Ord. 2000-T-11 2009-07-13ORDINANCE NO. 2000-T-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF
THE UNIFIED DEVELOPMENT -CODE OF THE CITY,
SPECIFICALLY REGARDING REDUCTIONS IN M-1 AND M-2
DEVELOPMENT REQUIREMENTS, CHANGE IN PARKING
REQUIREMENT, ACCESSORY STRUCTURES, AND POOLS,
ETC.; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, on the 15th day of June, 2009, a Joint Public Hearing was
held before the Planning and Zoning Commission and the City Council of the City
of Pearland, Texas, notice being given by publication in the official newspaper of
the City, the affidavit of publication being attached hereto and made a part hereof
for all purposes as Exhibit "C", said call and notice being in strict conformity with
provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15th day of June, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City
Council regarding the proposed amendments to the Unified Development Code,
whereby the Commission recommended approval of the amendments, said
recommendation attached hereto and made a part hereof for all purposes as
Exhibit "B"; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
ORDINANCE NO. 2000-T-11
Section 1. That certain provisions of the Unified Development Code are
hereby amended as shown in Exhibit "A" attached hereto and made a part hereof
for all purposes.
Section 2. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall
cause this Ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall become effective immediately upon final passage.
Page 2 of 3
Ord No 2000T-11
ORDINANCE NO. 2000-T-11
PASSED and APPROVED ON FIRST READING this the 13tH day of July,
2009.
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TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
27tH day of July, 2009.
ATTEST:
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
JULY 27. 2009
Voting "Aye" - Councilmembers Owens, Sherman, Kyle,
Saboe, and Cole.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: July 29, 2009
EFFECTIVE DATE: August 7, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Page 3 of 3
Ord No 2000T-11
ATTEST:
Exhibit "A"
Amended Text
Ordinance No. 2000-T-11
Section 1.1.3.4 Authority for Deciding Applications
(a) Final Decision-Maker for Quasi-Judicial Applications. The Planning and Zoning
Commission shall finally decide the following types ofquasi-judicial applications:
(1) An application for a Subdivision Master Plat;
(2) An application for a Preliminary Subdivision Plat or Preliminary Development
Plat;
(3) An application for a Final Subdivision Plat or Final Development Plat, for
which no Preliminary Subdivision Plat or Preliminary Development Plat,
respectively, has been approved;
(4) An application for a replat; and
(5) A request for a variance from the requirements of Chapter 3.
(b) Final Decision-Maker for Administrative Applications. The Planning and Zoning
Commission shall finally decide the following types of administrative applications:
(1) An application for a Final Subdivision Plat or Final Development Plat for
which a Preliminary Subdivision Plat Preliminary Subdivision Plat or
Preliminary Development Plat, respectively, has previously been approved;
and
(2) An application for an amending plat that has been forwarded by the Planning
Director.
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Section 1.1.4.3 Authority for Deciding Appeals and Relief Petitions
(a) Appellate Authority. The City Council shall finally decide appeals on the following
development applications and relief petitions:
(1) A vested rights petition filed in conjunction with an application for which the
City Council is the final decision-maker;
(2) An impact fee appeal that has been forwarded by the City Manager.-; and
(3) A sign permit (refer to Section 4.1.2.6).
(b) Petitions for Relief. The City Council shall finally decide the following petitions for
relief:
(1) Petition for relief from a dedication or construction requirement.
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Section 2.2.3.3 Processing of Application and Decision
(a) Hearing and Notification. The Director shall schedule a public hearing before the
Planning and Zoning Commission and the City Council on the application for a
Conditional Use Permit, and shall cause personal notice to be given in accordance
with Section 1.2.2.2.
(b) Commission Decision. The Planning and Zoning Commission and City Council
shall jointly conduct a public hearing on the application in accordance with Article 2,
Division 3 of Chapter 1. The Planning and Zoning Commission shall make a
recommendation of approval or denial of the requested CUP to the City Council, who
shall be the final decision maker regarding whether to approve, approve with
conditions or modifications, or deny the permit.
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Section 2.2.4.6 Expiration Extension and Reinstatement
(a) Expiration. If a preliminary subdivision plat has not been approved for land subject
to the Cluster Development Plan within one (1) year from the date of approval, the
Plan shall lapse and no application for plat approval, or application for approval of a
Cluster Development Plan on another phase of the development shall be accepted
for filing thereafter, unless the Cluster Development Plan is reinstated.
(b) Extension and Reinstatement. The Planning and Zoning Commission may extend
the time of expiration for or reinstate a Cluster Development Plan for a period not to
exceed one year, in accordance with the procedures in Article 2, Division 5 of
Chapter 1.
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Section 2.2.5.2 Variances
(a) Purpose, Applicability and Effect.
(1) The purpose of a variance is to vary one or more zoning standards made
applicable to a use authorized under this Chapter. A variance application shall
not be used as a means of amending the text of the City's zoning regulations or
of changing a zoning district classification of the property for which the variance
is sought. A variance application cannot be used as a means to contest the
applicability of a standard to a development application, an exemption
determination, or a decision on a development application.
(2) A variance application is applicable only within the City limits of Pearland.
(3) The granting of a variance petition in whole or in part authorizes the petitioner
to submit a development application that complies with the standard as varied
or modified, and authorizes the decision-maker to evaluate the application
using the varied standard, for the duration of the variance.
(4) Variances from the requirements of Chapters 2, 4, and 5 shall be decided by
the Zoning Board of Adjustments, and variances from the requirements of
Chapter 3 shall decided by the Planning and Zoning Commission.
(b) Application Requirements.
(1) A variance application shall contain a detailed written statement of the reasons
why the standards to be varied should not be applied to the use identified in the
application, and shall be accompanied by the fee established by the City
Council. The application also shall be accompanied by illustrations or other
documents showing the effect of the requested variance on the proposed
development.
(2) A variance application shall be filed with the Zoning Board of Adjustment. No
development application that is dependent upon approval of the pending
variance application shall be accepted for filing until a final decision has been
reached on the variance application.
(3) An application for a variance to a use in a zoning district for which an
application for a zoning amendment is pending may not be accepted for filing
until a final decision has been reached on the zoning amendment.
(4) A variance application may not be accepted for filing until a plat of the property
has been approved, unless determined otherwise by the Planning Director.
(c) Processing of Petitions and Decision.
(1) The Zoning Board of Adjustment shall conduct a public hearing on the variance
application in accordance with Chapter 1. Personal notice shall be provided in
accordance with Chapter 1, Article 2 of this UDC.
(2) The Zoning Board of Adjustment shall approve, conditionally approve, or deny
the variance application.
(3) A variance application shall be decided within forty-five (45) days of the official
filing date, unless the application is tabled or there is a lack of quorum. In
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either case, the ZBOA shall then have an additional forty-five (45) days to
decide the application. Any additional time period that the ZBOA needs to
decide an application must be agreed upon by the applicant, and the ZBOA
shall decide the application within the agreed-upon timeframe.
(4) The applicant for a variance bears the burden of proof to demonstrate that a
variance to the standards applicable to a particular use should be granted.
(5) The applicant shall be notified of the decision on the variance petition in the
manner provided in Chapter 1 of this UDC.
(d) Criteria for Approval. In deciding the variance application, the Board shall apply
the following criteria:
(1) There are special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land such that
the strict application of the provisions of this Code to the proposed use would
create an undue hardship or inequity upon or for the applicant, as distinguished
from a mere inconvenience, in developing the land or deprive the applicant of
the reasonable and beneficial use of the land;
(2) The circumstances causing the hardship do not similarly affect all or most
properties in the vicinity of the petitioner's land;
(3) The variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner;
(4) Granting the variance application will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area;
(5) Granting the variance application will not have the effect of preventing the
orderly use and enjoyment of other land within the area in accordance with the
provisions of this Code, or adversely affect the rights of owners or residents of
surrounding property;
(6) The hardship or inequity suffered by petitioner is not caused wholly or in
substantial part by the petitioner;
(7) The request for a variance is not based exclusively on the applicant's desire for
increased financial gain from the property, or to reduce an existing financial
hardship; and
(8) The degree of variance requested is the minimum amount necessary to meet
the needs of applicant and to satisfy the standards in this section.
(e) Expiration and Extension.
(1) A variance to a standard applicable to a particular use shall expire within 90
days of the date the variance petition is granted, unless the property owner or
applicant files a complete application for a building permit with the City within
such period. The Board may extend the time for filing the building permit
application for good cause shown, but in any event, the expiration date for the
variance shall not be extended beyond one (1) year from the date the variance
was granted.
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(2) If the building permit expires, the variance also shall expire. If the building
permit is extended, the variance also shall be extended.
Section 2.4.3.4 OT, Old Townsite District
(a) Purpose. The purpose of the Old Townsite District (OT) is to:
(1) Promote good building and streetscape design.
(2) Reinforce existing land use patterns and character.
(3) Categorize area into zoning districts as per the UDC with modifications.
(4) Promote downtown as a walkable, pedestrian friendly district.
(5) Promote multiple types of development and uses.
(6) Set forth general provisions and architectural regulations to ensure quality
of streetscape and building construction.
(7) Allow reduced parking ratios, shared parking and flexibility to encourage
re-use of existing buildings.
(8) Allow flexibility in building codes and facade requirements to encourage
relocation and re-use of existing buildings.
(9) Emphasize mixed uses and focus on the streetscape and public spaces
to create pedestrian-friendly mixed-use developments.
(b) Proposed Zoning Districts. The OT is comprised of three zoning districts -Old
Townsite General Business District (OT-GB), Old Townsite Single Family Dwelling
District (OT-R), and Old Townsite Mixed Use District (OT-MU).
(1) Old Townsite General Business District (OT-GB)
a. Development Standards. All development standards of the General
Business District (GB), Section 2.4.4.4 of the UDC shall apply, with the
following exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: For yards abutting Main Street and/or
Broadway Street required front yard shall be determined by the existing
street right of way. The minimum front yard required shall be such that
the front setback line is at a distance of sixty feet (60') from the centerline
of Broadway and/or Main Street. Zero feet (0') for yards abutting Main
Street and/or Broadway Street with one hundred and twenty feet (120')
right of way. Twenty-five feet (25') along other streets.
Minimum Rear Yard: Twenty feet (20'); Twenty-five feet (25') if abutting a
residential zoning district; seven and a half feet (7.5') if abutting an alley.
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
Maximum Height: None.
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b. Permitted Uses. All uses permitted in the GB zone, Section 2.4.4.4
of the UDC with the following exceptions:
Uses permitted in GB zone permitted on all floors, but required on
first floor even for parking structures unless institutional /
governmental uses are proposed.
Residential on upper floors allowed by a Conditional Use Permit
(CUP).
Institutional /governmental uses permitted with City's approval by
a CUP.
c. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with Section 2.5.3.1 of the UDC with the following
exceptions:
Minimum Front Setback -Accessory building shall be located
behind the front building setback line established by the primary
building.
Minimum Side Setback -Five feet (5').
Minimum Rear Setback -Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
d. Primary Building Street Facade. At least seventy five percent (75%) of
street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less than one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
e. Projecting Facade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approvals from the City
and in conformance with Development Guidelines specified below under
Section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
Outdoor Seating. Outdoor seating for restaurants, may be permitted,
as accessory and adjacent to the principal building, on sidewalks and
public ROW along City streets, as long as a minimum of three feet (3')
wide clear passageway is provided for pedestrians and subject to an
approval of a Conditional Use Permit (CUP). TXDOT approval shall be
required for state roads.
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g. Parking. On street parking shall be subject to the following:
1. No parking shall be permitted in the front yard.
2. Non-residential uses in existing structures may be permitted to
reduce by 50% the number of parking spaces required by the
UDC for that use. The number of parking spaces may be reduced
even further as determined by a traffic report and approved by the
City of Pearland. All new additions, and existing and new multi-
family uses, shall meet the parking requirements in chapter 4 of
the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as
the total number of parking spaces meet the requirements of
subsection 2 above for each use and all parking spaces as
required under subsection 2 above are located within five hundred
(500') of the building.
4. Stacked parking (parallel parking without the access aisle) for up
to 3 cars shall be permitted for existing residential uses being
converted to other non-residential use and where the converted
area does not exceed six hundred square feet (600 sq. ft.) of floor
area.
A stacking space shall be an area measuring eight feet (8') by
twenty feet (20').
Old Townsite Residential District (OT-R)
a. Development Standards.
Family Dwelling District (R-4),
the following exceptions:
All development standards of the Single
Section 2.4.2.8 of the UDC shall apply, with
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Twenty feet (20').
Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if
abutting an alley.
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
b. Permitted Uses. All uses permitted in R-4 district, townhomes and
duplexes.
All uses allowed in the OP district may be permitted with a Conditional
Use Permit; all institutional uses allowed by a Conditional Use Permit.
c. Common Open Space Required. Common open space, as defined in
section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and
multi family developments and shall meet the following requirements:
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In all areas where Multi-Family Dwelling units are constructed, there shall
be at least four hundred (400) square feet of common open space per
dwelling unit. Each common open space shall be within three hundred
(300) feet of all dwelling units it is intended to serve measured along a
route of pedestrian access. Each required common open space 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 counted toward the required common
open space. Off-street parking areas, service drives, and detention
facilities shall not be included in any calculation of required open space.
Minimum dimension of any common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with the requirements of Chapter 2.5.3.1 of the
UDC with the following exceptions:
Minimum Front Setback -Seventy-five feet (75').
Minimum Side Setback -Three feet (3').
Minimum Rear Setback -Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
e. Primary Building Street Facade. At least seventy five percent (75%)
of street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under Section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less that one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
Projecting Facade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approval from the City
and in conformance with Development Guidelines specified below under
section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
g. Outdoor Seating. Outdoor seating for restaurants, shall be permitted,
as accessory and adjacent to the building, on sidewalks and public ROW
along City streets, as long as a minimum of three feet (3') wide clear
passageway is provided for pedestrians and subject to an approval of a
Conditional Use Permit (CUP). TXDOT approval shall be required for
state roads.
h. Parking. On street parking shall be subject to the following:
1. No parking shall be permitted in the in the front yard.
2. Non-residential uses in existing structures may be permitted to
reduce by fifty percent (50%) the number of parking spaces required
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by the UDC for that use. The number of parking spaces may be
reduced even further as determined by a traffic report and approved
by the City of Pearland. All new additions, and existing and new
multi-family uses, shall meet the parking requirements in chapter 4
of the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as the
total number of parking spaces meet the requirements of subsection
2 above for each use and all parking spaces as required under
subsection 2 above are located within five hundred (500') of the
building.
4. Stacked parking for up to 3 cars shall be permitted for existing
residential uses being converted to other non-residential use and
where the converted area does not exceed six hundred square feet
(600 sq. ft.) of floor area. A stacking space shall be an area
measuring eight feet (8') by twenty feet (20').
(3) Old Townsite Mixed Use District (OT-MU)
a. Development Standards. All development standards of the General
Business District (GB) of the UDC shall apply, with the following
exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Zero feet (0').
Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if abutting an alley.
Minimum Side Yard: Five feet (5') for detached structures; 0 feet for attached structures
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
Maximum Height: Forty feet (40') or 3 stories, whichever is lesser.
b. Permitted Uses. All uses permitted in the Office and Professional
District (OP), Townhouse Residential District (TH), and Single Family
Dwelling District (R-4). Uses allowed in Multi Family District (MF) by a
CUP
c. Common Open Space Required. Common open space, as defined in
section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and
multi family developments and shall meet the following requirements:
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In all areas where Multi-Family Dwelling units are constructed, there shall
be at least four hundred (400) square feet of common open space per
dwelling unit. Each common open space shall be within three hundred
(300) feet of all dwelling units it is intended to serve measured along a
route of pedestrian access. Each required common open space 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 counted toward the required common
open space. Off-street parking areas, service drives, and detention
facilities shall not be included in any calculation of required open space.
