Ord. 509 03-10-86 ORDINANCE ~O. 509
AN ORDINANCE ESTABLISHING LAND USE REGULATIONS AND DIVIDING THE CITY
OF PEARLAND INTO LAND USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE
PLAN, REGULATING THE USE OF LAND AND .BUILDINGS, DESIGNATING OPEN
SPACES, LOT COVERAGE, OFF-STREET PARKING AND THE DENSITY OF URBAN
DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND.
AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 101la
OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE _~-~
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN
EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
Section 29.6. Enforcement and Penalties.
Any person, firm or corporation violating any of the provisions of
this Ordinance shall be guilty of a misdemeanor, and upon final
conviction thereof shall be fined in a sum not to exceed $1,000.00
for each offense. Each day such violation continues to exist shall
constitute a separate offense. But in case any person, firm or
corporation 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 definition of any violation of the terms of this
Ordinance as a misdemeanor, shall not preclude the City of Pea~land
-from invoking the civil remedies given it by law in such cases, but
same shall be cumlative of an in addition to the penalties prescribed
for such violation.
PASSED and APPROVED on FIRST READING this 24TH
day
of
FEBRUARY A . D . , 198 6 .
CITY OF PEARLAND, TEXAS
By: /s/ TOM REID
MAYOR
ATTEST:
/s/ KAY KROUSE
City Secretary
PASSED and APPROVED on SECOND and FINAL READING this
day of
~,IARCI-I
, A.D., 198 6
10TH
CITY OF PEARLAND, TEXAS
By: /S/ TOM REID
MAYOR
ATTEST:
/s/ KAY KROUSE
City Secretary
Approved as to Form:
VOTING RECORD (FIRST READING) FEBRUARY 24, 1986
Voting "Aye" - Councilmen Lentz, Tetens, Bost,
Frauenberger and Gray.
Voting "No" - None
/s/ LUKE DANIEL
City Attorney
Publication Date:
Effective Date:
MARCH ~4_.z 1986
bi~RCH 24, 1986
'VOTING 'RECORD (SECONp READING) F~RCH 10, 1986
Voting "Aye" - Councilmen Gray, Frauenberger,
Bost, Tetens and Lentz.
Voting "No" - None
PUBLISHED AS REQUIRED BY
SECTION 3.10 OF THE CHARTER
SECTION 1
SECTION 2
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 2.8
SECTION 3
SECTION 4
Section 4.1
Section 4.2
Section 4.3
SECTION 5
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
SECTION 6
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
SECTION 7
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
LAND
TABLE OF CONTENTS
CITY OF PEARLAND
USE AND URBAN DEVELOPMENT ORDINANCE
TITLE, PURPOSE AND INTERPRETATION
OFFICIAL ZONING MAP PROVISIONS
zoning Map
Changes in District Boundaries
Zoning Changes
Procedure for Changes
Location and Authority of
Replacement of the Zoning
Interpretation of Zoning
Land Use Districts
Zoning Maps
Maps
District Boundaries
DEFINITIONS
SD, SURBURBAN DEVELOPMENT DISTRICT
Purpose of District
Permitted Uses (See
General Conditions
Table III)
R-i, SINGLE-FAMILY DWELLING DISTRICT
Purpose of District
Permitted Uses (See Table III)
R-1 Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
R-2, SINGLE-FAMILY DWELLING DISTRICT
Purpose of District
Permitted Uses (See Table III)
R-2 Planned Development Uses
General Conditions
Planned Unit Development Regulations
R-3, SINGLE-FAMILY DWELLING DISTRICT
Purpose of District
Permitted Uses (See Table III)
R-3 Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
PAG
2
2
3
3
3
3
3
4
4
17
17
70
18
18
18
70
18
19
20
20
20
70
20
20
21
21
21
70
22
22
23
SECTION 8
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
SECTION 9
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
SECTION 10
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
SECTION 11
Section 11.1
Section 11.2
Section 11.3
Section 11.4
Section 11.5
SECTION 12
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
SECTION 13
Section 13.1
Section 13.2
Section 13.3
Section 13.4
Section 13.5
R-4, SINGLE-FAMILY DWELLING DISTRICT
Purpose of District
Permitted Uses
R-4 planned unit Development uses
General Conditions
Planned Unit Development Regulations
MF, MULTI-FAMILY DWELLING DISTRICT
Purpose of District
Permitted Uses (See Table III)
MF Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
MH, MOBILE HOME PARK DISTRICT
Purpose of District
Permitted uses (See Table III)
General Conditions
Special Requirements
Planned unit Development Regulations
OP, OFFICE AND PROFESSIONAL DISTRICT
Purpose of District
Permitted Uses (See Table III)
Planned unit Development uses
General Conditions
Planned unit Deuelopment Regulations
~S, NEIGHBORHOOD SERVICE DISTRICT
Purpose of District
Permitted Uses (See Table III)
NS Planned Unit Development
General Conditions
Planned unit Development Regulations
GB, GENERAL BUSINESS (RETAIL)
Purpose of District
Permitted Uses (See Table III)
planned Unit Development Uses
General Conditions
Planned unit Development Regulations
PAGE
23
24
24
24
24
25
25
25
70
25
26
27
27
27
70
27
29
3O
30
30
70
3O
30
31
31
31
70
32
32
33
33
33
70
33
33
35
PAGE
SECTION
C, COMMERCIAL DISTRICT
35
Section
Section
Section
Section
Section
14.1
14.2
14.3
14 .4
14.5
Purpose of District
Permitted Uses (See Table III)
C Planned Unit Development Uses
General Conditions
Planned Unit Development Regulations
35
70
35
35
36
SECTION 15
M-i, LIGHT INDUSTRIAL DISTRICT
37
Section
Section
Section
Section
Section
Section
Section
15
15
15
15
15
15
15
Purpose of District
Permitted Uses (See Table III)
Planned Unit Development Uses
General Conditions
Special Conditions
Performance Standards
Planned Unit Development Regulations
37
70
37
37
37
38
38
SECTION 16
M-2, HEAVY INDUSTRIAL DISTRICT
38
Section
Section
Section
Section
Section
16.1
16.2
16.3
16.4
16.5
Purpose of District
Planned Unit Development
General Conditions
Special Conditions
Performance Standards
Uses
39
39
4O
40
40
SECTION 17
PUD, PLANNED UNIT DEVELOPMENT
4O
Section
Section
Section
Section
17.1
17 .2
17.3
17.4
Purpose of District
Coordination with Subdivision Ordinance
General Regulations
Outline of Procedures
4O
40
4O
41
SECTION 18
FW, FLOODWAY DISTRICT
44
Section
Section
Section
Section
SECTION 19
Section
Section
Section
Section
Section
Section
Sectien
18.1
18.2
18.3
18.4
19 1
19 2
19 3
19 4
19 5
19 6
19.7
Purpose of District
Permitted Uses
General Conditions
Development Regulations
MINIMUM PARKING AND LOADING REQUIREMENTS
Purpose
Off-Street Parking Spaces Required
Parking for Existing Uses
General Requirements
Development Standards
Off-Street Loading Requirements
Minimum Parking Area and Spaces
44
44
45 ~
4 6 i
!~
47
47
49
51
51
SECTION 20
Section 20.1
Section 20.2
Section 20.3
Section 20.4
Section 20.5
SECTION 21
Section 21.1
Section 21.2
SECTION 22
SECTION 23
Section 23.1
Section 23.2
Section 23.3
Section 23.4
SECTION 24
Section 24.1
Section 24.2
Section 24.3
Section 24.4
Section 24.5
Section 24.6
SECTION 25
SECTION 26
Section 26.1
Section 26 2
Section 26 3
Section 26 4
Section 26 5
Section 26 6
Section 26 7
Section 26.8
Section 26.9
LANDSCAPE REGULATIONS
Applicability to Districts
Landscape Plan
Minimum Landscape Requirements
Maintenance
Landscape Construction
FENCE REGULATIONS
Permits
Use Regulations
SIGN REQUIREMENTS (RESERVED)
SPECIFIC USE PERMIT REGULATIONS
Purpose
Development Standards Required
Temporary Development Signs
Temporary Construct'ion Buildings
APPLICATION OF DISTRICT REGULATIONS
Uniformity
Conformity with Regulations Required
Grades, Open Spaces, Off-Street Parking
Loading Spaces
Newly Annexed Territory
Completion of Buildings
Occupancy of Dwelling Units
HOME OCCUPATION
NONCONFORMING USES
Definition
Continuance of Nonconforming Use
Accidental Damage to Building
Substandard Structure
Determination of Replacement Cost
Repairs and Alterations
Registration of Nonconforming Use
Changing a Nonconforming Use
Abandonment
or
PAGE
51
51
51
52
53
53
53
53
53
54
54
54
54
55
55
55
55
55
56
56
56
56
57
57
57
58
58
58
58
58
59
59
59
SECTION 27
Section
Section
Section
Section
SECTION 28
Section
Section
Section
Section
Section
Section
SECTION 29
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
TABLE I
TABLE II
APPENDIX
TABLE III
TABLE IV
TABLE V
TABLE VI
27.1
27 .2
27 .3
27 .4
28 1
28 2
28 3
28 4
28 5
28 6
29 1
29 2
29 3
29 4
29 5
29 6
29 7
29 8
29 9
29 10
29 11
BOARD OF ADJUSTMENT
Establishment
Powers
Hearing
Vote Required
AMENDMENTS
Authority
Submission to Planning and zoning Commission
Public Hearing - Planning and zoning Commission
Public Hearing - City Council
Vote Required in the Event of Protest
Appeals from Decisions of the Planning and
zoning Commission
ADMINISTRATION, ENFORCEMENT AND FEES
Administrative Official
Duties of the Enforcing Officer
Buildinq Permits
Certificate of Occupancy
Violations
Enforcement and Penalties
Fees
Enactment
Severability Clause
Effective Date
Incorporation into Code of Ordinances
YARD MEASUREMENTS
LOT MEASUREMENTS
SYMBOLS APPLICABLE
TABLES
TO THE SCHEDULE OF USE
SCHEDULE OF USES
PASSENGER AND MERCHANDISE LOADING SPACES
MINIMUM PARKING AREA REQUIREMENTS FOR TYPICAL
PARKING ANGLES
SCHEDUI, E OF OFF-STREET PARKING STANDARDS
PAGE
59
59
60
6O
61
61
61
61
61
61
62
62
62
62
63
64
64
65
65
65
65
65
65
67
68
69
70
84
86
87
ORDINANCE NO. 509
AN ORDINANCE ESTABLISHING LAND USE REGULATIONS AND DIVIDING THE CITY
OF PEARLAND INTO LAND USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE
PLAN, REGULATING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN
SPACES, LOT COVERAGE, OFF-STREET PARKING AND THE DENSITY OF URBAN
DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 101la
OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN
EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS Article 101la, of the Revised Civil Statutes of Texas,
empowers the City to enact a land use ordinance and to provide for its
administration, enforcement, and amendment; and
WHEREAS, the City Council deems it necessary, for the purpose of
promoting the health, safety, morals, and general welfare of the
community to enact such an ordinance; and
WHEREAS, the City Council, pursuant to the provisions of Article
1011f of the Revised Civil Statutes of Texas, has heretofore appointed
a Planning and zoning Commission to recommend the boundaries of the
various original districts and appropriate regulations to be enforced
therein; and
WHEREAS, the Planning and zoning Commission has divided the City
into land use districts and has prepared regulations in accordance
with a comprehensive plan, specifically designed to lessen congestion
in the streets, to secure safety from fire, panic and other dangers;
to promote health and the general welfare; to provide adequate light
and air; to prevent the overcrowding of land, to avoid undue
concentration of population; to facilitate the adequate provisions of
transportation, water, sewerage, schools, parks and other public
requirements; and
WHEREAS, the Planning and zoning Commission has in all respects
given reasonable consideration to the character of the land use
districts and their peculiar suitability for particular uses, and with
a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission has made a
preliminary report, and after due notice, has held publi.c hearings
thereon; and
WHEREAS, the Planning and zoning Commission has submitted its
final report to the City Council; and the said City Council has given
due notice of a public hearing relating to the land use districts,
regulations and restrictions, and has held such public hearing; and
WHEREAS, all requirements of Article 3011f of the Revised civil
Statutes of-Texas, with regard to the preparation of reports, public
hearings, and notice, have been met by the Planning and zoning
Commission and the City Council;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
SECTION 1 - TITLE, PURPOSE AND iNTERPRETATION
The title of this ordinance shall be known and may be cited as, "The
e of which is to
zoning ordinance of the City of Pearland" the purpos
zone the entire area of the City of Pearland and the districts in
accordance with a comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the general public.
The regulations and districts herein established have been designed
among other things, to lessen congestion in the streets; to provide
safety from fire, panic, and other dangers; to avoid undue
concentration of populations; and to provide and facilitate adequate
provisions for transportation, water, sewerage, schools, parks and
other public requirements, said districts have been established with
reasonable consideration of the character of the district and its
peculiar suitability for the particular uses, and with the view of
conserving the value of buildings and environment by encouraging the
most appropriate use of land through the community. The provision of
this ordinance shall be considered minimum requirements. Where this
ordinance imposes a greater restriction upon land, buildings, or
structures than is imposed or required by other ordinances, covenants
or agreements, the provisions of these regulations, shall govern.
where other ordinances impose greater restrictions than are imposed
herein, the provisions of such other ordinances shall govern.
SECTION 2 - OFFICIAL ZONING MAP PROVISIONS
Section 2.1. zoning Map.
The City is hereby divided into the zones, or districts, as shown on
the zoning Maps described herein which, together with all explanatory
matter thereon, are hereby adopted by reference and declared to be
part of this ordinance. Two original and identical copies of the
zoning district map shall be identified by the signature of the Mayor,
attested by the City Secretary and bearing the Seal of the city of
Pearland under the following words:
"This is to certify that this is the Original
zoning Map/Official Zoning Map referred to in
Section 2 of ordinance No. 509 of the City
of pearland, Texas."
1) One copy, hereafter called the original official zoning Map,
shall be filed with the City and retained as the original record
2)
and shall not be changed in any manner.
Two copies, hereafter called the Official zoning Maps, shall be
filed with the Enforcing Officer and City Secretary and shall be
maintained up-to-date by the Director of Public Works by posting
thereon all changes and subsequent amendments for observation and
issuing building permits and enforcing the zoning Ordinance.
Section 2.2. Changes in District Boundaries.
If, in accordance with the provisions of this ordinance and Articles
1011d and 1011e, V.A.C.S. of Texas, changes are made in the district
boundaries or other matter portrayed on the Official Zoning Maps, such
changes shall be entered on the Official zoning Maps, promptly after
the amendment has been approved by the City Council.
Section 2.3. Zoning Changes.
Approved zoning changes shall be entered on the Official Zoning Maps
by the Director of Public Works and each change shall be identified on
the ~aps with the date and number of the ordinance making the change.
No amendment to this ordinance which involves matter portrayed on the
Official zoning Maps shall become effective until after such ordinance
has been finally approved by the City Council.
Section 2.4. Procedure for Changes.
No change of any nature shall be made on the Official Zoning Maps or
matter sho%~n thereon except in conformity with the procedures set
forth in this ordinance. Any unauthorized change of whatever kind by
any person or persons shall be considered a violation of this
ordinance and punishable hereunder.
Section 2.5. Location and Authority of Zoning Maps.
Regardless of the existence of purported copies of the Official zoning
Maps which may from time to time be made public or published, the
Official Zoning blaps shall be the final authority as to the current
zoning status of land and water areas, buildings and other structures
in the City. The Official Zoning Maps shall be available to the
public at all hours when the City Hall is open to'the public.
Section 2.6. Replacement of the Zoning Maps.
a o
In the event that the Official Zoning Maps become damaged,
destroyed, lost or difficult to interpret because of the nature
and/or number of changes and additions, the City Council may, by
resolution, adopt a new Official Zoning Map, which shall
supersede the prior Official zoning Maps. The new Official
Zoning [dap may correct drafting or other errors or omissions in
b o
c o
the prior official zoning Maps, but no such correction shall have
the effect of amending the original official zoning Map or any
subsequent amendment thereof. The new official zoning Map shall
be identified by the signature of the Mayor, attested by the City
Secretary, and bearing the Seal of the City and date under the
following words:
"This is to certify that this Official zoning Map supersedes and
replaces the official zoning Map adopted (date of adoption of map
being replaced) as part of the Zoning ordinance Appendix B to the
Code of Ordinances of the City of Pearland, Texas."
unless the prior official zoning Map has been lost or has been
totally destroyed, the prior map or any significant parts thereof
remaining, shall be preserved, together with all available
records pertaining to its adoption or amendment.
Section 2.7. interpretation of Zoning District Boundaries.
In determining ~he location of zoning district boundaries on the map
accompanying and made a part of these regulations, the following rules
shall apply:
a. where boundaries are shown to follow streets or alleys, the
centerline of such streets or alleys, as they exist at the time
of adoption of these regulations shall be the zoning boundary; or
b. Where boundaries are shown to enter on cross platted blocks,
property lines of lots, as they exist at the time of adoption of
these regulations, shall be the zoning boundary; or
c. In case of a district boundary line dividing a property into two
parts, the district boundary line shall be construed to be the
property line nearest the least restricted district. Where
boundaries are shown on unsubdivided property, the location shall
be determined by use of the scale shown on the map unless
dimensions are given on the map.
Section 2.8. Land Use Districts.
For the purpose of this ordinance, the City of Pearland is hereby
divided into fifteen (15) land use development districts as follows:
District
~ymbol
SD
R-1
R-2
R-3
R-4
MF
MH
District
Suburban Development District
Low Density Single Family Dwelling District
Medium Density Single Family Dwelling District
High Density Single Family Dwelling District
Maximum Density Single Family Dwelling District
Multi-Family Dwelling District
Mobile Home Park District
District
~ymbol
OP
NS
GB
C
PUD
M-1
~y!-2
FW
District
office and Professional District
Neighborhood Service District
General Business District
Commercial District
Planned Unit Development District
Light Industrial District
Heavy Industrial District
Flood Way District
SECTION 3 - DEFINITIONS
For the purpose of this ordinance, certain words as used herein are
defined as follows. Definitions not expressly prescribed herein are
to be construed in accordance with customary usage in municipal plan-
ning and engineering practices.
Abutting: Having property or district lines in common, or two objects
in immediate contact.
Access: Means of approaching or entering a property.
right of passage to and from an adjacent street.
Includes a
Accessory Use: An "accessory use or structure" is one customarily a
part thereof, which is clearly incidental and secondary to permitted
use and which does not change the character thereof, including, but
not limited to garages, living quarters for servants, bathhouses,
greenhouses, tool sheds, or swimming pools. All accessory uses shall
be limited to a maximum of 30% of the primary use.
Agricultural Animal Husbandry:
production of farm animals.
The breeding, judging, care and/or
Airport: An area reserved or improved for the landing or take-off of
aircraft other than rotary wing aircraft.
Alley: A public way which is used primarily for vehicular services
access to the back or side of properties otherwise abutting on a
street or highway.
Antique Shop: A business which sells items whose value is greater
than original purchase price because of age or extrinsic value.
Apartment: See Dwelling - Multi-Family.
