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Ord. 0246 02-26-73ORDINANCE #246 AN ORDINANCE ESTABLISHING LAND USE REGULATIONS AND DIVIDING THE CITY OF PEARLAND INTO LAND USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PI.AN, REGULATING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN SPACES, LOT COVERAGE, OFFSTREET PARKING AND THE DENSITY OF URBAN DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE lOlla OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Whereas Article lOlla, of the Revised Civil Statutes of Texas, c~powers the City to enact a land use ordinance and to provide for its administration, enforcement, and amendment; and Whereas, the City Council deems it necessary, for the purpose of promoting the health, safety, morals, and general welfare of the community to enactsuch an ordinance; and Whereas, the City Council, pursuant to the provisions of'Article lOllf of the Revised Civil Statutes of Texas, has appointed a Planning and Zoning Commission to reconmmnd the boundaries of the various original districts and appropriate regulations to be enforced therein; and Whereas, the Planning and Zoning Commission has divided the City into land use districts and has prepared regulations in accordance with a c~re- henstve plan, specifically designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowd- ing of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements,; and Whereas, the Planning and Zoning Commission has in all respects given reasonable consideration to the character of the land use districts and their peculiar suitability for particular uses, and with'a view to conserving the value of buildings and encouraging the most appropriate use of land through- out the City; and Whereas, the Planning and Zoning Commission has made a preliminary report, and after due notice, has held public hearings thereon; and -1- Whereas, the Planning and Zoning Conetsston has submitted its final report to the City Council; and the said City Council has give due notice of a public hearing relating to the land use districts, regulations and restrictions, and has held such public hearing; and Whereas, all requirements of Article lOllf of the Revised Civil Statutes of Texas, with regard to the preparation of reports, public hearings, and no- tice, have been met by the Planning and Zoning Commission and the City Council; Now Therefore Be It Ordained By The City Council Of The City Of Pearland Texas ARTICLE I Section O0-1 Section ~-2 GENERAL LAND USE AND URBAN DEVELOPMENT PROVISIONS Effect of Development Standards The Land Use and Urban Development standards contained in this Ordinance with all amendments shall constitute the Land Use and Urban Oevelopment Regulations of the City of Pearland, Texas as adopted by Ordinance No. 246 effective March l?~ 1973 Establishment of Land Use Districts and Boundaries 2-1 For the purpose of this Ordinaqce, the City of Pearland is hereby divided into thirteen (1'3) land use development districts as follows; District S~mbol District- PD R-1 R-2 GR MF MH OP NS GB C PU M-1 M-2 Pre-Development District Low Density Single Family Dwelling District Medium Density Single Family Dwelling Oistrict General Residence Dwelling District Multi Family Dwelling District Mobile Home Park District Office and Professional Oistrict Neighborhood Service District General Business Oistrict Commercial Oistrict Planned Unit Development District Industrial District - Performance Standard Class A Industrial District - Performance Standard Class B -2- Section 00-3 2-2 Temporary Districts - Annexed Territory (1) All territory hereafter annexed to the City of Pearland shall be temporarily classified as PD, Pre-Development District, until a permanent land use classification is established by the City Council. The procedure for es- tablishing permanent classification of annexed territory shall conform to the procedure established by law for the adoption of the original regulations. (2) In an area temporarily classified as PD, Pre-Development District: be Ce No person shall erect, construct or add to any build- ing or structure or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy therefore from the Building Inspector or the City Council as may be required herein. No permit for the construction of a building or use of land shall be issued by the Building Inspector other than a permit which will allow the construction of a building permitted in the PO, Pre-Development District, unless and until such territory has been classified in a district other than PD, Pre-Develop- ment District, by the City Council in tbemanner prdvided by law except that a buildin~ permit may . be issued in accordance with the provisions of (2) c, as follows. An application for a permit for any use other than. that specified in paragraph (b) above shall be made to the Building Inspector of the City of Pearland,' and by him referred to the City Planning & Zoning Commission for consideration and reconmmndation to the City Council. The City Planning & Zoning Con,is- sion in making its reconmmndation to the City Council concerning any such permit shall take into considera- tion the appropriate land use for the area and the Comprehensive Development Plan for the City of Pear- land. The City Council after receiving and reviewing the reco~mmndations of the City Planning & Zoning Con~nission may by majority vote authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application. Rules for the Interpretation of District Boundaries 3-1 Where district boundaries are indicated as approximately follow- ing a street or highway right-of-way lines, such lines shall be construed to be such boundaries. -3- Section ~-4 3-2 3-3 3-4 3-,5 3-6 Where district boundaries are so indicated that they approximate- ly follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approxi- mately parallel to the center lines or street lines of streets, or the center lines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Land Use District Map. If no distance is given, such dimension shall be determined by the use of the scale on said map. In unsubdivided property, the district boundary lines on the Land Use Oistrict Map shall be determined by use of the scale appear- ing on the map. All land including public properties and rights-of-way shall be included within a District. In case a district boundary line divides a tract of land of coneon ownership into two parts, the boundary line as indicated by measure- merit on the Land Use Map shall be construed to be included in the district with the more restrictive regulations for the greatest possible protection to the tract. Whenever any street, alley or other public way is vacated by official action of the City Council, the district adjoining each side of such street, alley, or public waX shall be auto- matically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. Compliance Required 4-1 Except as hereinafter specifically provided: (1) All land shall be used only for a purpose permitted in the district in which it is located. (2) All buildings shall be erected, converted, enlarged, re- constructed, moved or structurally altered only for a use permitted in the district in which such building is located. (3) The minimum yards, parking spaces, and open spaces, includ- ing lot area per family, required by the height and area provisions of this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as a part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Ordinance for the district in which such lot is located. -4- Sectton 00-5 (4) Every building hereinafter erected or structurally altered shall be located on a lot as herein defined: and except as hereinafter provided, there shall not be more than one pri- mary residential structure per lot. Land Use District Map 5-1 The boundaries of the Land Use Districts indentifted herein under Article l, Section 00-2 are delineated upon the Land Use District Map of the City of Pearland, Texas, satd map being a part of this Ordinance as fully as if the same were set forth heretn in detail. 5-2 Two original, Identical copies of the Land Use District Map are hereby adopted bearing the signature of the Mayor and the attesta- tion of the City Secretary and are ftled and maintained as follows: (1) One copy ts filed with the City Secretary and shall be re- tained as the original record and shall not be changed in any manner. (2) One copy shall be ffled with the Butlding Inspector and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation tn issuing Building Permits, Certificates of Occupancy and used in:e~for¢tng the Ordinance. ARTICLE II Section 00-6 USE, HEIGHT AND AREA, AND PARKING REGULATIONS Schedule of Uses 6-1 In each of the Land Use Districts established under Article 1, Section 00-2, land and buildings may be used for any of the uses given in the following Schedule of Uses. No building or structure shall hereafter be erected, altered or converted or no land used which is arranged or designed or used for a use other than those uses specified in the schedule. 