Minimum dimension of any common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with the requirements of section 2.5.3.1 the UDC
with the following exceptions:
Minimum Front Setback -Accessory building shall be located
behind front building setback line established by the principal
building.
Minimum Side Setback -Three feet (3').
Minimum Rear Setback -Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
e. Primary Building Street Facade. At least seventy five percent (75%)
of street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under Section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less that one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty-five feet (25') wide
driveway to access the rear of the property.
Projecting Facade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with approval from City staff and in
conformance with Development Guidelines specified below under section
2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
g. Outdoor Seating. Outdoor seating for restaurants, shall be permitted,
as accessory and adjacent to the building, on sidewalks and public ROW
along City streets, as long as a minimum of three feet (3') wide clear
passageway is provided for pedestrians and subject to an approval of a
Conditional Use Permit (CUP). TXDOT approval shall be required for
state roads.
h. Parking. On street parking shall be subject to the following:
1. No parking shall be permitted in the in the front yard.
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2. Non-residential uses in existing structures may be permitted to
provide 50% of parking spaces required by the UDC for that use.
The number of parking spaces may be reduced even further as
determined by a traffic report and approved by the City of Pearland.
All new additions, and existing and new multi-family uses, shall
meet parking the requirements of the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as the
total number of parking spaces meet the requirements of subsection
2 above for each use and all parking spaces as required under
subsection 2 above are located within five hundred (500') of the
building.
4. Stacked parking for up to 3 cars shall be permitted for existing
residential uses being converted to other non-residential use and
where the converted area does not exceed six hundred square feet
(600 sq. ft.) of floor area. A stacking space shall be an area
measuring eight feet (8') by twenty feet (20').
(c) Development Requirements
All development requirements specified in the UDC will apply, with the following
additional requirements and exceptions:
1. Drive-Thru Facilities. New drive-thru windows should not be located on
the facade facing the primary streetscapes.
Drive-thru facilities shall not hinder pedestrian flow or adjacent buildings and their
functions.
2. Utilities.
a. For new building construction and significant building renovation (of over fifty
percent of the value of the existing building and improvements) all utilities
within the property shall be required to be underground, unless:
1. The utility is required to be above ground to operate properly, or
2. All above ground lines are located in the rear or other areas of the
property where they are not prominently visible from the front of the
property or any roadway, and all poles are wholly obscured, as
determined by the Planning Director.
b. Location of above ground utility equipment shall avoid conflict with pedestrian
movement and visually shield the equipment.
3. Building Elevations.
Rear facing buildings and loading docks are prohibited on street facades for the
following streets -Main, Broadway, Grand, Orange, Mykawa, Walnut, and
Galveston.
4. Concealed Equipment. All equipment shall be located in rear yards or
otherwise screened. Equipment shall include AC compressors and window and
wall units, electric and utility meters and boxes, irrigation and pump pools,
permanent barbecues, satellite dish antennas less than forty eight inches in (48")
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in height or diameter, loading docks, service areas, trash disposal facilities and
backflow devices. Antennas over forty-eight inches (48") shall require a CUP.
5. Projecting Facade Elements. Projecting facade elements include
awnings, canopies, balconies, colonnades and arcades. These shall be
permitted on city streets after approval by the City and on TX DOT ROW, if
permitted by TXDOT and approved by City. The following requirements shall
apply:
a. Not to project closer than two feet (2') to the curb.
b. Eight feet (8') minimum clearance between sidewalk and bottom of
awning or canopy; ten feet (10') minimum clearance between sidewalk
and bottom of balconies, colonnades and arcades.
c. May project in public ROW if approved by the City.
d. Eight feet (8') minimum depth of sidewalk from building face to the inside
column of colonnade or arcade.
e. Minimum two feet (2') between outer column face of colonnade or arcade
and curb.
6. Facade Regulations. Shall meet all requirements of the UDC, except that wood
and hardy plank will be permitted for facades.
7. Transparency Requirements. For non-residential facades facing public
street, park, plaza or public space a minimum of fifteen percent (15%) of overall
facade must be transparent. For non-residential, a minimum of twenty five
percent (25%) of facade wall area is required to have store front windows on
ground floor.
For residential buildings (both single family and multi family) a minimum of 15%
of facade is required to comprise of window area.
A lesser percentage of transparency for overall facade or store front windows for
all buildings may be permitted by a CUP.
Remodeling or repair of existing buildings may be exempt from these
requirements. Any new addition or construction shall be required to comply with
these requirements.
8. Windows, Skylights and Doors. Windows, skylights and doors shall be
oriented vertically for facades facing public areas including streets.
9. Signs. The following regulations shall be applicable to signs in the Old Townsite
district:
a. The total area of all wall and freestanding signs shall not exceed 2 square
feet per linear foot of building frontage, up to a maximum of 200 sq. ft.
Maximum area of all ground signs shall not exceed 75 sq. ft. All other
requirements of the UDC regarding signage shall be applicable.
b. Projecting signs and awning signs shall be permitted in addition to wall
signs upon approval by the City. Projecting signs shall have a minimum
of eight (8) feet clearance above finished grade. Projections shall not be
allowed on City right-of-way. All other requirements of the UDC regarding
signage shall be applicable.
c. A freestanding or monument sign shall have landscaping around its base.
d. Signs shall be constructed and/or finished using the following materials:
i. Painted, enameled or powder-coated metal.
15
ii. Cold cathode tube (neon), limited to the face of the sign.
iii. Carved relief in stone, cast stone or brick.
iv. Wood or carved wood which is painted or sealed.
v. Any sign made of other materials not mentioned may be proposed
for consideration and approved for usage on a one-on-one basis
under a Conditional Use Permit (CUP).
e. All sign components, including support structures, shall comply with the
City of Pearland color palette approved specifically for the Old Townsite
district, a copy of which shall be available in the City's Planning Office
and is attached hereto as Appendix B.
f. A business that is affiliated with an entity that has a logo that is
recognized on a regional, national, or international basis, as determined
by the Planning Director, may use said logo in its signage without regard
to the color palette, so long as the logo is limited to less than four square
feet in size.
g. A-frame or sandwich board signs shall be allowed with the following
restrictions:
No more than one shall be allowed per business, it shall be placed
such that a minimum of four feet of clear sidewalk shall be
maintained at all times, and shall be sufficiently weighted or
anchored to prevent movement by wind or other elements.
No such sign shall exceed eight square feet per face or four feet in
height. The entire sign structure shall be included in the total sign
area.
iii. Such signs are displayed only during the hours that the
establishment is open for business.
Awning signs shall be allowed, and the maximum height of letters,
graphic, and logos thereon shall be twelve inches.
Attached marquee signs shall be allowed with the following restrictions:
No more than one shall be allowed per business.
No such sign shall exceed six feet in height or thirty-two square
feet in sign area.
10. Outdoor Activities or Uses. No outdoor commercial activities or uses shall be
permitted in any OTS District without a temporary permit issued by the City's Building
Official pursuant to the City Building Code, unless expressly authorized herein.
a. Outdoor Display and Outdoor Seating. Outdoor display and outdoor
seating in all districts within the Old Townsite may be permitted by a
CUP.
b. Outdoor storage, as defined by Section 5.1.1.1., is allowed only upon
obtaining a CUP and providing screening pursuant to Section 4.2.4.1
(d). In no case shall outdoor storage be permitted along any yard that
16
abuts any street or public right-of-way that is greater than twenty feet
(20') in width.
11. Building and roof colors shall comply with the color palette described in this section.
This shall include all portions of the building, including without limitation window/door
trim, fascia, and soffit.
(d) Development Recommendations
Mixed Use Development. Mixed uses are encouraged on each block. Active
uses such as shopping or dining are encouraged on street.
2. Accentuate Primary Entrance. Accentuate primary entrance (for both existing
and new buildings) with architecture features such as:
o Art
o Breaking the building's rhythm
o Detail work
o Lighting
o Projecting facade elements
o Recessed entries
o Signage
o Shelter pedestrian as they enter and exit.
o Well lit entrances.
3. Response to Human Scale: Developments are encouraged to address the scale
of pedestrian, and create active storefronts by using lights, quality materials, and
creative displays. Encourage lower floors to be architecturally different from but
still compatible with the upper floors through level of detail and design.
4. Alleys and Side Streets. Alleys and side streets are encouraged to be the
primary access for parking lots and loading docks behind the building.
5. Landscape Features Permitted with City's Approval. (Need to determine the
official/board or staff responsible)
a. Flowerpots in street-scape.
b. Hanging baskets in new light poles.
c. Store owners to have option of creating planting beds.
d. City to work with property owners to place landscape features in
appropriate places.
(e) Relaxation of Building Codes. To encourage re-use, rehabilitation of existing
buildings (built prior to adoption of this ordinance) and relocation of buildings into the
area the Building Official may approve relaxation of certain building codes as per the
guidelines adopted by the City. (Guidelines to be adopted by the City)
(f) Non-conforming Buildings. Buildings constructed prior to the adoption of this
ordinance (if removed or destroyed due to any cause) can be rebuilt on either the
existing footprint or per this ordinance. Buildings constructed after the adoption of this
ordinance will be required to comply with this ordinance.
17
(g) Street Amenities. The City will formulate a streetscape plan as per the
recommendations of the Old Townsite Plan. (This plan needs to be adopted). Once the
standards have been adopted the property owner will be responsible for installation of
street furniture (lights, benches, signs, tree lighting, etc.) when the property is
developed. The streetscape guidelines may include -street amenities, pedestrian
lighting, street furniture, public art and signage.
(h) Unless specified herein under Section 2.4.3.4, all other requirements of the UDC will
apply.
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Section 2.4.5.1 COD, Corridors Overlay District
(a) Purpose.
(1) The Corridors Overlay District (COD) is intended to help the City exercise
greater control over the aesthetic, functional and safety characteristics of
development along newly constructed major thoroughfares within the City
where higher development standards can effectively enhance the City's image
as a desirable place to live, work, and shop.
(2) The Corridors Overlay District (COD) is limited to specified areas
encompassing land that has already been assigned conventional zoning district
classifications. It supplements the standards of the underlying conventional
districts with new or different standards which are more restrictive. In the event
of a conflict between the standards of the COD and the regulations of the
underlying zoning district, the standards described herein will prevail.
Regulations of the underlying zoning district not augmented or otherwise
supplemented by the COD will continue to prevail.
(b) District Boundaries. The COD standards apply to the future development and use
of all land with lot frontage on either side of the street right-of-way along the following
specified major thoroughfares:
(1) Pearland Parkway: For the full length of the roadway within the City limits
(2) Oiler Drive: For the full length of the roadway within the City limits
(3) McHard Road: For the full length of the roadway within the City limits
(4) SH 35: For the full length of the roadway within the City limits, except within the
Old Townsite District
(5) Broadway Road: For the full length of the roadway within the City limits, except
within the Old Townsite District
(6) Magnolia Road: For the full length within the City limits of the contiguous
roadway known as Magnolia Road, County Road 59, Southfork Drive, and
John Lizer Road, except within the Old Townsite District
(7) Kirby Drive: For the full length of the roadway within the City limits
(8) Dixie Farm Road: For the full length of the roadway within the City limits
(9) Beltway 8: For the full length of the roadway within the City limits
(10)Bailev Avenue: For the full length of the roadway within the City limits
(11) Massey Ranch Road: For the full length of the roadway within the City limits
(12) Cullen Boulevard: For the full length of the roadway within the City limits
(c) Lot and Setback Standards.
(1) The minimum front yard building setback adjacent to a specified major
thoroughfare shall be twenty-five feet (25').
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(2) The minimum setback for all off-street parking, maneuvering and loading areas
from the right-of-way line of a specified major thoroughfare shall be thirty feet
(30').
(3) The minimum setback for all screening walls and fences, including residential
subdivision fences, from the right-of-way line of a specified major thoroughfare
shall be thirty feet (30').
(4) The minimum setback for any outside storage area (where permitted by the
underlying zoning district) from the right-of-way line of a specified major
thoroughfare shall be one hundred and fifty feet (150'), unless such area is
screened to one hundred percent (100%) opacity with a screening wall that
matches the primary on-site building or with live vegetation.
(5) No buildings, parking areas, or other impervious structures (except as noted
herein), are permitted within the recognized floodway, as identified by the City
Engineer, or within fifty feet (50') of the high bank, whichever is greater, of a
creek or other drainage way proposed as a linear park in the City's Park and
Recreation Master Plan.
a. Permitted exceptions include drainage-related structures and
pavement, paved pedestrian or bike trails, picnic tables, and paved
surfaces beneath picnic tables.
b. The Parks Director may reduce the restriction herein upon a finding
that the proposed construction is consistent with the Park and
Recreation Master Plan or the Hike and Bike Master Plan.
(6) Buildings, parking areas, or other visual obstructions shall not be located in any
required visibility triangle.
(7) The required setback area as described above shall be landscaped, and shall
meet the requirements of Subsection (g) of this Section 2.4.5.1.
(d) Building Facade Standards. Requirements are applicable to any side of a structure
that faces a thoroughfare listed in subsection (b), except for single-family detached
dwellings. A Facade Design Plan of the entire proposed project shall be submitted
with Site Plan review documents.
(1) Building Articulation:
a. Building articulation, which is the expression or outlining of parts of the
building by its architectural design, shall be provided in order to achieve
the following:
1. Create a complementary pattern or rhythm, dividing large buildings
into smaller, identifiable portions.
2. Break up the building mass through offsets and other methods that
articulate the horizontal and vertical building planes.
3. Incorporate details that create shade and cast shadows to provide
visual relief.
b. Building articulation shall be provided as specified in the following:
1. All nonresidential structures fifty thousand (50,000) square feet in
size or greater, except Public Educational Facilities, shall
20
incorporate architectural variation of at least three feet (3') in depth
for everytwenty-five feet (25') in vertical or horizontal length.
2. All nonresidential structures less than fifty thousand (50,000) square
feet shall incorporate architectural variation of at least one foot (1')
in depth for every ten feet (10') in vertical or horizontal length.
(2) Building Materials:
a. All structures shall conform to the requirements in Article 6, Division 2 of
this chapter.
b. Corrugated metal and exposed fasteners are prohibited. Architectural
metals are prohibited except for miscellaneous trimwork.
c. A minimum twenty-five percent (25%) of an exterior wall facing the
specified thoroughfare shall be transparent, except for Public Educational
Facilities and all structures located at least two hundred and fifty (250)
feet from the specified thoroughfares, which are exempt from this
requirement. Structures located in the M-1 or M-2 zoning districts and
within two hundred and fifty (250) feet of the specified thoroughfare shall
comply with a minimum transparency percentage of fifteen percent (15%)
d. All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center or integrated business development shall have architectural
design, color, and materials that are compatible or consistent with an
overall theme, as determined by the Planning Director.
(3) Building and roof colors shall be provided in accordance with an approved color
palette, available in the City's Planning Office and attached as Appendix A.
Window/door trim, fascia, soffit, or similar elements of the building facade are
exempt from the color palette as long as the total area of those elements do not
exceed twenty percent (20%) of the building facade for any side of the building.
(e) Access and Off-Street Parking Standards. Access and off-street parking shall be
provided in conformance with the City's Engineering Design Criteria Manual (EDCM).