Apartment Hotel: See Hotel.
Art Studio or Gallery: Where objects of art are created or displayed
for the public enrichment or where said objects of art are displayed
for sale (including the teaching of both painting and sculpting).
Block: A rectangular space bordered or enclosed by a street or
streets and' occupied by or intended for buildings a minimum length of
any side of 300 feet.
Board of Adjustment: The zoning Board of Adjustment of the City of
Pearland.
Boarding House: A building, built and/or used for residential
purposes, where meals are served for compensation.
Building: A "building" is any structure built for the support,
shelter, or enclosure of persons, chattels or movable property of any
kind and which is affixed to the land, the word "building" shall
include the word "structure". This does not include fence unless they
are structurally a part of the building.
Building Area: Area of the building site left to be built upon after
the required yard area has been provided.
Building code: All regulations adopted under Chapter 7 of the
Pearland Code of ordinances.
Building Height: The vertical distance measured from grade at the
front of the building to the highest point of a flat roof, to the deck
line of a mansard roof, or to the mean height level between eaves and
ridge for a gable, hip, or gambrel roof.
Building Inspector: See Enforcing Officer.
Building Line: See setback line.
Building official: That individual designated by the City Manager to
insure compliance with the Building Code of the City of Pearland,
Texas.
Building Permit: An instrument in writing signed by the Enforcing
officer authorizing described construction on a particular lot.
Cafe, Restaurant, or Cafeteria: A commercial eating establishment
where snacks or meals are vended for consumption primarily on the
premises. This definition is intended to exclude establishments with
delivery offered to automobiles away from the main building. This
definition does not prohibit "take out" windo%~s.
Certificate of Occupancy: A written instrument executed by the
Building official authorizing a described use of a lot, as set forth
in the Building Code.
Child care/Day Care: A facility that provides care, training,
education, custody, treatment, or supervision for a child who is not
related by blood, marriage, or adoption to the o%.tner or operator of
the facility, for all or part of the 24-hour day, whether or not the
facility is operated for profit or charges for the services it offers.
Church: A building used for religious public worship.
City: The City of pearland.
City Engineer: The Pear land City Engineer or his authorized
representative.
City Manager: That person holding the office of City Manager under
the terms of the ?earland Charter, or an authorized representative.
City Secretary: That person holding the office of City Secretary
under the terms of the Pear land Charter, or an authorized
representative.
clinic: An institution, public or private, or a station for the
examination and treatment of out-patients by an individual or group of
doctors, dentists, or other licensed members of a human health care
profession.
Commercial Amusement: An amusement enterprise offering entertainment
or games of skill to the general public for a fee or charge or wherein
any portion of the activity takes place in the open including, but not
limited to a golf driving range, archery range, miniature golf course,
bowling alley, game room, billiard parlor.
Commercial Vehicle/Truck: Every vehicle designed, maintained or used
primarily for the transportation of property with a weight in excess
of fifteen hundred (1,500) pounds.
Common Property: A parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of %~hich are shared by the
owners and occupants of the individual building sites in a Planned
unit.
An approved fire rated wall seParating two dwelling
Corner Lot:
intersections.
Country Club: An area of twenty (20) acres or more containing a golf
course and/or a clubhouse and available to a private specific
membership, which club may also contain adjunct facilities such as a
dining room, swimming pool, tennis courts or other recreational or
service facilities.
Cul-de-sac: A local street having but one inlet/outlet to another
7
A lot abutting upon t~,;o (2) or more streets at their
Common Wall:
units.
Condominium: Two or more dwelling units on a lot with individual
ownership of a unit rather than of a specific parcel of real property,
together with common elements. See Article 130la, Tex. Rev. Civ.
Stat.
Convent: A place of d%;elling and/or study for persons under religious
vo%~s.
street and terminated on the opposite end by a vehicular turnaround.
Dancehall/Nightclub: An establishment offering to the general public
facilities for dancing and/or entertainment.
Day Care: See Child Care.
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;
except a public school, or private school having a similar curriculum
and at least four grades, including kindergarten.
Density: The measure of the degree to which land is filled with
residential dwelling units designed to accommodate a family group.
Measurements allow inclusion of internal streets and public ways
required to be dedicated in calculating density per acre. Streets
dedicated and accepted prior to platting of the property shall not be
counted. All density calculations should be made using gross acreage.
Department Store: A store selling a wide variety of goods, which are
arranged into departments.
Director of Public Works. As defined by City Charter authorizing same
position.
District: A zoning district under this ordinance.
Dormitory: Any structure specifically designed to house student
tenants associated with a university, college or school, public or
private .
Drag strip: An establishment where a pre-established race course of
at least 1/4 mile in length is located.
Drive-In/Refreshment Stand: Any place or premises used for sale,
dispensing or serving of food and/or beverages to consumers in
automobiles or on foot, or at an outdoor patio or table where indoor
tables are not provided.
Duplex: A residential building containing t%~o attached dwelling units
designed for occupancy by not more than two families.
Dumpster: A large, metal refuse receptacle specifically designed to
be emptied by heavy machinery and otherwise stationary.
Dwelling/Dwelling Unit: A "dwelling or dwelling-unit" is any building
or portion thereof which is designed or used exclusively for
residential purposes.
Dwelling, Single-Family: A residential building, other than a mobile
home, designed for occupancy by one family or individual.
Dwelling, Single-Family Detached: A single family dwelling unit.
Dwelling, Multi-Family: A residential building designed for occupancy
by three or more families, with the number of families not to exceed
the number of dwelling units.
Efficiency Apartment: An apartment without a bedroom separate from
other living quarters.
Emergency Vehicle: Any vehicle meeting the requirements for emergency
vehicles under State Law or City Ordinance.
Enforcing officer: The designated Enforcing officer of the City of
Pearland or his designated representative.
Family: A "family" is an individual or any number of persons related
by blood or marriage or not more than four (4) unrelated persons
living as a single housekeeping unit.
Fast Food Service: An establishment which prepares and sells food on
the premises primarily for consumption elsewhere. This definition
does not include drive-in restaurants as herein defined.
Fence: Any structure or hedge greater than thirty (30) inches in
height and of any material, the purpose of which is to provide
protection from intrusion (both physical and visual), to prevent
escape, mark a boundary, or provide decoration. All walls except for
dikes and retaining walls for the purpose of diverting water and
retaining soil would be classified as a fence.
Flood Way: The portion of a water course that is subject to periodic
flooding.
Floor Area: The sum total area of all floors as calculated from
measurements to outside walls.
Front Yard: A yard between an adjacent street and the entrance side
of a principal structure on a lot.
Garage, Repair: An establishment where motor vehicles receive
maintenance, repair or where auto body repair takes place. Such shall
not include salvaging.
Gasoline Service Station: An establishment where ~asoline is sold and
dispensed into motor vehicle tanks.
Grade (Adjacent Ground Elevation): The lowest point of elevation of
the finished surface of the ground between the exterior wall of a
building and a point five (5) feet distant from said wall, or the
lowest point of elevation of the finished surface of the ground
between the exterior wall of a building and the property line if it is
less than five feet distant from said wall. In case walls are
parallel to and within five feet of a public sidewalk, alley or public
way, the grade shall be the elevation of the sidewalk, alley or public
way .
9
Gross Leasable Area: The total floor area of a building which is
designed for tenant occupancy and use, including basements and
mezzanines,_ and measured to centerlines of joint partitions and to
outside of exterior walls, excluding mechanical equipment, storage,
restrooms, stairwells, elevator shafts and other common areas.
Hardware Store: A store in which the primary items offered for sale
are ware such as fittings, tools, machinery, utensils and other
similar objects.
Heavy Machinery Sales: The sale, trade and/or transfer of any motor
propelled machinery used for excavation and/or construction purposes.
Height of Building: The vertical distance from the "Grade" to the
highest point of the coping of a flat roof or to the deck line of a
mansard roof or to the average height of the highest gable of a pitch
or hip roof.
Heliport/Helipad: A landing facility for rotary wing aircraft subject
to regular use and which may include fueling or servicing facilities
for such craft.
Hobby Shop: See Speciality Shop.
Home Owners Association/Property Owners Association: An incorporated,
nonprofit organization operating under recorded land agreements
through which (a) each lot and/or home owner in a planned unit or
other described land area is automatically a member, (b) each lot is
automatically subject to charge for a proportionate share of the
expenses for the organization's activities, such as maintaining a
common property, and (c) the charge, if unpaid, becomes a lien against
the property.
Hospital, sanitarium, Nursing or Convalescent Homes: A building or
portion thereof, used or designed for the housing or treatment of
sick, aged, mentally ill, injured, convalescent or infirm persons,
provided that this definition shall not include rooms in any
residential dwelling, hotel, or apartment hotel not ordinarily
intended to be occupied by said persons.
Hotel: Any building conta-ining six or more guest rooms intended or
designed to be used, or which are used, rented or hired out to be
occupied, or which are occupied for sleeping purposes by guests, and
which are not directly accessed from an outside parking space.
Integral Residential Development: The combining of various types of
residential development to achieve the highest and best use of the
property.
Kennel: Any building, lot or premises on or in which dogs or cats (at
least eight weeks of age) are kept, or any building, lot, or premises
where dogs or cats are housed or accepted for boarding, for which
remuneration is received. This term does not include a veterinary
clinic .
10
Kindergarten: Any school, private or parochial, operated for profit
or not, attended by four (4) or more children at any one time during
part of a twenty four (24) hour 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, see child-care facility.
Laboratory: An establishment equipped for experimental study in a
science or for testing and analysis.
Landscaped: Adorned or improved by contouring land and placing
thereon live flowers, shrubs, trees, grass or other vegetation.
Light Industrial (M-i): Major appliance and machinery sales and
service, printing plants, engraving shops, plumbing shops, sheet metal
fabricating, laundries, electrical contractors, mechanical contractors
(includes heating, air conditioning) and carpet cleaners (on premise
cleaning).
Light Manufacturing Process: Light manufacturing process which does
not emit detectable dust, odor, smoke, gas or fumes beyond the
bounding property lines of the lot or tract upon which the use is
located and which does not generate noise or vibration at the boundary
of the district which is generally perceptible in frequency or
pressure above the ambient level of noise in the adjacent areas.
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."
Lot Coverage:
structure.
That portion of the lot covered by a building
Lot Measurement:
Area of the lot shall be the net area of the lot, expressed in
square feet or acreage and shall not include portions of any
public street or alley.
Depth of a lot shall be considered to be the distance between the
midpoints of straight lines connecting the foremost points of
the side lot lines in front and the rearmost points of the side
lot lines in the rear (the mean horizontal distance between the
front and rear lot line).
Width of a lot shall be considered to be the distance between
straight lines connecting front and rear lot lines at each side
of the lot, measured across the rear of the required front yard;
provided, however, that width between side lot lines at their
foremost points (where they intersect with the street line) shall
not be less than eighty (80) percent of the required lot width
except in the case of lots on the turning circle of cul-de-sacs,
where the eighty (80) percent requirement shall not apply.
~anufacturing, Processing and Fabrication: Activities or facilities
ll
including, but not limited to beverage plant, fabrication, metal
finishing, foundry, ice plant, machine shop, planing mill, printing
plant, publishing and bindery plant, masonry products manufacturing,
refinery for nonagricultural products, food products, processing and
packaging plant, precision instruments manufacturing, and research
laboratory.
Marquee: A roof-like structure projecting over the entrance to a
building. It may also project over a sidewalk adjacent and parallel
to the front wall of a building.
Mini Warehouse: Enclosed space rented to members of the general
public for storage of motor vehicles, trailers, boats, bulky household
goods, and sundry personal property.
Mobile Home: A movable or portable dwelling constructed to be towed
by a motor vehicle on its own chassis over roads and highways,
connected to utilities and designed without a permanent foundation,
without regard to whether such is placed on a permanent foundation or
not. It may consist of one or more units placed on a permanent
foundation or not. 'It may consist of one or more units that can be
telescoped and expanded later for additional capacity, or of two or
more units separately towable but designed to be joined into one
integral unit. See Article 5221f, Tex. Rev. Civ. Stat.
Mobile Home Space: A division of a "MH" mobile home zoned lot for use
by a single mobile home.
Monastery: See Convent.
Motel: Any building containing six or more guest rooms intended or
designed to be used, or which are used, rented or hired out to be
occupied, or which are occupied for sleeping purposes by guests, and
which are accessed by and adjacent to an outside parking space.
Multiple Building Complex:
building lot.
More than one (1) principal structure on a
Nonconforming Use: Any building, structure or land lawfully occupied
by a use or lawfully situated at the time of the passage of this
ordinance or amendments thereto, which does not conform, after the
passage of this ordinance or amendments thereto, with the regulations
of this ordinance.
Occupancy: Any utilization of property.
Open Space: Area, excluding parking, street, alley, service walk or
other service areas, but including any side, rear, or front yard or
any unoccupied space on a lot that is unobstructed to the sky, except
for the ordinary projections of cornices, eaves, lattice work or
trellises.
Orchard: An area of two (2) acres or more which is used for the
growing of farm products, vegetables, fruits, trees and/or grain and
including incidental and/or necessary accessory uses for raising,
12
treating and storing products raised on the premises, but not
including the commercial feeding of offal and garbage to swine or
other animals and not including any type of agricultural animal
husbandry as specifically defined.
Parking Area: An off-street area for the temporary storage of motor
vehicles, whether free, for compensation or as an accommodation for
clients or customers.
Parking Lot (Commercial-Auto): Area, enclosed or unenclosed,
sufficient in size to store automobiles, pickups and/or trucks and
permitting ingress and egress of vehicles to a street or alley.
Parking Lot (Truck Storage):
parked or stored.
A place where one or more trucks are
Parkway Area: That portion of the public right-of-way laying
primarily between the edge of the pavement or curb and the private
property line.
Patio Home: A single family detached dwelling unit placed on the lot
so that it sits along the side lot line, so as to provide maximum
usable open space for the private use of occupants of each residential
unit.
Pawn Shop: An establishment where articles are traded in exchange for
money plus a right to redeem such articles within a given amount of
time upon repayment of such money with interest.
Permitted Use: A use specifically allowed in one (1) or more of the
various districts without the necessity of obtaining a use permit.
This term does not include conditional uses.
Person: A natural person, his heirs, executors, administrators, or
assigns and also includes a firm, partnership, or corporation, its or
their successors or assigns, or the agent of any of the aforesaid.
Person in Charge: Any person who has real or apparent care, custody,
and control of real property or buildings located thereon.
Personal Service Shop: An establishment for the purpose of supplying
limited personal services, including but not limited to: cleaning and
laundry collection station, interior decorating, watch and jewelry
repair, art gallery, library, museum, studio for professional artwork,
photography, dance or fine arts, including teaching of applied and
fine arts; this definition does not include massage parlors, barber
shops, beauty shops, or hairdressers.
Planned unit Development (PUD) : A land development project
comprehensively planned as an entity via a unitary site plan which
permits flexibility in building siting, mixtures of housing types and
land uses, usable open spaces and the preservation of significant
natural features.
Planning Commission: The Planning and Zoning Commission of the City
13
of Pearland, Texas.
Plot. See Lot.
Print Shop: Establishment utilizing off-set, letter press,
duplicating ~quipment, but no rotary presses or linotype equipment.
Private Club: An establishment where food and/or drink is offered for
sale or consumption to a private specific membership.
Professional office: An office occupied by a doctor, lawyer, dentist,
engineer, or any other vocation involving predominately mental or
intellectual skills r~equiring post-secondary education. Specifically
excludes any activity involving sales of personalty. Does not include
veterinary clinics.
Quadruplex: Four single-family dwelling units joined by common
sidewalls.
Rear Yard: An interior yard extending along the full length of the
rear lot line and defined by a line along and parallel to the rear lot
line.
Recreation Center: An indoor business establishment used for
recreation and social activities.
Recreation Space/Facilities: Any open or enclosed area which is
available to inhabitants of an occupancy for passive and/or active
recreational pursuits. This term includes, but is not limited to,
swimming pools, recreation rooms, ball courts, grass areas,
playgrounds and any other area both open to all inhabitants of the
occupancy and not required for another purpose, such as walkways,
parking areas, and landscaping.
Refuse Container: Any container, including dumpster, used as
temporary storage of routinely collected waste.
Refuse Dump: A place reserved or used for the dumping or accumulation
of refuse or discarded matter.
Registered Family Home: A facility that regularly provides care in
the caretaker's own residence for not more than six children under 14
years of age, excluding the caretaker's own children, and that
provides care after school hours for not more than six additional
elementary school siblings of the other children given care, but the
total number of children, including the caretaker's own, does not
exceed 12 at any given time.
Rooming and Lodging House: A group of rooms for lodging provided for
compensation either in a converted single family home or in a
structure specifically designed for such purpose and where no cooking
facilities are provided in individual living units.
Salvaging: Auto wrecking yard, junk yard, salvage products processing
and sales, used auto parts.
14
Seat: One (1) sitting space equal to eighteen (18) inches of bench or
pew width if other than an individual chair.
Security Dwelling: An accessory dwelling incidental and subordinate
to the primary use. The function of a security dwelling would be the
protection and security of the primary use served.
Service Establishment: Establishments including but not limited to:
barber and beauty shops, hairdressers, shoe repair, tailor shops and
health studios.
Setback Line: A line which marks the setback distance from the
property line, and establishes the minimum required front, side or
rear yard space of a building plot.
Shall: As used in this Code, is mandatory and not directory.
Shopping Center: A composite arrangement of shops and stores which
provide a variety of goods and services to the general public, when
developed as an integral unit. The term shopping center also includes
shopping malls.
Side Yard: An interior yard extending along and parallel to the side
lot line separating two (2) tracts of land.
Sign (Bil lboard) : A sign which is subject to regulation under the
provisions of the Federal Highway Beautification Act. 23 U.S.C.A.
Section 131 et seq., as amended.
Sign Pole Type (On-Premise) : A sign, on the premises owned or
controlled by an establishment, which sign is supported by a single
vertical su?port anchored or set into the ground.
Sign, Real Estate: A sign whose purpose is to advertise for sale a
parcel of real property or an estate in land, including rentals.
Site Plan: A scaled drawing showing the use of the land, to include
locations of buildings, drives, sidewalks, parking areas, drainage
facilities and other structures to be constructed in relation to
surveyed boundaries.
Specialty Shop: An establishment for the purpose of supplying limited
specialty items including but not limited to: antiques, art objects
and supplies, ceramic supplies, books, camera, and photo supplies,
candy, florist, gifts, greeting cards, framing, stamps and coins,
stationery, and tobacco.
Storage and Warehouses: Commercial storage, crating service,
petroleum products storage, truck terminal, warehouse.
Street: The entire width between property lines when any .part thereof
is open to the use of the public, as a matter of right, for the
purpose of vehicular traffic. This definition shall include public as
~ell as private streets.
15
~Structure: Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground. See Building.
Structure, Principal: The principal structure which fulfills the
purpose for'which the building plot is intended.
Substantial Improvement: Any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure either (a) before the improvement is
started, or (b) if the structure has been damaged and is being
restored, before th.e damage occurred. Substantial improvement is
started when the first alteration of any structural part of the
building commences.
