Ord. 509- B 07-21-93ORDINANCE NO. 509-B (REVISED
7/21/93)
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 3 THEREOF TO
ADD AND REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 20,
LANDSCAPE REGULATIONS; PROVIDING. MINIMUM STANDARDS FOR LAND-
SCAPING; BY AMENDING SECTION 22, SIGN REGULATIONS; AND BY AMENDING
TABLE VII THERETO; REQUIRING PERMITS; RESTRICTING SIZE, LOCATION,
SPACING AND TYPES OF SIGNS GENERALLY AND BY ZONING DISTRICT;
PROHIBITING CERTAIN SIGNS; PROVIDING FOR ABATEMENT OF UNSAFE SIGNS;
REQUIRING REGISTRATION; PROVIDING FOR APPLICATION OF PROVISIONS TO
THE EXTRATERRITORIAL JURISDICTION OF THE CITY; BY AMENDING SECTION
28.5 CONCERNING THE VOTE REQUIRED IN THE EVENT TO A PROTEST; BY
AMENDING TABLE III TO ALLOW CERTAIN RESIDENTIAL USES IN COMMERCIAL
ZONING DISTRICTS BY SPECIFIC USE PERMIT; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the City Council has received the recommendations of the
Planning and Zoning Commission concerning the matters
herein dealt with, which recommendations were made after
the holding of a public hearing before said Commission
and before the holding of a public hearing before the
City Council on such matters; and,
notices have been published of the times and places of
said public hearings held before the Planning and Zoning
Commission and City Council concerning the changes herein
made, which public hearings have been duly held; and,
the City Council has determined that the amendments to
the Land Use and Urban Development Ordinance of the City
of Pearland herein made are in the best interest of the
health, safety and general welfare of the citizens of the
City of Pearland; and,
the Legislature ~under Chapter 216, V.T.C.A. Local
Government Code, has established limitations upon the
regulations of signs, particularly with respect to the
removal of non-conforming signs; and,
WHEREAS,
WHEREAS,
Chapter 216, V.T.C.A. Local Government Code, also
authorizes the regulation of signs outside City limits
but within its extraterritorial jurisdiction, as an
alternative to regulation of such areas by the State of
Texas; and,
the City Council desires to establish a comprehensive set
of landscape, building facade and sign regulations for
the City in order to protect property values and
individual safety, aswell as the aesthetic sensibilities
and general welfare of all who use public thoroughfares
and are exposed to competition for their attention from
advertising signs, and to promote the orderly growth and
development of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
amending Section 3 thereof by revising the definition of the terms,
'Boarding House', 'Lot', 'Shopping Center', and 'Sign', as
follows:
(1) 'Building sign' means a sign attached against building fronts,
atop a marquee.
(2) 'Free standing sign' means a sign supported solely by posts or
structures other than a building.
~) 'Marquee sign' means a f~ ~L=udlu~ sign with slots or wires
for inserting individual letters so that a message about products
sold or services provided on 'the same'premises may be changed. A
mazquee sign may be part of a building, ground or f~eestanding.~ign
provided it does not exceed seventy five percent (75%) of the area
of the sign.
(4) 'Off-premise sign' means a sign displaying advertising copy
that pertains to a business, person, organization, activity, event,
place, service, or product not principally located or primarily
manufactured or sold on the premises on which the sign is located.
(5) 'Off-premise portable sign' means an off-premise sign which is
a ~ortable sign.
(6) 'Portable sign' shall mean any sign designed or constructed to
be easily moved from one location to another, including, but not
limited to, signs mounted upon or designed to be mounted upon a
trailer, bench, wheeled carrier, A-frame, or other non-motorized
mobile structure; a portable sign which has its wheels removed
shall still be considered a portable sign hereunder. For the
purpose of this chapter, trailer signs and signs on benches are
'portable signs'.
(7) ~On-Premise sign' means a sign identifying or advertising a
business, person or activity, and installed on the same premises as
such business, person or activity.
(8) 'On-premise portable sign' means an on-premise sign which is
a portable sign.
(9) 'Sign' means an outdoor structure, ~i display, light
device, figure, painting, drawing, message, plaque, poster,
~.~.~.~i!iii'f-t-ag or mly other thing that is designed, intended or
used to advertise, ~e inform. u~ ~LL~uL.
(10) 'Temporary Sign' means any sign constructed of cloth, canvas,
light fabric, cardboard, wallboard, plywood,' or other light
materials with short life expectancies. A portable sign shall not
be considered a temporary sign.
(11) ' Shopping center or integrated business'. '.development':
uuiupu~ihw d~l~wm~uh of ~hup~ and ~tu~ which p~uvld~ ~ v~ieLy
uf ~uud~ ~ud ~vluw~ Lu Lh~ ~,~1 ~ubllu, wh~ dwv~lup~d -~
i~ltu~l uzzlL. TIiu L~im ~huppi,~ uu~,Lu~ dl~u iuuludu~ ~huppiu~
,,,~11~. A commercial deVeloPment..~uCh .as a"
multi-tenant office b~ildi~g, c. Omm~rcial. center,' or in~ial
complex in which two '(2) or mo~'~:'s~pa~a~e. b~inesses occup~
si~gle or multiple structures which share on-site par. kin. g ..and
common dElveways.