6-2 Schedule of Uses - See Appendix "A" -6- 6-3 6-4 Classification of Hew and Unscheduled Uses: It Is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Pearland. In order to provide for such changes and conttgencfes, a deter- mtnatton as to the appropriate classification of any new or un- ltsted form of land use shall be made as follows: (1) The Building Official shall refer the question concerning any new or unlisted use to the City Planning & Zoning Com- mission requesting an interpretation as to the land use classification into which such use should be placed. The referral of the use interpretation question shall be ac- companied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment transportation requirement~ the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utili- ties such as water and sanitary sewer. (2) ' The City Planning & Zoning Co~antsston shall meet with the parties at interest and shall consider the nature and scribed performance of the proposed use and its compati- bility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted. (3) The City Planning & Zoning Coa~tsston shall transmit its findings and recoameedattons to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by Ordinance approve the recommendation of the City Planning & Zoning Commission or make such de- termination concerning the classification of such use as is determined appropriate. Town Houses: In those districts where town houses are a permit- ted use, the Building Inspector may issue a building permit for the erection of town houses, provided that the development con- forms to the following minimum conditions and requirements: (1) Minimum Site: The Minimum gross site area for a town house development shall be 25,000 square feet. In determining compliance with this prevision, no part of a lot shall be counted unless it is of such size, shape, topography, and locations as to make it usable for individual town house lots, common parking or recreation areas, or necessary pedestrian ways. -6-' 6-5 (3) Off-Street Parktng Areas: If the required off-street park- trig facilities are not provided on the individual town house lots, they shall be provtded on conmen areas, located wtth- tn 200 feet of each lot so served, measured along a route of pedestrian access. Common Recreation Areas: There shall be at least gO0 square feet of common recreation areas per town house lot; the minimum area of any common recreation space shall be 6000 square feet. Each required common recreation area shall be within 300 feet of all the town house lots it is intend- ed to serve, measured along a route of pedestrian access. Each required common recreation area shall be appropriately graded, turfed, surfaced, or otherwise landscaped and pro- vided with suitable drainage facilities. Pedestrian ways and swimming pools my be tncluded as part of the required recreation areas having the required mini- mum width, but off-street parking areas and service drives may not be included in such areas. (4) Common Areas - Ownership and Maintenance: For any land or facilities to be used in common by residents of the deve- lopment, there shall be provisions made for the establish- ment of a property owners association to own, menage, and maintain such common facilities. (5) Public Access: Each individual town house lot shall abut on a public street. Mobile Home Parks: Mobile Home Parks as defined in Article VI may be established provided the development conforms to the following minimum conditions and requirements: (1) Minimum Site: The minimum gross area for a mobile homes park development shall be 50,000 square feet. In deter- mining compliance with this provision, no part of a lot shall be counted unless it is of such size, shape, topo- graphy, and location as to make it usable for individual mobile home lots, coaamn recreation areas or necessary vehicular or pedestrain ways. Coneon Recreation Areas: There shall be at least 600 square feet of common area per individual mebile home; the minimum area of any common recreational area shall be 8,000 square feet, and minimum width of any such area shall be eighty feet. Each required common recreation area shall be within 300 feet of all the mobile homes it is intended to serve, measured along a route of pedestrian access. Each required common recreation area shall be appropriately graded, turfed, or otherwise landscaped, and provided with suitable drainage facilities. -7- (3) Accessory Conmerctal Use: In a mobtle home park contain- ing at least 100 dwellings units, there may be provided for convenience of the residents of the development acces- sory conmercial area, provided the conmerctal area meats the following conditions: The gross floor area devoted to coneercial purposes shall not exceed six square feet for each mobile home site in the mobile home park development. No conemrctal parcel shall be closer than 300 feet to any property in an PO, R-1 or Oistrict outside the development. (4) Any commercial parcel shall be governed bythe requirements of the NS, Neighborhood Servlceg District. No illuminated signs shall be visible outside the premises. Other Regulations: The development shall conform with the Mobile Home Ordinance, No. 179 {and subsequent amendments) of the City of Pearland and all other ap- plicable City and State Regulations. 6-6 Integral Residential Unit Development (1) Purpose: The Integral Residential Unit provides a basis for variable location of dwelling units on a single tract of land. (2) Required Area: Each Integral Residential Unit Development shall contain a minimum area of three (3) acres of.unsub- dividailand with frontage on one side of a dedicated street. (3) Development Standards: Dwellings may be arranged with variable dwelling types and yard provision but which ob- serve the maximum density provision set forth for the Land Use District within which the "Unit" is located. Provided also that no dwelling or assessory structure shall be located closer together or to any lot line that is permitted in the Land Use District within which the "Unit" is located. '8- 6-7 'M-l~ Industrial Performance Standard Class "A": Light menu- facturing, processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the district which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. The follow- ing are permitted uses in the M-l, Industrial District: (1) Woodworking and planning mill with dust and noise control. (2) Textile manufacture with dust and odor control. (3) Ceramic and pottery manufacture with dust, odor, and fume control. (4) Plastic products manufacture with dust and fume control. (5) Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process. (6) Grain processing with hoods, dust and odor controls. (7) Manufacturing or industrial operations of aw type which meet the general conditions set forth above and ~tch are not offensive by the reason of emission of noise, odor, smoke, gas, ftanes or dust. 6-8 M-2~ Industrial Performance Standard Class "B": Any manu- facturing, industrial servicl~ or storage process not pro- hibited by law are permitted uses in the M-g, Industrial District, except the following uses which may only be located in the-M-2, Industrial Otstrict upon approval by the City Council in accordance with the procedure established in Article III. (1) Animal slaughtering or poultry processing. (2} Acid manufacture. (3) Amnonia manufacture. (4) Carbon Black manufacture. (5) Cement, lima, ~ypsum or plaster of paris manufacture. (6) Chlorine manufacture, and other toxic gases. (7) Explosives manufacture with storage. -g- 6-7 6-8 M-I~ Industrial Performance Standard Class "A": Light manu- facturing processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property ltnes of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the district which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. The follow- ing are permitted uses in the M-l, Industrial Otstrtct: (1) Woodworking and planning mill with dust and noise control. (2) Textile manufacture with dust and odor control. (3) Ceramic and pottery manufacture with dust, odor and fume control. (4) Plastic products manufacture with dust and fume control. (5) Paint, otl, shellac and lacquer manufacturewhen hoods and fume destructors are used in the cooking process. (6) Grain processing with hoods, dust and odor controls. (7) Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of emission of noise, odor, smoke, gas, fun)e.s or dust. M-2r Industrial Performance Standard Class "B": Any manu- facturing, industrial servicing or storage process not pro- hibited by law are permitted uses in the M-g, Industrial District, except the following uses which may only be located in the M-2, Industrial Oistrict upon approval by the City Council in accordance with the procedure established in Article III. (1) Animal slaughtering or poultry processing. (2) Acid manufacture. (3) Aammnia manufacture. (4) Carbon Black manufacture. (5) Cement, lima, gypsum or plaster of paris manufacture. (6) Chlorine manufacture, and other toxic gases. (7) Explosives storage or manufacture. -g- (10) (11) (12) Glue and fertilizer manufacture. Petroleum and petroleum products extraction, refining andmanufacture. Petrochemical plant. Rendering plant. Tanning, curing, treating or storage of skins or hides. (13) Any use which due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire is presently or in the future is determined a hazard or objectionable or incompatible and subject to special control of specific projects. PU~ Planned Unit Development District: It is recognized that it may be desirable that many areas of the City be developed in accordance with general land use and site plans prepared and approved in advance of development. To encourage such planned unit development, regulatory provisions are provided as follows: (1) Use Provisions The area or areas which are designated as a Planned Unit Development District are set forth on the Land Use Oistrict Map, which is made a part of this Ordi- nance. The boundaries of the Planned Unit Oevelop- merit Oistrict may from time to time be altered or adjusted to some other development district in accord- ance with the provisions herein provided in Article IV, Section O0-10 for amending this Ordinance.' Whenever an application for alteration or adjustment is requested within a Planned Unit Development District, the following types of development may be authorized: Uses permitted in the NS, Neighborhood Service District, on tracts of one city block or a minimum area of two (2) acres or more. 2. Housing Development consisting of any cond)ination of dwelling types on tracts of two (2) acres or more. Industrial Parks Permitting Uses authorized in the M-l, Light Industrial Oistricts, or Districts on tracts of ten (10) acres or more. 4. Madtcal Center and Hospital. (By Art. III, Section 00-9 Spectftc Use Permits). 5. Ctvtc Center and Co~=untty Center. 6. Office Center. 