(f) Bicycle Parking.
a. Bicycle parking spaces shall be provided at an amount equal to a
minimum of five percent (5%) of the required vehicular parking spaces.
b. Bicycle parking shall be conveniently provided for all uses allowed in the
following zoning districts: Office and Professional, Neighborhood Service,
Business Park-288, General Business, and General Commercial.
c. Each required bicycle parking space shall include a means to secure
individual bicycles.
(g) Landscaping Standards.
(1) Minimum Percentage of Landscaping in the Required Setback Area: A
minimum of fifteen percent (15%) of the required setback area shall consist of
landscaped open areas with a permeable surface.
(2) Minimum Percentage of Landscaping Generally: A minimum of fifteen percent
(15%) of the gross lot area shall consist of landscaped open areas.
21
a. Landscaping elements shall be established along the outside (i.e., the
side nearest the right-of-way) of all required screening elements (refer to
Subsection (h) below).
(3) Tree Requirements: Trees are required along all specified major thoroughfares
as follows, and at least fifty percent (50%) of the required trees shall be located
along the frontage of the lot adjacent to the specified roadways:
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1") for each ten feet (10') of
frontage.
b. Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to one inch (1") for each fifteen feet (15') of frontage,
except for Public Educational Facilities, which are exempt from this
requirement.
c. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
d. At the time of planting, a minimum of three feet (3') shall be provided
between a tree trunk and the back of any curb and eight feet (8') between
a tree trunk and any planned or existing underground public utility lines.
e. At the time of planting, a minimum of six feet (6') shall be provided
between individual trees.
(4) Required Interior Site Landscaping:
a. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs.
b. No parking space designed and intended for the parking of passenger
vehicles driven by customers, patrons, or employees shall be greater than
fifty feet (50') from a tree. Each island shall contain at least one (1) tree.
Public Educational Facilities and industrial uses located in M-1 and M-2
zoning districts shall be exempt from this requirement so long as the
overall landscaping requirement is met onsite.
(5) Irrigation System: A mechanical irrigation system is required to be installed
and maintained.
(6) Adjacent to a Single-Family Use or Zoning District: When a nonresidential
development is established on a tract of land that is adjacent to asingle-family
development or to property zoned for single-family use, there shall be a twenty-
five-foot (25') wide landscaped buffer along the property line that is adjacent to
such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area and may count
toward (g)(1) above.
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(7) Detention/retention facilities located in front yards: When adetention/retention
facility is located in a front yard, the facility shall be incorporated into the design
of the development as an amenity, as determined by the Planning Director.
(h) Lighting Standards.
(1) Vehicular Circulation & Parkins Areas:
a. High pressure sodium or metal halide fixtures shall be used with no direct
glare onto adjacent properties or public streets. The glare from such
fixtures shall be shielded from adjacent properties and/or public streets.
b. Minimum light level within the parking area shall be 0.5 foot candles when
the attendant facility is in use.
c. Standards, poles, and fixtures shall be a single color, uniform in design
throughout the site and no taller than the height of the building being
served.
d. Creosote treated wooden poles are prohibited.
e. Street lights along the specified corridor shall conform to the standard
fixture adopted by the City. Installation of such fixture or payment in lieu
of installation shall be required prior to acceptance of subdivision
improvements by the City or issuance of a certificate of occupancy, as
applicable
(2) Walkway Lighting: Walkway lighting comprised of standard, pole, bollard and
wall-mounted fixtures shall be no greater than twelve feet (12') above grade.
(3) Accent Lighting:
a. Uplighting shall be concealed or positioned to screen the light source
from adjacent property.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
(i) Screening Standards.
(1) Site Elements Reauired to Be Screened: The following site elements shall be
screened from the public view from all specified major thoroughfares:
a. Mechanical and Utility Equipment
1. Screening shall consist of a decorative wall or architectural element
of the building that is one hundred percent (100%) opaque.
2. Roof-mounted equipment shall be screened with materials that are
one hundred percent (100%) opaque. Appropriate screening
includes an extension of the wall, such as a parapet wall, on which
the equipment is mounted.
b. Vehicle Loading and Unloading Areas
1. Screens shall incorporate shrubbery having year-round foliage
and\or a wall or architectural element of the building that is a
minimum of six feet (6') in height and is a maximum of seventy-five
percent (75%) opaque.
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c. Refuse Refuse Containers and Recyclinp Containers
1. Screens shall consist of a solid wall or architectural element of the
building that is a minimum six feet (6') in height.
(2) Screenina Elements Required: All screening walls visible from a public street
shall be:
a. Constructed of masonry materials that are consistent with the color and
design of the primary on-site structure.
b. Consistent in color and design with the building architecture.
c. Uniform in style and materials along the entire length of the screen within
a single development.
(3) Screening Elements Prohibited: No fence or wall visible from a public street
shall be:
a. Greater than eight feet (8') in height.
b. Located within any required visibility triangle.
c. Constructed with any of the following materials: surface painted or coated
concrete, chain link, concertina wire, barbed wire, corrugated metal, or
fiberglass panels. Exceptions:
1. Barbed wire may be used solely to control livestock.
2. Public Educational Facilities shall be permitted to use chain link
fence along the perimeter of sports fields and detention basins.
Any chain link fence located one hundred feet (100') or less from a
thoroughfare listed in subsection (b) shall be constructed of chain
link material that is entirely coated by vinyl, powdercoating, or
other durable material that is black or dark green in color, and
shall also include one of the following features:
A. an evergreen vegetative screen outside the fence
consisting of a combination of shrubs and trees that meet
the following requirements:
(i) shrubs shall be planted every three feet (3') or less
on center and shall be at least four feet (4') tall at
planting;
(ii) trees shall be planted every thirty feet (30') or less
and shall be at least two inches (2") in diameter
measured by caliper; or
B. masonry columns that are:
(i) no less than twenty inches (20") in width and depth;
(ii) at least twelve inches (12") taller than the adjacent
chain link sections;
(iii) spaced no further than twenty feet (20') apart;
(iv) topped with decorative masonry caps at least six
inches (6") tall that project at least two inches (2")
from the front facades of the columns; and
24
(v) constructed of materials similar in color, design, and
architecture to that of the primary structure.
(4) All other fences within Public Educational Facilities shall be constructed of
materials consistent in color, design, and architecture to the primary on-site
structure.
(5) Residential Subdivision Fences:
a. Residential subdivision fences shall be uniform in style, color, and
material along the length of the subdivision.
b. If visible from a street right-of-way, fences shall be constructed of
masonry materials. However, large-lot subdivisions, which are defined as
subdivisions with average lot sizes of one-half acre or more, shall be
permitted to be screened with wood rail fencing.
(6) Fences constructed around detention ponds or basins and visible from a public
or private street, shall be constructed of decorative wrought iron or chain link
material in accordance with the standards set forth in subsection (i) (3) c. 2.
above for chain link fences located one hundred feet (100') or less from a
thoroughfare listed in subsection (b).
(j) Buffering Standards.
(1) Site Elements Reauired to Be Buffered: The following site elements shall be
visually buffered from the public view from all specified major thoroughfares:
a. Parking Areas -Outdoor parking areas that are visible from any street
right-of-way.
b. Fuel Pumas -Fuel pumps located between the street and the building.
c. Drive-Ua Windows -Vehicle drive-up windows facing the street.
(2) Buffering Elements Reauired: Required buffering shall be a maximum of three
feet (3') in height shall be provided by way of one or more of the following:
a. Freestanding masonry wall.
b. Landscaped earth berm with a maximum four-to-one (4:1) slope.
Retaining walls may be used to facilitate berming if unseen from the
street.
c. Shrubbery having year-round foliage.
(k) Outdoor Activities or Uses. The following shall apply when the incidental display of
merchandise out of doors is permitted within the base zoning district.
(1) Except as provided below, all display areas out of doors shall be confined to a
pedestrian walkway immediately adjacent to the building housing the primary
use, shall not extend from such building a distance of more than ten feet (10'),
and shall be located wholly under a permanent part of a main business building
such as a marquee, provided that adequate pedestrian access is maintained.
Adequate pedestrian access shall be an unobstructed thirty-six inch (36")
walkway.
25
(2) The temporary sale of Christmas trees and products associated with
celebration of holidays or national events On any property in the general
business district, the temporary sale of goods in relation to special events (e.g.,
Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of
forty-five (45) days prior to the day of religious the holiday celebration. The
sale of goods in relation to special, local, or store events (e.g., spring sale,
Party on the Grand, civic club event, etc.) shall also be permitted, but shall be
limited to one (1) event per calendar year, not to exceed a sale period of more
than sixty (60) days. The Building Official shall issue a permit for such sale
when he finds:
a. That there is an adequate off-street parking area, approved by the City;
and
b. That the location and layout of drives and parking areas, of lighting, and
of temporary sales signs will not constitute a hazard to public traveling to
the abutting public streets and will not obstruct the visibility along such
streets.
(3) No other type of outdoor activity or use shall be permitted in the COD District
without a temporary permit issued by the City's Building Official pursuant to the
City Building Code, unless expressly authorized herein.
(4) Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining
a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case
shall outdoor storage be permitted along any yard that abuts any street or
public right-of-way.
(5) Outdoor storage and display in M-1 and M-2 zones shall be permitted within
fenced areas. Fences around display and storage areas, visible from a public
or private street, shall be constructed of decorative wrought iron or chain link
material that complies with the standards set forth in subsection (i) (3) c. 2.
above.
(I) Sidewalk Standards.
(1) Location: The required sidewalk along all specified major thoroughfares may
be located within the front yard building and parking setbacks as well as the
parkway area from the back of curb to the right-of-way line. Sidewalks shall not
be required for development along Beltway 8 frontage roads.
(2) Easement Required: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of street right-of-way.
(3) Curved Alignment Required: The required sidewalk shall have a curved
alignment for at least eighty percent (80%) of the major thoroughfare street
frontage. Sidewalks on intersecting streets shall not have a curved alignment
unless approved by the City Engineer.
(4) Construction Criteria: Construction criteria for the required sidewalk:
a. Minimum six feet (6') wide.
26
b. Minimum eight-foot (80') centerline radius, maximum intersection angle of
twenty (20) degrees, and maximum twenty-foot (20') foot tangent
between sidewalk curves.
c. Minimum six-foot (6') separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d. Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e. Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk.
f. Deviations from these criteria may be approved by the City Engineer for
good cause such as cases of unusual or unique topography or to
preserve desirable natural features.
(5) A minimum six-foot (6') wide pedestrian sidewalk shall connect the perimeter
sidewalk to the building entry. This connecting sidewalk shall be accessible,
readily visible, and paved.
(m) Utilities. All utility service lines shall be located underground. Above-ground lines
may be located in the rear or other areas of the property as necessary, however
such lines must not prominent from the front view of the property or from the view of
roadways (the visibility of the poles must be partially or wholly obscured). Any
determination on whether utilities are prominent shall be made by the Planning
Director.
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Section 2.5.3.1 Area Regulations for Accessory Structures (All Districts)
(a) Location of Accessory Structures on Smaller Lots. On properties less than
one (1) acre in size and zoned or utilized for residential use, accessory structures
shall only be permitted to locate as follows:
(1) Garages, carports, swimming pools and structures that typically accompany
pools (such as bath houses, cabanas, and covered patios next to a pool), shall
be entirely behind the imaginary line that incorporates the rearmost front face at
least five (5) feet in length of the principal building. That portion of any such
accessory structure that is located in front of the imaginary line that incorporates
the forward-most rear face at least five (5) feet in length of the principal building
shall comply with the side setback requirements applicable to the principal
building.
(2) All other accessory structures shall be located behind the imaginary line that
incorporates the forward-most rear face at least five (5) feet in length of the
principal building, and shall be no closer than three feet (3') to a common
property line and shall not encroach on any dedicated easements. (See Figure
2-4, on page 2-145.)
(b) Location of Accessory Structures on Larger Lots. On properties one (1) acre
or greater in size and zoned or utilized for residential use, accessory structures shall
be permitted anywhere on the property so long as such structures: (1) are set back
at least one hundred (100) feet from the front property line; (2) are no closer than
three feet (3') to a common property line; and (3) do not encroach on any dedicated
easements.
(c) Screening for Accessory Buildings. Accessory buildings in non-residential zoning
districts shall be screened from public view in conformance with the requirements
within Chapter 4, Article 2, Division 4 of this UDC.
(d) Garages and Carports. Garages and carports shall adhere to all requirements of
this Section 2.5.3.1, except that front, rear, and side yard setbacks shall meet the
following:
(1)Garages or carports accessed from an interior side yard shall have a minimum
setback of twenty feet (20') from the side lot line.
(2) Carports or garages accessed from a side or rear yard, facing a public street,
or from a side or rear alley shall have a minimum distance equal to the required
d f th b 'Id'
yar or a main ui mg or
twenty feet (20'), whichever is
greater.
(3) For these requirements,
carports shall be measured from
the roof nearest to the street or
alley (see Figure 2-3).
MAXIMUM OVERHANG
SUPPORT-~ 4
PROPERTY LINE
ALLEY 0
or
® STREET ~'~~
METHOD OF MEASURING
CARPORT SETBACK (20' Minimum)
Figure 2-3: Carport Setback
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(e) Accessory Buildings Without a Main Building. Accessory buildings are not
permitted without a main structure except in the Suburban Development (SD)
District.
(f) Height of Accessory Buildings. Accessory buildings shall not exceed the height
allowed in the specific zoning district, except taller accessory buildings (including
accessory dwellings) may be allowed in certain zoning districts by Conditional Use
Permit (CUP) (see Article 2, Division 3) if there is no adverse impact upon adjacent
properties.
(g)Size of Accessory Buildings. The total floor area of all accessory structures shall
not exceed fifty percent (50%) of the square footage of the livable area of the
residence on the premises, or five percent (5%) of the lot area, whichever is greater.
This requirement shall not apply to swimming pools or barns and related structures
necessary for farming and ranching purposes.
(h) Number of Accessory Buildings. There shall be no more than three (3) accessory
buildings on any residential lot, excluding swimming pools. Lots that are ten (10)
acres or greater in size are exempt from this requirement.
(i) Trailers Used for Accessory Uses. No permanent use of an accessory trailer(s) is
permitted. Accessory uses for residential purposes (e.g., recreational vehicles,
motor homes) are permitted, but for a period of time not to exceed sixty (60) days per
calendar year. Trailers for nonresidential accessory uses are permitted with the
following conditions:
(1) The trailer is an accessory use of an existing business.
(2) The trailer is designed for use as an accessory use, not as a primary use.
(3) The trailer does not occupy a required parking space.
(4) The accessory trailer shall not be permitted for more than fourteen (14) days
for each six-month (6-month) period of time.
(5) The accessory trailer meets all of the requirements of the City's electrical codes
if electricity is provided to said trailer.
(6) The trailer is not being used for advertising/signage purposes, as is prohibited
in Chapter 4, Article 2, Division 5 of the UDC.
29
Arfii~fe F~ -- Sc~,~p~err~erz~af tJs~ Sfanetar-d~
Qivisian ? -Area, wilding, and Height Regulations
Section 2.6.1.1. Area & Building Reguiatians
(a} Measuring Setbacks & Lot Dimensions. All setback measurements shall be made in
accordance with Figure ~-4 and figure 2-5 (on the following page}.
T1II
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MEASURING SETBACKS AND LOT DIMENSIONS
FIGURE 2-4: MEASURING SETBACKS AND LOT DIMENSIONS
30
STREET R.O.W
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FIGURE 2-5: MEASURING SETBACKS AND LOT DIMENSIONS
31
Section 2.6.1.2 Special Height Regulations
(a) Calculation of 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.
(b) Exceptions to Height Regulations.