(12) 'Boarding House': A building, built and/or used fo~=
residential purposes, where meals are served for compensation
person or persons not residing {~ the building,
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(13) 'Lot': as used herein, a "lot" is each physical and undivided
tract or parcel of land as shown on a duly recorded plat, and the
word "lot" shall include the word "plot." ~~"a~%~'~'[S't~'icts
include'~"~e' ~o.dina~ion. of" "tWo' ~' ;: mO~e "aaja~.'=~':'~iat~edU''''i~ts
allowi~4~'' d buildi'ng' t~ cross side ,' 'yard ',~e'tba~'.'~;i~?~s. "A'.,person
co~inidQ lots in 6uCh a manor sh~ll pr0Vi~"~'=a'cknowledged
declaration ,of inten~ {or. two oz more ~o~ to;~.,~ea~ed a{ one, lot
Sect~ on 2. T~T Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
revising the title of Section 20 and by revising Section 20.1 to
read as follows:
Section ~0,1, /~ppl{cahdl{tlF to D{str{cts,
The ~ requirements of this section shall be minimum
standards for and be applicable to the following districts, MF, MH,
OP, NS, GB, C, PUD, M-l, M-2, and specific uses as permitted by
( 1 ) there i's an enlargement' 'exceeding.'.!','OQ0..' 'S'~Ua~''/..f/e.'~'~. in .'area of
(2) theze'is'~'an,exfsti~g pa~king lot w~=h"'is,'~p~.a~ in"area to
pxovide: additional parking spaces.
The building facade requirements of this section sh'&li apply to all
bui[din~s'.fronting on majOr.'thorOughfa~.eS or loca~.~a i" .the MF, OP,
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existing ocCUpancy.'
Section 3. THAT Ordinance 509, the Land Use
Development Ordinance of the City of Pearland be
revising Section 20.2 to read as follows:
and Urban
amended by
Section )0.~. T.anascape Plan.
Prior to the construction and erection of a building or structure
subject to the requirements of this section, a landscape plan shall
be submitted for consideration by the Plan~.,~i'l.~':~nd"'zoning
CoN~.~i~,. A landscape plan shall also be submitted as part of a
Planned Unit Development District. The landscape plan shall
contain as a minimum the following information:
(a)
A Conceptual Plan of the landscaping identifying general
layout will be required.
(b)
The Plans should contain dimensions and elevations, where
appropriate, of special structural elements such as
bif~?'' ~ C=~, walls, planters, foundations, berms,
walkways and irrigating systems.
(c)
Building outlines, parking areas and arrangements, fences
and structural features to be constructed on the site.
(d)
Landscape plans shall be prepared at a scale of 1" = 40'
or larger scale and on a sheet size of 24" x 36". The
plan sheets shall contain a scale, north arrow, name and
address of the landscape architect, designer, or
architect and the site owner and/or developer. The plans
shall also identify the development and provide a brief
description of the property and its location.
Section 4. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
revising Section. 20.3 to read as follows:
Section 20.3. Minim-m Landscape Requirements.
Up to ten (10) percent of the entire area of the site not covered
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by buildings and not a part of the right-of-way or dedicated public
streets or three (3) percent of the gross area of the site,
whichever is greater, shall be required as landscaping to meet the
requirements of this section.
(a)
The minimum landscape..reqUirements shall be employed ~{
accordance with the .'Tree Preservation and Landscape
PeGi.~n,,G~Idelines .(G,U~e!i.~es). ma. de,'a.{.p~,.~,t.. h.e.r. eOf, to
improve aesthetic appearance, to enhance the
compatibility of different land uses, and to mitigate
(b)
Landscaping mal ~ be required for the screening of
parking areas from an abutting public right-of-way or
adjacent property, as .regU.~red by the P!ang~g ~nd..zoning
(c)
Interior landscaping malt ~ be required by the
Planning and Zoning Commission to be integrated into the
overall design of the surface parking area in such a
manner that it will assist in defining parking slots,
pedestrian paths, driveways, and internal collector
lanes, in limiting points of ingress and egress, and in
separating parking pavement from street alignments.
addi ti~'~. ~'~e stree l= tree. ,'~'t'ted ~n~,i..i,ql{g~'bn :.120.. 3- (,),
spaces,
Caliper inches of stree{l'a.~d pa.rkin'g.l~ trees' may. be
provide~'by planting ',a',c.6'.]mb.~atiOn'~ of .lt~ees that exceed
(d)
(e)
(f)
(g)
·
and 'ThOr~ughfa~s"'.'~'~ndsCaPing' hn~"' {~:;."~~Oviae' up
of trees. A contribution rate per calfper inch shall be
determined ~nnualZ~'.. '~ the City. 'Coun~LLand ~ro."'
'
Landscaping m~y ~ be required by the Planning and
Zoning Commission to screen outside storage areas,
loading docks and delivery entrances from adjacent
property and public' street right-of-way.