Supermarket: A retail market primarily selling foods and household
merchandise, and which may also offer other items and/or services in
limited quantities.
Tennis or Swim Club: A recreational area containing a swimming pool
or tennis courts or both with related facilities and/or, clubhouse, all
of which facilities are available to a private specific membership.
Theatre: An establishment charging admission to the general public
for the privilege of observing a live, televised, or motion picture
performance.
Townhouse: One (1) of a group of no less than three (3) nor more than
twelve (12) attached dwelling units, separated by a fire rated wall,
each dwelling unit located on a separate lot. No single group shall
exceed two hundred and forty (240) feet in length.
Truck: See Commercial Vehicle.
Variance: A legal modification of the district provisions such as
yard, lot width and yard depth, signs, setback, off-street parking and
loading regulations, height, access and screening granted due to the
peculiar conditions existing within a single piece of property.
variety Store: A store selling a large variety of non-food items of
low unit value.
Veterinary clinic: A place where a veterinarian maintains treatment
facilities for diseased or injured animals, including boarding
facilities.
visibility Triangle: A triangle sight area, at all intersections,
which shall include that portion of public right-of-way and any corner
lot within the adjacent curb lines and a diagonal line intersecting
such curb lines at points thirty-five (35) feet back from their
intersection (such curb lines being extended if necessary to determine
the intersection point), visibility triangle shall also mean a
triangle sight area, on each side of a driveway where private
driveways open into public streets, which shall include that portion
of public right-of-way and any lot within a right triangle with the
16
~ight angle at the point where the curb break begins and the sides
forming the right angle being fifteen (15) feet 'long, one of which
extends back along the adjacent curb and the other back toward the
private property or parkway.
Wholesale Distributor: Alcoholic beverage distributor; wholesale
equipment and furniture; wholesale groceries, meats, fish and poultry;
wholesale produce; wholesale supply house; wholesale laundry and dry
cleaning plant.
Wrecking Yard/Salvage Yard: A yard or building where motor vehicles,
parts of motor vehicles, or machinery are stored, dismantled and/or
offered for sale in the open as whole units, as salvaged parts or as
scrap or processed metal.
Yard: Yards as required in this ordinance are open spaces on the lot
or building plot on which a building is situated and which are open
and unobstructed to the sky by any structure except as herein
provided. In measuring a yard for compliance with this ordinance, the
minimum horizontal distance between the lot line (street R.O.W. line)
and the main building shall be used.
SECTION 4 - SD, SUBURBAN DEVELOPMENT DISTRICT
Section 4.1. Purpose of District.
It is the purpose of the Suburban Development District to classify
undeveloped property until such time as a permanent land use
classification can be established. The SD classification may be used
in conjunction with a co-classification to better reflect the
guidelines established in the approved Comprehensive Plan in effect at
the time of zoning. Where designated, these co-classifications would
re~lect the type zoning proposed by the Comprehensive Plan and would
De limited to Residential Compatible, Business Compatible and
Industrial Compatible. These proposed designations would establish a
trend that could be carried through the ultimate development of the
area and permit a final zoning classification.
Zoning categories identified in the co-classification would be used as
a guide for determining land use changes for permanent zoning.
(a) SD-R
Residential Compatible - R-i, R-2, R-3, R-4, MF, OP, NS and
GB. This mixture would establish a low density residential
character for the area;
(b) SD-B
Business Compatible - t.lF, OP, NS, GB and C. This mixture
would establish a retail or business character for the
area;
(c)
SD-I
-Industrial Compatible - GB, C, M-l, and M-2.
This mixture
17
would establish an industrial character for the area.
Section 4.2. Permitted Uses. See Table III.
Section 4.3.
a.
b o
c o
General Conditions.
No person shall erect, construct or add to any building or
structure or cause the same to be done on SD zoned property
without first applying for and obtaining a building permit or
certificate of occupancy therefor from the Building Inspector or
the City Council as may be required herein.
No permit for the construction of a building or use of land shall
be issued by the Building Inspector other than a permit which
will allow the construction of a building permitted in the SD,
Suburban Development District, unless and until such territory
has been classified in a district other than SD, by the City
Council in the manner provided by law except that a building
permit may be issued in accordance with the provisions of (c) as
follows:
An application for a land use permit for any use other than that
specified in paragraph (b) above shall be made to the Building
Inspector of the City of Pearland, and by him referred to the
City Planning and zoning Commission for consideration and
recommendation to the City Council. The City Planning and zoning
Commission in making its recommendation to the City Council
concerning any such permit shall take into consideration the
appropriate land use for the area and the Comprehensive
Development Plan for the City of Pearland. The City Council
after receiving and reviewing the recommendations of the City
Planning and zoning Commission may by majority vote authorize the
issuance of the Building Permit or Certificate of Occupancy or
may disapprove the application.
SECTION 5 - R-l, SINGLE-FAMILY DWELLING DISTRICT
Section 5.1. Purpose of District.
The R-1 Dwelling District, the most restrictive of all residential
districts, is intended to permit the low density development of
detached single family dwelling units and appropriate desirable open
space. This district may be combined with the PUD, Planned Unit
Development District, to provide for grouping of dwelling units to
achieve larger open space areas and community recreational areas.
Section 5.2. Permitted Uses. See Table III.
Section 5.3. R-1 Planned Unit Development Uses.
In addition to permitted uses, the following uses may be allowed:
a. Indoor and outdoor recreational facilities in conjunction with
residential uses.
18
Section 5.4. General conditions.
Area Requirements.
(a) Minimum lot size - Every lot within the zoning district
shall be at least 8,800 square feet in area.
(b) Minimum lot width - Every lot within this zoning district
shall be at least 80 feet in width, measured at the front
building line.
(c) Maximum Coverage - No more than 60% of the total lot area
shall be covered.
(d) Where a lot having less area, width, and/or depth existed in
separate ownership upon the effective date of this
ordinance, the erection of one single-family dwelling shall
be permitted.
2 o
Yard Reqirements:
(a) Front yards shall be at least twenty-five (25) feet.
(b) Rear yards shall be at least twenty (20) feet.
(c) There shall be one side yard of at least five (5) feet, with
an aggregate adjacent dwelling separation of fifteen (15)
feet.
Every part of a required side yard shall be open and
unobstructed except for accessory buildings, as permitted
herein, and the ordinary projections of window sills, belt
courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the
required side yard, and roof eaves projecting not to exceed
forty-eight (48) inches into the required side yard, except
that no projections shall be permitted closer than twelve
(12) inches to a common property line.
Accessory buildings, as permitted herein, shall be allowed
in required side yards; provided, however, that no accessory
building may be closer than three (3) feet to a common
property line and shall not encroach on any dedicated
easements.
3 o
Height Restrictions:
No building shall exceed thirty-five (35) feet in height.
4 o
Accessory Buildings:
Accessory buildings, including garages, tool sheds, and
greenhouses shall be permitted behind the front building line;
provided, however, that no structure shall be allowed in any
dedicated easement.
19
5. Common Areas - Management and Maintenance. See 7.4.5. , page 23
Section 5.5. Planned unit Development Regulations-
R-1 PUD uses ~shall be subject to R-1 general conditions; except for
the following R-1 general conditions as specifically imposed by the
site plan or ordinance adopting such site plan.
a. Minimum lot size: not less than 7000 sq. ft.
b. Minimum lot width: not less than 70 feet.
Maximum density in this district shall not exceed four (4) dwelling
units per acre.
SECTION 6 - R-2 SINGLE-FAMILY DWELLING DISTRICT
Section 6.1. Purpose of District.
The R-2 dwelling district is intended to permit the low density
residential development of detached single family residential dwelling
units and appropriate desirable open space having similar land use
controls to the R-1 single family district, but providing for smaller
lot sizes. This district may be used as a transition zone from more
restrictive to less restrictive districts, or may be combined with PUD
Planned unit Development to provide for grouping of dwelling units to
achieve larger open space areas and community recreational areas.
Section 6.2. Permitted Uses. See Table III.
Section 6.3. R-2 Planned Development Uses.
In addition to the permitted uses, the following uses may be allowed:
Recreational spaces/facilities in conjunction with residential
uses.
Section 6.4. General Conditions.
Area Requirements:
(a) Minimum lot size - every lot within the zoning district
shall be at least 7,000 square feet in area;
(b)
Minimum lot width - every lot within the zoning district
shall be at least seventy (70) feet in width, measured at
the front building line;
(c)
Maximum lot coverage - no more than 60% of the total lot
area shall be covered.
2 o
Yard Requirements:
(a) Front yard shall be at least twenty-five (25) feet for all
20
3 o
(b)
(c)
lots of one hundred (100) feet or more in depth and twenty
(20) feet for lots of less than one hundred (100) feet in
depth.
Rear yard shall be at least twenty (20) feet.
There shall be one side yard of at least five (5) feet, with
an aggregate adjacent dwelling separation of fifteen (15)
feet.
Every part of a required side yard shall be open and
unobstructed except for accessory buildings, as permitted
herein, and the ordinary projections of window sills, belt
courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the
required side yard, and roof eaves projecting not to exceed
forty-eight (48) inches into the required side yard, except
that no projections shall be permitted closer than twelve
(12) inches to a common property line.
Accessory buildings, as permitted herein, shall be allowed
in required side yards; provided, however, that no accessory
building may be closer than three (3) feet to a common
property line and shall not encroach on any dedicated
easements.
Height Restriction:
No building shall exceed thirty-five (35) feet in height.
Accessory Buildings:
Accessory buildings shall be permitted behind the front building
line; provided, however, that no structure shall be allowed in
any dedicated easement.
5. Common Areas - Management & Maintenance. See 7.4.5., page 23
Section 6.5. Planned Unit Development Regulations.
R-2 PUD uses shall be subject to R-2 general conditions, except
for the following R-2 general conditions as specifically imposed
by the site plan or ordinance adopting such site plan:
(a) Minimum lot size: not less than 6,000 square feet.
(b) Minimum lot width: 60 feet.
Maximum density in this district shall not exceed five (5)
dwelling units per acre.
SECTION 7 - R-3 SINGLE-FAMILY DWELLING DISTRICT
Section 7.1. Purpose of District.
21
The R-3 dwelling district is intended to permit medium density single
family detached units and appropriate desirable open space. The R-3
dwelling district will be located to provide a buffer between lower
density residential, and less restrictive zones. This district may be
combined with a PUD Planned Unit Development District to provide for a
grouping of dwelling units to achieve larger open space areas and
community recreational areas.
Section 7.2. Permitted Uses. See Table III.
Section 7.3. R-3 Planned unit Development Uses.
In addition to the permitted uses, the following uses may be allowed:
a. Hospitals, convalescent homes;
b. Indoor and outdoor recreational facilities; and
c. Patio Homes.
Section 7.4. General conditions.
1. Area requirements Not less than 6,000 sq. ft.
(a) Minimum gross site area. Every residential tract within the
zoning district shall have a minimum gross site aKea of at
least 25,000 square feet in area.
(b) Minimum lot width. Every lot within this zoning district
shall be at least sixty (60) feet in width, measured at the
front building line.
(c) ~.~inimum lot size: 6,000 sq. ft. No more than 50% of the
total lot area shall be covered by buildings.
2 o
Yard Requirements:
(a) Front yard shall be at least twenty-five (25) feet for all
lots of one hundred (100) feet or more in depth and twenty
(20) feet for lots of less than one hundred (100) feet in
depth.
(b) Rear yard shall be at least twenty (20) feet.
(c) There shall be one side yard of at least five (5) feet, with
an aggregate adjacent dwelling separation of fifteen (15)
feet.
Every part of a required side yard shall be open and
unobstructed except for accessory buildings, as permitted
herein, and the ordinary projections of window sills, belt
courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the
required side yard, and roof eaves projecting not to exceed
forty-eight (48) inches into the required side yard, except
22
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that no projections shall be permitted closer than twelve
(12) inches to a common property line.
Accessory buildings, as permitted herein, shall be allowed
in required side yards; provided, however, that no accessory
building may be closer than three (3) feet to a common
property line and shall not encroach on any dedicated
easements.
Height Restrictions.
feet in height.
No building shall exceed thirty-five (35)
Accessory buildings. Accessory buildings shall be permitted
behind the front building line; provided, however, that no
structure shall be allowed in any dedicated easement.
Common Areas - Management and Maintenance. For any land or
facilities to be used in common by residents of the development,
there shall be provisions made for the establishment of a
property owners association to manage and maintain such common
facilities.
Section 7.5. Planned Unit Development Regulations.
R-3 PUD shall be subject to R-3 general conditions, except for
the following R-3 general conditions as specifically imposed by
the site plan or ordinance adopting such site plan.
(a) Minimum lot sizes: Patio Homes - 5,000 sq. ft.
(b) Minimum lot width: Patio Homes - 50 ft.
(c)
(d)
Maximum lot coverage of 60%.
Common Recreation Areas for Patio Homes. There shal 1 be at
least 900 square feet of common recreation areas per patio
home lot; the minimum area of any common recreation space
shall be 6,000 square feet. Each required common recreation
area shall be within 300 feet of all the patio home lots it
is intended to serve, measured along a route of pedestrian
access. Each required common recreation area shal 1 be
appropriately graded, turfed, surfaced, or otherwise
landscaped and provided with suitable drainage facilities.
Pedestrian ways and swimming pools may be included as part
of the required recreation areas havinq the required minimum
width, but off-street parking areas and service drives may
not be included in such areas. The Commission and the
Council may allow the development of a larger recreation
area if it finds that it would better serve the needs of the
area .
2 o
Maximum density shall not exceed seven (7) dwelling units per
acre .
SECTION 8 - R-4 SINGLE-FAMILY DWELLING DISTRICT
23
Section 8.1. Purpose of District.
The R-4 dwelling district is intended to permit maximum density single
family dwelling units and appropriate open space. The R-4 dwelling
district shall be located to provide a buffer between low density
single family residences and less restrictive residences and business
related districts.
Section 8.2. Permitted Use.
a. Patio Homes.
b. See Table III.
Section 8.3. R-4 Planned unit Development Uses.
Town Houses and Condominium.
Section 8.4. General Conditions.
1. Area requirements:
a o
Minimum gross site area. Every development in the R-4
single family development district should have a minimum
gross site area of at least 25,000 sq. ft.
Minimum lot width. Every lot within this zoning district
should be as follows:
(1) Patio homes: 50 ft. in width.
Minimum lot size. Each lot within this zoning district
shall be a minimum area of:
(1) Patio homes: 5,000 sq. ft.
No more than 60% of the total lot area shall be covered by
buildings.
2 o
Yard requirements. Every lot within this district shall have
front yards of at least 20 ft. and rear yards of at least 10 ft.
There shall be required building separations a minimum of 15 ft.
This shall allow for zero lot line on one side.
3. Height Restrictions. No building shall exceed 35 ft. in height.
Accessory Buildings. Accessory buildings shall be permitted in
the rear yards;provided, however, that no structure shall be
allowed on any dedicated easement.
Common Areas - Management and Maintenance. For any land or
facilities to be used in common by residents of the development,
there shall be provisions made for the establishment of a
property owners association to manage and maintain such common
24
facilities.
In all areas where patio homes or townhouses/condominiums are
developed, there shall be at least 900 sq. ft. of common recreational
areas per dwelling unit. The minimum area of any common recreational
space shall be 6,000 sq. ft. Each common recreational area shall be
within 300 ft. of all dwelling units to be intended to serve measured
along a route of pedestrian access. Each required common recreational
area shall be appropriately graded, turfed, surfaced or otherwise
landscaped and provided with suitable drainage facilities. Facilities
such as pedestrian ways and swimming pools may be included as part of
the required recreational space having the required minimum width.
Off-street parking areas and service drives are not included as part
of such areas.
Section 8.5. Planned Unit Development Regulations.
R-4, PUD shall be subject to R-3 general conditions except for
the following R-4 general conditions as specifically imposed by
the site plan or ordinance adopting such site plan.
a. Minimum lot size: Townhouse/Condominiums - 3,000 sq. ft.
b. Minimum lot width: Townhouse/Condominiums - 30 ft.
Maximum lot coverage of 70% if underground or multi-level
parking is provided~
2 o
Maximum density in this district shall not exceed eleven (11)
dwelling units per acre.
SECTION 9 - MF, MULTI-FAMILY DWELLING DISTRICT
Section 9.1. Purpose of District.
The MF dwelling district is intended to permit high density multi-
family dwelling units. This district may be combined with PUD Planned
Unit Development District to provide for a grouping of dwelling units
to achieve larger open space areas, community recreational'areas and
to provide for combining residential with certain commercial and
office uses which may be compatible with such multi-family uses
through use of an approved site plan.
Section 9.2. Permitted Use. See Table III.
Section 9.3. MF Planned Unit Development Uses.
The following uses shall be allowed in addition to the regular
permitted MF uses.
a. Hospitals, convalescent homes.
Private clubs.
c. Recreational space/facilities.
25
Section 9.4. General conditions.
Area Requirements:
a. ~,linimum site area: Every residential lot within the zoning
district shall be at least sixty-five thousand (65,000) square
feet in area, and every nonresidential lot shall be at least
twenty thousand (20,000) square feet.
b. Minimum site width: Every site within this zoning district shall
be at least one hundred twenty-five (125) feet in width, measured
at the front b'uilding line.
c. Maximum site coverage: No more than forty (40) per cent of the
total site area shall be covered by buildings.
d. Building area ratio: There shall be at least two thousand seven
hundred fifty (2,750) square feet of site area for each multi-
family or apartment dwelling unit. All other residential uses
shall meet lot size requirements set forth in the R-3 Dwelling
District.
e. No more than twenty-five (25) percent of the total apartment
complex shall be efficiencies.
f. Yard Requirements: Every site within this district shall have
front and rear yards of at least twenty-five (25) feet.
Such site shall have minimum side yards of at least ten (10) feet
for one-story buildings and an additional five (5) feet for each
story thereafter.
Every part of a required yard or court shall be maintained as
open space; provided that ordinary projections may extend into a
minimum side yard or court not more than twenty-four (24) inches.
g. Fences and Screening: Fences and screening shall be provided and
maintained as set forth in Section 21.
h. Parking: Parking as required in Section 19 shall be provided.
i. Accessory Buildings: Accessory buildings, including garages,
tool sheds, and greenhouses shall be permitted behind the front
building line; provided, however, that no structure shall be
allowed in any dedicated easement.
j. Access: There shall be provided a minimum of two (2) driveways
per lot, no portion of %~hich shall be any closer than fifteen
(15) feet to adjacent lot lines.
k. Refuse Containers: All refuse and refuse containers shall be
screened from view of adjacent public streets.
1. Landscaped Open Area: In addition to paved parking and driving
areas, service walks and other service areas at least ten (10)
26
mo
percent of the site shall be maintained in landscaped open area.
Common Recreational Area: In all areas where Multi-Family
Dwelling units are constructed, there shall be at least 600 sq.
ft. of common recreational space per dwelling unit. The minimum
area of any common recreational space shall be 6,000 sq. ft.
Each common recreational area shall be within 300 feet of all
dwelling units it is intended to serve measured along a route of
pedestrian access. Each required common recreational area shall
be appropriately graded, turfed, surfaced or otherwise landscaped
and provided with suitable drainage facilities. Facilities, such
as pedestrian ways and swimming pools, may be included as part of
the required recreational space. Off-street parking areas and
service drives are not included.