7. Recreation Center. e A combination of any of the deve]opments listed or other uses as mtght be permitted tn individual use districts corresponding to areas on the Land Use Plan. An extension of an extsttng dtstrtct contiguous wtth the PU, Planned Untt Development District, whereby the prevision of off-street parktng, screening walls, open space and planttng would create a protective transition between a lesser and.a more restrictive district. (2) Procedures: The Ctty Counct1 shall require that the Developer's Land Use Plan setttng forth the uses to be incorporated tnto the Planned Unit Development be approved and filed as part of this Ordinance. The provisions of Arttcle IV, Section 00-10, shall govern the review and processing of each peti- -tion for e Planned Untt Development. A Comprehensive Site Plan for the section proposed for i~ediate development in accordance with the Land Use Ordinance shall be submitted'to the City Planning Coaei- sion for approval. Such required Site Plan shall set forth the requirements for ingress and egress to the pro- perty, publtc or private streets or drives, with adequate right-of-wa~ to conform to the Major Street Plan of the City of Pearland, sidewalks, utilities, drainage, parking space, height of building, maximum lot coverage, yards and open spaces, screening walls or fences and other devel- opment and protective requirements considered necessary to create a reasonable transition and protection of the adjacent property. Upon approval of said Comprehensive Site Plan by the City Planning & Zoning Coaeission, and the amendment of the Land Use Ordinance by the City Council, the Butlding Inspector shall be authorized to issue a buildtng permit. Each area placed within the Planned Unit Development District under the provisions of this Section shall be considered as an amendment to the Ordinance as applicable to the property Involved. In approving the Planned Unit Oevelopment Olstrlct, the City Counctl ma~ impose conditions relative to the stand- ard of development. Section ~-7 Height and Area Regulations 7-1 Schedule of Hetght and Area Regulations Except as hereinafter provided no building or structure or part thereof shall be erected, altered or converted for any use per- mitred in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, dwelling unit area, lot coverage, front, side and rear yards and off-street parking and loading regulations. -)2- 7-2 Provisions For Special Height And Areas Considerations (1) Height: In the districts where the height of buildings is restricted to thirty-five feet, or, three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line of the building: Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed three (3) stories in height, provided that an additional 0.866 foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) stories. (~) Lot Area: Lot-of Record: Where a lot of record at the time of the effective date of this Ordinance has less area or width than h~n:~tqlq~eadi.~ntlllme~dtSt~4tti4r~ti~ikh~lti~si~oe~e~ii, and the owner of such lot does not own any other parcel of tract adjacent thereto, said lot may be used for a single family dwelling or for any non-dwelling use permitted in the district in which it is located. Mixed Use Building: In a building serving mixed dwelling and other uses, 1.n any district, the 'height and area regu~ lations applicable to nonresidential b~ildings shall apply, except the minimum lot area per unit aS specified in Sec- tion 7-1 shall be provided, as required for residential buildings. (3) Lot Coverage: The maximum percentage of any lot area ~tch ~ he covered by the-main building and all accessory buildings shall not exceed the schedule set forth under sub-section 7-1, except where an existing building at the effective date of this Ordinance may have a greater percentage of a lot covered than herein prescribed, such building shall have the status of a lavfful non-conforming structure. (4) Front Yards: Where the frontage on one side of a street between two in- tersecting streets is divided by two or more Land Use Dis- tricts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other. -15- Where a building line has been established by plat or Ordinance and such 1the requires a greater or lesser front yard setback than is prescribed by this Ordinance for the district in which the buildtng line is located, the required front yard shall comply with the building 1the so established by such Ordinance or plat. The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures may not project into the front yard to a height greater than forty (40) inches above the average grade of the curb at the front of the structure or when no curb exists to forty (40) inches above the average grade of the bounding property line. Where no front yard is re- quired, all stairs, eaves, roofs and similar building extensions shall be located behind the front street prop- net~-lt~e~. If thirty percent (30%) or more of the frontage on one side of a street between two intersecting streets in any residential district is improved with buildings (prior to the effective date of this Ordinance) that have observed an average front yard line with a variation in depth of not more than six (6) feet, then the average front yard so established shall be observed. In the PU, Planned Unit Development District, the follow- ing front yards shall' be provided: Commercial or Retail Development - Forty-five (45) feet, except drive-in service buildings and gasoline service station pump tslands may not be lncated nearer than sixteen (16) feet to the front property 1the. Housing Development - Twenty (20) feet or as speci- fied in amending Ordinance. Industrial Development - None. Office, Medical or Other Oevelopment- Twenty (20) feet or as specified in amending ordinance. (5) Side Yards: Every part of a required side yard shall be open and unob- structed except for accessory buildings as permitted here- in and the ordinary projections of window sills, belt -16- 7-3 Accessory buildings as permitted heretn shall be allowed in requtred stde yards, provided, however, that no acces- sory butldtng may be closer than ten (10) feet to any matn butldtng on the same lot, nor closer than (3) feet to a coanon property line. (6) Rear Yards: In districts permitting one family attached dwellings no rear yard is required where the rear wall of a dwelling structure is attached to another dwelling structure pro- vided that all such one family attached dwelling struc- tures have at least one side of each building exposed to a public street or officially approved place or court and provided further that where interior courts are used for access to ltght and air such courts provide the minimum required open space. In the NS, GB, C, M-l, and M-2 Districts, no rear yard is specified for non-residential uses except where retail, conmerctal or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed herein, a minimum rear yard of ten (10) feet shall be pro- vided by the non-residential use. Every part of a required rear yard shall be open and un- obstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings as permitted and the ordinary projections of window sills, belt courses, cornices.and roof:overhangs and other architecture1 features projecting not to exceed four (4) feet into the required rear yard. No accessory building, as permitted herein, shall occupy more than forty (40) percent of the required rear yard. Accessory buildings shall be set back three (3) feet from the rear property ltne, provided, however, that where the rear )et~t~ t~tbe line of an alley twenty (20) feet ormore in width, no setback shall be required. Court Standards: The minimum dimension and area of outer or inner courts provided in buildings occupied for residential purposes shall be in accordance with the following provisions: (1) Outer Courts Residential Structures: For residential structures, 35 feet or less in height, any outer court which is used for access of light or air -18- courses, co~ntces and other architectural features pro- Jecttng not to exceed twelve (12) tnches into the required side yard, and roof eaves projecting not to exceed forty- eight (48) tnches into the required side yard, except that no projection shall be permitted closer than twelve (12) inches to a co~non property ltne. Multi family dwellings not exceeding three (3) stories in height shall provide a minimum side yard of ten (10) feet between any building wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet in width may provide a minimum side yard of five (5) feet. Where a building wall contains no openings for windows, light or air, a minimum side yard of five (5) feet shall be provided between such wall and the side lot line. Where apartment buildings or structures are constructed to exceed three (3) stories in height, a side yard equal to one (1) foot for each three {3) feet of building height for all building faces or walls having openings for light, air or access shall be provided except that such yard need never exceed fifty (50) feet. In all districts permitting the construction of apartment buildings exceeding three (3) stories in height, a minimum side yard of ten (10) feet shall be required for any building face or wall which contains no openings for windows, llight or air. A one family attached dwelling (Town House) separated from another such dwelling by a fire or party wall need not pro- vide a side yard except that no complex of attached one family dwellings shall exceed three hundred (3.00) feet in length. A minimum required side yard of five (5) feet shall-be provided at the end of each one family attached dwelling complex so that the end of any two adjacent build- ing complexes shall be at least ten {10) feet apart and provide access between such building complexes for fire and other emergency service. No side yard is specified for non-residential use in the NS, GB, C, M-l, and M-2 Districts except where a co;aercial, retail or industrial, or other non-residential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum ten (10) foot side yard shall be provided on the side adjacent to such residential district. Section 