(1) In districts where the height of buildings is restricted to two (2) stories, cooling
towers may extend for an additional height not to exceed fifty feet (50') above
the average grade line of the building.
(2) Water stand pipes and tanks, church steeples, domes and spires, ornamental
cupolas, City or School District buildings, and institutional buildings may be
erected to exceed the height limit, as specified in the particular zoning district,
provided that one (1) additional foot shall be added to the width and depth of
front, side, and rear yards for each foot that such structures exceed the district
height limit.
33
Section 2.6.2.1 Applicability & Requirements
(a) Applicability. The standards and criteria contained within this division are deemed
to be minimum standards and shall apply to all new, altered or repaired construction
of residential and nonresidential buildings within the City that are visible from the
applicable thoroughfare, as referenced in Table 2-2, on which the building has
frontage.
(b) Requirements. The materials used on the exterior facades of all buildings within the
City shall conform to the requirements referenced, and in accordance to the
appropriate zoning district and roadway classification, in Table 2-2. "Roadway
classification" refers to the way in which the applicable roadway is classified on the
City's adopted Thoroughfare Plan.
(1) Minimum exterior wall standards (facade) shall be one hundred percent (100%)
masonry or glass. These standards shall apply to any wall or portion of a wall
visible from the roadway (private or public) or abutting residential zoning
districts.
a. Existing buildings shall also conform to facade requirements upon a
change of occupancy, occupant (if use has been abandoned per Section
2.7.3.6), or expansion exceeding (500) square feet in area of exterior
dimensions of a nonresidential or multi-family structure for which a permit
is required.
b. New and existing structures, including expansions, that are at least two
hundred and fifty feet (250') from the specified roadways shall only be
Table 2-2
Building Facade References By Roadway Classification
& Zoning District
ROADWAY ZONING DISTRICTS
CLASSIFICATION MF, C-MU, G/0-MU,
OP, NS, GB, C, BP-
288
M-1, M-2
Thoroughfare (1) (4)
Collector (1) (2) (4)
Other (1) (2) (3) (2) (3)
Refer to individual zoning district regulations for facade material requirements
for the Spectrum district, BP-288 district, OT District, and COD district.
required to meet these requirements within Subsection (3) below. The
two hundred and fifty foot measurement shall be taken from the curb or
the edge of the roadway pavement.
c. Subsection (b)(1)b. above shall not apply to the following:
1. Any building that contains asingle -business and that has a
footprint of eighty thousand (80,000) square feet or more.
34
2. Any building that contains multiple businesses and that has a
footprint of eighty thousand (80,000) square feet or more.
3. Multiple buildings and/or multiple businesses on a single site or
parcel of land.
4. Any collection of buildings that is classified by the City as a
shopping center, business park, or integrated business
development and that is not otherwise specified in Subsection 1,
2, or 3 above.
d. The Planning and Zoning Commission may make an exception to the
requirements of Subsection (b)(1) above for franchise businesses that
have an established theme. In order to make such exception, the
franchise business cannot have varied from the established theme in any
other instance or other city. Such information shall be provided by the
City Planning Director and/or the franchise business representative.
e. Other exemptions from (b)(1) for existing structures are provided within
Subsection (d)(2) below.
(2) Buildings built prior to January 1, 2001 are exempt from the (facade)
requirements of this section unless required by the adopted Building Code.
(3) Minimum exterior wall standards (facade) shall be a minimum of 24-gauge or
heavier architectural panels (wall systems) unless otherwise approved by the
Building Official. Corrugated metal is prohibited.
a. Within a GC (General Commercial) zoning district and where more than
sixty percent (60%) of the existing nonresidential structures along both
sides of the same street and lying between the two nearest intersecting
streets do not comply with the minimum facade standards, architectural
panels (wall systems) shall be insulated panels with a rock or rock-like
coating or comply.
(4) Unless one of the following exceptions applies, masonry, stucco or EIFS
materials shall be required on fifty percent (50%) of the front fagade of any
building that faces onto a thoroughfare or collector. Side facades of such
buildings shall be a minimum of 24-gauge or heavier architectural panels
(wall systems) unless otherwise approved by the Building Official. The
portion that is higher than six (6) feet from grade of any wall or portion of a wall
used to screen an industrial use from property located in a residential zoning
district shall be masonry, stucco, or EIFS.
a. The building is exempt under (2) above.
b. New and existing structures, including expansions, that are at least two
hundred and fifty feet (250') from the specified roadways shall only be
required to meet these requirements within (3) above. The two hundred
and fifty foot measurement shall be taken from the curb or the edge of the
roadway pavement.
35
(c) Materials Permitted.
(1) Allowed by Right: For the purpose of this section masonry materials allowed
by right are brick, stone brick veneer, custom treated tilt wall, decorative or
textured concrete block, and split face block, stucco and EIFS (exterior
insulation and finish systems).
(2) Ma rLBe Allowed by CUP: New technologies not addressed or contemplated by
these regulations may also be allowed by CUP, if such materials are consistent
with the visual nature and quality of the masonry materials permitted herein.
(3) Trim Materials: Architectural metal may be utilized for window and door trim,
fascia, or soffit.
(d) Exemptions.
(1) New and existing structures within industrial zoning districts, M-1 Light
Industrial district or the M-2 Heavy Industrial district, located along Mykawa
Road between Orange Street and Scott Lane, and between the railroad tracks
and Hatfield Road, including the triangular piece bounded by the railroad
tracks, McHard Road and Mykawa Road, shall be exempt from any of the
facade material requirements herein.
(2) Existing Structures:
a. Existing structures that would otherwise be required to be brought into
compliance with this division of the UDC may be exempt from such
compliance upon issuance of a CUP.
b. The applicant/developer may submit a bond (in an amount agreed upon
by the City) or enter into a written agreement (contract) with the City to
give the applicant/developer aspecific time period of time within which
to bring an existing structure into compliance with this division of the
UDC. The City Manager or his/her designee shall be the responsible
official for approval of such bond or agreement. In no case shall the
agreed-upon period of time exceed five (5) years.
36
Section 2.7.3.2 Expansion of Nonconformities
(a) Criteria. A nonconforming use may be extended throughout the structure in which it
is located, provided that:
(1) The structure or its premises shall not be enlarged or increased in height, in
floor area or in land area to accommodate extension of the nonconforming use;
(2) No alteration shall be made to the structure occupied by the nonconforming
use, except those alterations that are required by law to preserve the integrity
of the structure and alterations that would upgrade the quality, safety or
aesthetic appeal of the structure; and
(3) The number of dwelling units occupying the structure shall not exceed the
number of dwelling units existing at the time the use became nonconforming.
(b) Use Expansion Outside of Structure. Anon-conforming use occupying a structure
shall not be extended to occupy land outside the structure.
(c) Use or Structure Expansion. A nonconforming use or structure shall not be
enlarged, increased or extended to occupy a greater area of land than was occupied
at the time the use or structure became nonconforming, except as provided by this
Code or to provide additional off-street parking or loading areas required by this
Code.
37
Section 3.1.1.5 Stages of Plat Approval
(a) Subdivision Plats. A subdivision plat may be approved in three stages:
(1) Master Plat;
(2) Preliminary Subdivision Plat; and
(3) Final Subdivision Plat.
(b) Development Plats. A development plat may be approved in one stage:
(c) Combined Applications. An applicant may not submit applications for approval of a
Preliminary Subdivision Plat and a Final Subdivision Plat simultaneously.
(d) City Staff Review Required. City staff shall review all plat applications in
conformance with a checklist that is based on application forms and related
requirements supplied by the Planning Department. City staff shall then accept or
reject the plat applications. Plat applications that are deemed to be complete shall
be accepted and forwarded to the appropriate body, as outlined in this UDC.
38
Division 4: Development Plats
Section 3.1.4.1 Purpose and Effect
(a) Purpose. The purpose of the Development Plat is to assure that the division or
development of the land subject to the plat is consistent with all standards of this
Unified Development Code pertaining to the adequacy of public facilities, that public
improvements to serve the subdivision or development have been proposed in
accordance with the City of Pearland's requirements, that all other requirements and
conditions have been met or planned for to allow the plat to be recorded, and to
assure that the subdivision or development meets all other standards of this Unified
Development Code to enable initiation of site preparation activities for any lot or tract
being platted.
The Development Plat is applicable for an integrated business development that
proposes a subdivision of any number of non-residential or multi-family residential
lots, that require extension of municipal facilities only to serve the specific
development being platted, and where delay in construction or deferral of municipal
facilities does not affect the city or any other parcel.
(b) Applicability. A Development Plat application under this division shall be required
for any non-residential or multi-family land division except those that may be
approved through the other platting procedures of Chapter 3.
(c) Effect. Approval of a Development Plat authorizes the Planning Director to record
the plat, and further authorizes submittal of an application for a Site Preparation
Permit, construction plans for approval by the City Engineer under Division 8 of this
Article, and an application for a building permit for any lot in the subdivision. The
installation of public improvements on the land subject to the development plat,
however, may not begin prior to approval of a Development Plat.
39
Section 3.1.4.2 Application Requirements
(a) Responsible Official. The Planning Director shall be the responsible official for a
Development Plat.
(b) Application Contents. All applications shall be submitted on a form supplied by the
Planning Department with the required information as stated on the application form.
(c) Consent of Lienholders. The applicant shall furnish with the application to the City
a current title commitment issued by a title insurance company authorized to do
business in Texas policy, or a title opinion letter from an attorney licensed to practice
in Texas, identifying all persons having an interest in the property subject to the plat,
including lienholders. The Development Plat shall be acknowledged by all owners of
any interest in the land, including lienholders. Said acknowledgement may be signed
on the face of the plat in plain view by each lienholder, or it may be filed with the plat
as a separate instrument bearing the notarized signatures of all lienholders,
effectively denoting that they are consenting to the platting of the property and to the
dedications and covenants that may be contained in the plat. Such lienholder
consent shall be subject to review and approval by the City Attorney.
(d) Accompanying Applications. An application for a Development Plat shall be
accompanied by a site plan for the land subject to the plat and a general layout of the
required public improvements, easements, access streets and parking layout.
40
Section 3.1.4.3 Decision
The Planning Director shall decide whether to approve, approve with conditions, or
deny the Development Plat application.
41
Section 3.1.4.4 Criteria for Approval
(a) The following criteria shall be used to determine whether the application for a
Development Plat shall be approved, approved with conditions, or denied:
(1) The Development Plat is consistent with all zoning requirements for the
property, and any approved development agreement;
(2) The plat conforms to the general layout of the approved Master Plat if
applicable and a site plan accompanying the Development Plat application and
is consistent with the phasing plan approved therein, if any;
(3) The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities to serve the development site conform to the
master facilities plans for such facilities, including without limitation the water
facilities, wastewater facilities, transportation, drainage and other master
facilities plans, and a general layout of the required public improvements,
access streets and parking layout have been approved by City Engineer, as
shown on the accompanying site plan, and in accordance with Section 4.2.1.2
(b)($)~
(4) The proposed provision and configuration of roads, water, wastewater,
drainage and park facilities are adequate to serve the development and meet
the standards of this Chapter;
(5) Easements or rights-of-way for all public water, sanitary sewer, roadway and
drainage facilities have been designated;
(6) Fire lanes access easements or street rights-of-way have been provided for
access to all fire hydrants and fire department connections;
(7) Easements have been designated for all landscaped buffers and open space;
(8) The ownership, maintenance, and allowed uses of all designated easements
have been stated on the plati
(9) The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Texas Local Government
Code, Chapter 242, where the proposed development is located in whole or in
part in the extraterritorial jurisdiction of the City and in the county, or drainage
district rules, where the land is located in whole or in part within a drainage
district;
(10) The plat is consistent with the adopted Comprehensive Plan, except where
application of the Plan conflicts with state law;
(11) The final layout of the subdivision and development meets all standards for
adequacy of public facilities contained in this Chapter;
(12) The plat conforms to design requirements and construction standards as set
forth in the Engineering Criteria Manual; and
(13) The plat conforms to the subdivision application checklist.
42
Section 3.1.4.5 Expiration and Extension
The approval of a Development Plat application shall remain in effect for a period
of two (2) years from the approval date, during which period the applicant shall
submit and receive approval for a t building permit for at least part of the subject to
the Development Plat. If a building permit has not been approved within the two(2)-
year period, the Development Plat approval, unless extended in accordance with
Article 2, Division 5 of Chapter 1, shall expire and the plat shall be null and void.
44
Section 3.1.4.6 Revisions to Development Plat
(a) Following Approval. An applicant may apply for modification of a Development Plat
to reflect changes arising after approval from the installation of public improvements,
provided that the approved Development Plat has not been recorded and that
approval of the modified Development Plat occurs prior to expiration of approval of
the Development Plat application. If the approved Development Plat has been
recorded, revisions may only be approved under Division 7 of this Article.
(b) After Denial or Conditional Approval. Following conditional approval or denial of a
Development Plat application, the applicant may submit a revised Development Plat
application, together with any revised construction plans, for approval by the
Planning Director.
45
Section 3.1.4.7 Recordation
(a) The property owner shall submit the approved Development Plat, following any
required revisions, to the Planning Director, who shall cause the Development Plat to
be recorded in the real property records of the county in which the land is located.
(b) Submittal of Record Plat Where Improvements Installed. Where public
improvements have been installed prior to recording of the plat, the property owner
shall submit a maintenance bond in accordance with Division 8 of this Article from
each contractor, one sealed set of "as built" mylars, and a digital copy of all plans (in
a format required by the City Engineer), together with a letter stating the contractors'
compliance with Division 8 of this Article, and bearing a sealed certification by the
design engineer that all public improvements have been constructed in compliance
with all City construction standards. The property owner also shall submit copies of
the approved Development Plat, revised to reflect the "as built" plans or record
drawings, in the format and number as may be required by the Planning Director.
(c) Submittal of Record Plat Where Improvements Have Not Been Installed. Where
public improvements have yet to be completed in connection with an approved
Development Plat, the property owner shall submit in the format and number as set
forth in the Engineering Design Criteria Manual, the approved Development Plat,
revised to reflect any changes as a result of construction of improvements.
(d) Update of Lienholder Consent. In conjunction with the application for a record plat,
the applicant shall furnish to the City an updated title policy commitment issued by a
title insurance company authorized to do business in Texas, or a title opinion letter
from an attorney licensed to practice in Texas, identifying all persons having an
interest in the property subject to the plat, including lienholders. If there has been any
change in the lienholders since the time of the lienholder consent agreement
provided under Section 3.1.5.2, the applicant shall submit a new agreement
executed by each lienholder consenting to the platting of the property and the
dedications and covenants contained in the plat. The title commitment or title opinion
letter and consent agreement shall be subject to review and approval by the City
Attorney.
46
Division 5: Final Subdivision Plats
Section 3.1.5.1 Purpose, Applicability, Exceptions and Effect
(a) Purpose. The purpose of a Final Subdivision Plat is to assure that the division or
development of the land subject to the plat is consistent with all standards of this
Unified Development Code pertaining to the adequacy of public facilities, that public
improvements to serve the subdivision or development have been installed and
accepted by the City or that provision for such installation has been made, that all
other requirements and conditions have been satisfied or provided for to allow the
plat to be recorded, and to assure that the subdivision or development meets all
other standards of this Unified Development Code to enable initiation of site
preparation activities for any lot or tract subject to the plat.
(b) Applicability. A Final Subdivision Plat application under this division shall be
required for any land division except those that may be approved through the Minor
Subdivision Plat procedures of Division 6 of this Article.
