Ord. 509-011 01-25-88ORDINANCE NO. 509-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, BY AMENDING SECTION 25 TO
ALLOW REGISTERED FAMILY HOMES AS A HOME OCCUPA-
TION; SETTING FORTH REGULATIONS UPON SUCH HOME
OCCUPATION; AMENDING DEFINITIONS ACCORDINGLY;
DELETING OTHER DEFINITIONS; AMENDING THE TABLE
OF USES; AMENDING SECTION 29.8 TO INCREASE MAX-
IMUM PENALTY FOR VIOLATION OF ORDINANCE NO. 509
TO $2,000.00; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, on the 2nd day of November, 1987, the Planning
and Zoning Commission of the City of Pearland held a public hearing
and received testimony concerning the advisability of certain
amendments to the Land Use and Urban Development 0rdinanceNo. 509,
to-wit: Amending Section 25, Home Occupation, to allow registered
family homes in certain residential zones and also amending the grid
of uses and definitions accordingly, and, Amending Section 29.6,
Enforcement and Penalties, changing maximum fine from $1000.00 to
$2000.00; and,
WHEREAS, said Planning and Zoning Commission thereafter
recommended to the City Council of the City of Pearland that such
amendments be approved; and,
WHEREAS, on the BOth day of November, 1987, the City
Council of the City of Pearland held a public hearing and received
testimony regarding the advisability of said proposed amendments; and,
WHEREAS, on the 14th day of December, 1987, the City
Council voted to approve said amendments'to the Land Use and=Urban
Development Ordinance No. 509;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 25 - Home Occupation, of the City of
Pearland Land Use and Urban Development Ordinance No. 509 shall be and
is hereby amended by adding a new Section 25.2 thereto which shall
hereafter read as follows:
"Section 25.2. Registered Family Homes.
The operation of a Registered Family Home, as defined
herein, shall be allowed in the R-1,'R-2, R-S and R-4
residential zoning districts as a Home Occupation, pro-
vided the following requirements are met:
The operation shall at all times be in compliance
with prescribed Minimum Standards for Registered
Family Homes and other applicable Texas Department
of Human Resources regulations.
b. No advertising signage shall be allowed.
A fenced play area shall be provided. Fencing shall
comply with Section 21 of this Ordinance, except
that the minimum height for fences and gates shal 1
be four (4) feet.
The operation shall at all times be in compliance
with subsections a, c, d, e, f and g of Section 25.1
of this Ordinance.
The total number of children being given care,
including the caretaker's own, shall not exceed
seven (7) at any time."
Section 2. That Section 3 - Definitions, of the City of Pear-
land Land Use and Urban Development Ordinance No. 509 shall be and is
hereby amended by amending the definitions of the terms "day nursery",
"kindergarten" and "registered family home" to read as follows:
"Day nursery: An establishment where children, separated
from their parents or guardian, are housed for care or
training during the day or a portion thereof on a
regular schedule more often than once a week; does not
include a public school, private school, kindergarten or
registered family home.
Kindergarten: Any school, private or parochial, whether
operated for profit or not, attended by children during
any part of a day, which provides a program of
instruction for children below the first grade level in
which constructive endeavors, object lessons and helpful
games are prominent features of the curriculum.
Registered Family Home: A facility that regularly pro-
vides care in the caretaker's own residence for not more
than seven (7) children under 14 years of age, including
the caretaker's own children, and which is properly
licensed by the Texas Department of Human Resources as a
Registered Family Home, and which is operating in full
compliance with prescribed Minimum Standards for
Registered Family Homes, as promulgated by said Depart-
ment."
and that the definitions of the terms "child care" and "day care"
shall be and are hereby deleted from said Section 8 of said Ordinance
No. 509.
Section 3. That Table III- Table of Uses, of the City of Pear-
land Land Use and Urban Development Ordinance No. 509 shall be and is
hereby amended by amending the line on page 72 (as currently
paginated) in "Institutional and Special Services Uses" which is
entitled "Day Nursery or Kindergarten" to read as follows:
"SD R1 R2 R3 R4 MF MH OP NS GB C M1 M2
NO S S S S S S YES YES YES YES NO NO."
Section 4. That Section 29.8 -Enforcement and Penalties of the
City of Pearland Land Use and Urban Development Ordinance No. 509
shall be and is hereby amended in its entirety to read as follows:
"Any person, firm or corporation violating any of the
provisions of this Ordinance shall be guilty of a mis-
demeanor, and upon final conviction thereof shall be
fined in a sum not to exceed $2,000.00 for each offense.
Each day such violation continues to exist shall
constitute a separate offense. But in case any person,
firm or ~orporation violates any of the provisions of
this Ordinance or fails to comply therewith, the City of
Pearland, in addition to imposing the penalties above
provided,~ may institute any appropriate action or
proceedings in court to prevent, restrain, correct, or
abate or to prevent any illegal act, conduct, business
or use in or about any land; and the defintion of any
violation of the terms of this Ordinance as a
misdemeanor, shall not preclude the City of Pearland
from invoking the civil remedies given it by law in such
cases; but same shall be cumulative of and in addition
to the penalties prescribed for such violation."
Section 5. That the City Secretary shall cause the caption of
this Ordinance to be published in the official newspaper of the City
of Pearland at least once within ten days after the passage of this
Ordinance on second and final-reading. Thereafter,. this Ordinance
shall be in full force and effect ten days from and after such publi-
cation in the official city newspaper.
day of
PASSED and APPROVED on first reading this
//
, A. D., 1988. ~/~,~__~
Mayor
ATTEST:
C l~~c re tary
ATTEST:
PASSED and APPROVED on second and final reading this
day of ~z-~_.~,~ , A. D., 19~c
Mayor
CityS~~retar~
APPROVED AS TO FORM:
VOTING RECORD (FIRST READING) JANUARY 11, 1988
Voting "Aye" - COUNCILMEMBERS FRAUENBERGER, TETENS, BOST, AND ROBERTS
Voting "No" - None
Motion passed 4 - 0
VOTING RECORD (SECOND READING) JANUARY 25, 1988
Voting "Aye" - COUNCILMEMBERS ROBERTS, BOST, TETENS, AND FRAUENBERGER
Voting "No" - None
Councilmember Wolff abstained.
Motion passed 4 - 0
PUBLICATION DATE JANUARY 29, 1988
EFFECTIVE DATE FEBRUARY 8, 1988
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF
PEARLAND, TEXAS
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