Section 9.5. Planned unit Development Regulations.
MF PUD uses shall be subject to MF general conditions and the general
requirements of the planned unit development section; except for the
following MF general conditions, or as specifically imposed by the
site plan or ordinance adopting such site plan.
a o
Maximum site coverage 70%, including parking and driveways.
Maximum density shall 'not exceed 19.36 dwelling units per acre.
Building Site Ratio - 2250 sq. ft. per dwelling unit.
SECTION 10 - MH MOBILE HOME PARK DISTRICT
Section !0.1. Purpose of District.
The Mobile Home Park District is intended to provide basic and uniform
regulations and performance objectives to establish reasonable
standards and safeguards to insure the safety, health and welfare of
the occupants and users of Mobile Home Parks. These requirements
shall be used in conjunction with the other mobile home regulations as
set in Chapter 17 of the Pearland Code of ordinances.
Section 10.2. Permitted Uses. See Table III.
Section 10.3. General Conditions.
Area Requirements:
(a) Minimum site area - Every site within this zoning district
shall be at least three (3) acres.
(b)
Minimum site width - Every site within this zoning
district shall be at least one hundred fifty (150) feet in
width at all points.
(c)
Maximum coverage - No more than 30% of the total, site area
shall be covered by buildings or mobile homes.
[4inimum site depth - Every site within this zoning
27
3 o
5 o
6 o
district shall be at least two hundred fifty (250) feet in
depth.
(e) Minimum lot width - Every lot within this zoning district
shall have a minimum width of sixty (60) feet.
(f) Minimum lot depth - Every lot within this zoning district
shall have a minimum depth of one hundred (100) feet.
(g) Minimum lot 'area - Every lot within this zoning district
shall have a minimum area of six thousand (6,000) square
feet.
Minimum Dwelling Unit Size: Every dwelling unit in this
district shall have a floor area of at least 600 square feet.
Yard Requirements:
(a) Every lot in this district shall have a front and rear yard
of at least ten (10) feet measured from the lot line, and
side yards of five (5) feet with fifteen (15) foot
aggregate ·
site Requirements:
(a) Landscaped Open Area - In addition to paved parking and
driving areas, service walks and other service areas at
least five (5) percent of the site shall be maintained in
landscaped open area.
(b) Street Right-of-Way - All streets within the site shall
have a 60 foot minimum right-of-way, with a 38 foot
pavement width back-to-back, to provide sufficient access
for oversized vehicles.
Height Restrictions:
No building shall exceed thirty-five (35) feet in height.
Fences: Subject to the provisions of Section 21.
parking: Each mobile home lot will be provided with two off-
street parking spaces.
Accessory Buildings:
(a) There shall be storage facilities which shall not be
within any required yard with a minimum capacity of two
hundred (200) cubic feet per mobile home space. These
shall be provided for each space or in compounds located
within one hundred (100) feet of each space. Wherever
provided, storage facilities shall be constructed of non-
combustible materials.
(b) Additional accessory buildings, including office for the
28
park, community facilities, house for owner or manager,
not exceeding 10% of the lot area shall be permitted
behind any building line; provided, however, such
accessory buildings shall be solely for the convenience
and necessity of the inhabitants of the park.
9 o
Access: There shall be provided a minimum of two (2) driveways
per mobile home park, for ingress and egress, no portion of
which shall be any closer than fifteen (15) feet to adjacent lot
line.
10.
Refuse Containers: Ail refuse and refuse containers shall be
screened from view of public streets adjacent to the property,
unless permanent fixtures, aesthetically designed for visible
locations.
11.
Landscaped Open Area: In addition to paved parking and driving
areas, service walks and other service areas, at least 10% of
the lot shall be maintained in landscaped open area.
12.
Recreation Space: There shall be at least 600 square feet of
common area per individual mobile home; the minimum area of any
common recreational areas shall be 6,000 square feet, and
minimum width of any such area shall be eighty (80) feet. Each
required common recreation area shall be within 300 feet of all
the mobile homes it is intended to serve, measured along a route
of pedestrian access. Each required common recreation area
shall be appropriately graded, turfed, or otherwise landscaped,
and provided with suitable drainage facilities.
13.
Other Regulations: The development shall conform with all
applicable provisions of the ~Iobile Home Ordinance No. 179 (and
subsequent amendments) of the City of Pearland and all other
applicable City and State Regulations.
Section 10.4. Special Requirements.
1. Mobile Home Space Improvements.
(a)
Paving - Ail wheels of structural supports shall be placed
on an approved foundation as set forth by the Building
Inspection Department.
(b)
Sanitary Facilities - Each mobile home space shall contain
underground water and sewer connections to the City
system.
(c)
Anchoring Devices - Each mobile home space shall be
Provided with tie-down anchors as provided by State and
Federal Regulations.
(d) Utilities - Ail utility service shall be underground.
29
Section 10.5.
1.
Planned Unit Development Regulations.
MH PUD shall be subject to the following exceptions to general
conditions:
(a)
(b)
(c)
~.linimum lot size - 5,000 sq. ft.
Minimum lot width - 50 ft.
Minimum open space - Required landscaPed open areas may be
grouped to provide a more feasible utilization of the
property.
SECTION 11 - OP OFFICE AND PROFESSIONAL DISTRICT
Section !1.1. Purpose of District.
The O-P office district is intended to permit a wide variety of
business, professional and organization office needs of the community
together with desirable associated uses. When combined with the PUD
planned unit development district, uses permitted in this district
may be grouped together with uses permitted in R-3, R-4, MF or NS
districts to provide for a large area development plan to provide a
wide variety of available service by lessening traffic and associated
problems.
Section 11.2. Permitted Uses. See Table III.
Section 11.3. Planned Unit Development Uses.
The uses within this district may be combined with any permitted use
in NS, MF, R-3, and R-4 zoning.
Section 11.4. General Conditions.
Area Requirements:
(a) Minimum lot size. Every lot within the zoning district
shall be at least 12,500 square feet in area.
(b)
Minimum lot width. Every lot within this zoning district
shall be at least one hundred (100) feet in width measured
at the front building line.
(c)
Minimum lot depth. Every lot within this zoning district
shall be at least one hundred (100) feet in depth.
2 o
Outdoor activities or uses: No outdoor commercial activities or
uses shall be permitted in the O-P office district other than
mobile refreshment stands, accessory parking and loading and the
placement and servicing of refuse containers for permitted uses.
Passive recreational uses including, but not limited to sitting,
walking and eating are also permitted.
3. Building Line: Every lot within the district shall have a front
3O
5 o
building line of at least twenty-five (25) feet and side and
rear building lines of at least ten (10) feet; provided,
however, if side and rear building lines do not abut R-l, R-2,
R-3, R-4, MF zones or streets, such side and rear building lines
may be eliminated.
7 o
Fences and Screening: Fences and screening shall be required
between all residential and non-residential uses, as provided in
Section 21.
Parking and Loading: Parking and loading shall be subject to
general requirements as set forth in Section 19 and Tables IV,
V, and VI.
Refuse Facilities: Ail refuse and refuse containers shall be
screened from view of all public streets, unless permanent
fixtures, aesthetically designed for visable locations.
Access: A minimum of two driveways shall be required with no
portion th~f Cl°~ t~an fifteen (15) feet to an adjacent lot
line, unless otherwise approved by the City.
8 o
Landscaped Open Area: In addition to paved parking and driving
areas, service walks and other service areas, at least 10% of
the lot shall be maintained in landscaped open area.
Section 11.5. Planned Unit Development Regulations.
O-P PUD uses shall be subject to O-P general conditions;
provided, however, the following O-P general conditions shall
not apply except as specifically imposed by the site plan or
ordinance adopting such site plan.
(a) Minimum lot size
(b) Minimum lot width
(c) Yard requirements
(d) Height
(e) Access
When R-3, R-4, or MF uses are to be combined with any other use
in this PUD zone, the R-3, R-4 and MF maximum building density
shall apply to this zone.
SECTION 12 - NS NEIGHBORHOOD SERVICE DISTRICT
Section 12.1 Purpose of District.
The Neighborhood Service District is intended to permit a limited
area of service establishments and retail stores for th~ benefit of
adjacent and nearby residential development and in which district all
31
trade is conducted indoors and in such a manner as to be capable of
placement adjacent to residential districts without changing the
character of the latter. When combined with the PUD planned unit
development district, less restrictive uses may be grouped together
with uses permitted in this district to provide a wider variety of
neighborho6d services.
Section 12.2. Permitted Uses. See Table III.
Section 12.3. NS Planned Unit Development.
The uses withi~ this district may be combined with any permitted
use in the R-3, R-4, MF and OP zoning district to provide a wide
variety of neighborhood services.
2. Retail sales of gasoline as a secondary use.
Section 12.4. General Conditions.
1. Area Requirements.
(a)
Minimum lot size. Every lot within the zoning district
shall be at least 12,500 square feet in area.
(b)
Minimum lot width. Every lot within this zoning district
shal 1 be at least one hundred (100) feet in width,
measured at the front building line.
(c)
Minimum lot depth. Every lot within the zoning district
shall be at least one hundred (100) feet in depth.
2 o
Outdoor activities and uses. No outdoor commercial activities
or uses shall be permitted in the neighborhood service district
other than mobile refreshment stands, accessory parking and
loading and the placement and servicing of refuse containers for
permitted uses. Passive recreational uses are also permitted.
Building Line. Every lot within this district shall have front
building line of at least twenty-five (25) feet, side building
lines of at least fifteen (15) feet; provided, however, if side
building lines do not abut R-l, R-2, R-3, R-4, or, MF zones,
such side building lines may be eliminated.
Screening and fencing. Screening and fencing shall be provided
and maintained as set forth in Section 21.
5 o
Parking and loading. Parking and loading shall be subject to
the general requirements of Section 19 and Tables IV, V, and VI.
Refuse Containers. Ail refuse and refuse containers shall be
screened from view of all public streets, unless permanent
fixtures, aesthetically designed for visible locations.
7 o
Access. Each lot shall have not less than two driveways with
exterior driveways no closer than fifteen (15) feet from the
32
adjacent lot line, or as otherwise approved bY the City.
Section 12.5. Planned Unit Development Regulations.
In an I.~S PUD district, subject to site plan provisions, the
following NS controls shall not apply except as specifically
imposed by the site plan or ordinance adopting such site plan:
(a) Minimum lot size
(b) Minimum lot' width
(c) Yard requirments
(d) Access
When R-3, R-4 or MF uses are to be combined with any other use
in this PUD zone, the R-3, R-4 and MF maximum building density
shall apply to this zone.
SECTIO~ 13 - GB GENERAL BUSINESS (RETAIL)
Section 13.1. Purpose of District.
The general business district is intended to permit an extensive
variety of commercial uses including retail trade, personal and
business service establishments, offices and commercial recreational
uses of limited scope. These types of commercial uses are conducted
%~ho! ly within an enclosed building but may incidential ly display
merchandise wholly under a permanent part of the main business
structure, such as a marquee. When combined %~ith the PUD planned
unit development district, uses permitted in other districts may be
grouped with uses permitted in this district to create large area
developments of compatible and mutually supportive activities.
Section 13.2. Permitted Uses. See Table III.
Section 13.3. Planned Unit Development Uses.
The following uses shall be allowed in addition to the regular
permitted GB uses:
2. Commercial
3. OP permitted uses
Section 13.4. General Conditions.
1. Area Requirements:
(a)
Every lot within this zoning district shall be at least
22,500 square feet in area.
33
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6 o
(b)
Minimum lot width. Every lot within this zoning district
shall be at least one hundred fifty (150) feet in width,
measured at the front building line.
(c)
Minimum lot depth. Every lot within this zoning district
'shall be at least one hundred twenty-five (125) feet in
depth.
Outdoor activities and uses. In connection with any permitted
use, there shall be allowed the incidental display of
merchandise out of doors subject to the following limitations:
(a)
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
(10) feet, 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.
(b)
On any property in the general business district, the
temporary sale of Christmas trees and other forms of
decorative plant materials associated with celebration of
religious events shall be permitted for a period of forty-
five (45) days prior to the day of religious celebration.
The Enforcing Officer shall issue a permit for such sale
when he finds:
(1)
That there is an adequate off-street parking area,
approved by the City; and
(2)
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.
Yard requirements. Every lot within this district shall have
front yards of t~¢enty-five (25) feet and a side yard of twenty-
five (25) feet on any side adjoining on R-l, R-2, R-3, R-4, MF
or street districts; otherwise side yards shal 1 be either zero
or at least ten (10) feet.
Screening and fencing shall be provided and maintained as set
forth in Section 21.
Parking and loading. Parking and loading shall be subject to
the general requirements of Section 19 and Table IV, V, and VI.
Refuse containers. Ail refuse and refuse containers shall be
screened from view of all public streets, unless permanent
fixtures, aesthetically designed for visible locations.
Access. Each lot shall have not less than two (2) driveways no
closer than twenty-five (25) feet from adjacent lot lines,
34
unless otherwise approved by the City.
The sale, dispensing, and otherwise handling of alcoholic
beverages directly to the consumer for consumption on the
premises shall be permitted only if incidental and secondary to
the sale of food for human consumption on the premises, which
shall be construed to mean that at least 50% of gross receipts
must be from sales of food for consumption on the premises.
This regulation shall not apply to private clubs operating
within hotels and motels.
Section 13.5. Planned Unit Development Regulations.
In a GB PUD district, subject to site plan provisions, the
following GB controls shall not apply except as specifically
imposed by the site plan or ordinance adopting such site plans:
(a) Minimum lot size
(b) Minimum lot width
(c)
Yard requirements; provided, however, there shall in all
cases be an exterior yard of at least twenty-five (25)
feet.
(d) Height
(e) Access
(f)
Lot coverage, but only if underground or multi-level
parking is provided.
SECTION 14 - C - COMMERCIAL DISTRICT
Section 14.1. Purpose of District.
The commercial district is intended to permit a wide variety of
businesses characterized by those uses that require an extensive
amount of land for the conduct of business. When combined with the
PUD district, uses permitted in the GB General Business district may
be grouped with uses permitted in this district to provide for a wide
variety of commercial activity.
Section 14.2. Permitted Uses. See Table iii.
Section 14.3. C Planned Unit Development Uses. ~
1. Ail C permitted uses.
2. Ail GB permitted uses.
Section 14.4. General Conditions.
1. Area requirements:
35
(a)
(b)
~-:inimum lot size. Every lot within the zoning district
shall be at least 22,500 square feet in area.
~.Iinimum lot width. Every lot within this zoning district
shall be at least one hundred fifty (150) feet in width,
measured at the front building line.
(c)
Minimum lot depth. Every lot within this zoning district
shall be at least one hundred twenty-five (125) feet in
depth.
2 o
Outdoor activities and uses. Out of doors display, storage and
sale merchandise, equipment and vehicles shall be permitted.
Yard requirements. Every lot within this district shall have a
front yard of at least twenty-five (25) feet, a rear yard of at
least twenty-five (25) feet and no side yard shall be required
unless such district is adjacent to any other district or public
street in which case there shall be a side yard of at least
twenty-five (25) feet.
4 o
Screening and fencing. Screening and fencing shall be provided
subject to the general requirements set forth in Section 21 of
this Ordinance.
Parking and loading. Parking and loading shall be subject to
the general requirements of Section 19 and Tables IV, V, and VI.
Refuse containers. Ail refuse containers shall be located
behind the front building line (shall be screened from public
view) and shall not be located in any required yard unless
permanent fixtures, aesthetically designed for visible
locations.
7. Access. Each lot shall have not less than two (2) driveways
with exterior driveways no closer than twenty-five (25) feet
from the adjacent lot line or as otherwise approved by the City.
Section 14.5. Planned Unit Development Regulations.
In a C PUD district, subject to site plan provisions, the following C
controls shall not apply except as specifically imposed by the site
plan or ordinance adopting such site plan.
(a) Minimum lot size
(b) Minimum lot width
(c) Height
(d) Access
(e)
Lot coverage, but only if underground or multi-level
parking is provided.
36
SECTION 15 - M-1 LIGHT INDUSTRIAL DISTRICT
Section 15.1. Purpose of District.
The Light Industrial District is intended to permit a wide range of
light industrial, manufacturing, wholesale and service type uses.
When combined with the PUD Planned Unit Development District, site
planning may be substituted for certain conditions in order to afford
greater flexibility without sacrificing necessary controls.
Section 15.2. Permitted Uses. See Table III.
Section 15.3. Planned Unit Development Uses.
1. Industrial Parks.
2. Industrial Parks containing M-l, M-2, C, GB, and OP uses.
Section 15.4. General Conditions.
1. Area requirements:
(a) Minimum lot size: Every lot within the zoning district
shall be at least 40,000 square feet in area.
(b) Minimum lot width: Every lot within this zoning district
shall be at least one hundred fifty (150) feet in width
measured at the front building line.
(c) Lot depth: Every lot within this zoning district shall be
at least one hundred fifty (150) feet in depth.
2. Yard requirements:
(a) Front yard setback: Every lot within this district shall
have a front yard setback of at least thirty-five (35)
feet.
(b) Side yard setback: Every lot within this district shall
have a side yard of at least twenty-five (25) feet on each
side.
(c) Rear yard setback: Every lot within this district shall
have a rear yard of at least twenty-five (25) feet.
3. Fences and screening: Subject to requirements set forth in
'Section 21.
4. Parking: Parking as required in Section 19 and Tables IV, V,
and VI shall be provided in an area behind the front property
line.
Section 15.5. Special Conditions.
37
At least 10% of the lot shall be maintained in permanent
landscaped open area. All landscaping shall be properly
maintained throughout the life of any use on the lot.
2 o
Along the common lot line of a lot adjoining any other district,
there shall be a minimum of a ten (10) foot wide strip of
landscaped open area.
3 o
No materials storage, including waste materials, raw materials,
construction materials, and salvaged materials or finished
product storage shall be permitted unless screened by a solid
wall or fence not less than eight (8) feet in height at the
building line..
Section 15.6. 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.
2. Performance standards regulations:
(a)
Radioactivity or electromagnetic disturbance. No
activities shall be permitted which emit 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.
(b)
Direct or sky-reflected glare: No glare shall be
permitted whether from floodlights or from high
temperature processes such as combustion or welding or
otherwise.
(c)
Ail industry will comply with any appropriate federal
and/or state standard as well as any others specified by
this Ordinance.
Section 15.7. Planned Unit Development Regulations.
In an M-1 PUD district, subject to site plan provisions, the
following M-1 controls shall not apply except as specifically imposed
by the site plan or ordinance adopting such site plan:
(a) Minimum lot size
(b) Minimum lot width
(c) Height
(d) Access
SECTION 16 - M-2 HEAVY INDUSTRIAL DISTRICT
38
Section 16.1. Purpose of District.
The Heavy Industrial District is intended to permit any
manufacturing, assembly, processing, storage and/or distribution,
sale and repair incidental to industrial use allowed by law, except
for those listed below which must receive approval by the City
Council in accordance with the procedure established in Section 23,
and thus approved, may only be located in the M-2 District.