All landscaping shall be located so as not to interfere
with the act of parking or with parking area maintenance
and so as not to create a traffic hazard by obscuring
driver or pedestrian vision of the intersections of
walkways, driveways, collector lanes and streets or any
combination thereof.
Landscaping may be required by the Planning and Zoning
Commission to interrupt front building lines unbroken for
a distance in excess of two hundred (200) feet.-
Existing trees of larger than ten (10) inches in caliper
measured twelve (12) inches from the ground shall be
noted on the landscape plan. When possible, existing
trees should be included in the landscape plan.
In order to ~e:'?el'~g'ible for credit, 'an",.~f~'~.fng .tree
shall be' in clase, L =1 through ZZI in' the""Gd~d'&iines, 'in
good ~o.~d'i~ion,? ~fid be true to species,' .hab'fta~ 7~xid form.
(h)
Artificial plants and trees shall not be considered in
the satisfaction of the requirements of this section.
Section 5. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
revising Section 20.4 to read as follows:
Section 20.4. Maintenance.
The owner and tenant of the landscaped premises and their agents,
if any, shall be jointly and severally responsible for the
maintenance of all landscaping ~. co~formance 'wi'th"a~"approved
land~"pl~, in a good condition so'aa' to'presene a heaf~ neat
and"~aerfy'appearance. free from ref~e and debris. ~ '~a
Section 20.5. T.andscape Construction.
Prior to the issuance of a Certificate of Occupancy all approved
landscaping must be in place, or if seasonal considerations
prohibit the completion of the planting of landscape material, a
temporary Certificate of Occupancy may be issued for such time as
is reasonable to complete the landscape planting.
Section 6. THAT Ordinance 509. the Land Use and Urban
Development Ordinance of the City of Pearlandbe amended by adding
Section 20.6 to read as follows:
Build~6~'. 'Snail.' 'h~Ve""~a""minimum of 'aeventy five;'.i.~,.~jf,,'~t "' (7,5%)
maso~'~29~:'~'%ia'sS O~'~'a~eh',i~'~dral'~et,a'~."'.a~''~ front
walls.,
Sect~ on 7. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
deleting Section 22-1 (3), revising Section 22-1 (4), and items (f) ,
(g) and (p) thereof and deleting Section 22-1(4), items (n) and (o)
as follows:
SECTION 22 - SIGNS
Section )2-1.
S~ gns requir.{ ng permits.
(1) No sign shall be erected, created or constructed after the
effective date of this ordinance without a' permit issued by the
Building Official or his designee, except as provided herein.
(2) Every applicant, before being granted a permit, shall pay an
inspection fee, the amount of which shall be established and
amended by resolution or ordinance of the Council and on file in
the office of the City Secretary.
(3) Pv~L~blw Slvn~ .ill bw v~mlLLud ~ubjeuL Lu Lhe Le~m~ v£
SeuLion 22-7.
~ ~ii No permit shall be required for the following signs:
(a) Signs advertising the sale or lease of real property on
which they are located. Real estate signs shall not exceed 32
square feet per sign face and shall not exceed six feet above
ground level.
(b) A previously permitted sign in existence before the
effective date of this ordinance.
(c) A sign that has as its purpose the protection of life and
property.
(d) A sign or marker giving information about the location of
underground electric transmission lines, telegraph or
telephone properties and facilities, pipelines, public sewers,
or water lines or other public utilities.
(e) A sign erected by an agency of the state or a political
subdivision of the state, which may or may not be located
on public property.
(f) A sign erected solely for and relating to a public
election, but only if:
1. the sign is on private property;
2. the sign is erected no sooner than the<~%h~~day
9
before the election and is removed no later than the Y3%-b
~ day after the election;
3. the area of the sign does not exceed thirty-two (32)
square feet per sign face;
4. the sign does not exceed six (6) feet in height.
5. the sign is self-supporting.
two (2) square feet, H~ovid~d
~unL~ix, adv~Li~i~9 ~x~d ~ nuL u~d ~s ~uch.
(h) One unlighted or indirectly lighted sign with names
and/or street numbers so.long as the area of such sign does
not exceed one (1) square foot for each dwelling unit.
(i) Bulletin boards not over sixteen (16) square feet per
face in area for public, charitable or religious institutions
when the sam~ are located on the premises of such
institutions.
(j) One temporary construction sign denoting the architect,
engineer, financial institution, contractor, or other
principal parties when placed upon the site under'construction
and not exceeding thirty-two (32) sq. ft. square feet per sign
face.
(k) Memorial signs or tablets, names of buildings and date of
erection, when cut into any masonry surface or when
constructed of bronze or other non-combustible materials.
(1) Flags, emblems and insignia of any governmental body,
decorative displays for holidays or public demonstrations
which do not contain advertising and are not used as such and
which do not exceed thirty-five (35) feet in height and one
hundred (100) square feet in area.