00-8 or whtch may be used for emergency access purposes shall have a mtntmum wtdth equal to the depth of the court but the wtdth of any such outer court need not exceed twenty (20) feet even though the depth of the court may exceed such dimension. For residential structures exceeding 35 feet in hetght, any outer court whtch ts used for access of 11ght or air or whtch may be used for emergency access purposes shall have a mtntmum wtdth equal to the depth of the court; but the width of any such outer court need not exceed fifty (50) feet, even though the depth of the court may exceed such dimension. (2) Inner Courts Residential Structures: For residential structures 35 feet or less tn hetght, any tnner court whtch ts used for access of 11ght or att or which may be used for emergency access purposes shall .have mtntmum dimensions tn the length and in the wtdth of 1ts base equal to the hetght of the roof or rave at the top of the wall enclosing such court; but netther the wtdth or length of the base of such tnner court need exceed thtrty (30) feet, even though the hetght of the enclosing walls may exceed such dimension. For residential structures exceeding 35 feet tn hetght, any tnner court which ts used for access of 11ght or air or whtch may be used for emergency access purposes shall have a minimum dimension in the length and tn the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court; but netther the width~ or the !ength of the base of such tnner court need exceed fifty (50) feet, even though the height of the enclosing walls may exceed such dimension. Off-Street Parkin9 & Loadin9 Regulations 8-1 Provisions for Oetermtn~ng: the Number. anU.Locatton'of Parking Spaces under Spectal Conditions: (1) In computing the number of such parking spaces required, the following rules shall govern: "Floor area" shall mean the gross floor area of the specific use. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number. The parking space requirement for a use not 'specifi- cally mentioned her~in shall be the same as required for a use of similar nature as determined by the Planning & Zoning Comission. Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this ordinance is enlarged in floor area or in the area used, said improvements or use shall then and thereafter comply with the parking requireeents set forth herein. In the case of mixed uses, the parking spaces required - shall equal the sum of the requirements of the various uses c~uted separately. All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided col- lectively or used jointly by two or more buildings or estab- .lishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to ex- ceed 500 feet from any other nonresidential building served. Up to 100 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used, or operated during the same hours; provided, however, that written agreement therefor is properly ex- ecuted and filed as specified in the following paragraph. In any case where the required parking spaces are not located on the same lot with the building or use served, or where-such.spaces~a~e:c611ectiv~)y'or jotn~ly?p~o- vided and used, a written agreement, thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. ~20- 8-2 Off-Street Loadtng Regulations: Every building Or part thereof erected or occupled for fetal1 business, servtce, manufacturing, storage, warehousing, hotel, mortuary, or any other use stmtlary Involving the recelpt or distribution by vehtcles ofmetertals or merchandise, shall provide and maintain on the same premises load- tng space tn accordance with the following regulations: In the NS, Neighborhood Service Dtstrtct and GB, General Bustness District, one loading space for the first 5,000 to 15,000 square feet of floor area tn the butlding and one additional loading space for each squa~e;feet~ef-flo~e area tn the building or~feaCtto~ thereof. ~ : ~:: :- : In the C, Commercial District and tn the M-l, and M-2, dustrtal Otstrtcts, one loading space for each 10,000 square feet or fraction thereof, of floor area tn the building. (3) No more than three off-street loading spaces shall be re- quired for any Neighborhood Service or General Business use, nor more than five off-street loading spaces for any Con~erctal or Industrial Use. -21-_ Sectton 00-8 Off-Street Parking and Loading Regulations 8-3 Schedule of Off-Street Parking Regulations Type of Generator One Famtly and Two Faatly Dwellings Multi Family OwelHngs and Townhouses Rooming or Boardtng House Fraternity or Sorotty Prtvate Club or Lodge Church or Temple School (except htgh school or college) Seats tn Auditorium Seats tn Classroom College or Htgh School Seats tn Audttortu; Seats tn Classroom Country Club or Golf Club Co~e~ntty Center, Ltbrary, Museum, or Art Gallery 0-2,000 Square Feet 2,000+Square Feet Hospital Santtortum, C°nvalescent Home, Home for the Aged, or Stmtlar Institution Theater or Auditorium (except school) Sports Arena, Stedtue, or ~nastum Hotel Coaeerctal Floor Area Tourist Home, Cabtn, or Motel Unit ~welltng Owelltng Sleeptng Rooms Sleeping Rooms Me~bers Seat Seat Classroom Seat Classroom Members Total Square Feet Beds Beds Seats Seats Sleeptng Rooms Square Feet Sleeping R~oms Mlnlmum No. of Spaces Per Unit 2 2 1 1 1/5 1/$ 1/10 3 1/8 3 1/S 10 1/300 1/2 1/4 1/4 1/5 1/3 1/200 1 Schedule of Off-Street Parking Regulations Page z Type of Generator Unit Square Feet Dance Hall, Assembly or Exhibit Hall Business or Professional Office, Studio Bank, Madical or Oental Clinic 0-1,000 Square Feet 1,000+Square Feet Bowling Alley Mortuary or Funeral Home Restaurant, Night Club, Cafe, or Similar Recreation or Amusement Establishment Retail Store or Personal Service Establishment Furniture or Appliance Store, Hard- ware Store, Wholesale Establish- ments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair, or Service Shop 0-1,000 Square Feet 1,000+Square Feet Printing or Plumbing Shop or Similar Service Establishment Manufacturing or Industrial Establish- ment, Research or Testing Laboratory, Creamery, Bottling Plant, Warehouse, or Similar Establishment Total Square Feet Alley Square Feet Seat Square Feet total Square Feet Employees Employees Hlmlmum No. of Spaces Per Unit 1/100 3 11200 4 1/~ 1/3 · 1/200 2 1/300 1/3 1/2 -23- ARTICLE'III Section 00-9 SPECIFIC USE REGULATIONS Specific Use Permits g-1 Development Standards Required: The City Planning & Zoning Commission in considering and determining their recommendation and the City Council in considering any request for a Specific Use Permit may require from the applicant, plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may in the interest of the public welfare and to assure compliance with this Ordinance, establish con- ditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from ex- cessive noise, vibration, dust, dirt, smoke,, fumes, gas, odor, explosion, glare, offensive view or their undesirable or hazardous conditions. g-3 If after consideration of the request and attached exhibits, the Planning & Zoning Commission feels that said request is not in the best interests of the public welfare, it shall deny such request and forward a copy of their proceedings to the City Council for their consideration. The City Council shall then revie~ the pro- ceedings and either uphold or reverse the findings of the Planning & Zoning Commission. The affirmative vote of at least three-fourths of all the Council Members will be required for the reversal of the Planning & Zoning Commission decision. TemporaryDevelopment Signs: Temp. ora~y develo_pmont and promoti?n signs not exceeding four hundred (400) square feet in area may ~e erected on private property. The Building Inspector shall control the location and duration of such sign use to assure that the occupancy and use of adjacent lots are not interfered with and that no safety hazard is created. Such special development signs will be removed at the direction of the Building Inspector after completion of the development of ninety (gO) percent of the project advertised. Temporary Construction Buildings: Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the Building Inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed within thirty {30) days, or at the direction of the Building Xnspector. -24- ARTXCtE IV Section O0-10 AMENDMENTS Amendments 10-1 Whenever the public health safety and general welfare warrants and when in conformity with Comprehensive Oevelopment Plan for Pearland, the City Council may, by Ordinance, after report thereon by the Planning & Zoning Commission, amend, supplement or change the regulations, or use of property now or hereafter established by this Ordinance. 