Residential uses are prohibited in this district, but existing
residential uses may continue as nonconforming uses.
Uses requiring City Council approval:
(1) Animal slaughtering or poultry processs
(2) Acid manufacture
Ammonia manufacture
(4) Carbon Black manufacture
Cement, lime, gypsum or plaster of paris manufacture
(6) ~-ianufacture of Chlorine or other toxic gases
(7) Explosives manufacture and/or storage
Glue or fertilizer manufacture
(9)
Petroleum or petroleum products,
manufacture, bulk storage
extraction,
refining and
(10) Petrochemical plant
(11) Rendering plant
(12) Tanning, curing, treating and storage of skins or hides
(13) Any use which due to the possible emission of excessive smoke,
noise, gas, fumes, dust, odor or vibration or danger of
explosion or fire is presently or in the future is determined a
hazard by the Enforcing Officer or objectionable or incompatible
and subject to special control of specific projects.
(14) Dumps and landfills
Section 16.2. Planned Unit Development Uses.
1. Industrial Parks
Industrial Parks containing M-l, M-2, C, GB and OP uses. In
add±tion, a buffer or transition zone is recommended to isolate
the adverse impact of the M-2 District from ot-her, more
restr!cted districts.
39
Section 16.3. General Conditions.
General conditions for M-2 District shall be the same
M-1 District.
Section 16f4. Special Conditions.
Special conditions for M-2 District
M-1 District.
Section 16.5. Performance Standards.
Performance Standards
for M-1 District.
as those for
shall be the same as those for
for M-2 District shall be the same as those
SECTION 17 - PUD PLANNED UNIT DEVELOPMENT
Section 17.1. Purpose of District.
The PUD district is intended to be used in conjunction with other
zoning districts to permit greater flexibility and permit more
creativity and imaginative design. It is further intended to promote
more economical and efficient use of the land while providing a
harmonious variety of housing choices, a higher level of urban
amenities, and preservation of natural scenic qualities of open
spaces.
Section 17.2. Coordination With Subdivision Ordinance.
It is the intention of this Ordinance that subdivision review under
the subdivision review ordinance be carried out concurrently with the
review of the PUD under this section of the Zoning Ordinance.
The development plans submitted must be submitted in a form which
will satisfy the requirements of the Subdivision Ordinance, the
Zoning Ordinance and final plats.
The requirements of both this section and those of the Subdivision
Ordinance shall apply to all PUDs.
Section 17.3. General Regulations.
Area requirements. The PUD district shall have at least three
(3) acres for a nonresidential purpose or at least five (5)
acres in use for residential purposes. The fact that such
property may be platted into smaller lots shall not relieve the
owner thereof of such area minimums.
2 o
Maximum coverage. Unless limited to a lower percentage by the
base district, no more than 70% of a lot sha! 1 be covered by
primary or accessory buildings.
40
Yard requirements. In PUD districts which include residential
uses, the applicable yard requirements for the residential uses
apply only to the residential areas within the site.
Section 17.4. Outline of Procedures.
I. Preapp!ication Conference
Participants:
Planning Commission
City Manager/or Designate
Applicant
Other Applicable City Staff
Goals: To explain PUD process to Applicant. To allow
Applicant to present concepts and receive informal
comments - note: comments made at this time are not
legally binding.
C o
Documents required from Applicant: Preliminary plans and
sketches, existing site information.
II. Application/Preliminary Development Plan
a o
Participants:
Planning Commission
Applicant
Professional Consultants (i.e., Design
Specialists) as required.
$ o
Goals: To present Planning Commission with more detailed
formal application for proposed PUD. To allow Applicant
to receive formal comments on this application.
Formal Application: Applicant submits formal application
for PUD/Zone Change to Planning Commission. Minimum
required information for the preliminary development plan
is as follows:
(1) Written Documents
(a)
A legal description of the total site proposed
for development, including a statement of
present and proposed ownership and present and
proposed zoning.
(b)
A statement of planning objectives to be
achieved by the PUD thorough the particular
approach proposed by the applicant. This
statement should include a description of the
character of the proposed development and the
rationale behind the assumptions and choices
made by the applicant.
(c)
A development schedule indicating the
approximate date when construction of the PUD
or stages of the PUD can be expected to begin
41
(2)
and be completed.
(d)
A statement of the applicant's intentions with
regard to the future selling or leasing of all
or portions of the PUD, such as land areas,
dwelling units, etc.
(e)
Quantitative data for the following: total
number and type of dwelling units; proposed
lot coverage of buildings and structures;
approximate gross and net residential
densities; total amount of open space
(including a separage figure for usable open
space); total amount of nonresidential
construction (including a separate figure for
commercial or institutional facilities);
economic feasibility studies or market
analysis where necessary; and other studies as
required by the review authority.
Site Plan and Supporting Maps
A site plan and any maps necessary to show the major
details of the proposed PUD must contain the
following minimum information:
(a)
(b)
The existing site conditions including
contours at 0.5 foot intervals, water course,
flood plains, unique natural features, and
forest cover.
Proposed lot lines and plot designs.
(c)
The location and floor area size of all
existing and proposed buildings, structures,
and other improvements including maximum
heights, types of dwelling units, density per
type, and nonresidential structures, including
commercial facilities. Preliminary evaluations
and/or architectural renderings of typical
structures and improvements. Such drawings
should be sufficient to relay the basic
architectural intent of the proposed
improvements.
(d)
The location and size in acres or square feet
of all areas to be conveyed, dedicated, or
reserved as common open spaces, public parks,
recreational area, school site, and similar
public and semipublic uses.
(e)
The existing and proposed circulation system
of arterial, collector, and local streets
including off-street parking areas, service
areas, loading areas, and major points of
access to public rights-of-way (including
42
(f)
major points of ingress and egress to the
development). Notations of proposed ownership
public or private - should be included where
appropriate.
(g)
The existing and proposed pedestrian
circulation system, including its
interrelationships with the vehicular
circulation system, indicating proposed
treatments of points of conflicts.
(h)
The existing and proposed utility systems
including sanitary sewers, storm sewers and
water, electric, gas and telephone lines in
schematic form.
(i)
A general landscape plan indicating the
treatment and materials used for private and
common open spaces in general schematic form.
(j)
The proposed treatment of the perimeter of the
PUD, including materials and techniques used
such as screens, fences and walls.
III. Public Hearing.
Any additional information as required by the
review authority necessary to evaluate the
character and impact of the proposed PUD.
Participants:
Planning Commission
City Manager/or Designate
Applicant
Citizens
Goals: To allow citizens to formally voice comments and
suggestions in regard to proposed PUD. To let Planning
officials and developers become aware of citizens
concerns.
IV. Planning Commission Decision.
V o
Formal approval, disapproval, or approval contingent on required
modifications. Process then continues in accordance with zoning
change procedures as outlined in the City Charter.
Final Development Plan.
A o
Participants:
Planninq Commission
City Manager/or Designate
Applicant
B o
Goals: to formalize design specifics. To review new
items and modifications. To insure conformance to PUD
regulations. To insure Final Development Plan does not
43
VI.
C o
differ substantially from Preliminary Development Plan.
Final Development Plan Submission:
Formal submission by Applicant to Planning Commission.
All changes and modifications from Preliminary Development
Plan shall be noted.
Planning Commission Decision:
Formal approval, disapproval.
Applicant must secure title to
before final approval.
property of application described
Section 18.1.
SECTIO~ 18 - FW - FLOODWAY DISTRICT
Purpose of District.
The Floodway District is intended to minimize hazards to life and
property, from flooding, and control and minimize the extent of
flooding by regulatin~ the uses and restricting the development of
floodways of water courses shown to be subject to periodic flooding
and to preserve the locations, character and extent of natural
drainage courses. The FW District is intended to be used in
conjunction with other districts to assure compliance with FEMA
Regulations. In addition, the FW District will control only that
development of floodway areas which:
1) Are appropriate in the light of the probability of flood
damage and the need to reduce flood losses,
2) Represent an acceptable social and economical use of the
land in relation to the hazards involved,
3) Does not increase the danger to human life.
It may be used in conjunction with other districts to provide the
highest and best utilization of property in a floodway.
The boundaries of any floodway district will be indicated on the
official floodway map for the City, which map is on file in the
offices of the Texas Water Commission. The local repository of said
map is the office of the City Secretary of this City. The rules and
regulations governing the use and occupancy of the floodway district
shall be on file at the office of the City Secretary of this City,
the offices of the Houston-Galveston Area Council, the offices of the
Texas Water Commission, and Federal Emergency ~'~anagement Agency,
Region VI.
Section 18.2. Permitted Uses.
Tile following uses are permitted within the FW-F!oodway District
subject only to the general conditions of this section and other
sections specifically referred to:
1. Agricultural and Horticultural Uses
Parks and Playgrounds
3 o
Flood Control Structures
4 o
Lawns, Gardens and Open Space
Camping and Picnicing Areas
6 o
Golf Courses, Golf Driving Ranges and Miniature Golf
Courses.
Canoe, Paddleboat, Rowboat Rentals
Section 18.3. General Conditions.
Area Requirements: The area of all FW-Floodway Districts shall
be the boundaries of the floodway as shown on the FIRM map or a
hydrological study approved by FEMA. The floodway boundaries
shall be defined by mean sea level elevations.
2 °
Non Conforming Uses: Existing buildings located in a Floodway
District at the time of adoption of this Ordinance may be
enlarged, modified, remodeled, or substantially improved
provided that such building be modified or anchored to prevent
floatation, collapse or lateral movement of the structure; that
utility equipment be modified to be resistant to flood damage;
and that the following methods and practices be applied to the
maximum possible extent:
(a)
Thermal insulation used below the first floor level shall
be of a type that does not absorb water.
(b)
Adhesives shall have a bonding strength that is unaffected
by inundation.
c)
Doors and all wood trims shall be sealed ~.~ith a waterproof
paint or similar product.
d)
Water heaters, furnaces, electrial distribution panels and
other critical mechanical or electrical installations
shall be prohibited below the minimum elevation
requirement. Separate electrical circuits shall serve
lower levels and shall be dropped from~ above.
e)
Plywood used at or below the first floor level shall be of
an "exterior" or "marine" grade and of %~ater-resistant or
waterproof variety.
f)
%'~ood flooring used at or below the first floor level shall
be instal led to accommodate a lateral expansion of the
flooring, perpendicular to the flooring grain, without
incurring structural damage to the building.
45
(g)
Basement ceilings shall have sufficient wet strength and
be so installed as to survive inundation.
(h)
Paints or other finishes used at or below the first floor
level shall be capable of surviving inundation.
(±)
Ail air ducts, large pipes and storage tanks located at or
below the first floor level shall be firmly anchored to
prevent floatation. Tanks shall be vented at a location
above the 100 year flood level.
(j)
Any construction within the floodway shall not have an
adverse impact on flow of water in floodway.
Section 18.4. Development Regulations.
Property within this district shall not be used except for
permitted uses and then shall only be improved in accordance
with a plan approved by the Public Works Department showing no
reduction in total 100 year flood water storage capacity and no
obstruction will be permitted in the floodway of a 100 year
flood unless accompanied by excavation of the stream channel
necessary to maintain the same water surface elevation of the
flood.
Property in this district shall not be considered for rezoning
unless a plan for development of the land in accordance with the
following standards is submitted with the application for
rezoning, which plan shall continue to govern development after
such zone change:
(a)
There shall be no reduction of water storage capacity
below the 100 year frequency flood level.
(b)
There shall be no reduction of flow capacity of channels
below the 100 year frequency flood level.
(c)
Residential structures shall have the lowest floor one
foot or higher than the water surface elevation at that
point of a flood for a 100 year storm, as officially
provided by the Federal Insurance Administration for
administration of the National Flood Insurance program in
Brazoria County, Texas
(d)
Non-residential structures shall have the lowest floor one
foot or more higher than the water surface elevation at
that point of a flood for a 100 year storm, as officially
provided by the Federal Insurance Administration for
administration of the National Flood Insurance Program of
Brazoria County, Texas; or together with attendant utility
and sanitary facilities, be flood-proofed up to or higher
than such elevation.
46
SECTION 19 - MINIMUM PARKING AND LOADING REQUIREMENTS
Section 19.1. Purpose.
It is the purpose of this section to establish the guidelines for
off-street parking spaces consistent with the proposed land use to:
(a)
Reduce the occurrence of on-street parking throughout the
City.
(b)
Avoid the traffic congestion and public safety hazards
caused by a failure to provide such parking space.
(c)
Expedite the movement of traffic on public thoroughfares
in a safe manner and thus increasing the carrying capacity
of the streets, reducing the amount of land required for
streets and the cost to both the property owner and the
City.
(d)
Insure that provided parking facilities meet basic
requirements.
Section 19.2. Off-Street Parking Spaces Required.
In all districts, for all uses, there shall be provided at the time
any building or structure is erected or enlarged or increased in
capacity, or at any time any other use is established, off-street
parking spaces for motor vehicles in accordance with the requirements
specified herein.
Section 19.3. Parking for Existing Uses.
It is the intent of these regulations to prevent the reduction
of existing off-street parking and loading spaces to less than
the minimum amounts that would be required if the existing use
of structure had been established or erected in full compliance
with the provisions herein.
No Certificate of Occupancy shall be issued, no use shall be
established or changed, and no structure shall be erected,
enlarged or reconstructed unless the off-street parking and
loading spaces are provided in the minimum amount and maintained
in the manner specified in these regulations; provided, however:
(a)
For the enlargement of a structure or for the expansion of
a use of structure or land there shall be required only
the number of off-street loading spaces as would be
required if such enlargement or expahsion were a separate
new structure or use; and
(b)
For a change in the use of a structure or land, the number
of off-street parking and loading spaces required shall be
equal to the number required for the new use.
Section 19.4. General Requirements.
47
1. Measurements:
(a)
When units or measurements result in requirements of a
fractional space, any fraction shall require one (1)
space.
(b)
Loading space shall not be considered to supply required
off-street parking space, nor shall required off-street
parking spaces supply required off-street loading space.
2. Non-Parking Uses:
(a)
Areas designated for off-street parking shall be used for
passenger and commercial vehicles.
(b)
Areas designated for off-street loading shall be used only
for the loading and unloading of passengers, equipment,
supplies, or merchandise.
(c)
In all zoning categories parking and loading areas shall
not be used for refuse containers; or for the repair,
storage, dismantling or servicing of vehicles or
equipment; or for the storage of materials or supplies; or
for any other use in conflict with the designated parking
and loading areas.
3 o
Access and Maneuvering:
(a)
Entrances and/or exists shall be so located as to minimize
traffic congestion. Driveways shall be located so that
the opening, including turning radii, is no closer than 25
feet to the end of a street intersection curb return. In
no case shall such entrance or exit be closer than 35
feet from the intersection of any extended curb line. The
width of the opening of entrances and exits measured at
the property line, not including the turning radii of the
driveway apron between the property line and the adjacent
curb, shall be not less than twelve (12) feet in R-l, R-2,
R-3, and R-4 areas and not less than twenty-five (25) feet
in any district nor more than thirty-five (35) feet in any
district. Between any two (2) adjacent entrances or
exits serving the same parking facility there shall be
provided at the property line a separation of not less
than twenty-five (25) feet. Beyond the required number of
driveways for each district, there shall be permitted no
more than one additional driveway for each one.hundred
(100) feet of lot width above the minimum lot width.
Common driveways may be allowed upon approval of the City.
(b)
Except for single family or two-family dwelling units,
parking and loading areas shall be arranged so that
vehicles shall not be required to back out of the parking
or loading spaces directly into a public way, including
private streets.
48
4. Space Standards:
(a)
A space ten (10) feet by eighteen (18) feet of floor/lot
area with unobstructed access to a public street shall be
deemed to be parking space for one (1) vehicle; such space
when provided for other than a dwelling unit shall not be
required to be greater than nine (9) feet in width.
(b)
Table IV, attached hereto, is incorporated in and made
part of these regulations and shall be used in determining
capacity of off-street parking areas.
(c)
Unless otherwise specified, a space twelve (12) feet by
thirty (30) feet of floor or lot area with a clear height
of fourteen (14) feet, and with unobstructed access to a
public street or private drive shall be deemed to be
loading space for one vehicle.
5. Pedestrian Lanes:
When the parking area is designed to accommodate more than 100
vehicles, and where a majority of the parking spaces are not
located next to a building walkway at the perimeter of the
building, there shall be provided separate, marked pedestrian
walkways to enable pedestrians to safely transit the parking
area with minimum hazard. Such walkways shall have a clear
width of not less than four (4) feet exclusive of vehicle
overhang where head-in parking adjoins the walkways.
6. Alternative Landscaping for Parking:
On sites of one acre or more, when specifically requested by the
owner, the Enforcing Officer shall permit not more than 25
percent of required parking spaces to be maintained in
landscaped open space until the property owner desires to
increase the number of parking spaces or until 90 percent of the
parking spaces are observed occupied at any three (3) times
during any consecutive sixty (60) day period at which time the
Enforcing Officer shall require construction of additional
parking spaces. Such additional spaces shall be constructed
within six (6) months of the date of written notice by the
Enforcing Officer. All open space and required landscaping
requirements shall be based on the maximum required number of
parking spaces, rather than the reduced amount shown here.
Section 19.5. Development Standards.
'?he off-street parking or loading facilities required for the uses
mentioned in these regulations shall be on the same lot or parcel of
land as the structure they are intended to serve or on a lot or
parcel of land abutting the lot they are intended to serve.
1. Paving and Drainage:
49
2 o
3 o
Ail off-street parking areas shall be paved with not less than
five (5) inches of reinforced Portland concrete or four (4)
inches of hot-mixed asphaltic concrete with a six (6) inch lime
treated subbase to adequately provide an all-weather surface
unless otherwise approved by the Director of Public Works.
Parking areas shall be graded and drained in such manner that
run-off shall be properly channeled into a storm drain water
course, ponding area, or other approved facility.
Curbs, Wheelstops and Islands.
Parking and loading spaces shall be provided with curbs,
wheelstops, or raised islands so located that no part of the
parked vehicle shall extend beyond the property line, sidewalks,
or into a designated pedestrian walkway.
Lighting.
Any light used to illuminate or identify a parking or loading
area shall be placed so as to reflect the light away from the
adjacent dwellings and so as not to interfere with traffic
control devices.
Pavement Marking and Signing.
Ail pavement marking and signing shall be in conformance to the
design requirments as set forth in the Manual on Uniform Traffic
Control Devices..
5 o
Fences, Walls and Screens.
Where a fence is not otherwise required, parking and loading
areas designed for more than six (6) spaces or berths adjacent
to residentially zoned property shall be screened by a solid
wall, fence or hedge not less than six (6) feet in height. Said
wall shall be maintained in a neat and orderly condition.
Except for necessary driveways, said wall shall screen the
vehicle area along those exposures where the vehicle area
adjoins the residential use.
[-laintenance Requirements.
To insure that all requirements set forth in this section are
carried forward, it will be the responsibility of the owner of
the parking area to maintain the facility. All of.f-street
parking areas shall be kept free of trash, debris, vehicle
repair operation or display and advertising uses. At no time
after initial approval of the parking area layout can changes be
made in the location and number of provided spaces without
approval of the City.