(m) Temporary signs advertising occasional non-commercial
sales (including garage sales, patio and porch sales) shall be
limited to three (3) signs not to exceed two (2) square feet
each. Signs shall be removed within two (2) days following
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such sale. Such signs shall not be allowed more frequently
than three (3) times a year.. Signs shall not be located on
public property or utility poles.
(u) Banners dud deuo~dLiun~ u~uuL~d uu a,id ov~ publiu
~LiuuL~ dnuuunclu9 ulvlu d.d FdLlluLiu uvu. Ls .ud/ui ~Ud~UUdl
uulub~Liuu~, p~uvldlu~ ~uuh d~ uuL ~umalu fvi muiu Lhal~ si~ty
(60) d~y~.
(O) Subdivi~io, idenLi£iu. Liun ~i~n v~ ~i~.~ .uL e~uwudi,~
u,.~u l.,.uud.,.ud Lwu. Ly (120) ~ud~e fuuL pu~ ~i~. f~ue iu~L~llud
~L u.L~.uu~ Lu ~ubdlvi~iun~ a.d uu.L~i.i.~ .u .,o~u Lh.. Lhu
name of Lhu subdlvi~iun. Subdlvi~iuu ~i~.~ shall .uL bu
luuaLud un public ~i~hLs of-~x-
lP~iii Signs announcing special events for nbnprofit
organizations and service groups. These signs may be posted
up to fourteen (14) days prior to the subject event and shall
be removed within five days after the event. Such signs shall
require no permit. Signs of this type posted on private
property shall require the consent of the property owner. No
such signs shall be posted on public property unless the event
is being sponsored by an organization partially or wholly
funded by public funds or a governmental agency or being
sponsored by a group or organization using publicly owned
facilities. No such signs shall be allowed under any
circumstances on a public street. These signs shall not
exceed thirty-two (32) square feet per sign face.
Section 8. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the city of Pearland be amended by
amending Section 22-2, subsections (6), (7) and (8) to read as
follows:
Section 22-2.
Application for Permit.
Applications for permits shall contain or have attached thereto the
following information:
(1) Name, address and telephone number of the person or company
which will own the sign.
(2) Location of 'building, structure, or lot to which or upon
which the sign or other advertising structure is to be attached or
11
erected.
(3) Two (2) sets of plans shall be submitted showing the sign
location in relation to nearby buildings or structures, signs,
property lines, driveways, public streets, fences and sidewalks.
(4) Two (2) sets of plans and specifications showing method of
construction and attachment to the building or ground, size, type,
height, construction materials, wind load calculations and such
other information as the Building Official may require.
(5) Name, address and telephone number of person,
corporation, or association erecting the sign.
firm,
(6) Fu~ pu-Labl~ ~i~i,~, Lh~ ,l~t,w, ~dd~ ~,,d Lwl~Flio.e nu,t~ of
pe~v~, fi~.~, uv~pv~tlw~ v~ ~v~iatlw~ u~in9 th~ S19.
~dv~l ti~i~y. AI~O, the .u~ vf d~y~ vf ~ig,~ us~gw b~in~
~wquws twd.
~ ~ Zoning classification of the property.
~ST ~i~ Such other information as the Building Official shall
require to show compliance with this and all other ordinances of
the City.
Section 9. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pea~tand be amended by
revising Section 22-3, subsections (1) and (2) to read as follows:
Sect~ on 9~-3. Mems-rement-~.
(1) The area of any sign shall be deemed to be the sum of the area
of each sign face, including cutouts. ~{'oWe~e'r',"'?"~6~<!'' ' ,~'~a
free standi~,~. "~:=f~. '~.'.~..d:i .i h..' h~.~,.~wo, (~ ".or= '~: "" ' "?'j""'
f the ,i,,..' " ' ' ....... '
(2) Maximum sign height shall be measured from the highest point
12
on the sign to the ~dd~ luvul of th~ ~ddwux f~Um wl,i~h th~ ~iWn
measured perp~dicu~j~'~0'..7't~e sigh. ' ............. ""'
Section 10. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
amending Section 22-4, subsection (1) to read as follows:
~ect{ on ~.9-4. He{ ght Restrictions.
f l) No free standing sign shall exceed t|ai~ty (30)
eet above ground level.
(2) Building signs shall not exceed four (4) feet above roof line.
'(3) Any sign over a walkway shall have a minimum of eight (8) feet
clearance over the walkway.
Except as authorized by Table VII, no sign requiring a permit shall
be allowed within the City's jurisdiction. Signage shall not
exceed the maximums therein provided.
section 22-6.
Frontage on more than one street.
(1) If a use has street frontage on a corner, street frontage for
the purpose of calculation of sign area shall be either:
(a) In the case of a sign erected on a building, the frontage
of the building on the street which the sign faces.
13
(b) In the case of a free standing sign more than three
hundred (300) feet from an intersection of any public street,
the frontage. of the street closest to the sign, or if
equidistant from two (2) or more streets, the longest such
frontage.
(c) In the case of a free standing sign less than three
hundred (300) feet from an intersection, the frontage to be
used in calculation shall be the street upon which the largest
business building on such property faces.