10-2 Application for Amendment: (1) Amendment may be initiated by the City Council, Planning & Zoning Commission or by an application of one or more property owners or authorized agents of such owners. (2) An application for an amendment shall be filed with the City Council upon such. forms and accompanied by such data and information as may be prescribed. The accurate legal description and map of the land and existing buildings shall be submitted with the application. It shall be the responsibility of the applicant to indicate any applicable deed restrictions applying to a subject property. (3) Each application by a property owner or their designated agents shall be accompanied at the timelof filing by a fee in accordance with the following schedule: Area Under Request Lots or Area ~nount of Fee 1 to 2 lots inclusive or up to 1 acre $35.00 3 to 5 lots inclusive or up to 1-1/2 acres $50.00 Each lot over 5 ($50.00 plus) per lot $10.00 Each acre over 1-1/2 ($50.00 plus) per acre $30.00 Maximum: In no event shall the fee exceed Re-Zone of PU Area $50.00 + $2.00 per acre Where ever the entire application for alteration or change hereunder is withdrawn before publication of notice is ordered to be gtven:~f~the~hear~gg before the City Council, the application fee paid, less a minimum charge of $15.00, shall be refunded to the applicant. (4) Immediately upon the filing of the application, a date of public hearing before the Planning & Zoning Commission shall be set and such date shall net be more than thirty (30) days after the date of such filing. Upon filing of an application or upon the initiation of precedure for an amendment, the application shall be sub- mttted to the Planning & Zoning Co~=tsston who shall ob- serve the following procedures: (6) Notice of the time, place, and purpose of a public hearing before the Planning & Zoning Coantsston shall be given at least ten days prior to the date of said hearing and shall be sent to applicant and to the owners of property and part of which 11es within a radius of two hundred (200) feet, excluding street width, of the property under consideration. For this purpose the tax records of the City of Pearland shall be used. Where all property wtthtn two hundred (200) foot radius is under the saae ownership .as the property under consideration, the owners of all property adjoining said pmperty in the same ownership shall also be notified. Following the conclusion of the public hearing, the Planning & Zoning Coantsston shall submit a report and reconeendatton on such proposed anendment to City Council within thirty (30) days. After receipt of a copy of any report from the Planning & Zoning Coaetssion, the City Council shall hold a public hearing thereon. Notice of said public hearing shall be given by one (1) publication in the Official City Nows- paper in the City of Pearland not less than fifteen days prior to the time fixe~for such hearing. At least fif- teen {15) days before said hearing, written notice shall be sent to the applicant and to the owners of property any part of which lies within a radius of two hundred (200) feet, excluding street width, of the property proposed for reclassification. For this purpose the tax records of the City of Peerland shall be used. Where all property within the 200 foot radius is under the same ownership as the prop- erty proposed to be reclassified, the owners of all property adjoining said property in the same ownership shall also be notified. (7) In the event the report of the Planning & Zoning Coa~tssion on the proposed Ordinance for the amendment, supplement, change or repeal of this Ordinance shall be adverse thereto or in the event a protest against the proposed amendment, supplement or repeal be presented in writing to the City Council, duly signed and acknowledged by the owners of at least twenty percent of the property situated in the area bounded by lines 200 feet in each direction and on each side of the area included in such proposed amendment, such Ordinance shall not be passed except by an affirmative vote of at least three-fourths of all members of City Council. -26- (6) (7) Upon filing of an application or upon the initiation of· procedure for an amendment, the application shall be sub- mitted to the Planning & Zoning Commission who shall ob- serve the following procedures: Notice of the time, place, and purpose of a public hearing before the Planning & Zoning Commission shall be given at least ten d~s prior to the date of said hearing and shall be sent to applicant and to the owners of property any part of which lies within a radius of two hundred (200) feet, excluding street width, of the property under consideration. For this purpose the tax records of the City of Pearland shall be used. Where all property within two hundred {200} foot radius is under the same ownership as the property under consideration, the owners of all property adjoining said property in the same ownership shall also be notified. Following the conclusion of the public hearing, the Planning & Zoning Commission shall submit a report and recommendation on such proposed amendment to City Council within thirty (30)days. After receipt of a copy of any report fremthe Planning & Zoning Commission, the City Council shall hold a public hearing theron. Notice of said public hearing shall be given by one (1) publication in the Official City News- paper :in the City of Pearland not less than fifteen days prior to the time fixed for such hearing. At least fif- teen {15) days before said hearing, written notice shall be sent to the applicant and to the owners of property any part of which lies within a radius of two hundred (200)-feet of the property proposed for reclassification. For this purpose the tax records of the City Of Pearland shall be used. Where all property within the 200 foot radius is under the same ownership as the property pro- posed to be reclassified, the owners of all property ad- join)~g said property in the same ownership shall also be notified. In the event the report of the Planning & Zoning Commission on the proposed Ordinance for the amendment, supplement, change or repeal of this Ordinance shall be adverse thereto or in the event a protest against the proposed amenc~ent, supplement or repeal be presented in writing to the City Council, duly signed and acknowledged by the owners of at least twenty percent of the property situated in the area bounded by lines 200 feet in each direction and on each side of the area included in such proposed amendment, such Ordinance shall not be passed except by an affirmative vote of at least three-fourths of all members of City Council. ARTICLE V Section O0-11 Secti on 00-12 ENFORCEMENT AND ENACTMENT Confirmation of Building Site ll-1 Verification: No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been veri- fied by a "Plot Plan" prepared by a Registered Professional Engineer or'Licensed Public Land Surveyor. Nonconforming Use 12-1 Continuance of Use: Any nonconforming use of land or structures may be contined for definite periods of time, subject to such regulations as the Zoning Board of Adjustment may require for immediate preservation of the adjoining property and the ulti- mate removal of the nonconforming use. If, however, a continu- ing operation is not carried on in such nonconforming Use during a continuous period of one (1) year, the building, other struc- ture or tract of land where nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operation shall not affect the foregoing. 12-2 Change of Use: A nonconforming use may be changed to any con- forming use. A nonconforming use shall not be changed to any other type of nonconforming use without the prior approval of the Zoning Board of Adjustment which may grant a change of occupancy from one nonconforming use to another, provided the use is within the same or higher classification as the original nonconforming use, that such nonconforming use and occupancy will not tend to prolong and continue nonconforming use. A nonconforming use once changed from a lower to a higher classi- fication use shall not be changed thereafter to a lower classi- fication use, and such prior lower classification use shall be considered abandoned. 12-3 Damage: and Destruction: A nonconforming use shall not be ex- tended or rebuilt in case of obsolescense or total destruction by fire or other cause, except as authorized by the Zoning Board of Adjustment. In the case of partial destruction by fire or other causes not exceeding fifty percent (50%) of the building value, the Building Inspector shall issue a permit for reconstruction. If the building damage is greater than fifty percent {50%} but less than total, the Zoning Board of Adjustment may grant a permit for the reconstruction after a public hearing is held. The property heights of the persons affected, the public welfare, and the character of the areas surrounding the nonconforming use will be considered by the Board in making their decision. Section 00-13 12-4 ]2-5 12-6 Enlargement: A noncOnforming use shall not be.enlarged or extended, except upon authorization of the Zoning Board of 'AdJustment. Normal Maintenance: Normal maintenance of a building or struc- ture containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations not extending or enlarging the nonconforming use. Structural Changes: No structural alteration shall be made in building or other structure containing a nonconforming use except when required by law. Effect upon Existing Permits, Agreements and Rights 13-1 Existing Permits and Private Agreements: This Ordinance is not intended to abrogate or annul any pemits issued before the effective date of this Ordinance, or any easement, cove- nant or any other private agreement where an existing record- ed Plat and/or subdivision restriction approved by the City Planning & Zoning Commission and/or City Council indicates that certain lots within the recorded subdivision can be used for purposes other than.residential. These uses will be permitted regardless of the remaining Land Use Oesignation in the area. 13-2 Preserving Rights in Pending Litigation and Violations qnder Existing Ordinances: By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an-illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Ordi- nance; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or cause presently pending be proceeded with all respects as if such prior Ordi- nance had not been replaced. 