(c) Effect. Approval of a Final Subdivision Plat is authorized only upon acceptance of
public improvements or posting of security, and authorizes the subdivider to install
any improvements in public rights-of-way under approved construction plans and a
subdivision improvement agreement, and to submit an application fora Site
Preparation Permit for any lot in the subdivision.
47
Section 3.1.5.2 Application Requirements
(a) Responsible Official. The Planning Director shall be the responsible official for a
Final Subdivision Plat.
(b) Application Contents. All applications shall be submitted on a form supplied by the
Planning Department with the required information as stated on the application form.
(c) Consent of Lienholders. The applicant shall furnish with the application to the City
a current title commitment issued by a title insurance company authorized to do
business in Texas policy, or a title opinion letter from an attorney licensed to practice
in Texas, identifying all persons having an interest in the property subject to the plat,
including lienholders. The Final Subdivision Plat shall be acknowledged by all
owners of any interest in the land, including lienholders. Said acknowledgement may
be signed on the face of the plat in plain view by each lienholder, or it may be filed
with the plat as a separate instrument bearing the notarized signatures of all
lienholders, effectively denoting that they are consenting to the platting of the
property and to the dedications and covenants that may be contained in the plat.
Such lienholder consent shall be subject to review and approval by the City Attorney.
48
Section 3.1.5.3 Decision
(a) Decision. The Planning and Zoning Commission shall decide whether to approve,
approve with conditions, or deny the Final Subdivision Plat application.
(b) Certification. A notation of the action taken on each Final Subdivision Plat
application and the reasons therefore shall be entered in the minutes of the Planning
and Zoning Commission. The Director's notification to the applicant under Article 2,
Division 2 of Chapter 1 following approval of a Final Subdivision Plat shall constitute
certification that the plat has been approved by the Commission.
49
Section 3.1.5.4 Criteria for Approval
(a) The following criteria shall be used to determine whether the application for a Final
Subdivision Plat shall be approved, approved with conditions or denied:
(1) Prior Approved Preliminarv Subdivision Plat:
a. The Final Subdivision Plat, conforms to the approved Preliminary
Subdivision Plat, as applicable, except for minor changes authorized under
divisions 3 or 4 of this Article and that may be approved without the
necessity of revising the approved Preliminary Subdivision Plat;
b. All conditions imposed at the time of approval of the Preliminary
Subdivision Plat, as applicable, have been satisfied;
c. Required public improvements have been installed, conform to the
approved construction plans, and have been approved for acceptance by
the City Engineer;
d. Where the City Engineer has authorized public improvements to be
deferred, the subdivision improvement agreement and surety have been
executed and submitted by the property owner in conformity with Division 8
of this Article;
e. The final layout of the subdivision or development meets all standards for
adequacy of public facilities contained in this Chapter; and
f. The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Texas Local Government
Code, Chapter 242, where the proposed development is located in whole or
in part in the extraterritorial jurisdiction of the City and in the county, or
drainage district rules, where the land is located in whole or in part within a
drainage district.
g. The plat conforms to design requirements and construction standards as
set forth in the Engineering Design Criteria Manual.
h. The plat conforms to the subdivision application checklist.
(2) No Prior Approved Preliminarv Subdivision Plat:
a. The Final Subdivision Plat conforms to all criteria for approval of a Preliminary
Subdivision Plat, as applicable;
b. The construction plans conform to the requirements of Chapter 3;
c. The subdivision improvement agreement and surety for installation of public
improvements have been prepared and executed by the property owner in
conformity with Division 8 of this Article 1;
d. The final layout of the subdivision or developments meets all standards for
adequacy of public facilities contained in Article 2 of this Unified Development
Code; and
e. The plat meets any county standards to be applied under an interlocal
agreement between the City and a county under Texas Local Government
Code, Chapter 242, where the proposed development is located in whole or in
part in the extraterritorial jurisdiction of the City and in the county, or drainage
50
district rules, where the land is located in whole or in part within a drainage
district.
f. The plat conforms to the subdivision application checklist.
51
Section 3.1.5.5 Revisions to Final Subdivision Plat
(a) Following Approval. An applicant may apply for modification of an approved Final
Subdivision Plat to reflect changes arising from installation of public improvements
thereafter, provided that the approved Final Subdivision Plat has not been recorded
and that approval of the modified Final Subdivision Plat occurs prior to expiration of
approval of the initial Final Subdivision Plat application. If the approved Final
Subdivision Plat has been recorded, revisions may only be approved under Division
7 of this Article.
(b) After Denial or Conditional Approval. Following conditional approval or denial of a
Final Subdivision Plat application, the applicant may submit a revised Final
Subdivision Plat application, together with any revised construction plans, for
approval by the Planning and Zoning Commission, provided that the revised
application is approved prior to the original expiration date of any approved
Preliminary Subdivision Plat, as applicable, for the same land.
52
Section 3.1.5.6 Expiration and Extension
The approval of a Final Subdivision Plat application shall remain in effect for a period
of two (2) years from the date a complete application was officially submitted to the
City, during which period the applicant shall submit any required revisions for
approval and record the plat. If the Final Subdivision Plat has not been recorded
within the two-year (2-year) period, the Final Subdivision Plat approval, unless
extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the
applicable plat shall be deemed null and void.
53
Section 3.1.5.7 Plat Recordation
(a) Procedure. After approval of the Final Subdivision Plat, the Planning Director shall
procure the signature of the chairperson of the Planning and Zoning Commission on
the plat and shall record the Final Subdivision Plat with the county clerk of the county
in which the land is located, upon the subdivider's or developer's performance of one
of the following:
(1) Completion of the construction of required improvements prior to recordation;
or
(2) Filing of security in lieu of completing construction in accordance with Division
8 of this Article.
(3) Regardless of which option, (1) or (2) above, is chosen, construction plans
must be approved in accordance with Section 3.1.8.1 prior to approval of the
Final Subdivision Plat and prior to plat recordation.
(b) Submittal of Record Plat Where Improvements Installed. Where public
improvements have been installed prior to recording of the plat, the property owner
shall submit a maintenance bond in accordance with Division 8 of this Article from
each contractor, one sealed set of "as built" mylars, and a digital copy of all plans (in
a format as determined by the City Engineer), together with a letter stating the
contractors' compliance with Division 8 of this Article, and bearing sealed certification
by the design engineer that all public improvements have been constructed in
compliance with all City construction standards. The property owner also shall
submit copies of the approved Final Subdivision Plat, revised to reflect the "as built"
plans or record drawings, in the format and number as may be required by the
Director.
(c) Submittal of Record Plat Where Improvements Have Not Been Installed. Where
public improvements have yet to be completed in connection with an approved Final
Subdivision Plat, the property owner shall submit in the format and number as set
forth in the Engineering Design Criteria Manual, of the approved Final Subdivision
Plat, revised to reflect any changes required by the Planning and Zoning
Commission.
(d) Update of Lienholder Consents. In conjunction with the application for a record
plat, the applicant shall furnish to the City an updated title policy commitment issued
by a title insurance company authorized to do business in Texas, or a title opinion
letter from an attorney licensed to practice in Texas, identifying all persons having an
interest in the property subject to the plat, including lienholders. If there has been
any change in the lienholders since the time of the lienholder consent agreement
provided under Section 3.1.5.2, the applicant shall submit a new agreement
executed by each lienholder consenting to the platting of the property and the
dedications and covenants contained in the plat. The title commitment or title opinion
letter and consent agreement shall be subject to review and approval by the City
Attorney.
54
Section 3.1.8.1 Construction Plans
(a) Purpose. The purpose of construction plans is to assure that public improvements
required to be installed in order to serve a subdivision or a development are
constructed in accordance with all standards of this Unified Development Code.
(b) Application Contents. All applications shall be submitted on a form supplied by the
Engineering Department with the required information as stated on the application
form.
(c) Responsible Official and Decision.
(1) The City Engineer shall be the responsible official for approval of construction
plans.
(2) For construction plans submitted following approval of a Preliminary
Subdivision Plat or Development Plat, the City Engineer shall approve, approve
subject to modifications, or reject the construction plans within thirty (30)
calendar days after the plans have been submitted. Incomplete plans shall be
returned to the applicant.
(3) If construction plans are approved, the plans shall be marked "approved" and
one set shall be returned to the applicant, and at least two sets shall be
retained in the City's files.
(4) Once the construction plans are approved, the property owner shall provide
additional sets of the approved plans to the City, as specified by the City
Engineer, for use during construction. A full set of the City-approved and
stamped construction plans must be available for inspection on the job site at
all times.
(d) Notification. The City Engineer shall notify the applicant in accordance with Article
2, Division 2 of Chapter 1.
(e) Revised Plan Submission. If the conditions of approval require revision(s) to the
construction plans, one set shall be marked with objections noted (on the plans
themselves and/or in memo format) and returned to the applicant for correction,
whereupon the applicant's engineer shall correct the plans as requested and
resubmit them for decision. A properly revised set of construction plans shall be
submitted to the City Engineer within twenty-one (21) working days of receipt of the
notice of decision. The Director shall have an additional 20 working days to approve
or deny the revised set of plans.
(f) Criteria for Approval. The City Engineer shall render a decision on the construction
plans in accordance with the following criteria:
(1) The plans are consistent with the approved Preliminary Subdivision Plat, or the
proposed Final Subdivision Plat or proposed Development Plat;
(2) The plans conform to the development standards, and standards for adequate
public facilities contained in this Unified Development Code; and
(3) The plans conform to the specifications contained in the City's Engineering
Design Criteria Manual (EDCM).
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(g) Approval Required. Construction of public improvements shall be completed in
accordance with approved construction plans prior to approval of the Final
Subdivision Plat and prior to plat recordation. For Development Plats, construction
of public improvements shall be completed and accepted in accordance with
approved construction plans prior to plat recordation and issuance of a certificate of
occupancy.
(h) Effect. Approval of construction plans authorizes the property owner to install public
improvements in rights-of-way offered for dedication to the public.
56
Section 3.1.8.2 Timing of Public Improvements
(a) Completion Prior to Approval of Final Subdivision Plat. Except as provided
below, after approval of a Preliminary Subdivision Plat and before approval of a Final
Subdivision Plat, the installation of all public improvements required to serve the
subdivision, whether to be located off-site or on-site, including but not limited to
water, wastewater, drainage, roadway and park improvements, shall be finally
completed in accordance with the approved construction plans. Park improvements
in this instance refers to public parks being constructed as part of the development
by the developer (not the City). If the development is being constructed in phases,
and is platted in phases, park improvements shall be completed as phases are
constructed. The installation of improvements required for proper drainage and
prevention of soil erosion on individual residential lots, and improvements on any
common areas, also shall be finally completed prior to Final Subdivision Plat
approval in accordance with the approved construction plans, except as provided
below.
(b) Installation after Final Subdivision Plat Approval. The City Engineer, upon
request of the applicant, may defer the obligation to install one or more public
improvements to serve the subdivision until after Final Subdivision Plat recordation.
The request shall be submitted with an application for Preliminary Subdivision Plat
approval. Deferral of the obligation to install public improvements shall be
conditioned on execution of a subdivision improvement agreement and sufficient
surety to secure the obligations defined in the agreement or sureties as required in
Section 3.1.8.4.
(c) Installation after Development Plat Approval. Upon approval of a site plan in
accordance with Chapter 14, Article 1, Division 1 and approval and recordation of
any necessary offsite and onsite access and utility easements required to serve the
parcels in the Development Plat, including dimensions and location of the easement
and clearly assigned responsibility for perpetual maintenance, installation of public
improvements may be deferred until after the issuance of building permits and before
recordation of Development plat and issuance of Certificates of Occupancies for one
or more buildings within the Development Plat. For Development Plats, deferral of
the obligation to install public improvements shall be conditioned on execution of a
subdivision improvement agreement and provision of security to secure the
obligations defined in the agreement, as required in Section 3.1.8.4.
(d) Off-Site Easements. All necessary off-site easements required for installation of
off-site public improvements to serve the subdivision or development shall be
acquired by the subdivider or developer and conveyed by an instrument approved by
the City Attorney.
57
Section 3.1.8.4 Security for Completion of Improvements
(a) Security. Whenever the obligation to install public improvements to serve a
subdivision or development is deferred until after approval of the Final Subdivision
Plat or recordation of the Development Plat, the property owner shall provide
sufficient security to ensure completion of the required public improvements. The
security shall be in the form of one of the following:
(1) A cash escrow with the City;
(2) An irrevocable letter of credit drawn upon a state or national bank that has a
regular business office in the state of Texas that:
a. Is of a term sufficient to cover the completion, maintenance and warranty
periods, but not less than two (2) years, and
b. Authorizes the City to draw upon the letter of credit by presenting to the
issuer only a sight draft and a certificate signed by an authorized
representative of the City attesting to the City's right to draw funds under
the letter of credit;
(3) A construction funding agreement under which funds for the construction of the
required improvements are escrowed in Texas with an office of a state or
national bank, under which:
a. The City has the irrevocable right to withdraw funds, and
b. The subdivider may be permitted to draw funds to make payments
towards the construction of the improvements as progress is verified; or
(4) A first and prior lien on the property.
(5) Another similar type of agreement that provides security and/or ensure
completion of public improvements and that is approved by the City Attorney.
(b) Amount and Acceptability. The security shall be issued in the amount of one
hundred and twenty-five percent (125%) of the cost estimate approved by the City
Engineer for all public improvements associated with the subdivision. The security
shall be subject to the approval of the City Attorney.
(c) Security for Construction in Extraterritorial Jurisdiction. Where the land to be
platted lies within the extraterritorial jurisdiction of the City, the security shall be in a
form and contain such terms as are consistent with the interlocal agreement between
the City and the county in which the land is located. In cases where the
requirements governing the form and terms of the security are defined in such an
agreement, they will supersede any conflicting provisions of Subsections (a) and (b).
(d) Partial Release. If, in the opinion of the City Engineer, the public improvements
have commenced in good faith, a release for construction on up to five percent of the
residential lots may be issued. A lot must have permanent street access installed to
it prior to this release.
(e) Remedies. In addition to all other remedies authorized in Article 2, Division 6 of
Chapter 1, where a subdivision improvement agreement has been executed and
security has been posted and required public improvements have not been installed
in accordance with the terms of the agreement, the City may:
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(1) Declare the agreement to be in default and require that all the public
improvements be installed regardless of the extent of completion of the
development at the time the agreement is declared to be in default;
(2) Obtain funds under the security and complete the improvements itself or
through a third party; or
(3) Assign its right to receive funds under the security to any third party, including a
subsequent owner of the development in exchange for the subsequent owner's
agreement and posting of security to complete the public improvements serving
the tract.
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Section 3.2.1.1 General Policy
(a) Adequate Service for Areas Proposed for Development. Land proposed for
development in the City and in the City's extraterritorial jurisdiction must be served
adequately by essential public facilities and services, including water facilities,
wastewater facilities, roadway and pedestrian facilities, drainage facilities and park
facilities. Land shall not be approved for platting or development unless and until all
public facilities necessary to serve the development exist or provision has been
made for the facilities, whether the facilities are to be located within the property
being developed or offsite.
(b) Eligibility for Building Permits. No building permit shall be issued until all public
facilities planned to serve the proposed development are completed and accepted by
the City, except as provided below:
(1) Upon submission of security pursuant to Section 3.1.8.4, recordation of the
final subdivision plat, and approval of a site plan, a permit may be issued for
site work limited to clearing, grading, and installation of underground utilities
(public or private) within the land proposed for development. As used in this
section, "underground utilities" shall include water, wastewater, drainage,
and dry utilities.
(2) Anon-residential development that complies with (1) above may also, upon
approval of City Council, be issued a building permit for construction of
noncombustible improvements not more than thirty feet (30) in height,
provided that all areas of construction are accessible to emergency vehicles
by way of an all weather road capable of supporting the heavy equipment
necessary for the construction activity.