(2) If a use has street frontage on more than one street, but not
on a corner, such business shall be entitled to signs as allowed by
Table VII on each street.
Section 11. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
deleting Section 22-7, subsections (2) through (7) to read as
follows:
Section 2.)-7.
Portable s{gn limitations.
(1) It shall be unlawful for any person to erect, structurally
alter, or relocate any portable sign within the City or its
extraterritorial jurisdiction.
(~) P~iu~ Lu iiaStall~hlui, ~,ad u~ of a po~t~blu sigu.
(b) Plloi Lu u~w vf ~l, ~i~Liu~ iu~Lullwd pulLable ~19~1 by ~
di££~i~uL bu~iu~ lucaL~d ill Lliu ~dll,~ ~huppiu9
F~es £u~ a pu~L~bl~ ~19~, u~ p~,iL ~hall b~ ~L~bli~hed by CiLy
Cuuuuil. E~ul, u~a-p~,~,i~ pu~Lubl~ ~19,, .~h~ll |,~v~ iL~
14
5~uu~-~ly dLLduh~d ~,,,d visible.
(4) Ev~ly Fu~Ldbl~ ~19,,
-~qull~m~=,Ls u£ $~u. 22-8.
i,, u~ ~h~ll n,~ L th~ wind ludd
(5) Th~ d~ wll~ diay portable SlV~a iS lOu~t~d Sh~ll b~ n~tly
mdlnLdi=iwd dud kwpL ulwd. by Lhe uwnei, llu~ns~, uz F~lmlLLww.
Sdld ~i~ull ~h~ll k~p the ~it~ muw~d dud ul~az Of d~bii~.
(6) Nu pulLdbl~ ~ign nldy b~ illumlnaL~d unl~s~ iL fully a,~L~ th~
City' s EleuL~iu~l Cuds.
lt i ! i)iii Portable signs shall be removed from their instaned
location at the conclusion of the permitted use period. Signs left
on location past the permitted period, even with a blank
advertising face, will be considered in violation of this
ordinance.
~~ The Building Official or his designee shall physically
remove all portable signs in violation of Section 22 of the Zoning
Ordinance of the City of Pearland. Such signs shall be stored
until released to the owner thereof upon payment of an impoundment
and daily storage fee to be established by the City Council and on
file with the City Secretary. Upon removal of such sign the
Building Official or his designee shall give notice of the
violation and sign removal to the person in charge of the premises
or, if the owner of the sign is known, to the owner of the sign;
such notice to be transmitted via registered mail and shall state
the method by which a hearing can be had before the municipal
court. If a hearing is not requested within fifteen (15) days of
the notice, the determination of the Building Official or his
designee shall be final. Such hearing shall be held separately
from the determination of criminal responsibility for the violation
and the decision of the municipal judge shall be final on the
determination of the right of the City of required payment of the
impoundment and storage fee as a condition to release of the
portable sign. In such hearing the witnesses shall be sworn and
cross examination shall be permitted.
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~ection 12. THAT Ordinance 509, the Land Use
Development Ordinance of the City of Pearland be
revising Section 22-8, to read as follows:
and Urban
amended by
~Section 92-8.
Wind loads.
~. Freestanding and ground signs, 'and building signs that extend
above the roof ~ine, shall be designed, constructed and installed
to withstand a wind pressure of not less than thirty (30) pounds
per square foot per sign face.
Section ?~-9. Ohst~,~ct~on to aoo~, winaows or f.{~e
escapes.
No sign shall be erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window or fire escape. No
sign of any kind shall be attached to a stand pipe or fire escape.
Section ?2-10.
Rigns not to constit-re traffic haZara.
No sign shall be erected or maintained in such a manner as to
obstruct free and clear vision; or at any location where by reason
of position, shape, color, degree, manner, or intensity of
illumination it may interfere with vehicular or pedestrian traffic.
Pursuant to the foregoing, no sign shall be erected or maintained
in such manner as to be likely to interfere with, obstruct the view
of, or be confused with any authorized traffic sign, signal, or
device. No sign shall be erected or maintained in a visibility
triangle as defined in Section 3 of the Zoning Ordinance of the
City of Pearland.
Section 13. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
revising Section 22-11, subsections (3), (7) and (8) to read as
follows:
Section 22-11.
ted signs. aavert~ sing, lighting.
(1) NO person shall attach any sign, paper, other material, or
paint, stencil, or write any name, number (except house numbers),
or otherwise mark on any sidewalk, curb-, gutter, street, utility
pole, trees, public building, fence or structure unless authorized
by this ordinance.
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{~2) Siqns 'which no' ~'~q~' advertise'
conducted, or a product 'sold, shall be ~emoved .o'r".h~"~nk ~aces
the land, buildin~ or stEucture upon which such'r"~'~' 'i~':'iocat. ed
within thirty (30) days after written notification to ~. so from
the Building Official. Upon failure to comply ~i~h such notice
within the time specified in such order, the Building Official is
authorized to file a complaint in Municipal Court and/or c~use
removal of such siqn, and any'.expenee
paid by the owner of the' 1'~
sign'is attached or u~6~ ~h~h"it]~'~'s ...........