13-3 Completion of Existing Buildings: (1) Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the passage of this Ordinance, provided such building either was actually under construction at the time of the passage of this Ordinance or was authoriz- ed by building permit before the passage of this Ordinance, and further provided construction shall have been started within ninety days from passage of this Ordinance. -28- Sect1 on 00-14 (2) Commitments with reference to construction of public util- ity buildings necessary for proposed expansion of the City made prior to the passage of this Ordinance shall be observed. Building Permits: 14-1 Permit Requirements: It shall be unlawful to coneence construc- tion or excavation for construction of any building or structure, including accessory buildings, or to conmence the erection, re- construction, conversion, alteration or moving of any building, including accessory buildings, until the Building Inspector has issued a building permit (or such work as required by the City of Pearland Building Code Ordinance ~224. Except upon written authorization of the Zoning Board of Adjustment as provided in section 00-16, no such building permit shall be issued for any building where said construction, reconstruction, conversion, moving, alteration or use thereof would be in violation of any provision of this Ordinance. -29- Section O0-15 Secti on 00-16 Certificate of Occupancy and Compliance No building hereafter erected or structurally altered shall be oc- cupied, used or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Inspector, stating that the building and proposed use of building or land comply with all the building and health laws and ordinances, and with the pro- visions of this Ordinance. Certificates of occupancy and compliance shall be issued by the Building Inspector within five days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this Ordinance and the laws and Ordinances above mentioned. A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished upon request to persons having a proprie- tary or tenancy interest in the building affected. Zoning Board of Adjustment 16-1 Establishment and Procedure: A Zoning Board of Adjustment is hereby established which shall consist of five (5) member, each to be appointed by the City Council for a term of two (g) One of such members shall be appointed as Chairman. Members of the Board may be removed for cause by the City Council upon written charges and after public hearing. Vacanctes~hill:be filled by resolution of the City Council for the unexpired :term of any member whose term becomes vacant. All cases to be heard by the Board will always be heard by a minimum number of four (4) members. 16-2 i Rules: The Board shall adopt rules necessary to the conduct -o-T-ETs affairs and in keeping with the provisions of this Or- dinance. Meetings of the Board shall be held at the call of the chairman and. at such other times as the Board may deter- mine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its ex- aminations and other official actions, all of which shall be inmnediately filed in the office of the Board and shall be a Public record. 16-3 Powers and Duties: {1) Appeals: Appeals to the Zoning Board of Adjustment concerning interpre- tations or administration of this Ordinance may be taken by any person aggrieved or by any officer, department, board, or - 30- bureau of the municipality affected by any decision of the. administrative officer. Such appeal shall be taken within a reasonable time, not to exceed thirty {30) days or such lesser period as may be provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustment a notice of appeal speci- fying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifices to the Zoning Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause i~mntnent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by a court of record on application and notteeto the~offtcer from whom the appeal is taken and on due cause shown. The Zoning Board of Adjustment shall fix a reasonable time or thirty (30) days maximum for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney. (2) Powers: The Zoning Board of Adjustment shall have the following powers: (1) Administrative Review - To hear and decide appeals where it is alleged there is error in any order, require- ments, decisions or determination made by an administra- tive official in the enforcement of this act or of any Ordinance adopted pursuant thereof. (2) Special Exceptions - To hear and decide only such special exceptions as the Board is specifically authorized to pass on by the terms of this Ordinance, to decide such questions as are involved in determining whether special exceptions should~ be granted, and to grant exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions not in harmony with the intent and purpose of this Ordinance. A special exception shall not be granted by the Board un- less and until: (a) A written application for a special exception is submitted indicating the section of this Ordinance -31- under which the special exception is sought and stat- ing the grounds on which it is requested; (b) A public hearing shall be held, regarding the special exception whereby any party may appear in person, or by agent or attorney. Notice of such hearing shall be given at least twenty (20) days in advance of said meeting; (c) The Board shall make a finding that it is empowered under the Ordinance to grant the special exception, and that the granting of the special exception will not ad- versely affect the public interest; (d) Before any special exception shall be issued~ ~he Board shall make a written finding certifying compli- ance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable: 1. Ingress and egress to property and proposed struc- tures thereon with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; 2. Off-street parking and loading areas where required with particular attention to the item in (1) above and economic, noise, glare or odor effects of the special exception on adjoining properties and properties gener- ally in the district; 3. Refuse and service areas, with particular reference to the items in (1) and (2) above; 4. 'Utilities, with reference to locations, availability, and compatibility; 5. Screening and buffering with reference to type, dimensions, and character; 6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; 7. Required yards and other open space; 8. General compatibility with adjacent properties and other property in the district; (3) Variances - To authorize upon appeal in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing the special conditions, a literal enforcement of the pro- -32- visions of this Ordinance would result in 'unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. A variance from the terms of this Ordinance shall not be granted by the Board unless and until: (al A written application for a variance is submitted demonstrating: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same land use district; 2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same land use district under the terms of this Ordinance; 3. That the special conditions and circumstances do not result from the actions of the applicant; 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same land use district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conform- ing use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. (b) A public hearing shall be held regarding the variance, where- by any party may appear in person, or by agent or by attorney. Notice of such hearing shall be given at least twenty (20) days in advance of said meeting. (c) The Board shall make a Subsection 16-3 (2) (3) (a) a variance; finding that the requirements of have been met by the applicant for (d) The Board shall further make a finding that the reasons set forth in the application justify the granting of the vari- ance, and that the variance is the minimum variance that will make possible the reasonable use of the land, buildings, or structures; (el The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to -33-' Secti on 00-17 the neighborhood, or otherwis~e detrimental to the public health and welfare. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 18 of this Ordinance. (3) Exercise of Power: In exercising the above mentioned powers such Board may, in conformity with the provision of this Ordinance, reverse or affirm wholly or in part, or may modify the order, requirement, decision or determination appealed from andmay make such order, requirement, decision or determination as ought to be made, and to that end shal'l have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or dete)-. mination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such Ordinance, or to affect any variation in such Ordinance. (4) Appeals From The Zoning Board Of Adjustment: Any person or persons, jointly or severally aggrieved by any decision of the Zoning Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City, may seek judicial review of such decision in the manner prescribed by Article lOllg of the Revised Civil Statutes of Texas.. ($) Fees: The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of compliances, appeals, and other matters per- taining to this Ordinance. The schedule of fees shall be pos:eUiinthe office of Building Inspector, and may be altered or amended only by the City Council. Enforcement, 17-1 Enforcement: It shall be the duty of the Building Inspector to enforce the Land Use and Urban Oevelopment Ordinance through the proper legal channels and to refuse to issue any permit for any building or structqre or the use of any premises which would violate any of the provisions hereof. Appeal from the Section 00-18 Section 00-19 17-2 decision of the Building Inspector may be made to the Zoning Board of Adjustment as provided herein. Stop Order: Whenever any building work is being done contrary to the provisions of this Ordinance, the Building Inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until author- ized by the Building Inspector to proceed with the work. Violation and Penalty 18-1 Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regula- tions made thereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved thereunder, or any certificate or permit issued there- under, shall, for each and every violation and noncompliance. respectively be deemed guilty of a misdemeanor, and upon con- viction thereof . shall be fined in any sum not less than $25.00 nor mere than $200.00, and each and every day that such violation or noncompliance shall exist shall be deemed a sepa- rate offense. 