixie Farm Road from the northeast city limit to Main Street, Oiler Drive from Main Street to Centennial Boulevard and Centennial Boulevard from Oiler Drive to Blackhawk Boulevard (no signs shall be located on public rights-of-way). 2 ORDINANCE NO. 509-105 (c) (d) (e) Signs erected in accordance with this program shall be allowed only upon issuance of a specific use permit in accordance with Section 23-Specific Use Permit Regulations of the Land Use and Urban Development Ordinance No. 509, as amended. In addition, a sign permit is required for each sign pursuant to Section 22.1 of said Ordinance. Each specific use permit is temporary in nature 'and is valid for a term not to exceed three years, at which time the signs erected in accordance with said permit shall be removed and may not be used or converted for any other purpose unless a new permit is issued for said .signs. Only one (1) specific use permit shall be granted in accordance with this program for each three year period." Section 2. Penalty. Any person, firm or corporation who shall violate or fail to comply with the requirements of any provisions of the Code herein adopted shall be deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Section 1-11 of the City of Pearland Code of Ordinances. Section 3. Repealer. All Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. 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 3 ORDINANCE NO. 509-105 deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified as herein provided. Section 7. 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 at least once within ten (10) days after its passage on second and final reading. This Ordinance shall thereafter become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this the~:lay of A. D., 19 ~ TOM REID MAYOR 4 ORDINANCE NO. 509-105 ATTEST: ~ITY SECF1ETAFIY PASSED and APPROVED ON ~37/D AND FINAL READING this the//'/day of ~ , A, D,, TOM REID MAYOR ATTEST: APPROVED AS TO FORM: y~M~ ~ ~-~ YA~~MO'ES McCULLOUGH CITY ATTORNEY VOTING RECORD (FIRST READING) NOVEMBER 25, 1996 Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None Motion passed 5 to O. VOTING RECORD (SECOND READING) DECEMBER 17, 996 Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None Motion passed 5 to O. PUBLICATION DATE: December 23, 1996 EFFECTIVE DATE:. JANUARY 1, 1997 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITH OF PEARLAND, TEXAS __ Change in Zoning Classification from: ~/CC~nge in Regulations in Section #: ~ __ Specific Use for: * Property address: ~J/& Metes & Bounds Description: ' (unplatted property only; attach sun, ey) to: Subdivision: Proposed use of land within requested designation: Record owner's name: Owner's mailing address:, Owner's telephone nmnber: Agent's name: Agent's mailing address: c~"/ PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible. with current and future uses on properties in my vicinity. Owner's signature: fi/A' ~ Agent's signatur/~ Fees paid: $ l'),,l~- AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties i~ Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general 'circulation in Brazoria and Harris Counties, for / issues, as follows: No. ] Date ~(_,~.-~-.~ Jr// 19 ~, No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and worn to before me this Editor day of ~7~, .~ ~:::.:- ',~' uc - ST^Ti OF =S Notary Public, State of Texas Laura Ann Emmons, Publisher