Section 22-12~
Compliance with other Codes.
All signs shall comply with all other City Codes, including the
Electrical and Building Codes.
SectiOn 22-13.
Maintenance.
All signs, together with all supports, braces, guys and anchors
shall be kept in good repair by the owner of the sign or the person
in charge of the premises. Failure to keep a sign in good repair
as defined in the Pearland Building Code shall be deemed cause for
removal if the owner of the sign or person in charge thereof fails
to make such repairs within thirty (30) days of notice of
deficiencies from the Building Official.
Sect{ on 29-14.
E~nsa{e signs.
If the Building Official shall find that any sign is unsafe and is
a menace to the public, he shall give notice to the permittee
thereof in the same manner as is provided in the Building Code for
notice of unsafe buildings. If the permittee fails to remove or
repair the sign within the time provided in such notice, such sign
may be removed at the expense of the permittee. The Building
Official may cause any sign which is an immediate peril to persons
or property to be removed summarily and without notice.
Section 14. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland be amended by
revising Section 22-15, subsection (2) to read as follows:
Section 22-15.
Replacement or repair of sign.
18
.(L) ~When any sign, or a substantial part of it, is blown down or
otherwise destroyed or taken down or removed for any purpose other
than maintenance operations or for changing the letters, symbols or
other matter on the sign, it may not be replaced, reerected,
reconstructed, or rebuilt except in full conformance with the
provisions and requirements of this ordinance.
(2) For purposes of Subsection (1) of this section, a sign or
substantial part of it is considered to have been destroyed only if
the costs of repairing the sign is more than fifty (50) percent of
the cost of erecting a replacement sign of the same type at the
same location.
Section 15. THAT Ordinance 509, the Land Use
Development Ordinance of the City of Pearland be
revising Section 22-16 to read as follows:
and Urban
amended by
Section 22-16. Sign registration,
Every person, firm, group, organization, corporation, association,
or other entity which has ai~ ldw£ul!y erected sign on the 'effective
date of this ordinance, Shall register these signs with the City
Building Official within 120 days after the effective da'te of this
amendment unless said person, firm, group .organization,
corporation, association or other entity has previously registered,
~ts sign. This registration on the part of the owner will consist
of notifying the City Building Official of the existence of
signage. Inspection, measurement, and recording of signs will be
done by the City. u~ ~zuut~ d ~iga, ~£t~ tla~ ~£fuutivu d~Lu u£
Lhi~ u~dlia~uu~, ~h~ll ubt~iu ~ ~i~u u~u pu~mit. Appllc~Liuu
~uuh ~igu u~.p~lmlL £ui ~ pl~i~Liu~ ~l~u ~h~ll b~ fil~d wlLh Lh~
CiLy Buildin9 Offlui~l wALlilia uu~ hundied tw~uLy (120) d~y~ flulu
Lh~ ~ff~Llvu d~Lu uf Lhi~ u~dlu~uu~- The City Building Official
shall determine if the preexisting sign meets the requirements of
this ordinance.
(1) Conforming use: If such preexisting sign meets the
requirements of this ordinance, the City Building Official shall
issue to the applicant ~ ~iyu u~ p~imlL. "Notice of Registration
of a Conforming $ign(s)."
(2)
Nonconforming use:
..i~!ii!i If such preexisting sign does not meet the requirements
19
of this ordinance but was in conformante with OrdinanCe~/'NO.
'509A on the effective date of this ordinance (~alte. ~to,,.be
inserted by C{ty Secretary), the City Building Official shall
issue to the applicant a permit entitled "Sign ~5~ P~mit-
Registration - Exempt Nonconforming Use." Such sign shall
then be subject to the requirements of Section 22-15,
"Replacement or Repair of Sign."
~i~ If such preexisting sign does not meet the requirements
of this ordinance and was not i~ conformance with Ordinance
No. 509A on the effective date of this ordinance (~ .~, b~
inserted by City Secretary) or within twelve. months
thereafter, the City Bui]djng Official shall. issue to the
applicant a permit entitled "Sign Us~ P~mit- Registration -
~~~Nonconforming Use." Such sign shall then be subject
to the requirements of Section 22-15, "Replacement or Repair
of Sign", and subsection (c) below.
(c) Signs registered as nonexempt non-conforming uses shall
within ei~--"~ six (6) years after the effective date of
this ordinance (date to be inserted by City SecretarJ), be
removed or made to conform, except that those signs for which
'the conformity date is required to be extended or for which
financial compensation is required under state or federal law
shall be extended for so long as the conformity date extension
or financial compensation continues to be [equired b~ state or
federal law; provided, however, all on-premise and off~p~emise
portable signs s~all be 'removed or made to 'conf~rm within
ninety (90) days.afte~ the effective date of this ordinsnce.
(3) unsafe signs: If such preexisting sign is found to be unsafe
and a menace to the public by the City Building Official,
u~ p~mit ~h~ll nut be ~ut~d. such sign shall then be subject
to the requirements of Section 22-14, "Unsafe signs."