(3) Anon-residential development that complies with (1) and (2) above may
also, upon approval of City Council, be issued a building permit to allow the
interior build-out of premises to be occupied by the owner of the property,
provided that said premises are served by a water line and fire hydrant that
pass City inspection.
(4) A development subject to a Development Plat under Chapter 3, Article 1,
Division 4, above.
(c) Responsibilities of the Developer. The developer shall be responsible for the
following:
(1) Phasing of development or improvements in order to ensure the provision of
adequate public facilities;
(2) Extensions of public facilities and roadways (including any necessary on-site
and off-site facilities) to connect to existing public facilities;
(3) Providing and/or procuring all necessary property interests, including rights-of-
wayand easements, for the facilities (whether on-site oroff-site);
(4) Providing proof to the City of adequate public facilities;
60
(5) Making provisions for future expansion of the public facilities as needed to
serve future developments, subject to the City's oversize participation policies,
if applicable;
(6) Providing for all operations and maintenance of the public facilities, or providing
proof that a separate entity will be responsible for the operations and
maintenance of the facilities;
(7) Providing all fiscal security required for the construction of the public facilities;
(8) Obtaining approvals from the applicable utility providers other than the City;
and
(9) Complying with all requirements of the utility providers, including the City and
applicable drainage districts
(d) Eligibility for Certificate of Occupancy. Notwithstanding the completion of any
construction or development activity that is allowed in subsection (b), no certificate of
occupancy or any kind shall be issued for any development until all public facilities
required to serve the development has been completed and accepted by the City,
and all other applicable requirements of the UDC are met.
61
Section 3.2.14.2 Lots -Determination and Regulation of Size
(a) Zoning District Requirements, If Applicable. Lots shall conform to the minimum
requirements of the established zoning district, if located within the City's corporate
limits.
(b) General Shape and Layout. The size, width, depth, shape and orientation of lots,
and the minimum building setback lines shall be designed to assure the adequate
provision of public facilities and the purpose of these subdivision regulations (within
this Chapter 3 of the UDC), taking into consideration the location and size of the
subdivision and the nature of the proposed uses.
(c) Irregularly-Shaped Lots. Irregularly-shaped lots shall have sufficient width at the
building line to meet lot width and frontage requirements of the appropriate zoning
district (if within the City's limits), and shall provide a reasonable building pad without
encroachment into front, side or rear yard setbacks or into any type of easement.
Also, the rear width shall be sufficient to provide access for all necessary utilities,
including access for driveways and solid waste collection when alleys are present
(minimum 20-foot alley frontage). In general, triangular, severely elongated (in
excess of a 3 to 1 depth to width ratio) or tapered, or flag lots shall be not be
permitted, except as provided in Section 2.6.1.1 (b) (1). Lot depth and width shall be
measured as shown in Chapter 2, Figure 2-4, The City reserves the right to
disapprove any lot which, in its sole opinion, will not be suitable or desirable for the
purpose intended or which is so oddly shaped as to create a hindrance to the logical
lot layout of surrounding properties.
(d) Side Lot Line Configuration. Side lot lines shall be at ninety degree (90) angles or
radial to street right-of-way lines to the greatest extent possible. The City reserves
the right to disapprove any lot which, in its sole opinion, is shaped or oriented in such
a fashion as to be unsuitable or undesirable for the purpose intended, or which is not
attractively or appropriately oriented toward its street frontage.
(e) Double Frontage Lots. Double frontage lots shall be avoided, except where they
may be essential to provide separation of
residential development from major
thoroughfares, or to overcome a specific
disadvantage or hardship imposed by
topography or other factors. Where lots
have double frontage, are not screened,
and/or are provided access directly onto a
major thoroughfare, building setback lines
shall be established for each street side,
and rear yard screening shall be provided
in accordance with Chapter 4, Article 2,
Division 4. Residential lots shall not back
onto any residential street or collector
street within a residential area or
neighborhood, provide direct access onto a
thoroughfare, or have more than one-half
of its perimeter boundaries along streets.
62
(f) Extra Depth and Width in Certain Cases. Additional depth shall be required by the
Planning and Zoning Commission when a lot in a residential area backs up to a
railroad right-of-way, a high pressure gasoline, oil or gas pipeline, an electric
transmission line (69 kv or higher), a thoroughfare, an industrial area, or other land
use that has a depreciating effect on the residential use of the property and where no
marginal access street or other street is provided at the rear of the lot. A depth in
excess of 140 feet shall not be required. Where a lot sides to any of the uses listed in
this subsection, additional width shall be required by the Commission, but a width in
excess of 75 feet shall not be required.
(g) Lots Adjacent To or In Floodplains. Subdivision of property in a designated
floodplain must meet the requirements for floodplain management in the City's
adopted Flood Hazard Prevention Ordinance and/or Chapter 30 of the City Code, as
applicable.
(h) Landscaping and Buffering. The design of lots shall take into consideration the
requirements of Chapter 4 pertaining to landscaping and buffering, specifically in
situations where the subdivision will be adjacent to areas of different land uses or
when residential densities or different land uses or various residential densities will
be developed within the subdivision.
(i) Building Lines. Front building lines shall be shown for all lots on all plats submitted
for land within the City's ETJ.
(j) Access. Each lot shall have access to a public street or a private street built to city
standards by direct frontage on such street. The minimum required frontage of a lot
shall be equal to the minimum lot width allowed for the zoning district in which the lot
is located. The Planning and Zoning Commission may approve a minor subdivision
plat containing lots that do not have frontage on a public street, as long as such lots:
(1) are pre-existing and the plat does not include a division of land that creates
any new lots lacking frontage on a public street.
(2) have existing access to a public street via not more than one (1) permanent,
valid access easement that is:
a. recorded in the county real property records;
b. appurtenant to (runs with) the land;
c. at least fifteen feet (15') wide and no more than two hundred feet
(200') long;
d. cleared of trees, shrubs, debris, structures, and other obstacles to
vehicular traffic; and
e. improved to the City's minimum standards for driveways
(3) are zoned for single family residential use; and
(4) are either currently being used as residences or have been used as
residences in the past and have not been vacant more than eighteen (18)
months.
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Lots shown on a Development Plat under Section 3.1.4.1 shall be permitted to have
access via an access easement that meets the requirements of Section 4.2.1.2
(a)(8).
As used in this section, the term "pre-existing" shall mean that, on the later of March
9, 1981 or the date the property was annexed into the City, the property was in the
same configuration, as indicated by deed records, as is being shown on the minor
subdivision plat.
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Section 4.1.3.2 Improvements & Related Triggers
(a) Required Improvements. The following improvements required by this UDC shall
be adhered to when an expansion triggers such improvements:
(1) Facade Materials: As required within the applicable zoning district (Chapter 2)
and/or in Chapter 2, Article 6, Division 2.
(2) Sidewalks: As required within the applicable zoning district (Chapter 2) and/or
in Chapter 3, Article 2, Division 11.
(3) Parking: As required within the applicable zoning district (Chapter 2) and/or in
Chapter 4, Article 2, Division 1.
(4) Landscaping: As required within the applicable zoning district (Chapter 2)
and/or in Chapter 4, Article 2, Division 2.
(5) Screening/Fencing: As required within the applicable zoning district (Chapter
2) and/or in Chapter 4, Article 3, Division 4.
(b) Triggers. Expansions to an existing property that meet the following shall trigger all
of the improvements outlined in (a) above, unless otherwise specified:
(1) Structure Sauare Footage: Any expansion shall trigger the improvements
required under (a) (3) and (a) (5). An expansion that exceeds five hundred
square feet (500 sq. ft.) shall trigger the improvements required under (a) (1 ),
(a) (2), and (a) (4). Partial enclosure of existing loading docks shall not trigger
these improvements.
(2) Structure or Property Value: An expansion or improvement of a structure that
improves the appraised value of the structure or property by more than fifty
percent (50%).
(3) Parking Spaces Increase: An increase in the number of parking spaces equal
to or more than twenty percent (20%).In this case, facade material
requirements shall not be required.
(c) Definition. As used in this section, the term expansion shall mean an increase in the
square footage of any structure on a nonconforming property, whether by increasing
the size of an existing structure or the construction of a new structure.
65
Section 4.2.1.2 Minimum Requirements 8~ Standards
(a) Minimum Requirements for Off-Street Parking. Requirements are as follows:
(1) Parking on grass or other non-paved area in any zoning district is prohibited
except for agricultural machinery or equipment in the SD or RE zoning districts.
(2) For any multiple-family, duplex, or townhome dwelling unit or condominium
where leasing offices are provided on the site, visitor parking must be provided
as per the office parking requirements outlined in this section. Where
clubhouses are provided on the site, appropriate off-street parking must be
provided as per the eating and drinking establishments requirements outlined
in this section.
(3) For residence halls, fraternity buildings, and sorority buildings, additional
parking spaces may be required by the Planning and Zoning Commission for
fraternity and sorority buildings as a condition of the Site Plan approval where
the building does not provide permanent sleeping facilities for all members of
the organization.
(4) The requirements for schools within Table 4-1 shall not apply to private schools
which do not permit students to bring motor vehicles to the institution; however,
the educational institution shall be required to provide adequate off-street
parking for faculty, administrative personnel, and athletic events including
visiting of parents or other personnel. Such requirements will be calculated
based on the applicable parking requirements for the individual uses.
(5) For any restaurant, eating and/or drinking establishment where permanent
outdoor seating areas including decks, patios, or other unenclosed spaces are
provided, those areas shall be included in the calculation of gross floor area
and total number of seats. Establishments having only outdoor dining
consisting of fewer than sixteen (16) seats shall provide a minimum of four (4)
parking spaces.
(6) In addition to required parking spaces, a day care center or pre-elementary
school shall provide a driveway having a length sufficient for temporary parking
of at least three (3) vehicles whereby the temporary parking spaces do not
block access to the other required off-street parking spaces. In lieu of the
driveway required herein, a day care center or pre-elementary school located
within a development with shared parking, such as amultiple-occupancy center
or an integrated business development, may provide three (3) clearly
designated temporary parking spaces located not more than one hundred feet
(100') from the main entrance of the day care center or pre-elementary school.
(7) Parking requirements for recreation and amusement facilities that have any
combination of the outdoor uses listed in Table 4-7 on the same premises shall
be calculated based on the sum of the minimum requirements for the individual
uses proportionate to the indoor and outdoor areas allocated for each use.
(8) For developments within Development plats, as permitted under Chapter 3,
Article 1, Division 4, where access and frontage is provided by access
easements, the following requirements will apply:
a. Minimum access easement width of twenty-six feet (26');
66
b. Fifty feet (50') of separation between the adjoining street curb line and the
edge of the entrance to the first parking bay;
c. Twenty-four feet (24') aisle width between adjoining parking bays, or the
parking bay and edge of the parking lot;
d. Thirty-six foot (36') minimum depth of parking bays containing two rows of
parking;
e. Ten-foot (10') minimum width raised islands at each end of each parking
bay and along the both sides of access easement, separating the parking
bays from access easements or drive aisles; and
f. Four-foot wide sidewalks should be provided along both sides of all access
easements and at other areas designated for pedestrian access.
26'
Access
Easement
50' i n .
Street
10' min.
3 6'
I
I
~.
24'
S' Sidewalk
Property Line
...... ROW".....e ,.. ,
Table 4-1
RPnluirPrl Numhar of Parkins .Cnarac Rv Tvno of /loo
Type of Use Number of Spaces Required
All other places of public assembly not 1 space for each 4 seats of capacity in the main
specified area containing fixed seating
All other schools not specified 1 space for each classroom plus 1 for each 15
students
All other uses not specified -Also see
Section 4.2.1.2(c) 1 space per 165 square feet of gross floor area
67
Assembly hall 1 space for each 4 seats of capacity in the main
area containing fixed seating
Auto parts store 1 space for each 200 square feet of gross floor
area
Bank, savings and loan or credit union 1 space per 200 square feet of gross floor area
Barber and/or beauty shop 1 space for each 200 square feet of gross floor
area
Bookstore 1 space for each 200 square feet of gross floor
area
Bowling alley 5 parking spaces for each bowling lane
Bus depot 1 for each 100 square feet of floor area
Business support service 1 space for each 200 square feet of gross floor
area
Church 1 space for each 4 seats of capacity in the main
area containing fixed seating
Clothing store 1 space for each 200 square feet of gross floor
area
1 space for each 4 seats or 1 space for every
Conference center/convention center .100 square feet of gross floor area, based on
maximum desi n ca acit whichever is less
1 space for each 200 square feet of gross floor
Convenience store area plus 1 space for each gasoline/diesel
um
Dance, assembly and exhibition halls 1 space for each 100 square feet used for
without fixed seats assembly or dancing
Day care center or pre-elementary school
- Also see Section 4.2.1.2 a 6 1 space per 300 square feet of gross floor area
Department store 1 space for each 200 square feet of gross floor
area
Elementary school 1 space per 20 students and 1 space per staff
faculty member
1 parking space for each 50 square feet of floor
Funeral home or mortuary space in slumber room parlors or individual
funeral service rooms
General merchandise store 1 space for each 200 square feet of gross floor
area
Grocery store 1 space for each 200 square feet of gross floor
area
Group home 4 spaces
High school and/or vocational school 1 space for every 3 students, faculty and staff,
based on maximum design capacity
Hospital 1 space per bed
68
1 parking space for each sleeping room or suite
Hotel or motel plus 1 space for each 200 square feet of
commercial floor area contained therein
Junior high school 1 space per 15 students and 1 space per staff
faculty member
Laundry service 1 space for each 200 square feet of gross floor
area
Library 1 space for each 300 square feet of floor area
Lodging houses and boarding houses 1 space per each 2 persons capacity of
overnight sleeping facilities
Manufacturing plant 1 for each 1.5 employees in the maximum work
shift
Medical or research laboratory 1 for each 1.5 employees in the maximum work
shift
Medical or dental clinic 4 spaces for each treatment room
Multiple-family, duplex, or townhome dwelling unit or condominium -Requirements below
[Also see Section 4.2.1.2(a)(2)]
Efficiency unit 1'/2 spaces
One-bedroom unit 2 spaces
Two-bedroom unit 2'/2 spaces
Three-bedroom unit, or more 1 space per bedroom
bedrooms
Multi-use Occupancy 1 space for each 200 square feet of gross floor
area
Office and professional uses 1 space for each 300 square feet of gross floor
area
Pharmacy 1 space for each 200 square feet of gross floor
area
Product repair service 1 space for each 200 square feet of gross floor
area
Recreation and amusement facility -Requirements below [Also see Section 4.2.1.2(a)(7)]
Arcade 1 space per 200 square feet of gross floor area
Driving/archery/shooting range 1 space per 200 feet of gross floor area of
indoor facilities, plus 1 space per tee or target
Fairground, exhibition, carnival 1 space per 500 square feet of outdoor site
area, lus 1 s ace er 4 fixed s ectator seats
Go-carts and all-terrain vehicles 1 space per 2 vehicles, plus 1 space per 4
s ectator seats
Golf course 1 space per 150 square feet of gross floor area
of indoor facilities, plus 5 spaces per green
Miniature golf 1 space per 200 square feet of gross floor area
of indoor facilities, plus 1 1/2 spaces per hole
Rodeo, circus, auto/motorcycle racing 1 space per 3 spectator seats
69
1 space per 200 feet of gross floor area of
Skateboarding, water slide indoor facilities, plus 1 space per 2 persons
desi n ca acit of outdoor facilities
1 space per 100 square feet of gross floor area
Sport fields, swimming pool, private of indoor facilities plus 1 space per four
parks and playgrounds persons design capacity of outdoor facilities,
including both participants and spectators as
a licable
Tennis and other sport courts 2 spaces per court
Residence halls, fraternity buildings, and
sorority buildings -Also see Section 1 space per person capacity of permanent
4.2.1.2 a 3 sleeping facilities
Residential care facility 1 space per each two persons capacity
Restaurant, eating and/or drinking 4 spaces, plus 1 space for each 100 square
establishment -Also see Section feet of gross floor area, or 4 seats, whichever
4.2.1.2 a 5 is less
Retail uses not otherwise specified 1 space for each 200 square feet of gross floor
area
Sanitarium, convalescent home, home for
the aged or similar institution 1 parking space for each 2 beds
School auditorium 1 space for each 4 seats of capacity in the
main area containing fixed seating
Self-storage ormini-warehouse 4 spaces plus one space per 10,000 square
feet of storage area
Shopping centers, malls, and multi- 1 parking space per 200 square feet of floor
occupancy uses over 3 acres in size space
Single-family attached and detached
dwelling units (including manufactured or 2 parking spaces per dwelling unit
industrialized housin unit
Sports arena 1 space for each 4 seats of capacity in the
main area containing fixed seating
Stadiums 1 space for each 4 seats of capacity in the
main area containing fixed seating
Student center 1 space for each 300 square feet of floor area
1 parking space for each 50 square feet of floor
Take-out ordrive-through eating space used or designated as customer service
establishment with no indoor dining and waiting area, or 4 spaces, whichever is
reater
Theater 1 space for each 4 seats of capacity in the
main area containing fixed seating
Vehicle repair facility (office spaces 1 space for each 200 square feet of floor area
calculated based on office requirements) devoted to vehicle repair, excluding office
s ace
Vehicle sales or rental dealer 1 parking space for employees and customers
per 3,000 square feet of open sales lot and
70
enclosed floor area devoted to the sale,
display, or rental of motor vehicles, mobile
homes, or trailers
Warehouse (office spaces calculated 1 space for each 2,000 square feet of gross
based on office requirements) floor area excluding office space
(b) Minimum Requirements for Off-Street Stacking. Off-street stacking requirements
for drive-through facilities shall be as follows.