Visibility Triangle and Parkway Requirements.
Parking and loading areas shall be designed and constructed so
50
as to prevent intrusion into or use of the visibility triangle.
Section 19.6. Off-Street Loading Requirements.
There shall be provided, in connection with each allowable use, off-
street loading facilities in accordance with the following minimum
requirements. The following off-street merchandise and passenger
loading spaces shall be permanently and clearly marked. Each off-
street merchandise loading space shall be no less than 12 feet by 30
feet, and each off-street passenger loading space shall be no less
than 10 feet by 22 feet with a clear height of 12 feet.
1. Passenger and Merchandise Loading Space.
The amounts of marked off-street passenger and merchandise
loading spaces shall be required for the use classes as set
forth in Table IV.
2. Loading Space for Emergency Vehicles.
There shall be provided within thirty (30) feet of the entrance
to every building, with a use relating to health care
facilities, one permanently marked area not less than thirty
(30) feet in length and marked "Emergency Vehicles Only."
3. Parking Space for Disabled.
Disabled parking spaces as required in the Building Code 1985
edition.
4. Fire Lane.
Fire lanes as required by the Fire Code shall be provided and
clearly marked.
Section 19.7. Minimum Parking Area and Spaces.
The minimum required area for each parking space shall not be less
than that established by Table V. The minimum number of spaces for
each class of use shall not be less than that established by Table
VI.
SECTION 20 - LANDSCAPE REGULATIONS
Section 20.1. Applicability to Districts.
The requirements of this section shall be minimum standards for and
be applicable to the follo~ing districts, i~F, MH, OP, NS, GB, C, PUD,
~-1, ~-2 and specific uses as permitted by Section 23 hereof.
Section 20.2. Landscape Plan.
51
Prior to the construction and erection of a building or structure
subject to the requirements of this section, a landscape plan ~hall be
submitted for consideration. 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)
k 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 walls,
planters, fountains, berms, walkways and irrigating
systems .
(c)
Building outlines, parking areas and arrangements, fences
and structural features to be constructed on the site.
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 20.3. Minimum Landscape Requirements.
Up to ten (10) percent of the entire area of the site not covered 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.
The minimum landscape requirements shall be employed to
improve aesthetic appearance, to enhance the compatibility
of different land uses, and to mitigate negative
environmental influences on land uses (e.g. heat, noise,
air pollution).
(b)
Landscaping may be required for the screening of parking
areas from an abutting public right-of-way or adjacent
property, as required by the Planning and Zoning
Commission.
(c)
Interior landscaping may 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.
(d)
Landscaping may be required by the Planning and Zoning
Commission to screen outside storage areas, loading docks
and delivery entrances from adjacent property and public
52
street right-of-way.
(e)
Ail 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.
(f)
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.
(g)
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.
(h)
Artificial plants and trees shall not be considered in the
satisfaction of the requirements of this section.
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 in a good condition so as to present a healthy,
neat and orderly appearance, free from refuse and debris.
Section 20.5. Landscape 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 21 - FENCE REGULATIONS
Section 21.1. Permits.
Prior to the construction, reconstruction, modification, enlargement,
extension, or alteration of a fence, there shall be a building permit
therefor approved by the Building Inspector. Upon completion of the
construction, the fence shall be inspected by the Building Inspector
to insure compliance with the building permit and the provisions of
this Ordinance.
Section 21.2. Use Regulations.
(a)
Dimensions of Fences. No fence shall be constructed at a
height exceeding eight (8) feet.
(b)
Placement of Fences. No fences shall be constructed in
front of the designated front building-line of any
property zoned R-1 Dwelling District, R-2 Dwelling
53
(c)
(d)
(e)
District, R-3 Dwelling District, R-4 Dwelling District, OP
Office and Professional District, NS Neighborhood Service
District, or GB General Business District. Fences may be
constructed on all property lines of any property zoned MF
Multi-Family District, MH Mobile Home Park District, C
Commercial District, M-1 Light Industrial District or M-2
Heavy Industrial District. Special permits may be issued
'for fences beyond the front building line to the front
property line in SD Suburban Development District.
Prohibited Materials. Permanent barbed wire fences shall
be prohibited in districts where used for purposes other
than for the control of livestock.
Temporary Fences. Temporary fences for the purpose of
protection or securing of construction sites may be
allowed provided that the duration of use must be
specified in the permit for fencing.
Maintenance. Ail fences constructed under the provisions
of the Ordinance shall be kept in good repair and
maintained so as to comply with the requirements of this
Ordinance at all times.
SECTION 22 - SIGN REQUIREMENTS (RESERVED)
SECTION 23 - SPECIFIC USE PERMIT REGULATIONS
Section 23.1. Purpose.
The purpose of this section is to allow the proper integration of
uses, temporary or permanent, which may be suitable only in specific
locations of a zoning district.
Section 23.2. Development Standards Required.
The City Planning and Zoning Commission in considering and
determining their recommendation and the City Council in considering
any request for a Specific Use Permit may require from the applicant
plans, information, operating data and expert evaluation concerning
the location, function and characteristics of any building or use
proposed. The City Council may in the interest of the public welfare
and to assure compliance with this Ordinance, establish conditions of
operation, location, arrangement and construction of any use for
which wa permit is authorized. In authorizing any of the uses listed
as requiring Specific Use Permits, the City Council may impose such
development standards and safeguards as the conditions and location
indicate important, to the welfare and protection of adjacent property
from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor,
54
explosion, glare, offensive view or other undesirable or hazardous
conditions. Granting a Specific Use Permit does not exempt the
applicant from complying with the requirements of the Building Code
or other City ordinance. If after consideration of the request and
attached exhibits, the Planning and Zoning Commission feels that said
request is not in the best interests of the public welfare, it shall
deny such request and forward a copy of their proceedings to the City
Council for their consideration. The City Council shall review the
proceedings and either uphold or reverse the findings of the Planning
and Zoning Commission. The affirmative vote of at least three-
fourths of all the Council Members will be required for the reversal
of the Planning and Zoning Commission decision.
Section 23.3. Temporary Development Signs.
Tem'porary development and promotion signs not exceeding four hundred
(400) square feet in area may be erected on private property. The
Building Inspector shall control the location and duration of such
signs used to assure that the occupancy and use of adjacent lots are
not interfered with and that no safety hazard is created. Such
special development signs will be removed at the direction of the
Building Inspector after completion of the development of fifty (50)
percent of the project advertised.
Section 23.4. Temporary Construction Buildings.
Temporary buildings and temporary building material storage area to
be used for construction purposes may be permitted for aspecified
period of time in accordance with a permit issued by the Building
Inspector and subject to periodic renewal by the Building Inspector
for cause shown. Upon completion or abandonment of construction or
expiration of permit, such field offices and buildings shall be
removed within thirty (30) days, or at the direction of the Building
Inspector.
SECTION 24 - APPLICATION OF DISTRICT REGULATIONS
Section 24.1. Uniformity.
The regulations set by this Ordinance for each district shall be
minimum regulations and shall apply uniformly to each class or kind
of structure or land, except as hereinafter provided.
Section 24.2. Conformity with Regulations Required.
No building, structure, or land shall hereafter be used or occupied,
and no building orstructure or part thereof shall be erected,
constructed, reconstructed, moved, or structurally altered except in
conformity with all the regulations herein specified for the district
in which it is located. This shall be deemed to include only the
portion of the building, structure or land which is actually newly
occupied, newly used, erected, constructed, reconstructed, moved or
structurally altered after the effective date of this Ordinance.
55
1. Lot Area Deficiency:
If a lot was legally platted prior to the effective date
of this Ordinance, was held in separate ownership from any
adjacent property at such time, and contains less area
than is required under these regulations, such lot may be
used for any use lawful within the district,
notwithstanding such lot area deficiency; provided,
however, such lot shall be subject to all other district
regulations.
Section 24.3.
Grades, Open Spaces, Off-Street Parking or Loading
Spaces.
No part of a yard or other open space, or off-street parking or
loading space required about or in connection with any building or
use for the purpose of complying with this Ordinance, shall be
included as part of a yard, open space, or off-street parking or
loading space similarly required for any other building or use.
Section 24.4. Newly Annexed Territory.
Ail territory which may hereafter be annexed to the City
of Pearland shall automatically be classed as lying and
being in district "SD" until such classification shall
have been changed by an amendment to the zoning ordinance
as provided by law.
No person shall erect, excavate, construct or proceed or
continue with the erection or construction of any building
or structure or add to, enlarge, move, improve, alter,
repair, convert, or demolish any building or structure or
cause the same to be done in any area of the City or in
any newly annexed territory to the City without first
applying for and obtaining a building permit therefor from
the Enforcing Officer as may be required in applicable
City ordinances.
Section 24.5. Completion of Buildings.
Nothing herein contained shall be deemed to require any change in the
plans, construction, or use of a building for which a currently valid
building permit has been obtained at the time of passage of this
Ordinance, so long as the entire building is completed within one (1)
year from the effective date of this Ordinance. The Zoning Board of
Adjustment, upon application, may grant a one (1) year extension of
the time of completion upon showing of reasonable progress of
construction. Any building permit in effect at the pass~ge of this
Ordinance shall become void if construction is not begun within one
hundred twenty (120) days thereof.
Section 24. 6. Occupancy of Dwelling Units.
No dwelling unit shall be occupied except by a family, as that term
is defined herein.
56
SECTION 25 - HOME OCCUPATION
Section 25.1.
The allowed uses under a customary Home Occupation shall comply with
the following criteria:
a o
No person other than members of the family residing on the
premises shall be engaged in such occupation;
b ·
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 25 percent of the
floor area of the dwelling unit shall be used in the conduct of
the Home Occupation;
C o
There shall be no change in the outside appearance of the
building or premises, or other visible evidence of the conduct
of such home occupation other than one sign, not exceeding one
square foot in area, non-illuminated, and mounted flat against
the wall of the principal building;
d. No home occupation shall be conducted in any accessory building;
e o
There shall be no on premises sales in connection with such home
occupation.
f o
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct
of such home occupation shall be met off the street and other
than in a required front yard;
g o
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses off the
lot, if the occupation is conducted in a single-family
residence. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible
interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the
premises;
The operation of clinics, doctor's offices, hospitals, barber
shops, beauty parlors, dress shops, real estate offices, health
studios, tea rooms, palm reading, kennels~ among others, shall
not be deemed to be home occupations.
SECTION 26 - NONCONFORMING USES
Section 26.1. Definition. ·
"Nonconforming" shal 1 be deemed to mean that a use or structure was
lawful at the time it was begun, but could not presently be so begun,
57
used, or constructed under current ordinances and zoning.
Section 26.2. Continuance of Nonconforming Use.
The lawful use of any building, structure, sign or land existing at
the time such property was more restrictively zoned may be continued
except as this Ordinance may require abatement within a given period
of time; provided, however, the right to continue such nonconforming
uses shall be subject to regulations prohibiting nuisances and shall
be terminated when such use constitutes a nuisance. Such
nonconforming uses shall be subject to such reasonable regulations as
the zoning Board of Adjustment may require to protect adjacent
property and shal 1 be subject to the specific nonconforming use
regulations herein contained.
Except as this ordinance may otherwise requfre, any nonconforming use
may be continued in operation on the same land area and on the same
floor area in a 'structure or structures which were occupied by the
nonconforming use on the effective date of these regulations o'r on
the effective date of any amendment by which the use became
nonconforming, but such land area or floor area shall not be
increased.
Section 26.3. Accidental Damage to Building.
If a building occupied by nonconforming uses is destroyed by fire or
the elements, . it may not be reconstructed or rebuilt except to
conform with provisions herein. In the case of partial destruction
by fire or other causes,not exceeding fifty (50) percent of its
current replacement value, the Enforcing Officer shall issue a permit
for reconstruction. If greater than fifty (50) percent and less than
total, The Zoning Board of Adjustment may grant a permit for repair
but not for enlargement of the building.
Section 26.4. Substandard Structure.
The right to operate and maintain any nonconforming structure shall
terminate and shall cease to exist whenever the nonconforming
structure becomes substandard under any applicable ordinance of the
City and the cost of placing such structure in lawful compliance when
the applicable ordinance exceeds fifty (50) percent of the
replacement cost of such structure on the date that the Enforcing
Officer deter'mines that such structure is'substandard.
Section 26.5. Determination of Replacement Cost.
In determining the replacement cost of any nonconforming structure,
there shall not be included therein the cost of land or any factors
other than the nonconforming structure itself including foundation.
Section 26.6. Repairs and Alterations.
Repairs and Alterations may be made to an undamaged nonconforming
building or structure; provided, however, no structural alterations
shall be r?,ade except those required by la:~' or ordinance, unless the
58
building is changed to a conforming use; and provided that no
additional dwelling units shall be added where the nonconforming use
results from there being more dwelling units on the lot than is
permissible in the district in which the building is located. No
enlargement or extension of a nonconforming use shall take place
except as the Zoning Board of Adjustment may grant, as a special
exception, an application to extend or enlarge a building occupied by
a nonconforming use or of that portion of the lot occupied by such
use provided such grant does not serve to prevent the return of such
property to a conforming use.
Section 26.7. Registration of Nonconforming Use.
It shal 1 be the right of the joint tenants and owners of a
nonconforming use to register same by securing a Certificate of
Occupancy as herein provided.
Section 26.8. Changing a Nonconforming Use.
Any nonconforming use may be changed to a use conforming with the
regulations herein established for the district in which the
nonconforming use is located; provided, however, that a nonconforming
use so changed shall not thereafter be changed back to a
nonconfo'rming use. A nonconforming use shall not be changed to
another nonconforming use.
Section 26.9. Abandonment.
A nonconforming use of any building or structure which has been
abandoned shall not thereafter be returned to any nonconforming use.
A nonconforming use shall be consideed abandoned when:
(a) It has been replaced with a conforming use, or
(b)
Such building or structure is or hereafter becomes vacant
and remains unoccupied or out of use for a continuous
period of six (6) months, or the special equipment and
furnishings peculiar to the nonconforming use have been
removed from the premises and have not been replaced
within such six (6) month period; or
(c)
The intention of the owner to permanently discontinue the
use is apparent.
SECTION 27 - BOARD OF ADJUST:dENT
Section 27.1. Establishment.
A Board of Adjustment is hereby established in accordance with the
provisions of Article 1011g, Revised Civil Statutes of Texas, with
the powers and duties as provided in said statute and this Ordinance.
The Board of Adjustment shall consist of five (5) members,' each to be
appointed by the City Council of the City of Peartand for staggered
terms of two (2) years and removable for cause by the appointing
59
authority upon written charges and after public hearing. In
addition, there shall be likewise appointed four (4) alternate
members of the Board of Adjustment who shall serve in the absence of
one (1) or more regular members when requested to do so by the City
Manager or the Mayor. Alternate members shall be appointed for a
terra of two. (2) years and shall be subject to removal as the regular
members. Vacancies shall be filled for the unexpired terms of any
member, regular or alternate, whose term becomes vacant. All cases
to be heard by the Board of Adjustment shall be heard by a minimum
number of four (4) members.
Section 27.2. Powers.
A request for interpretation of regulations or an appeal' for
variance from development controls may be taken by any person
aggrieved or by any officer, department, or board of the City
affected by a decision of the Enforcing Officer. Such appeal
shall be taken within fifteen (15) days time after the decision
has been rendered, by filing with the Enforcing Officer a notice
of appeal specifying the grounds thereof. The Enforcing Officer
shall forthwith transmit to the Board all papers constituting
the record upon which the action appealed from was taken.
The Board of Adjustment shall have the power to authorize upon
appeal in specific cases such variance from the terms of this
Ordinance as will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship
and so that the spirit of the Ordinance shall be observed and
substantial justice done.
In granting such variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this
Ordinance. Violation of such conditions and safeguards, when
made a part of the terms under which the variance is granted,
shall be deemed a violation of this Ordinance.
Under no circumstances shall the Board of Adjustment grant a
variance to allow a use not permissab!e under the terms of this
Ordinance in the District involved, or any use, expressly or
implied!y, prohibited by the terms of this Ordinance in said
District.
C o
The Board of Adjustment shall have the power in appropriate
cases and subject to appropriate conditions and safeguards to
hear and decide special exceptions to the terms of this
Ordinance upon which such Board is required to pass under this
Ordinance.
Section 27.3. Hearing.
~ne Board of ~.~3ustment shal 1 fix a reasonable time for the hearing
of an appeal, give public notice thereof, as well as due notice to
the interested parties, and decide the same within a reasonable time.
U~pon the hearing, any party may appear in person or by agent or by
60
attorney.
In the exercise of the above mentioned powers the Board of Adjustment
may reverse and affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and make such
order, requirement, decision and determination as ought to be made,
and to that end shall have all the powers of the officer from whom
the appeal is' taken.
Section 27.4. Vote R~quired.
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of any administrative official, or to decide in favor
of an applicant on any matter upon which it is required to pass under
this Ordinance, and to affect any variance of this Ordinance.
SECTION 28 - AMENDMENTS
Section 28.1. Authority.
The City Council may from time to time amend, supplement, or change
by ordinance the boundaries of the district or the regulations herein
established.
Section 28.2. Submission to Planning and Zoning Commission.
Before taking action on any proposed amendment, supplement or other
change, the City Council shall submit the proposed revision to the
Planning and Zoning Commission for its recommendation and report.
Section 28.3. Public Hearing - Planning and Zoning Commission
The Planning and Zoning Commission shall make a preliminary report
and hold public hearings thereon before submitting its final report.
%$ritten notice of all public hearings before the Planning and Zoning
Commission on proposed changes and classification shall be sent to
owners of real property lying within two hundred (200) feet of the
property on which the change and classification is proposed, such
notice to be given not less than ten (10) days before the date set
for hearing to all such o%~ners who have rendered their said property
for City taxes as the ownership appears on the last approved City tax
rolls. Such notice may be served by depositing the same, properly
addressed and postage paid, in the City post office. Where property
lying within two hundred (200) feet of the property proposed to be
changed is located in territory which was annexed to the City after
the final date for making renditions which are included on the last
approved City tax roll, notice to such owners shall be given by
publication in the manner provided in Subsection 28.4 of this
Section.
Section 28.4. Public Hearing - City Council.
After receipt of the final report from the Planning and Zoning
61
gommission, a public hearing shall be held by the City Council before
adopting any proposed amendment, supplement, or change. Notice of
such hearing shall be given by publication one time in a paper of
general circulation in the City, stating the time and place of such
hearing, which time shall not be less than fifteen (15) days nor more
than thirty (30) days from the date of publication. However, the
City Counci-1 may, after giving published notice required herein, hold
such public hearing jointly with the Planning and Zoning Commission,
but the City Council shall not take action until it has received the
final report from the Planning and Zoning Commission.
Section 28.5. Vote Required'in the Event of Protest.
In the event of a w~itten protest against such proposed amendment,
supplement or change, signed by 20% or more of the owners of the lots
or land included in such proposed change and the lots of land
immediately adjoining the same and extending two hundred (200) feet
therefrom, such amendment shall not become effective except by the
favorable vote of three-fourths (3/4) of all members of the City
Council.
Section 28.6.