Section 16. THAT Ordinance 509, the Land Use
Development Ordinance of the City of Pearland be
revising Section 22-17 to read as follows:
and Urban
amended by
=~.ction 22-17. Build~;l.~bdivision
Identification
and
SubdiVision.
20
B~tildu~/Subdlvi~iuu bi~,x~ will bu p~.,~,itt~d with thw fulluwlx*9
(1) One builde£/subdivision sign may be located at the main
entrance of any new subdivision. If thu xu~iu ~uL~uu~ is ,xu~.:.?u ~
m~ju~ Lhu~u~h£~, four (4) additional directlonal ~h~ sign~ may
be located off-site at m7 appropriate location~!~=: uu th~ u~a~u~
LLLc~j ui thu.Luughfc, le.
'(2) The maximum area Of a builder/subdivision iu,. ~u~.h sign shall
not exceed 130 bg. £t. Square feet (two sides maximum).
(3) The maximum area of a subdivision dj. re~tional sign shall not
exceed 32 square feet (two sides maximum), with a length to width
ratio not to exceed 3:t.
be removed after a period of five years or when the subdivision is
cuxuFl~t~ly so].d outT , whichever occurs first.
(5) 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 sign~ shall ndt be located
on public rights-of-way.
Section 17. THAT Ordinance 509, the Land Use
Development Ordinance of the City of Pearland be
revising Section 22-18 to read as follows:
and Urban
amended by
Section 22-18. Application
jurisdiction (ETJk ·
to
extraterritorial
This Section 22, together with all applicable definitions, shall,
pursuant to the authority of Chapter 216~, V.T.C.A. Local
Government Code, apply to the City's ~xt~ut~itu~iul ju~i~dlutiuxx
(ETJ). Property within the ETJ of the City and put to residential
use other than multi-family or mobile home park shall be permitted
the same signs as if such property was within the City and zoned R-.
4. Property within the uxt~t.u~xlLu~i{~l ju~i:~diutioT~ ETJ of the
City and put to multi-family, mobile home park or commercial or
other nonresidential use shall be permitted the same signs as if
such property was within the City and zoned M-2.
21
,D_~c~t~on 18. THAT Ordinance 509, the Land
Development Ordinance of the City of Pearland,
revising Table VII to read as follows:
Use and Urban
be amended by
Table VII
Zoning District
Sign Type Allowed
Maximum Area of All
Signs Allowed for a
Business With Frontage
SD, R-I, R-2,
R-3, R-4, FW
OP
Signs permitted under
under the "Special
Provisions" portion
of this table and
signs not requiring
permits are allowed
in these districts.
On-premise building
Ou-p~mi~ f~-
120 square feet (ground
sign maximum - 35 square
feet)
120 ~qu~ fe~L
NS
On-premise building
~ tctudln~,
¢tud pui L~I~ signs
allowed.
2 square feet per
lineal foot of
building frontage
up to a maximum of
160 square feet*
(ground sign maxi-
mum - 50 square feet)
GB
On-premise building
~t~tidlug, nt~iqu~
dad poiUobl~ signs
allowedi i
2 square feet per lineal
foot of building frontage
up to a maximum of 200
square feet* (ground sign
maximum - 75 square feet)
22
FZoningDistrict
PUD
\
M-l, M-2
Sign Type Allowed
On-premise building,
ground, ~ free
standing, m~u~u
dud uu-piunti~u pOLL-
able signs allowedii.~i
On-premise building,
standing signs
located and described
on the site plan
~t~udlug, build-
lug
pu~ t~bl~ ~igus
~llu~ud ·
Maximum Area of All
Signs Allowed for a
Business With Frontage
2 square feet per
lineal foot of
building frontage
up to a maximum of
300 square feet*
(ground sign maxi-
mum - 100 square feet)
Limited only by site
plan and zoning
limitations.
*EXCEPTIONS:
In the case of a business with frontage of less than ~ifty feet
(50'), a building sign(s) not to exceed fifty (50) square feet
total shall be allowed.
In the case of a business with frontage of less than twenty five
feet (25'), a ground sign not to exceed thirty five (35)'square
feet tota.I shall be allowed, excluding a business 16cared within a
shopping center or integrated business development,
In the case of a business with frontage of more than seventy five
feet (75') and located wj. thin e shopping center.' or integrated
business development, a free standing sign not to exceed fifty (50)
square feet shall be allowed, subject to freestanding signs being
a].lowed in the zoning district and the prov].:~ions of Section 22-11
(7).
23
A Shopping center or ~nteg.rated business development' shall be
allowed one (1) multi~'tenant ground sign with allowable s~gn'area
determined on the same basis as a single business with the same
frontaqe in the same zoning district, to a maximum of one hundred
fifty (150) square feet.