(1) A stacking space shall be an area on a site measuring eight feet (8') by twenty
feet (20') with direct forward access to a service window or station of a drive-
through facility which does not constitute space for any other circulation
driveway, parking space, or maneuvering area.
(2) For financial institutions with drive-through facilities, each teller window or
station, human or mechanical, shall be provided with a minimum of five (5)
stacking spaces.
(3) For retail operations, other than restaurants, banks and kiosks that provide
drive-up service, including pharmacy and dry cleaners, a minimum of three (3)
stacking spaces for each service window shall be provided.
(4) For afull-service car wash, each vacuum or gas pump lane shall be provided
with a minimum of four (4) stacking spaces. For the finish and drying area,
adequate vehicle stacking and storage space must be provided to keep
finished vehicles out of circulation aisles, access easements, fire lanes and
streets.
(5) For each automated self-service car wash bay, a minimum of three (3) stacking
spaces, in addition to the wash bay itself, shall be provided. One stacking
space shall be provided at the exit end of each wash bay for window-drying
and other detailing.
(6) For each wand-type self-service car wash bay, a minimum of two (2) stacking
spaces, in addition to the wash bay itself, shall be provided. One stacking
space shall be provided at the exit end of each wash bay for window-drying
and other detailing, unless a separate area and shade structure is provided,
outside of circulation aisles, for these activities.
(7) For automobile quick-tube type facilities, a minimum of three (3) stacking
spaces shall be provided for each service bay in addition to the service bay(s)
itself.
(8) For restaurants with drive-thru service, a minimum of five (5) stacking spaces
shall be provided for the first (or only) window, and if applicable, a minimum of
two (2) stacking spaces for each subsequent window.
(c) New or Unclassified Uses. When a proposed land use is not classified in this
section, the parking requirements will be based on the minimum standard which
applies to a specified use which is most closely related to the proposed land use, as
determined by the Director, based on parking studies prepared by qualified
professionals.
(d) Parking on the Same Lot Required. Except as provided in Chapter 1, Article 1 for
circumstances that may be approved by the Zoning Board of Adjustment as a special
71
exception, all required off-street parking spaces shall be located on the same lot or
tract as the principal use being served by the parking area. All required parking shall
be on a paved surface. In such cases where parking is located on a separate lot, the
following is required:
(1) The parking is provided on a separate, conforming parking lot located not more
than 500 feet away from the premises of the use for which parking
requirements the parking lot is fulfilling, and which shall be conveniently usable
without unreasonable:
a. Hazard to pedestrians;
b. Hazard to vehicular traffic;
c. Traffic congestion; or,
d. Detriment to the appropriate use of other properties in the vicinity;
(2) A written agreement shall be drawn to the satisfaction of the City Attorney and
executed by all parties concerned, including the owner/agent of the principal
use utilizing the parking and the owner/agent of the lot on which the parking is
to be provided. Such written agreement shall assure the continued availability
of and access to (i.e., via an easement, etc.) the off-street parking area for the
principal use it is intended to serve.
(e) Off-Street Loading Requirements. In all zoning districts there shall be provided, in
connection with appropriate allowable uses, off-street loading facilities in accordance
with the following: Any department store, industrial plant, manufacturing
establishment, retail establishment, storage warehouse or wholesale establishment,
which has an aggregate gross floor area of 10,000 square feet or more, arranged,
intended or designed for the use shall be provided with off-street truck loading or
unloading berths at least 12 feet wide, 14 feet high and 35 feet long in accordance
with the following table. There shall be sufficient space to ensure that all
maneuvering required to utilize the loading space will not include street right-of-way.
Table 4-2
Required Loading Spaces
Table 4-2
Required Loading Spaces
Square Feet of Aggregate
Gross Floor Area Required
Number of Berths
10,000 to 40,000 1
40,001 to 100,000 2
100,001 to 160,000 3
160,001 to 240,000 4
240,001 to 320,000 5
320,001 to 400,000 6
400,001 to 490,000 7
72
Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multiple-
Family, &Single-Family Development
(a) Meaning of "Landscape Area". Landscape area shall mean the area (greater than
one foot in width) within the boundary of a lot or parcel that is comprised of pervious
surface integrated with living plant material, including but not limited to trees, shrubs,
flowers, grass, or other living ground cover or native vegetation. For the purposes of
meeting the requirements of this division, undeveloped portions of the site cannot be
considered landscaped area. Landscaped areas shall be bounded by raised or
ribbon curbs.
(b) Establishment of Minimum Percentages. A minimum percentage of the total
gross lot area of property excluding any required detention facilities) on which
development, construction or reconstruction occurs after the effective date of the
ordinance from which this division derives shall be devoted to landscape in
accordance with the requirements in Table 4-4; provided, however, that these
requirements shall not apply to the development, construction or reconstruction of
single-family detached residential structures.
Table 4-4
Required Landscaping By Land Use Type
Land Use Percent Landscaped Area Required
Multiple-Family 15
Office and Professional Uses 15
Mixed Use 15
Retail and Commercial 15
Industrial or Manufacturing 10
All Other Nonresidential Uses 10
Note: Percentages are based on the total gross lot area.
(c) Minimum Requirements. The minimum landscape requirements shall be employed
in accordance with the Tree Preservation and Landscape Design Guidelines
(Guidelines) made a part hereof, 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). Trees listed in Section 4.2.3.9 (e) with a
minimum two inch (2") caliper measured twelve inches (12") from the ground shall be
provided along street frontage(s) with the total caliper inches equal to one inch (1")
for each fifteen feet (15') of frontage. Each required tree shall be planted in a
landscaped area of at least 36 square feet with a minimum dimension of six feet (6').
(d) Screening of Parking Areas. Landscaping shall be required for the screening of
parking areas from an abutting public right-of-way or adjacent property.
(1) Front yard parking areas and side yard parking areas fronting on a street right
of way shall be screened from the right-of-way by a continuous hedge or berm.
74
(2) The side yard of any lot that contains a parking area abutting a property used
or zoned for a nonresidential use shall provide a screen of hedges, berms, or
fences so as to provide a screen for a minimum of thirty-five percent (35%) of
the length of the parking lot. The required side lot screening may be grouped
and dispersed randomly.
(3) Screening between nonresidential and residential lots shall be provided in
conformance with Division 4 of this Article.
(4) The minimum number of shrubs shall be equal to the total caliper inches of
street trees required under this division multiplied by five (5). Shrubs and
berms shall be maintained at a height of no more than thirty-six inches (36")
nor less than eighteen inches (18") as measured from the surrounding soil line.
(5) A nonresidential development that has a shared parking area with an adjacent
nonresidential development shall not be required to screen such shared
parking area in relation to the abutting side yard. The alternate side yard,
however, shall be screened in accordance with Subsection (d)(2) above.
(6) Each required tree and required landscaping shall be planted in a landscaped
area of at least 36 square feet with a minimum dimension of six feet (6').
(e) Interior of Parking Areas. Interior landscaping shall be required 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.
(1) In addition to street trees required under Subsection (c) above, trees in Class I
or II of the Guidelines with a minimum two inch (2") caliper shall be provided
within or adjacent to the parking area at tree islands that:
A. are at least nine feet (9') wide;
i
Building
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75
B. each have a square footage at least equal to the total area of one
parking space;
C. are located so that no parking space is further away than one hundred
feet (100') from a tree island.
(2) Tree islands must be protected from vehicle intrusion by curbs or similar
structures. Two feet (2') of the tree island may be counted as part of the
required depth of the abutting parking space.
(3) The total caliper inches shall equal one inch (1") for each five (5) parking
spaces.
(4) Caliper inches of street and parking lot trees may be provided by planting a
combination of trees that exceed the minimum two inch (2") caliper.
(f) Large Tracts. On large tracts of land, exceptions to this division may be granted by
the Planning Director to require a lesser amount of landscaping if the aesthetic,
buffering and environmental intent of this division is met, and it is located along
rights-of-way or in strategic environmentally sensitive areas.
(g) Landscaping On-Site and Related Location.
(1) The landscaped area required by Section 4.2.2.4 shall be placed upon that
portion of a tract or lot that is being developed.
(2) Seventy-five percent (75%) of the area required by Table 4-4 shall be installed
in between the front or side property lines and the building being constructed.
Clustering the remaining required landscaping along property lines abutting a
lower intensity land use is encouraged.
(3) Undeveloped portions of a tract or lot shall not be considered landscaped.
(h) Landscaping Within Parking Areas.
(1) No parking space shall be located more than one hundred feet (100') from a
portion of the required landscaping.
(2) Each landscape island within a parking lot shall contain a minimum square
footage equivalent to one parking space of pervious area, shall be at least nine
feet (9') wide, and shall allow at least three feet (3') between any trees within
the island and the edge of the island.
(i) Tree Credits. Tree credits shall be given pursuant to Article 2, Division 3 of this
Chapter of the UDC.
Q) Landscaping Within Single-Family Developments. The following are minimum
landscaping requirements for single-family lots and developments.
(1) Tree By Lot Reauirements: Each single-family lot shall have two (2) large
shade trees placed thereon with a minimum two-inch (2") caliper, measured at
twelve inches (12") above the root ball, and a minimum six feet (6') in height at
the time of planting.
(2) Additional Requirements: Each single-family lot shall have at least three (3) out
of the following four (4) options:
a. Two (2) ornamental trees a minimum six feet (6') in height at the time of
planting;
76
b. Four (4) evergreen shrubs, equal in size to at least a five-gallon-
container-size shrub;
c. Eight (8) small shrubs, equal in size to at least atwo-gallon-container-size
shrub; and
d. Solid vegetative ground cover or lawn for the entirety of the lot that is not
otherwise covered by building(s) and/or driveway area(s).
(3) Street Tree Reauirements: In addition to the requirements in (1) and (2) above,
trees are required along all streets within single-family developments as
follows:
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1") for each forty feet (40') of
frontage.
b. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
c. At the time of planting, a minimum of eight feet (8') shall be provided
between a tree trunk and the back of any curb and between a tree trunk
and any planned or existing underground public utility lines.
d. At the time of planting, a minimum of twenty feet (20') shall be provided
between individual trees.
(k) Location Exception. Developments located in M-1 and M-2 zoning districts and
Public Educational Facilities shall comply with all requirements herein regarding
quantity of landscaping, but are exempt from the requirement of locating landscaping
within landscape islands in the interior of parking areas.
(j) Approved Trees. Only trees belonging to the species listed in Section 4.2.3.9 (e)
will satisfy the tree planting requirements of this section.
77
Section 4.2.5.3 On-Premise Ground Signs
(a) Applicability. An on-premise ground sign shall be permitted only on lots with one
(1) use or business. Amulti-tenant sign shall be required on lots with more than one
(1) use or business in conformance with Section 4.2.5.4.
(b) Standards. Permanent on-premise ground signs are subject to the following
standards:
(1) Number Allowed: The number of on-premise ground signs on one (1) site is
limited to one (1) per street frontage of at least one hundred feet (100'). The
following are not counted in this limitation:
a. Additional directional signs up to two (2) square feet in area each,
provided the number of these signs does not exceed the number of
driveways; and,
b. Subdivision, Builder, or Model Home Signs as described in (b) (5).
c. Subdivision identification signs as described in (b) (6).
d. For Sale/Lease signs as described in (b) (8).
e. Construction signs as described in (b) (9).
f. Business Opening signs as described in (b) (10).
g. Holiday signs as described in (b) (11).
h. Special event signs as described in (b) (12).
i. Marquee signs as described in (b) (13).
j. Government signs as described in (b) (14).
(2) Maximum Height: The maximum height of any on-premise ground signs shall
not exceed eight feet (8') (refer to Figure 4-6 on the following page).The portion
of the base of the sign within two feet (2') of the grade of the ground shall not
be included in the height calculation.
(3) Maximum Sign Area:
a. The maximum effective sign area per side per sign shall not exceed the
following:
1. MF, MH and OP zoning districts -thirty-five (35) square feet;
2. NS zoning district -fifty (50) square feet;
3. GB zoning district -seventy-five (75) square feet;
4. BP-288, GC, M-1, and M-2 zoning districts -one hundred (100)
square feet;
5. Mixed use districts (SPD, C-MU, G/O-MU, and OT) -unless
otherwise specified within the SPD or OT regulations, fifty (50)
square feet for nonresidential uses; not permitted for residential
uses;
6. Planned Developments (PD) - as specified on the Site Plan, if
different from the base zoning district;
7. Non-residential uses in residential districts -thirty two (32) square
feet. Other signs in residential districts are prohibited except where
expressly allowed under this UDC.
78
GASOLINE
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1
.
.
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the sign
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Figure 4-6
Measuring the Height of a Sign
b. The effective area shall be measured from the highest point on the sign to
the elevation of the center of the base of the sign by the width at the
highest point (refer to Figure 4-7). Changeable message signs or
marquee signs may be part of a ground sign, but shall not cover more
than seventy-five percent (75%) of the effective area.
(4) Location: No ground sign shall be closer than five feet (5') to any property line.