Appeals from Decisions of the Planning and Zoning
Commission.
Any person aggrieved by a decision of the Planning and Zoning
Commission may appeal such decision to the City Council by filing
with the City Secretary a verified petition addressed to the City
Council setting forth the reasons such person believes such decision
to be unjust, in whole or in part, and specifying the alleged grounds
or injustice. Such petition shall be filed with the City Secretary
within ten (10) days after the final decision and not thereafter for
notification and calling of a public hearing to consider and act on
the appeal.
SECTION 29 - ADMINISTRATION, ENFORCEMENT AND FEES
Section 29.1. Administrative Official.
The Enforcing Officer as designated by the City Manager shall
administer this Ordinance.
Section 29.2. Duties of the Enforcing Officer.
Every application for a Building Permit for construction,
moving, alteration or change in a type of use or type of
occupancy shall be accompanied by a written statement and plans,
or plats, drawn to scale, showing the following in sufficient
detail to enable the Enforcing officer to ascertain whether the
proposed work or use is in compliance with the provisions of
this Ordinance, the Building Code and other City ordinances:
(a)
The actual shape, location and dimensions of the lot or
building plot with sufficient information to locate the
plot on the ground;
62
Ail existing streets, alleys, utilities and other
pertinent site amenities;
(c)
The shape, size and location of all buildings, or other
structures, to be erected, altered or moved and of any
other buildings, or other structures, already on the plot;
(d)
The existing and intended use of the plot and all
structures upon it;
(e)
Curb cuts, sidewalks, free standing signs, paved parking
areas, landscaping, fire lanes, marked parking stalls,
vehicle circulation provisions;
(f)
Land Use Plan of existing adjacent property uses on all
sides of proposed development;
(g)
Such information concerning the plot or adjoining lots or
other matters as may be essential for determining whether
the provisions of this Ordinance and other ordinances are
being observed.
If the proposed construction, moving, alteration, or use of the
land as set forth in the application is in conformity with the
provisions of this Ordinance, the Enforcing Officer may issue a
Building Permit.
Issuance of a Building Permit does not waive any provisions of
this Ordinance or any other City ordinance, and a permit issued
in error shall be void ab initio.
The Enforcing Officer is not empowered to grant any exception to
the actual meaning of any clause, order or regulation contained
in this Ordinance.
5 o
The Enforcing Officer is not empowered to make changes in this
Ordinance or vary the terms of this Ordinance in carrying out
his duties as Enforcing Officer.
6 o
If any application for such a Building Permit is not approved,
the Enforcing Officer shall state in writing one or more of the
causes for such disapproval.
Section 29.3. Building Permits.
No person shall erect or construct or proceed with the erection
or construction of any building or structure nor add to,
enlarge, move, improve, alter, repair, convert, extend or
demolish any building or structure nor begin excavation for any
construction no'r cause any of the foregoing in any zoning
district without first applying for and obtaining a permit
therefore from the Enforcing Officer.
2 o
Plans submitted with an application for a Building' Permit shall
be reviewed and shall be subject to approval by the City.
63
3 o
NO vacant land shall be occupied and no building or structure
hereafter erected or structurally altered, and no change in
occupancy of a building part of a building or land shall be made
until after the Enforcing Officer shall have issued a
Certificate of Occupancy therefor. The Certificate of Occupancy
shall not only state the information as required under the
Building Code, but shall also state the occupancy authorized is
in compliance with the Zoning Ordinance. Occupancy other than
that authorized in the Certificate of 'Occupancy shall be
unlawful.
Section 29.4. Certificate of Occupancy.
No nonconforming use shall be renewed, changed or extended without a
Building Permit or Certificate of Occupancy authorizing such renewal,
change or extension.
Application for a Certificate of Occupancy shall be made in
writing either coincident with an application for a building
permit, or may be applied for directly, and such certificate
shall be issued or refused within five (5) days after the
Enforcing Officer has been notified that the building or
premises is ready for occupancy.
2 o
No permanent water, sewer, electrical, gas, telephone, or other
public utility connection shall be made to any land, building,
structure, or portion thereof until and after a Certificate of
Occupancy has been issued by the Enforcing Officer.
Upon request of the owner or authorized representative, the
Enforcing Officer may issue a temporary Certificate of Occupancy
for the temporary use and occupancy of a portion of building
prior to the completion and occupancy of the entire building
provided such temporary occupancy or use will not in any way or
manner jeopardize life or property. Such permit may be issued
for a' period not exceeding six (6) months.
Section 29.5. Violations.
If the Enforcing Officer shall find that any of the provisions
of this Ordinance are being violated, he shall, when necessary,
give notice to the person responsible to cease such violations
forthwith.
2 o
Written notice may be delivered in person or by mail to a
violator or to any person in charge of property where a
violation is occurring. Verbal notice may be given to a
violator in person by the Enforcing Officer or his deputy.
Either notice shall be effective.
In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements adopted for
the promotion of public health, safety, morals, and general
welfare. %fhenever the requirements of this Ordinance are at
64
variance with the requirements of any other ~lawfully adopted
rules, regulations or ordinances, the requirement that is most
restrictive or that imposes higher standards as determined by
the Enforcing Officer shall govern.
Section 29.6. Enforcement and Penalties.
Any person, firm or corporation violating any of the provisions of
this Ordinance shall be guilty of a misdemeanor, and upon final
conviction thereof Shall be fined in a sum not to exceed $1,000.00
for each offense. Each day such violation continues to exist shall
constitute a separate offense. But in case any person, firm or
corporation 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 definition 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 cumlative of an in addition to the penalties prescribed
for such violation.
Section 29.7. Fees.
Every application for a zone change or variance shall be accompanied
by a filing fee in an amount sufficient to defray the actual cost of
processing the application. Such application fee shall be based upon
average current cost to the City of Pearland and shall be established
and amended by Resolution of the City Council.
Section 29.8. Enactment.
Ail orders, ordinances, or parts of ordinances in conflict with this
Ordinance or inconsistent with the provisions of this Ordinance, are
hereby repealed only to the extent necessary to give this Ordinance
full force and effect. Ordinance 246, heretofore adopted by the City
Council on February 26, 1973, is hereby expressly repealed.
Section 29.9. Severability Clause.
Should any word, clause, phrase, sentence, section or provision of
this Ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of ~he ordinance
as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid, and the remainder hereof shall remain in
full force and effect.
Section 29.10. Effective Date.
This Ordinance shall be effective and in full force on the tenth day
after its publication by caption in the official newspaper of the
City of Pearland, Texas.
Section 29.11.
Incorporation Into Code of Ordinances.
65
~t is the intention of the City Council, and it is hereby ordained,
that the provisions of this Ordinance shall be made a part of the
Code of Ordinances City of Pearland, Texas, and the sections of this
Ordinance may be renumbered to accomplish such intention.
PASSED-and APPROVED on FIRST READING this
of
/
A.D. , 198 &~
CITY OF PEARLAN/~EXAS
MAYOR
day
ATTEST:
Ci cretary
PASSED and APPROVED on SECOND and FINAL READING this
day of ____~_~(k~__u~ ......... , A.D., 198~
MAYOR
ATTEST:
City ~e~ ~ ~
Approved as to Form:
~ty AttOrney
PublicatiOn Date:
3-14-86
Effective Date:
3-24-86
66
STREET R.O.W.
STREET R.O.W.
STREET R.O.W.
SY
STRUCTURE
FRONTAGE
SY
2ND SY
~ Z
FY
STREET R.O.W.
R.O.W. LINE
/s~ ~
F_c /~ ,~ SY - SIDE YARD
~ / ~/,~ FY - FRONT YARD
l., ~- ¢ RY - REAR YARD
STREET R.O.~.
FY-- _
STREET R.O-W.
YAF~D MEASUREMENTS
TABLE I
6?
BLDG.
LINE~
STREET R.O.W.
N01' LESS THAN
80c, OF REQD.
STREET R.O.W.~__~WI DTH
BLDG. LINE-~ ,
I
BLDG.
LINE
STREET R:~
BLDG. LINE
MAY BE LESS THAN
80% OF REQD. WIDTH
LOT MEASURE ENT.S
W - WIDTH
D - DEPTH
TABLE II
68
APPENDIX "A"
SYMBOLS APPLICABLE TO THE SCHEDULE OF USE TABLES:
YES
Designates use permitted in district so marked.
NO
Designates use prohibited in district so marked.
S
Indicates use may be approved in the district
so marked when in compliance with the provisions
established under Section 23.
PUD
Designates Planned Unit Development
69
SYHBOL SD R-1 R-2 R-3 R-q HF BH OP NS GB C B-1 H-2
PRIHAEY AGRICULTURE USES
AGRICULTURAL YES YES YES YES YES YES YES YES YES YES YES YES YES
F!ELO CROPS
AGRICULTURAL YES S S S S S S S S S S YES YES
ANIHAL HUSBANDRY
ORCHARD YES YES YES YES YES YES YES YES YES YES YES YES YES
UNSCHEDULED AND
NEW AGRICULTURAL S S S S S S S S S S S S S
USES
PRIHAEY RESIDENTIAL USES
SINGLE FAHI LY
DWELLING S YES YES YES YES YES S S NO NO NO NO NO
DETACHED
SINGLE FAHILY
DWELL I NG-ATTACHED NO NO NO NO PUD YES NO S NO NO NO NO NO
TOWN HOUSES
TWO FAHILY NO NO NO NO NO YES NO S NO NO NO NO NO
DWELL I NO
HULTI- FAHI LY NO NO NO NO NO YES NO NO NO NO NO NO NO
DWELL I NG
BOARDING OR NO NO NO NO NO YES NO S NO YES YES NO 'NO
ROOHI NG HOUSE
APARTHENT NO NO NO NO NO YES NO S NO YES YES NO NO
HOTEL
PATIO HOBES NO NO NO PUD YES YES S S NO NO NO NO NO
7O
SCHEDULE ~ ~ ~ ~ ~ o ~ zo ~ ~-- < < ~
<u z z z z ~z ~u o~u ~ ~ ~ ~
SYMBOL SD R-] R-2 R-3 R-~ MF MH OP NS GB £ M-I M-2
HOTEL OR MOTEL NO NO NO NO NO NO NO YES NO YES YES NO NO
MOBILE HOME NO NO NO NO NO NO YES NO NO NO NO S S
UNSCHEDULE AND
NEW RESIDENTIAL NO NO NO NO PUD PUD PUD S NO NO NO NO NO
USES
ACCESSORY AND INCIDENTIAL USES
ACCESSORY
S YES YES YES YES YES YES YES YES YES YES YES iYES
BUILDING
SOCIAL AND
RECREATIONAL NO S S S S YES YES YES YES YES YES YES YES
BUILDING
FARM ACCESSORY
YES S S S S S S S S S YES YES YES
BUILDING
OFF-STREET
PARKING NO YES YES YES YES YES YES YES YES YES YES YES YES
INCIDENTAL TO
MAIN USE
SERVANT, CARE-
TAKERS OR S YES YES YES YES YES YES YES YES YES YES S S
SECURITY
OUARTERS
S~IMMING POOL
(PRIVATE) S YES YES YES YES YES YES YES YES YES YES YES YES
INSTITUTIONAL AND SPECIAL SERVICE USES
CHURCH
S YES YES YES YES YES S S S S S NO NO
RECTORY
CIVIC
NO NO NO NO NO NO NO S YES YES YES NO NO
CENTER
71
SCHEDULE < < < < ~ o ~ ,zo ~ ~-- <
OF USES ~ j j j J j j J J -- J J U N ~ ~--~ ~ ~ ~
SYHBOL SD R-] R-2 R-3 R-~ HF Nh OP NS GB C
CONVENT OR S NO NO NO NO YES NO NO NO NO NO NO NO
NONASTERY
DAY NURSERY OR NO S S S S S NO YES YES YES YES NO NO
KINDERGARTEN
FRATERNITY
SO~ORITY LODGE NO S S S S S NO YES YES YES YES NO NO
OR CIVIO CLUB
(NO LI OUOR)
HOME FOR ALCOHO-
LIC, NARCOTIC OR NO NO NO NO NO S NO S NO S S NO NO I
PSYCHIATRIC
PAT 1 ENTS
HOSP I TAL
(GENERAL ACUTE NO NO NO S 'NO S NO S YES YES YES NO NO
CA~E)
HOSPITAL NO NO NO S NO S NO S YES YES YES NO NO
(CH~ON~ C CAR~)
INSTITUTIONS OF
RELIGIOUS OR S S S S S S S YES YES YES YES NO NO
PHi LATHROPI C
N~TIIRF
LIBRARY, ART
GALLERY OR NO NO NO NO NO S NO YES YES YES YES NO NO
MUSEUM
PUBLIC ADMINIS- S S S S S S S YES YES YES YES YES ~YES
TRATION OFFICES
RESIDENCE HOME
NO NO NO NO NO S S S NO YES NO NO NO
FOR AGED
SCHOOLS, PRIVATE,
COLLEGE OR S S S S S YES S YES YES YES YES NO NO
UNIVERSITY
SCHOOLS, PUBLIC
S S S S S .YES S YES YES YES YES NO NO
OR PAROCHIAL
UNSCHEDULED AND
NEW INSTITUTIONAL S S S S S S S S S S S S S
USES
72 :
SYMBOL SD R-1 R-2 R-3
UTILITY AND RELATED SERVICE USES
ELECTRICAL
SUBSTATION S S S S S S S S S S S S S
ELECTRIC POWER
GENERATING PLANT S NO NO NO NO NO NO NO NO NO S S S
FIRE STATION S S S S S S S YES YES YES YES YES YES
GAS TRANSMISSION
AND METERING S S S S ,S S S S S S S S S
STATION
LOCAL UTILITY
DISTRIBUTION YES YES YES YES YES YES YES YES YES YES YES YES YES
LINES
RADIO OR TELEVI-
SION OR MICROWAVE NO NO NO NO NO S NO S S YES YES YES YES
TOWERS
(COMMERCIAL)
RADIO OR TELEVI
SION TRANSMITTING .
STATION NO NO NO NO NO NO NO S YES YES YES YES YES
(COMMERCIAL) ,.
SEWAGE
PUMPING S S S S S S S S S S S S S
STATION
SEWAGE
TREATMENT S S S S S S S S S S YES YES YES
PLANT
RAILROAD TRACKS
AND RIGHT-OF-WAY S S S S S S S S S S S S S
RAILROAD TEAM
TRACK OR NO NO NO NO NO NO NO NO NO NO YES YES YES
FREIGHT DEPOT
TELEPHONE
BUSINESS NO NO NO NO NO NO NO YES YES YES YES YES YES
OFFICE
73
SCHEDULE < < < < ~2 o ~- zo ~- ~-- < < <
OF USES ~ ~ j j j j j j J J -- J J u~ E ~--~ ~ ~ ~ >~
SYMBOL SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 iM-2 !
TELEPHONE EX-
CHANGE SWITCHING S S S S S S S S S S S S S ~
RELAY AND TRANS- I
MITTING EQUIPMENT; '
PUBLIC UTILITIES
OTHER THAN S S S S S S S S S S S S S
L I STED
UTILITY SHOPS OR
STORAGE, YARDS NO NO NO NO NO NO NO NO NO S YES YES YES
AND BUILDING
WATER TREATMENT S S S S S S S S S S YES YES YES
PLANT
WATER-WELL,
RESERVOIR, PUMP- S S S S S S S S S S S S S
lNG STATION OR
STORAGE
UNSCHEDULED AND
NEW UTILITY AND S S S S S S S S S S S S S
RELATED SERVICE
ENTERTAINMENT AND RECREATIONAL USES
AMUSEMENT,
COMMERCIAL S NO NO NO NO NO NO S YES YES ~YES YES YES
OUTDOOR- INDOOR , ,
COUNTRY CLUB S S S S S YES YES YES YES YES YES YES YES
DRAG STRIP NO NO NO NO NO NO NO NO NO NO S S S
FAIRGROUNDS NO NO NO NO NO NO NO NO NO NO YES YES YES
PARK
YES YES YES YES YES YES YES YES YES YES YES YES YES
PLAYGROUND
PRIVATE CLUB NO NO NO NO NO S S S YES YES YES YES YES
74
SCHEDULE
SYHBOL SD R-I R-2
RECREATION
NO NO NO NO NO S S S YES YES YES YES YES
CENTER
TENNIS OR
NO S S S S YES YES YES YES YES YES YES YES
S~IH CLUB
UNSCHEDULED AND
NEW RECREATIONAL S S S S S Yes YES YES YES YES YES YES YES
USES
AUTOHOBILE RELATED SERVICE USES
AUTO £AR~ASH NO NO NO NO NO NO NO NO YES YES YES YES YES
AUTO SALES AND
REPAIR (iNt NO NO NO NO NO NO NO NO NO YES YES YES YES
BUILDING)
AUTO SALES, NE~
O~ USED CAR lot NO ~0 ~0 NO NO NO NO NO NO YES YES YES YES
(OPEN)
AUTO PAINTING
AND BODY SHOP NO NO NO NO NO NO NO NO NO NO YES YES YES
GASOLINE SERVICE
NO NO NO NO NO NO NO NO YES YES YES YES YES
STATION
PARKING LOT OR
STRUCTURE, NO NO NO NO NO NO NO YES $ YES YES YES YES
GOHHERCIAL-AUTO
PARKING LOT -
NO NO NO NO NO NO NO NO NO NO YES YES YES
TRUCK STORAGE
SALE USED AUTO
PARTS IN BUILDING NO NO NO NO NO NO NO NO NO NO YES YES YES
SALE NEW AUTO
ACCESSORIES AND NO NO NO NO NO NO NO NO NO YES YES YES Y~S
PARTS, IN
75
SCHEDULE < < < < ~ o ~ zo ~ ~-- < < <
SYBBOL SD R-1 R-2 R-3 R-h ~F HH OP NS 6B 6 ~-1 M-2 f-
SEAT COVER OR
BUFFLER INSTAL- NO NO NO NO NO NO NO NO NO YES YES YES YES
LATION SHOP
TIRE RETREADING NO NO NO NO NO NO NO NO NO NO YES YES YES
AND CAPPING -
\~ECKING OR SAL-
VAGE YARD FOR NO NO NO NO NO NO NO NO NO NO NO S YES
AUTOS OR PARTS
U~SCHEDULED AND
NE~ AUTOBBILE NO NO NO NO NO NO NO NO YES YES YES YES YES
RELATED USES
RETAIL AND BUSINESS SERVICES
ANTIQUE SHOP NO NO NO NO NO NO NO YES YES YES YES YES YES
ART SUPPLY NO NO NO NO NO NO NO YES YES YES YES YES YES
STORE
AN~AL CLiNiC OR
PET HOSPITAL NO ~0 NO ~0 NO NO NO ~0 NO S YES YES YES
(NO OUTS~BE PENS)
BANK OR SAVINGS NO NO NO NO NO ~0 NO YES YES YES YES YES YES
AND LOAN OFFICE
BOOK AND
STATIONERY STORE NO NO NO NO NO NO NO YES YES YES YES YES YES
BARBER AND
BEAUTY SHOP NO NO NO NO NO NO NO YES YES YES YES YES YES
BAKERY OR CONFEC-
TIONERY SHOP NO NO NO NO NO NO NO YES YES YES YES YES YES
(RETAIL SALES) ~
CAFE,
CATETERIA OR NO NO NO NO NO NO NO YES YES YES YES YES YES
RESTAURANT ~
~6
z
0
SCHEDULE
SYMBOL SD R-I R-2 R-3 R-4 MF MH OP NS GB C M-I :M-2
CAMERA SHOP NO NO NO NO NO NO NO YES YES YES YES YES iYES
CLEANING SHOP
OR LAUNDRY NO NO NO NO NO S S NO YES YES YES YES YES
(LIMITED AREA)
CLEANING OR
LAUNDRY PICK-UP NO NO NO NO NO NO NO NO YES YES YES YES YES
STATION
CLEANING OR
LAUNDRY SELF- NO NO NO NO NO YES YES NO YES YES YES YES YES
SERVICE SHOP
CLINIC, MEDICAL
OR DENTAL NO NO NO NO NO NO NO YES YES YES ~YES YES YES
DRUG STORE OR
NO NO NO NO NO NO NO YES YES YES YES YES YES
PHARHACY
DEPARTMENT STORE
OR DISCOUNT
HOUSE NO NO NO NO NO NO NO NO NO YES YES YES YES
SUPERMARKET NO NO NO NO NO NO NO NO NO YES YES YES YES
CONVENIENCE
STORE NO NO NO NO NO NO NO YES YES YES YES YES YES
FURNITURE OR
APPLIANCE STORE NO NO NO NO NO NO NO NO NO YES YES YES YES
FLORIST SHOP AND
INSIDE PLANT NO NO NO NO NO NO NO YES YES YES YES YES YES
SALES
GARDEN SHOP AND
OUTSIDE PLANT NO NO NO NO NO NO NO NO NO YES YES YES YES
SALES
HANDCRAFT AND
ART OBJECT SALE NO NO NO NO NO NO NO YES YES YES YES YES YES
77
SCHEDULE
OF USES
SYMBOL SD
HARD~ARE STORE NO NO~ NO NO ~0 NO ~0 NO NO YES YES YES YES
HOBBY SHOP BO NO NO NO NO NO NO NO YES YES YES YES YES
KEY SHOP NO ~0 ~0 ~0 ~0 ~0 NO ~0 YES YES YES YES YES
LABORATORY
MEDICAL OR ~0 ~0 NO ~0 ~0 ~0 ~0 YES YES YES YES YES YES
DENTAL
LETTER OR
COPY NO NO NO ~0 NO NO NO YES YES YES YES YES YES
SHOP
MEDICAL APPLi-
ANCES, FITTING NO NO NO NO NO NO NO YES YES YES YES YES YES
AND SALES
MORTUARY,
CEMETERY NO NO NO biO NO NO NO NO NO YES YES YES YES
OFFICE OR
PROFESSIONAL NO NO NO NO NO NO NO YES YES YES YES YES YES
OPTICAL SHOP
NO NO NO NO NO NO NO YES YES YES YES YES YES
OR LABORATORY
PAC~GE STORE NO NO NO NO NO NO NO NO YES YES YES YES YES
PAWN SHOP NO NO NO NO NO NO NO NO NO YES YES YES YES
PET SHOP - SHALL
ANIMALS, BIRDS NO NO NO NO NO NO NO NO YES YES YES YES YES
OR FISH
PERSO[~AL CUSTOH
SERVICES, TAILOR, NO NO NO NO NO NO NO YES YES YES YES YES YES
HILLtNERY, ETC.