Special Provisions:
[hurches, colleges, government-owned buildings and institutional,
educational uses shall be allowed on-premise building, mdi~U~ dud
£i~ ~Luud~u9 (~.~ s~gns not exceeding 100 square feet per s~gn
Churches, colleges, government-owned buildings and institutional
educational uses shall be allowed ~ ~ off-premise sign~, for
directjona]. purposes, not to exceed 32 s~are feet per face ~
sides maximum). Additional. off-premise directionel s~.gns may be
authorized by the Zoning Board of" Adjustments aig.ng mjor
thoroughfares as deiined on Page 2-39 of the Pearland Compre-
hensive ~velopment Plan (1978), or as amended."
Section 19. THAT Ordinance 509, the Land Use
Development Ordinance of the City of Pearland, be
revising Section 28.5 to read as follows:
and Urban
amended by
Section 28.5.
Vote Required in the Event of Protest-
if a proposed change to a regulation or boundary is protested in
accordance with this section, the proposed change must receive, in
order ~.o take effect, the affirmative vote of at least three-
fourths (3/4) of all members of the Cit~ Council entitled to vote
On the question. The protest must be written and signed by owners
of at least 20 percent 6f either:
(1) the area of the lots or land covered by the proposed change;
24
the area of the lots or land immediately adjoining the area
covered by the proposed change and extending 200 feet from
that area.
In co:~uting the percentage of ].and area, ~he area of streets and
a].ieys shall be included.
Section 20. THAT Ordinance 509, the Land Use and Urban
Development Ordinance of the City of Pearland, be amended by
revising Table III- Table of Uses, on the lines on page 70 (as
currently paginated) in "Primary Residential Uses" which are,
"Single Family Dwelling Detached", "Single Family Dwelling -
Attached Town Houses", "Two Family Dwelling" and Multi-Family
Dwelling" to read as follows:
SD R1 R2. R3 R4_ MF MH 0P NS ~B C.. M1 M2..
Single Family Dwelling Detached
S YES YES YES YES YES S
S ~ NO NO NO
Single Family Dwelling - Attached Town Houses
NO NO NO
Two Family Dwelling
NO
Section 21. If any provision of this ordinance or the
application thereof to any person or circumstance isheld invalid,
such invalidity shall not affect any other provision or application
of this ordinance which can be g~ven effect without the invalid
provision or application and to this end the provisions of this
ordinance are declared to be severable.
Section 22. All provisions of prior ordinances of the City in
conflict with any provision of this ordinance are hereby repealed,
but only to the extent of any such conflict.
Section 23. The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption and penalty clause
of this ordinance as provided by law.
25
PASSED, APPROVED and ADOPTED on first reading this
~, ~ day of ~
, A. D., 1993.
Mayor C.V. Coppinger
ATTEST:
City Secre Jones
reading this
PASSED, APPROVED and ADOPTED on second and final
day of , A. D., 993.
ATTEST:
C3lk~ Secre{~ Pat aone~
'A~~TO
City Attorney
FORM:
Lester Rorick
VOTING RECORD, JULY 26, 1993 (FIRST READING)
VOTING "AYE" - COUNCILMEMBERS SMITH, WEBER,
COLSON, FRANK, AND MILLER.
VOTING "NO" - NONE.
MOTION PASSED 5 to O.
VOTING RECORD, AUGUST 9, 1993 (SECOND READIN
VOTING "AYE" - COUNCILMEMBERS MILLER, FRANK,
COLSON, WEBER, AND SMITH.
VOTING "NO" - NONE.
MOTION PASSED 5 TO O.
PUBLICATION DATE: AUGUST 13, 1993
EFFECTIVE DATE: AUGUST 23, 1993
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE
CHARTER OF THE CITY OF PEARLAND, TEXAS.
26
· (29 ~No sign shall be illuminated to any intensity greater than two
hundred (200) lamberts. The restrictions of luminance shall be
determined from any other premise or from any public right-of-way
other than an alley. Lights shall be shielded to prevent the
source of lighting from being directly visible from residential
property.
(3) No portion of any sign shall be erected upon or over public
right of way or public property, except as specifically authorized
by this ordinance. Unauthorized signs located upon or Over public
rights of way or public property may be immediately removed by the
City Building Official.
(4)' Signs and advertising devices which move, flash, rotate,
blink, change color, or are animated are prohibited; provided,
however, this section shall not be deemed to prohibit devices
displaying time, temperature and messages spelled out
electronically.
(5) Signs and advertising devices which produce noises discernible
from more than one hundred fifty (150) feet away are prohibited.
(6) No sign shall be erected in a floodway zone without the
approval of the Building Official.
(7) No on-premise free standing ok pu~L~bl~ sign shall be located
within seventy-five (75) feet of another on-premise free standing
u~ pu~L~bl~ sign on the same side of the street or highway.
(8) All "off-premise signs" ~nd "uff-F~mi~ pu~Ldbl~ ~i~n~" are
expressly prohibited unless specifically authorized by this
ordinance.
(9) Signs which contain statements, words, or pictures of an
obscene, indecent, or immoral character that would offend public
morals or decency are prohibited.
(10) Signs placed on the side or rear of any building or property
when such sign faces upon a contiguous residential area.
(11) Signs which contain or have attached thereto banners, posters,
pennants, ribbons, streamers, strings of light bulbs, spinners, or
other similar devices are prohibited.
17