(5) Subdivision, Builder, or Model Home Sign: A sign advertising a new residential
subdivision under active construction and sales or a model home therein shall
be allowed subject to the following conditions:
a. The sign must be located on: (1) a lot on which a model home is
located; or (2) a lot, tract, or reserve that is not intended for sale and
the maintenance of which is the responsibility of the builder,
developer, or homeowners association.
b. The sign may not exceed ten feet (10') in height or thirty-two square
feet (32 square feet) in area per sign face.
c. Only one sign in this category is allowed per three hundred feet (300')
of local street frontage. Signs on model home lots do not count
against this limit.
d. "Active construction and sales" means: (1) the subdivision has lots for
sale; (2) there is at least one (1) pending building permit for new
construction of a home within the subdivision; and (3) there is a model
home in the subdivision open during regular business hours where
potential buyers may review and select available home floorplans,
options, and upgrades.
e. All signs erected pursuant to this subsection must be removed within
five (5) years.
(6) Subdivision Identification Sign: A permanent subdivision identification(s) sign
that is a maximum of one hundred and twenty (120) square feet in area per
79
Figure 4-7
Measuring the Effective Sign Area
sign may be displayed on private property at a street entrance to the
subdivision, in addition to other ground signs permitted by this division. The
sign is subject to the following:
a. The size, material, and location of the sign shall be indicated on the
construction plans for the subdivision;
b. A "Reserve" shall be shown on the Final Subdivision Plat or Final
Development Plat, indicating the location of the sign; and,
b. There shall not be more than two (2) such signs per street entrance to the
subdivision.
(7) Electronic Changeable Message Sign: An electronic changeable message sign
that conforms to the size and locational requirements of this Section shall be
permitted with adherence the following:
a. Each message displayed on an electronic changeable message sign
must be static or depicted for a minimum of six (6) seconds. The scrolling
of messages is permitted, but must also conform to the minimum of six
(6) seconds static display.
b. The flashing display (i.e., changeable message) portion shall not exceed
twenty-five (25) percent of the total allowable effective sign area.
c. The flashing display (i.e., changeable message) portion shall be limited to
one (1) color, and shall be limited to white, gold, yellow, red, blue, or
green. The Planning Director shall determine whether proposed colors
conform to these colors.
d. The addition of any flashing display (i.e., changeable message) to any
nonconforming sign is prohibited.
(8) For Sale/Lease Sign: A sign advertising that certain real property or a portion
thereof is for sale or lease shall be allowed subject to the following conditions:
a. The sign may not contain any message unrelated to the property's being
for sale or lease.
b. For nonresidential properties, the sign may not exceed six feet (6') in
height or thirty-two square feet (32 ft2) in area per sign face. For
residential properties, the sign may not exceed four feet (4') in height or
six square feet (6 ft2) in area per sign face.
c. Only one such sign is allowed per parcel of real property.
(9)Construction Sign: A sign placed on non-residential real property undergoing
construction or within one month before the commencement of construction
shall be allowed subject to the following conditions:
a. The sign may only identify the principal parties to the construction,
including without limitation the contractor, architect, engineer, and any
lending institution, and may not contain any other advertising.
b. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
80
c. Only one such sign is allowed per street frontage of the property, with a
maximum of two per property.
(10)Business Opening Sign: A sign placed on non-residential real property
announcing the opening for business of the non-residential use located thereon
shall be allowed subject to the following conditions:
a. The sign must be displayed continuously for not more than ninety (90)
days during the permissible display period beginning upon issuance of
the building permit and ending one month after issuance of the certificate
of occupancy for the use.
b. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
c. Only one such sign is allowed per street frontage of the property, with a
maximum of two per property.
(11)Holiday Sign: Signs placed on real property acknowledging, observing, or
celebrating a recognized national, state, or local holiday without containing any
other advertising shall be allowed subject to the following conditions:
a. The signs may not be displayed for more than a total of ninety (90) days
per calendar year.
b. The sign may not exceed twelve feet (12') in height or sixty-four square
feet (64 ft2) in area per sign face.
c. Only two of such signs are allowed per street frontage for non-residential
properties, with a maximum of four per property. There is no limit on
number for residential properties.
(12)Special Events Sian: Signs advertising a special event sponsored by a non-
profit organization, charitable group, or civic club and placed on real property
where said event is to take place shall be allowed subject to the following
conditions:
a. The signs may not be displayed more than fourteen (14) days before, or
five (5) days after, the event.
b. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
c. Only one such sign is allowed per street frontage, with a maximum of
three per property.
(13)Marauee Sian: Signs located on the premises of a religious, educational, or
other noncommercial institution, which function solely to disseminate
information about events, programs, or announcements related to the
institution's purpose or function shall be allowed subject to the following
conditions:
a. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
b. Only one such sign is allowed per property.
81
(14)Government Sign: Signs erected by an entity of the state, county, or local
governments and containing only information or advertising related to that
entity's governmental function shall be allowed subject to the following
conditions:
a. The sign may not exceed twelve feet (12') in height or one hundred and
fifty square feet (150 ft2) in area per sign face.
b. Only two such signs are allowed per street frontage of the property.
82
Section 5.1.1.1 General Definitions
(a) General Definitions. The following definitions are intended to provide descriptions for
words and terms used within this UDC. Absent any conflict, words and terms used in
this UDC shall have the meanings ascribed thereto in this Chapter 5. When words and
terms are defined herein, and are also defined in other ordinance(s) of the City, shall
be read in harmony unless there exists an irreconcilable conflict, in which case the
definition contained in this Chapter 5 shall control. For any definition not listed in this
Chapter 5 of this UDC, the definition found within the latest edition of Webster's
Dictionary shall be used.
(13) ACCESSORY STRUCTURE (RESIDENTIAL): A subordinate building that is either
detached from or attached by only a breezeway to the primary on-site structure, and
that is clearly incidental and secondary to the permitted on-site use, and which does
not change the character thereof, including, but not limited to, garages, bathhouses,
greenhouses, barns, tool sheds, or swimming pools.
(221)IMPERVIOUS COVER: The total amount of impermeable surfaces, including
buildings, pavement, and rooftops, which prevent the infiltration of water into the soil.
a. Any outside area that is covered with a roof structure, whether fully enclosed or
not, shall be considered as part of the total amount of impermeable surfaces.
b. Wooden decking -planks of wood with gaps (approximately 1/4-inch) in between
- is not considered as part of the total amount of impermeable surfaces.
c. However, other typical outdoor surfaces that do not allow for water infiltration,
such as exposed aggregate surfacing or concrete porches, shall be considered
as part of the total amount of impermeable surfaces.
d. The portion of swimming pools designed to contain water shall not be considered
as part of the total amount of impermeable surfaces.
(241)LOT MEASUREMENT: Refer to Chapter 2, Article 6, Division 1 for diagrams related to
these definitions.
a. Lot Area -The net area of the lot, expressed in square feet or acreage and shall
not include portions of any public street or alley, but may include easements. For
flag lots, the area of the lot that does not meet the applicable minimum lot width
shall be excluded.
b. Lot Depth -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). For flag lots, the distance between the midpoints of straight lines
connecting the foremost points of the side lot lines where the lot satisfies the
applicable minimum lot width and the rearmost points of the side lot lines in the
rear.
c. Lot Width -The shortest distance in a straight line between the side lot lines,
measured at any point on the lot from the required front setback line to the
required lot depth.
83
d. Lot, Double Frontage -Any lot, not a corner lot, with frontage on two streets that
are parallel to each other or within 45 degrees of being parallel to each other.
e. Lot, Flag - a lot which has frontage and width at the building line that is less than
the minimum required width, but which satisfies the required lot width at a point
further away from the front property line than is the building line. The portion of
the lot that has frontage but does not satisfy the minimum width is hereby
designated the "pole" and the portion that meets the minimum lot width but at a
point further away from the front property line than is the building line is
designated as the "flag." No flag lot shall have more than one (1) pole portion,
and said pole shall have a minimum length equal to the minimum lot depth for the
zoning district in which the lot is located and a maximum length no greater than
five hundred feet (500'). The entire flag portion of a flag lot shall meet the
minimum lot width for that zoning district.
f. Lot, Irregular -Any lot not having equal front and rear lot lines or equal side lot
lines; a lot, the opposite lot lines of which vary in dimension and the corners of
which have an angle of either more or less than 90 degrees.
g. Lot Line: the boundary that legally and geometrically demarcates a lot.
h. Lot, Thumbnail (or Eyebrow) - A partial cul-de-sac bulb, usually with a central
angle of 180 degrees or less.
(350) SIGN, ATTACHED: Any sign attached to, applied on or supported by any part of a
building or accessory structure, including awnings and other similar permanent attachments
to the buildings. Also may be referred to as "building sign".
(398)SWIMMING POOL, PRIVATE (USE ONLY BY RESIDENT): A swimming pool
constructed for the exclusive use of the residents of cone-family, two-family or
multiple-family dwelling and located, fenced and built in accordance with the City of
Pearland Code of Ordinances. A private swimming pool shall not be operated as a
business nor maintained in a manner to be hazardous or obnoxious to adjacent
property owners.
(431)YARD, FRONT: That portion of the yard located between the front property line and a
parallel imaginary straight line through the point nearest the front property line in the
front-most face of the principal building(s). Refer to Chapter 2, Article 6, Division 1 for
diagrams related to this definition.
(433)YARD, REAR: That portion of the yard located between the rear property line and the
an imaginary straight line parallel to the front property line through the point nearest
the rear property line in the rearmost face of the principal building(s). Refer to Chapter
2, Article 6, Division 1 for diagrams related to this definition.
(434)YARD, SIDE: That portion of the yard bounded by the front yard, the rear yard, the
side property line, and the side facade of the principal building(s). Refer to Chapter 2,
Article 6, Division 1 for diagrams related to this definition.
84
Appendix B- Color Palette- Old Town Site
APPROVED COLOR PALETTE
For the Old Townsite (OTS) Districts
Approved in the Unified Development Code, Ordinance No. 2000T, and as
amended by Ordinance No. 2000T-11, effective July 27, 2009
Please note that his document was reproduced from an original color
palette. During reproduction, some of the colors may vary from the
original color palette. If there is any question about the colors, please
consult the original color palette in the Planning Department.
85
APPROVED COLOR PALETTE
Referenced in UDC, approved by Ordinance No. 2000T-11
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Page 1 of 5
APPROVED COLOR PALETTE
Referenced in UDC, approved by Ordinance No. 2000T-11
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APPROVED COLOR PALETTE
Referenced in UDC, approved by Ordinance No. 2000T-11
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APPROVED COLOR PALETTE
Referenced in UDC, approved by Ordinance No. 2000T-11
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Exhibit "B"
P8Z Recommendation Letter
Ordinance No. 2000-T-11
Planning & 7~~ug Commission
Recommendation Letter
July 1, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Amendments to the Unified Development Code
(UDC) T-11.
Honorable Mayor and City Council Members:
At their regular meeting of June 15, 2009, the Planning and Zoning Commission
considered the following:
A request by the City of Pearland, for an amendment to the Unified Development
Code (UDC), Ordinance No. 2000T regarding reductions in M-1 and M-2
development requirements, change in parking requirement, accessory structures,
and pools, etc.
Commission Member Ron Capehart made a motion to recommend approval of the
amendments to the Unified Development Code (UDC), which was seconded by
Commission Member Jerry Koza, Jr. The motion passed 5-0. Commission Members
Charles Gooden Jr. and Darrell Diggs were absent. The amendments to the UDC were
recommended for approval by the Planning and Zoning Commission.
Sincerely,
Lata Krishnarao, Planning Director
On behalf of the Planning and Zoning Commission
Page 1 of 1
AFFIDAVIT OF PU BLI
The Pearland Reporter News
2404 Parl< Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "C"
Publications
Ordinance No. 2000-T-11
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No.
No.
No.
No.
No.
Date a ~ 20
Date
Date
Date
Date
20
20
20
20
~~ ~~~
' cFo
.,
Subscribe and sworn to before me this
20
~`('_a_Y~P~`_'B<~ LAURA ANN EMMONS
•l 7,LY 1P Notary Public, State of Texas
'r«.~t` My Commission Expires 09-09-7
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~~pc~ ~~~~-~~
Published May 27 and
June 3, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
AMENDMENT TO THE
UNIFIED DEVELOP-
MENT CODE (UDC)
Notice is hereby given
that on June 15, 2009,
at 6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Pearland,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of the City of
Pearland, for an amend-
ment to the Unified
Development Code,
Ordinance No. 2000T.
At said hearing all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd IVlorrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. _ / Date ~ - 3 20 .~~
No. Date 20
No. Date 20
No. Date 20
No. Date 20
'•.
A
CFO
Subscribe and sworn to before me this day of
20.x_ ~--
~,~pRY PVB`c• LAURA A)
. t '~
r Notary Pu li
~,tf pi ~E'P My Commission
G~-h_e_
mmons, Publisher
Notary Public, State of Texas
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM•
MISSION OF THE CITY
OF PEARLAND,
TEXAS
Published May 27 and
June 3, 2009
NOTICE OF A JOINT
AMENDMENT TO THE
UNIFIED DEVELOP-
MENT CODE (UDC)
Notice is hereby given
that on June 15, 2009,
at 6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Pearland,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of the City of
Pearland, for an amend-
ment to the Unified
Development Code,
Ordinance No. 2000T.
At said hearing all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
Reporter News
(281) 48S•7501
, AFFIDAVIT OF PUBLICATION
The Pearland Reporter News -
2404 Park Avenue
Pearland, Texas 77.581
State of Texas
Brazoria and Harris Counties
•
I, Lloyd 'Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. / Date 7 .29 20 0 1
' No. Date 20
No. Date 20
No. Date 20
No. Date 20
24/114414?-43\1
CFO
r and sworn to before me this ' 0 day of a
Subscribe
20 _
i•• - 4 , , ,
c.)
LAURA ANN EMMONS ,�� 0 / /
t Notary Public,State of Texay Commission Expires 09 09 o.°• Laura nn Emmons, Publis
.i.•• .. .i+.'.1w7'k•_.I.. .N....f•.:•p.••i
Notary Public, State of Texas
Orci t nonce , ? U711
Published July 29,2009' r -
LEGALS
ORDINANCE NO. READING this the 13th
2000-T 11 day of July,2009. ,
AN ORDINANCE OF PASSED and I
THE CITY COUNCIL APPROVED ON SEC-
OF THE CITY OF OND AND FINAL '
PEARLAND, TEXAS, READING this the 27th
AMENDING -SELECT- day of July,2009.
ED PROVISIONS OF r
THE UNIFIED DEVEL- /S/TOM REID
OPMENT CODE OF ' MAYOR 1
THE CITY, SPECIFI- • 1
CALLY REGARDING ATTEST:
REDUCTIONS IN M-1 ,/S/ YOUNG LORFING,
AND M-2 DEVELOP- 'TRMC 1
MENT REQUIRE- CITY SECRETARY
MENTS, CHANGE IN
PARKING REQUIRE- 'APPROVED AS TOf
MENT, ACCESSORY FORM:
i STRUCTURES, AND IS/DARRIN M.COKER/
t POOLS,ETC.;HAVING CITY ATTORNEY p
i A SAVINGS CLAUSE, �'
IA SEVERABILITY VOTING RECORD
CLAUSE, AND A SECOND AND FINAI
1i.
REPEALER CLAUSE; READING JULY__E
PROVIDING FOR 2.42 . t
CODIFICATION, PUB- -
±LICA,TION AND AN Voting "Aye" .
IEFFECTIVE DATE. Councilmember;
Owens,Sherman,Kyle,
PASSED and Saboe,and Cole,
APPROVED ON FIRST
Voting"No"-None.
1-, • Motion passed 5 to 0.
4 PUBLICATION DATE
'-_-- ,�• --i July 29,2009
EFFECTIVE DAT
August 7,2009
PUBLISHED M
REQUIRED BY SECT
TION 3.10 OF THE
CHARTER OF THE
LCITY OF PEARLAND~
TEXAS