78
SCHEDULE ~ ~ ~ ~ ~ ~ ~ ~ ~ -- ~ ~ ~ ;~ ~ o ~ J ~ ~ ~
<u z z z z ~z -- ~u o~u ~ u ~ ~
~ z~ z~ z~ z~ ~ ~ ~ ~o ~ --~ z ~ ~ ~
SYMBOL SD R-! R-2 R-3 ~-~ HF BH OP NS GB C M-~ M-2
RETAIL SHOPS.
APPAREL, ACCES- NO NO NO NO NO NO HO YES YES YES . YES YES YES
SORIES, GIFTS
AND,SIMILAR ....
REPAIR OF APPLI-
ANCES, T.V., NO NO NO NO NO NO NO NO YES YES YES YES YES
RADIOS AND SIMI-
LAR EQUIPMENT
SHOE REPAIR NO NO NO NO NO NO NO NO YES YES YES YES YES
SIGN MANUFACTUR-
ING BUSINESS NO NO NO NO NO NO NO NO NO YES YES YES YES
SIGNS, (BILL-
BOARDS) NO NO NO NO NO NO NO NO NO YES YES YES YES
ADVERTISING
SIGNS, POLE TYPE
(ON PREMISE) NO NO NO NO NO NO NO S YES YES YES !YES YES
SIGNS, CHURCH
YES S S S S YES YES YES YES YES YES YES .YES
AND SCHOOL
.SIGNS, REAL ,
ESTATE YES YES YES YES YES YES YES YES YES YES YES YES YES
STUDIO, PHOTO-
GRAPHER, ARTIST, NO NO NO NO NO NO NO YES YES YES YES YES YES
MUSIC, DRAMA,
DANCE
STUDIO, HEALTH
REDUCING OR NO NO NO NO NO NO NO S YES YES YES YES YES
SIMILAR SERVICE
STUDIO, DECORATOR I
AND DISPLAY OF NO NO NO NO NO NO I NO YES YES YES YES YES YES
ART OBJECTS
TAVERN NO NO NO NO NO NO NO NO NO YES YES YES YES
TRAVEL BUREAU
NO NO NO NO NO NO HO YES YES YES YES YES YES
OR CONSULTANT
SYMBOL SD R-] R-2 R-3 R-4 ¥1F NH OP NS GB C M-] M-2
VETERINARIAN,
OFFICE (NO ANIMAL NO NO, NO NO NO NO NO NO YES YES YES YES YES
HOSPITAL OR OUT-
SIDE P~NS)
VARIETY STORE NO NO NO NO NO NO NO NO YES YES YES YES YES
UNSCHEDULED AND
NEW BUSINESS NO NO NO NO NO NO NO S S S S S S
SERVICE USES
COMMERCIAL AND RELATED SERVICE USES
BAKERY, CANNERY
WHOLESALE NO NO NO NO NO NO NO NO NO S YES YES YES
BUILDING
MATERIAL NO NO NO NO NO NO NO NO NO S YES YES YES
SALES
CABINET OR
UPHOLSTERY NO NO NO NO NO NO NO NO NO S YES YES YES
su. oP
CLOTHING MANUFAC-
TURE OR SIMILAR NO NO NO NO NO NO NO NO NO NO YES lES YES
LIGHT MANUFAC-
TIlRIN~ PRnrY~
CLEANING, DYEING
OR LAUNDRY PLANT, NO NO NO NO NO NO NO NO NO NO NO :YES ~YES
COMMERCIAL
CONTRACTORS
STORAGE OR NO NO NO NO NO NO NO NO NO S NO YES lES
EQUIPMENT YARD
DANCE HALL OR
NO NO NO NO NO NO NO NO NO S YES YES YES
NIGHT CLUB
DRIVE-IN
NO NO NO NO NO NO NO NO NO S YES YES YES
THEATER
HEAVY MACHINERY
SALES, STORAGE NO NO NO NO NO NO NO NO NO NO S YES YES
AND REPAIR
80
SCHEDULE ~ ~ ~ ~ ~ ~ ~ ~ ~ -- ~ ~ ~ ~ ~ o ~J ~ ~
<0 Z Z Z Z ~Z -- ~U 0~0 J~ U ~
SYHBOL SD R-1 R-2 R-3 R-q MF MH OP NS GB C M-I M-2
STORAGE ~ND
OPEN
SALE OF FURNITURE NO NO NO NO NO NO NO NO NO NO YES YES YES
APPLIANCES
LITHOGRAPHER OR
NO NO NO NO NO NO NO NO NO YES YES YES YES
PRINT
SHOP
MILK DEPOT,
DAIRY OR ICE NO NO NO NO NO NO NO NO NO NO YES YES YES
CREAM PLANT
MAINTENANCE AN'D
REPAIR SERVICE
FOR BUILDING NO NO NO NO NO NO NO NO NO NO YES YES YES
LABORATORY, -----~
SCIENTIFIC OR NO NO NO NO NO NO NO S S S YES YES YES
RESEARCH
LABO RATO RY,
MANUFACTURING NO NO NO NO NO NO NO NO NO NO YES YES YES
BLUEPRINTS NO NO NO NO NO NO NO YES NO YES [YES ~YES YES
PLUMBING SHOP NO NO NO NO NO NO NO NO NO NO YES YES YES
RAILROAD OR BUS
PASSENGER NO NO NO NO NO NO NO NO NO YES YES YES YES
STAT I ON
~AILROAD TEAM
TRACKS, FREIGHT
NO NO NO NO NO NO NO NO NO NO NO YES YES
DEPOT OR DOCKS
STORAGE AND
HINI-WAREHOUSE NO NO NO NO NO NO i NO NO NO NO YES YES YES
TRADE OR ----
COHHERCIAL NO NO NO NO NO NO NO NO NO S YES YES YES
SCHOOLS
TRAILER AND *
HOBILE HO~E
SALES OR RENTAL NO NO NO NO NO NO NO NO NO NO YES YES YES
* NO RESTRICTIC. N ON NUHBER OF UNITS ON THE SALES LOT. RENTALS ARE FOR '~OFF-SITE" USE ONLY.
81
SYMBOL SD R-I R-2 R-3 R-4 MF MH OP NS GB C M-I ~i-2
TP, ANS FER STORAGE
AND BAGGAGE NO NO NO NO NO NO NO NO NO NO YES YES YES
TERM I IIAL
VETERiNARiAN
HOSPITAL OR NO NO NO NO NO NO NO NO NO NO YES YES YES
KENNEL
WELD I NG OR
NO NO NO NO NO NO NO .NO NO NO S YES YES
MACHINE SHOP
WHOLESALE OFFICE
NO NO NO NO NO NO IlO IlO NO NO YES YES YES
STORAGE OR SALES
STORAGE & SALE
LIQUIFIED NO NO NO NO NO NO NO NO NO NO S YES YES
PETROLEUH
PIPE
NO NO NO MO NO NO NO NO NO NO NO YES YES
STORAGE YARD
PIPE PROCESSI HG NO NO NO NO NO NO NO NO NO NO NO S ,YES
BULK STORAGE OF
~PETROLEUM PROD- NO NO NO NO NO NO NO NO NO NO S ·YES YES
UCTS (WHOLESALE)
UNSCHEDULED AND
NEW CO~'~HERC I AL NO NO NO NO NO NO NO NO NO NO S S S
USES
INDUSTRIAL AND RELATED USES
LIGHT MANUFAC-
TURING PROCESS NO NO NO NO NO NO NO NO NO NO NO 'YES YES
CLASS A
FOLLOWI HG USES
(TEHPORARY PLANTS PERHITTED BY
RESOLUTION OF CITY COUNCIL)
AIRPORT, HELIPORT
OR LANDtHG S NO NO NO NO NO NO S S S S S S
FI ELD
82
SCHEDULE
SYHBOL SD
ASPHALT OR
CONCRETE NO NO NO NO NO NO NO NO NO NO NO NO YES
BATCHING PLANTS
STORAGE OF SHELL
SPOIL, SAND AND NO NO NO NO NO NO NO NO NO NO NO NO YES
GRAVEL
COB~ERCIAL
EXTRACTION OF NO NO NO NO NO NO NO NO NO NO NO NO YES
SOIL, SAND,
~ND GRAVFI
STORAGE OF P'RO-
CESSING OR SUL- NO NO NO NO NO NO NO NO NO NO NO NO YES
FUR, CEMENT OR
51MllAR MATFRI Al
MANUFACTUR I NG ,
INDUSTRIAL STOR-
AGE OR ASSEMBLY
PROCESS NOT PRO-
HIBITED BY LAW NO NO NO NO NO NO NO NO ~]O NO N0 NO YES
BY EXCLUDING
THOSE LISTED IN
SECTION ]5
WRECKING OR
SALVAGE YARD NO NO NO NO NO NO NO NO NO NO NO NO YES
(AUTO, STEEL)
WRECKING OR
SALVAGE YARD NO NO NO NO NO NO NO NO NO NO NO S YES
(BUILDING
MATER I AL)
REFUSE DUMP
AND SANITARY NO NO NO NO NO NO NO NO NO NO NO S S
LANDFILLS
83
TABLE IV
PASSENGER AND MERCHANDISE LOADING SPACES
A. MERCHANDISE LOADING SPACE REQUIREMENTS
GROSS FLOOR AREA -- SQUARE FEET
SPACES REQUIRED
10,000 up to and including 25,000 l
25,001 up to and including 40,000 2
40,001 up to and including 100,000 3
lO0,O01 up to and including 160,000 4
160,001 up to and including 240,000 5
240,001 up to and including 320,000 6
320,001 up to and including 400,000 7
and
For each additional 90,000 over 400,000 ..................... 1
B. PASSENGER LOADING SPACE REQUIREMENTS: Marked off-street passenger loading
spaces shall be required for the following enumerated use classes in lieu
of the above merchandise loading spaces.
NUMBER OF REQUIRED ADDITIONAL
USE LOADING SPACES FOR EACH REQUIREMENTS
(1) Day-Care Center
1st 20 children
1 for each
additional 20
students
(2) Educational
(a) Pre-School and t 2 classrooms
Kindergartens
(b) Elementary School 1 2 classrooms
(c) Junior High 1 4 classrooms
(d) Senior High 1 12 classrooms
(e) Colleges 1 Building
84
NUMBER OF REQUIRED ADDITIONAL
USE LOADING SPACES FOR EACH REQUIREMENTS
Health Facilities
(3)
(a) General hospital, 3 Each patient care
convalescent home building
or sanitarium
(b) Outpatient, medical ! 2 physicians
or dental clinic
(4) Motels and Hotels 2 Minimum
I for each 60
rooms
(5) Places of Public Assembly
Churches, school audi-
toriums, fellowship halls,
theaters, mortuaries,
transportation waiting
rooms, etc.
1 1st 400 seats
for each
additional
1000 seats
(6)
Recreation and Cultural
Foci 1 ities
(a) Amusement park 1 I acre of
(b) Bowling alley 1 24 lanes
(c) Skating Rink or 1 Minimum
dance hal 1
(d) Swimming pools t Minimum
(e) Museum and Library 1 MTn[mum
parking
(7) Restaurants or Food
Services
1 200 seats
85
tJJ
TABLE VI
SCHEDULE OF OFF-STREET PARKING STANDARDS
NUMBER OF REQUIRED FOR
USE PARKING SPACES EACH REQUIREMENTS
(1) RESIDENTIAL
(a) Single family dwelling 2 Dwelling Unit 1 additional for
each bedroom over
3
(b) Townhouse, duplex, 2
quadruplex or condominium
Dwel Iing unit
(c) Apartment, apartment 2 Dwelling unit
hotel
(d) Boarding or rooming 1.1
house
(e) Hotel, motel or tourist 1.1
court
(f) Mobile home or house
trailer
(i) Mobile home 2
(g) Dormi tory
(ii) Travel trailer 1
Rooming unit
Guest room or
residence unit
Lot, plot, tract
or stand
Lot, plot, tract
or stand
Two (2) occupants
per designed
occupancy
! additional for
each bedroom over
3
1 additional for
each bedroom over
2
(2)
INSTITUTIONAL AND SPECIAL
(a) Community center
(b) School - Elementary &
Junior High School
High School
(c) Place of public
assembly
(d) College or university
125 sq. ft. of
floor area
500 sq. ft.
250 sq. ft.
4 seats
165 sq. ft.
87
(e)
NUMBER OF REQUIRED FOR. ADDITIONAL
USE PARKING SPACES EACH REQUIREMENTS
Church I 5 seats in sanctu-
ary or auditorium
(f) Kindergarten, day 1
nursery, day care
(g) Hospital 1
(h) Home for the aged and 1
convalescent home
(i) Library
(j) Mortuary, funeral chapel
500 sq. ft.
2 beds
4 beds
500 sq. ft. of
'public area
4 seats in chapel
(3) RECREATION, SPECIAL AND ENTERTAINMENT
(a) Theater
(b) Bowling alley
(c) Pool halls, coin-machine
arcades, other commercial
amusements (indoor)
(d) Commercial amusements
(outdoor)
(e) Lodge, fraternal
organization
3 seats
Lane
125 sq. ft. of
floor area
500 sq. ft. of site
area exclusive of
buildings
50 sq. ft. of
floor area
(4) PERSONAL SERVICE AND RETAIL
(a)
(d)
Personal service, shop (except
Barber & Beauty Shops)
Beauty Shops'& Barber Shops
Retail stores or shops
(inside)
Outside retail sales
(e)
Coin-operated or
self-serve laundry
or dry cleaning
125 sq. ft. of
floor area
50 sq. ft.
200 sq. ft. of
floor area
500 sq. ft. of site
area exclusive oF
buildings
Machine
88
NUMBER OF REQUIRED FOR ADDITIONAL
USE PARKING SPACES EACH REQUIREMENTS
(5)
FOOD AND BEVERAGE SERVICES (Separate Buildings Only)
(a) Fast Food ServiCe i
(b) Drive-in eating
establ i shment
(c)
Cafe, Restaurant,
Cafeteria, and all
other eating or drink-
ing establishments
75 sq. ft. of
f 1 oor a rea
50 sq. ft. of
f 1 oor a rea
125 sq. ft. of
floor area
Minimum of
8 spaces
Minimum of
12 spaces
(6)
BUSINESS SERVICES
(a) Bank
(b)
Savings & loan or
similar institution
(c) Medical, or dental clinic
or office
(d) OCher office, business
or professional
200 sq. ft. of
floor area
200 sq. ft. of
floor area
t50 sq. ft. of
floor area
200 sq. ft. of
floor area
(7)
AUTOhiOTIVE AND EQUIPMENT
(a) Service station
(b)
Auto repair, garage or
shop (indoor)
(c) Vehicle or machinery
sales
(d) Car wash
125 sq. ft. of
floor area
500 sq. ft. of
floor area
500 sq. ft. of
floor area
125 sq. ft. of
floor area
Minimum of 4
spaces
Minimum of 5
spaces
Plus one per I000
sq. ft. of site
area exclusive of
building and park-
ing
~9
NUMBER OF REQUIRED FOR ADDITIONAL
USE PARKING SPACES EACH REQUIREMENTS
(8) STORAGE, WHOLESALE AND MANUFACTURING
(a) Brick or lumber yard
or similar area
(b) Open storage of sand,
gravel, petroleum
(c) Warehouse'& enclosed
(d) Manufacturing operations
1 ~00 sq. ft.
of site area
1 ~00 sq. ft. of
site area
1 3000 sq. ft.
of floor area
1 500 sq. ft. of
floor area
(9) (a)
Shopping Centers, Malls and
Multi-occupancy uses over
3 acres
1 200 sq. f~. of
floor area
(10) (a) Any other use
1 165 sq. ft. of
floor area
(11) (a) Multi Use occupancy
1 165 sq. ft. of
floor area
90
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