18-2 But in case any person., firm or corporation violates any of the provisions of this' Ordinance or fails to comply therewith, the City of Pearland, in addition to imposing the penalties above provided, may institute any appropriate action or pro- ceedings in court to prevent, restrain, correct, or abate or to prevent any illegal, act, conduct, business or use in or about any land; and the definition of any violation of the terms of this Ordinance as a misdemeanor, shall not preclude the City of Pearland from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Validity Should any section, sub-section, paragraph, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the Ordi- nance as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional. It is further expressly provided that such section and part of a section herei~ so far as an induce- ment for the passage of this Ordinance is concerned, is independent of every other section and every other part of section, and not any section or any part of section is an inducement for the enactment of any other section of this O~dinance. -35- Secti on 00-20 Enactment All Ordinances and parts of Ordinances in conflict with the pro- visions of this Ordinance are hereby repealed, and this Ordinance shall be in full force and effect from and after its final passage and publication as provided by the City Charter of the City of Pearland, Texas. Passed and approved on First Reading this 1973. ATTEST: 12th day of February , CITY OF PEARLAND, TEXAS Passed and approved on Second and Final Reading this 26th day of February , 1973. CITY OF PEARLAND, TEXAS ATTEST: Approved as to form: Publication date: )4aarch 1, 1973 Effective Date: ~arch 12, 1973 -36-' ARTICLE VI Section 00-21 DEFINITIONS Definitions 21-1 Word Usage: Certain words in this Ordinance not heretofore defined are defined as follows: Words used in the present tense include the future: Words in the singular .number in- clude the plural number and words in the Plural number in- clude the singular number: The word "building" includes the word "structure": The word "lot"includes the words "plot" or "tract": The word "shall" is mandatory and not discre- tionary. 21-2 Definitions: (0) Accessory Building or Use: An "accessory building or use" is one which: is subordinate to and serves a principal building or principal use; is subordinate tnarea, extent, or purpose to the principal building or principal use served; contributes to the comfort, convenience, and necessil:y of occupants of the principal building or principal use served; and is located on the same building lot as the principal building or principal use served. "Accessory," when used in the text, shall have the same meaning as accessory use. An accessory building may be part of the principal building.. Servants' quarters, as defined, are an accessory building or use. (1) ~d: An "alley" is a minor public right-of-way which es a secondary means of vehicular access to abutt- ing property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a public street as that term is defined herein. (2) Animal Husbandry: The breeding, judging, care and produc- tions of farm animals. (3) Apartment: An "apartment" is a dwelling unit in an apart- ment house. (4) Apartment Hotel: Any building containing both apartments and rooming units in some combination, having a desk or lobby attended 24 hours a day and providing some services customary and appropriate to a hotel, such as maid and room service, but not having any public meeting room. (S) Apartment House: A building or a portion thereof contain- ing three or more apartments not for transient use. -37- (e) (7) (8) (9) (10) (11) (12) (13) (14) Basement: A story (or portion of a story) partly below ~el. Boarding House: A building other than a hotel, motel, or an apartment hotel where, for compensation and by pre- arrangement for a definite period, meals or lodging and meals are provided for three or mere persons, but not exceeding twenty persons. Block: A tract of land bounded by streets or a combina- t~-i~--of streets and public parks, or corporate boundaries of the City of Pearland. Board: The word "Board" shall mean the Zoning Board of Adjustment. Building: Any structure which: is permanently affixed to the land; has one or mere floors and a roof; and is bounded by either open area or the lot lines. A building shall not include such structures as billboards; fences, or radio towers, or structures with interior sur- faces not normallly accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or.simi- lar structures. Building, detached: A building which is surrounded by yards or open space on its building lot. Building Height: .The vertical ~istance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs. Cit~: The City of Pearland, Texas. Clinic: An establishment or offices in which a group of ~ians, dentists, or other practitioners of the heal- ing arts, and allied professional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental labora- tory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians. .-,38- (15) Club or Lodge: An association of persons for the pro- ,motion of some nonprofit conmen objective, such as litera- ture, science, politics, good fellowship and similar ob- jectives which meets periodically and which is ltmtted to members. (16) Comprehensive Site Plan: refer to (6.9-2) (17) Oouncil: The City Council of Pearland, Texas. (18) Court: An open, unoccupied space bounded on more than two Tides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent open space. (19) District: Any section of the City of Pearland for which t-~-l~-~use regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform. (20) ~: Any building or portion thereof which is de- signed for or used for residential purposes. (gl) Owelltngr Multi Family: A building or portion thereof constructed for or occupied by three or more families and containing three or more dwelling units. (22) Owellinq, Single-Family: A building designed for or . occupied exclusively by one family. (g3) Dwelling, Two-Family: A building designed for or occupied exclusively bytwo families. Dwelltng Unit: A room or suite of two or more rooms de' signed or intended for use by an individual or family in which culinary and sanitary conveniences are provided for the exclusive use of such individual or family. (25) Family: One jr more persons occupying a dwelling and ltg~ngas a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group 'n occupyl g a boarding house, or hotel, as herein defined. (26) Frontage: All the property on' one side of a street be- tween two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. -39 - (27) Garage, Private: An accessory building designed or used for the storage of not more than four motor-driven vehi- cles owned and used by the occupants of the building to which it is necessary. Not more than one of the vehicles may be a conmercial vehicle of not more than two ton capacity. (28) Garage~ Public: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor- driven vehicles. (29) Home Occupation: Any occupation or activity carried on by a member of the inmmdiate family, residing on the premises, in connection with which there is used no sign other than a name plate not more than one square foot in area, or no display that will indicate from the exterior that the build- ing is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that.is similar in charac- ter to that normally used for purely domestic or household purposes. (30) Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet. (31) Lot Area: The area of a lot between lot lines, includin~ any portion of an easement which may exist within such lot lines. (32) Lot~ Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two street lines.' A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees. (33) Lot, Double Frontage: A lot.having a frontage on two non- intersecting streets as distinguished from a corner lot. (34) Lot, Interior: A building lot other than a corner lot. (35) Lot of Record: A lot which is part of a subdivision, the map of which has been recorded in the Office of the County Clerk of Brazoria or Harris County; or a parcel of land, the deed of which was recorded in the. office of the County Clerk of Brezoria or Harris County. (36) (37) (38) (39) (40) (41) (42) (43) (44) (45) Mobile Home: Any vehicle or similar portable structure having no permanent or fixed foundation other than wheels o? jacks or skirtings and so designed or constructed as to permit occupancy for dwelling structures for the pur- pose of this Ordinance only when they are parked in a mobile homes park. Mobile Home Park: Any lot upon which are located one or more mobile homes, occupied for dwelling purposes regard- less of whether or not a change is made for each accomoda- tion. Motel, Motor Hotel~ or Tourist Court: A building or group of buildings including either separate units or a row or rows of units which contain sleeping accomodations primarily for transient occupancy, and provide off-street parking space on the same building lot for use of its occupants. Nonconforming Use: The use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is situated. ~e: The use or intended use of the land or buildings tots or tenants. Open Space: .That part.of a building lot, including courts or yards, which is open and unobstructed from its lowest level to the sky, which is accessible to all residents upon a building lot, which is not part of a roof, and which does not include court recesses. Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, with a sur- faced driveway connecting the parking space with the street or alley and permitting ingress and egress of an automobile. A parking space shall not occupy any public land. Place: An open unoccupied space or a public or private ~ughfare other than a street or alley permanently reserved as the principal means of access to abutting property. Planning & Zoning Commission: The body designated by the City Council of the City of Pearland to hold public hearings and make recommendations to the Council relative to amend- ments and changes to the Zoning Ordinance. Sign~ Advertising: Poster panel, painted bulletins or other advertising services which promote and advertise commodities or services not limited to being offered on the premise on which such signs are located. (46) (47) (48) Si~n~ Advertising: Po~ter panel, painted bulletins or other advertising services which promote and advertise con~odities or services not limited to being offered on the premise on which such signs are located. ~es: A free-standing sign ~upported by a single upport anchored or set in the.ground, no ex- posed face of which exceeds sixty four (64) square feet in surface area. ~: That portion of a building, other than a basement, ed between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. (49) (50) Story~ Half: A partial story under a gable, hip, or gam- brel roof, the wall plates of which on at least two oppo- site exterior walls are notmore than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or care- taker of his family, or by a family occupying the floor i~nediately below it, shall be deemed a full story. Street: A public or private thoroughfare which affords ~incipal means of access to abutting property. (5l) (52) Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street. Structural Alterations: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls,-columns, beams or girders. (53) Town House: A row of ~ingle-family attached dwelling units which constitute an architectural whole.. (54) Trailer Park: An area where one or mere'trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities of one or more families, and intended primarily for transients. (55) Use: The purpose of activity for which the land or build- ing thereby is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the per- fo~mance standards of this Ordinance. (56) Wrecking or Salvage Yard: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, which includes auto wreck- ing yards, house wrecking yards, used lumber yards, and places for storage of salvaged house wrecking and structural --42- (57) (58) (59) (60) steel materials and equipment. Not included are places where such uses are conducted entirely within a completely enclosed building, pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely en- closed building, sale of used cars in operating condition, or salvaged materials incidental to a manufacturing opera- tion. Wrecking and salvage yard shall be screened by a solid wood fence, 6' tall. Fence shall have no merchan- dising or advertising affixed thereon. Yard: An open space at grade between a building and the ~ining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main build- ing shall be used. Yard, Front: A yard extending across the front of a lot between the side lot lines, and being the minimum horizon- tal distance between the street or place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot: has its least dimension. Yard~ Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between:the rear lot line and the rear of the main building o? any pro- jections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots,, the rear yard shall be in the rear of the front yard. Yard~ Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto. APPENDIX "A" SYMBOLS APPLICABLE TO THE SCHEDULE OF USE TABLES: Designates use permitted in district so marked. Designates use prohibited in district so marked. Indicates use may be approved in the district so marked when in compliance with the provisions established under Article III, S~ction 00-9. Plan Approval: Designates uses may be a compo- nent part of the Site Plan for a Planned Unit Development and authorized by Ordinance in the districts so designated when consistent with the conditions and procedures established under Article II, Section 6-9. S~l P R-1 R-2 GR ~ ~ OP NS GB C PU M-1 M-2 m m m ~ P~Y AG~TU~ US~S AG~TU~ ~S S S S S S S S S S ~S YES ~S FIE~ CROPS AG~TU~ ~S S S NO NO · S NO NO N0 NO ~S ~S OR O~ ~S S S NO NO S NO NO N0 NO ~S ~S ~SC~D ~ ~ A~C~TU~ S S S S S S S S S S S S S USES , ~ . ~r. ING ~S ~S ~S ~S ~S ~S ~S NO NO NO ~S NO NO NO NO ~ ~S ~S' NO ~S NO NO ~0 P/A ~0 N( ~TI F~JLY NO NQ NO NO ~S ~ NO NO NO NO NO NO N( ~IT S S S S ~S NO ~S NO NO NO NO NO NO ~G OR H~ ~ NO ~ NO ~S NO NO NO NO NO NO NO - N( H~Z~ OR ~L NO NO NO NO NO 'NO ~S ~ NO ~ ~ NO NO ~BIL HO~ ; S~I~ 6-4 NO NO ~ NO NO ~S ~ NO ~ NO ~ S S ~~D ~D S~i ~ PD R-1 R-2 GR .... ~ ~ O~ ~$ GB , 9 PU M-1 ~-2 , P~ AG~T~ USES AG~TU~ FI~ C~PS. AG~T~ ~S S .S NO NO S NO ~O NO NO F~, ~, OR 0~ ~S S S NO N0 S NO NO NO NO ~SC~ ~ ~ A~~ S S S S S S S S S S S S S USES P~Y SZN~ F~LY ~G ~S ~S ~S ~S ~S ~S ~S NO NO NO ~S NO NC ~AC~ · ~ ~0~ S~ ~I~ 6-3 ~ F~ILY NO ~ NO ~S ~S NO ~ ~ NO ~ P/A NO N D~ING ~z ~ff .o 'D~T.T~G ~IT S S S S ~S ~ ~S NO ~ NO NO NO N0 D~P~ 6-6 ~G OR .o .o H~ H~ OR ~ ~ NO NO NO NO '~ ~S ~ NO NO ~ ~ NC ~BIL HO~ S~ION 6-4 NO NO NO ~ ~SID~I~ ~S USES-SE~I~_ 6-5 Schedu,le .~ Of Uses Symbol R-1 R-2 GR ~ ~ , , I CC SSOR OS S ACCESSORY BUI~ING ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S. ~S ~S ~C~TIO~ S S S S ~S ~S ~S ~S ~S ~S P/A ~S ~S BUI~ING F~ ~SSORY ~S S S S S S S S S ~S S ~S ~S P~NG i ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S INCID~ TO ~IN USE 8~ OR ~~ ~S ~S ~S. ~S ~S ~S ~S ~S ~S ~S P/A S S SW~NG P~L (m~) [~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~ ~S ~S ~S ~{.- HO~ ~S ~S ~S ~S ~S ~S ~S NO NO NO ~S NO NO ~0PATION ~ ~SID~ ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S US~S-S~I~ 6-5 ~S A~$SORY/INCID~ ~ ~STI~IO~ ~ SP~C~ SE~ ' USES ~RY ~S S S S S NO ~S ~S ~S ~S ~S NO NO CIVIC ~R NO NO NO NO NO NO S ~S ~S ~S P/A NO NO I ~S~RY ~S S S NO NO NO NO NO NO NO NO NO NO D~ ~R~ OR KI~ER~N S S S S . NO. ~S ~S ~S ~S P/A NO NO SO~I~ ~ ~NO S S S' S NO ~S ~S' ~S ~S P/A NO NO OR CIVIC CL~ (NO L~OR) HO~ FOR ~0- ~ HOLIC, ~IC -~O BO N0 NO S ] NO ~. OR PSY~IAT~C ~ - NO NO NO PATI~. ~ ' ' -46 - ............ '.; ' ' ' ' } ~ AC~SSORY ~D ~ClDE~ USES ~ ACCESSORY ~ BUI~G ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S- ~S ~S 1 BUI~INGIC~TIOg S S S S ~S ~S ~S ~S ~S ~S P/A ~S ~S ~ F~ ~SSORY . ~S S S S S S S S S - ~S S - I BUI~ING ' ~S P~G ~S ~S ~S ~IN USE ~~ ~s ~s ~s ~s ~s ~s ~s ~s ~s P/A S S ~ SW~ING P~L i (P~) ~S ~S ~S ~S ~S ~S ~S ~' ~S ~S ~S ~ ~S HO~ ~S ~S ~S ~S ~S [~S ~S ~ NO NO ~S NO ; ~u~ATION ~ ~SID~ ~S ~S ~S ~S ~S ~S ~S ~S ~S ~ US~S-SE~ION 6-5 ~S ~S ~S ACCESSORY/~IDE ~ ~ ~STI~ION~ ~ U~S ~ ~RY ~S S S S S NO ~S ~ ~S ~S ~S NO NO CIVIC NO [~ c~R. N0 NO NO NO NO NO S ~S. ~S ~ CO~ OR ~ S S ~ ~N~S~ S ~ NO NO NO NO ~ ~ NO ~ NO NO ~ DAY ~ERY OR ~ KI~E~ ~ S S S S S .NO ~S ~S ~S ~S P/A NO NO ~ F~I~ OR ~ ., ~O~I~ ~~NO S S S' S NO ~S ~S' ~S ~S P/~ :~ OR C~IC ~ ~ NO ~ ~O~ FOR ~0- ~ ~LIC, N~IC .~0 NO NO NO S NO ~-. S -46 - Schedule Of Uses I'- Symbol HOSPITAL ~i HOSPITAL ~ (CHRONIC CARE) NO INSTITUTIONS OF RELIGIOUS OR NO PHILATHROPIC LIBRARY, ART G~ T.T.~-RY OR RESIDENCE HOME ~ NO FOR AGED SCHOOLS, COT.T.~-GE OR UNIVERSITY ! SCHOOLS, PUBLIC ! S OR PAROCHIAL UNSCHEDULED ANDJ NEW INSTITUTION-~ S AL USES SECTION 6-5 ELECTRICAL SUBSTATION ! 'E~CP~R ~ TRANSMISSION STATION LOCAL UTILITY DZSTRZBUTZON LTN~S RADIO OR TELEVI- SION OR MICRO ,I NO NO R-2 { GR OP I NS C YES :S UTILITY AND RELATED SERVICE USES NO S S S NO $ YES S NO S S YES YES YES YES -47 - Schedule Of Uses R~DIO OR TET.,EVI'~ SION TRANSMITT-/ NO NO NO NO NO NO S YES YES YES j P/A YES YE~ ING STATION, PUMPING YES YES YES YES YES YES YES YES YES YES ~ YES. YES YE~ STATION T~?~vr S S S S S S s S S YES S ~S YE~ RAILROAD TRACKS S S S S S S S S S S S S 'S ~ RIGht-OF- TRACK OR NO NO NO NO NO NO NO NO NO YES NO YES ~E: .IGHT DEPOT BUSINESS NO NO NO NO NO NO YES YES YES YES P/A YES OFFICE '~LHPHONE EX- CHANGE SWITCHING :L-'~S ! S S YES YES YES YES YES' YES YES P/A YES RELAY AND TItANS- UTILITIES PUBLI( OR PRIVATE OTHE] S S S S S S S S YES YES S YES YE: THAN LISTED UTILITY SHOPS OR STORAGE, NO NO NO NO NO NO NO NO S YES NO YES ~E YARDS AND BUILD~ INGS WATER TREATMENT ~ P~NT S S S S S S S S S YES S YES YE SERVOIR, PUMP- YES YES YES YES YES YES YES YES YES YES YES YES Y _m_9__ST__~TXON OR RELATED SERVICE YES YES YES YES YES YES YES YES YES YES YES YES' YE USES-SECTION 6-5 uses COUNTRY CLUB S S S S YES YES YES YES' YES YES P/A YES YE DRAG STRIP NO NO NO NO NO NO NO NO. NO S S S S ii Sche'aule :~ Of Uses Symbol R-2 GR MF [ NO NO NO YES YES S YES Y FAIRGROUNDS NO NO NO NO NO PLAYGROUND YES YES YES YES YES YES YES YES YES YES YES' YES Y PRIVATE CLUB i S S S S S S S YES YES YES P/A YES Y RECREATION S S S YES YES YES YES YES YES YES P/A YES Y CENTER ' . NEW I~CREATIONAI S S · S S YES YES YES YES YES YES P/A YES ~ USES SECTION 6-5 ....... AUTOMOBILE I~LATED SERVICE USES AUTO CARWASH NO NO NO NO NO NO NO S YES YES [ S YES % i{ OR USED CAR LOT NO N,O NO NO NO NO NO NO YES YES NO YES ~ i!' ' (oPM) AUTO PAINTING AND BODY SHOP NO NO NO NO NO NO NO NO NO YES NO , YES : ~ I GASOLINE SERVICE NO NO NO NO NO NO NO YES YES YES P/A YES i STATION STRUCTURE, ! NO NO NO NO NO NO NO YES YES~ YES P/A YES [~ TRUCK STO~AGE~ NO NO NO NO NO .NO NO NO NO YES NO YES li P~'~S IN BUILDIN( NO NO NO N6 NO NO NO NO NO YES NO YES I ' i iSALE NEW &UTO , NO NO ,o ,o ,o YEs YEs YEs I IN~ ~ ........ I -49- Schedule ., , SEAT C~R OR ~R INST.-· NO NO NO NO NO NO NO NO ~S ~S NO ~TI~ SHOP ~S TI~ ~T~ING ~ ~PING NO NO NO NO NO NO NO NO NO ~S NO · ~S jG O~ ~ ~ ~OR NO NO ~ NO ~O ~O ~0 NO NO A~S OR P~S ~ 'A~BI~ NO NO NO NO NO NO NO ~S ~D USES ~S ~S NO ~S ~I~ 6-5 ~L ~ BUSI~SS SE~S ~I~ SHOP NO NO NO NO NO NO ~S ~S ~S ~S P/A ~S~PLY NO NO NO NO NO NO ~S ~S ~S ~S P/A ~S ~I~ CLINIC O~ ~ HOSPIT~ NO NO NO NO ~SIDE P~S ~ OR SAV~GS ~ ~ OFFI~ ~ ~ STA- ' TI~RY S~ NO  BA~Kx OR CO~, TI~RY SHOP I- NO NO ~O ~S ~S S~P N0 NO ~m=NING =~uY "' r oR ~RY Nm NO NO N0 Z ~s NO STATI~DRY PI~-~ .~[ NO NO ~ INO ~ NO NO ~S. ~S ~S ~/A ~S ~S -50- Schedule Of. Uses Pre- Development District Single Family Dwelling District i Single Family Duelling District General Resident District Ti, E :L4 C 0 •.4•'-1 •44 H%.1 rI N U) •91 :Gq O al •••! r1 >i .0 SIN 0 03-.1 :dWq Office and Professional District' Neighborhood Service District ow rI U) 0 a! 0'H c G) H N U) a) 0 '3•.i VWq m4 U 0 !-I•'i efl-IfJ43 Q U1 O..I (in 4, •r �v 'O a0 a) 0.•-1 ❑.11 al › U) r♦ a).-1 -iliac) ri ro •lei 0 L-.1 v 'OW O•.1 tiq .i s •11 .U-. w: 'O '. L•-- Hf YE Symbol PD R-1 R-2 GR ME MH OP N$ _,GS-- YES r• YES RLS,—.'L P/A YES ! CLEANING OR { LAUNDRY SELF- SERVICE SHOP NO NO NO NO NO NO NO YES CLINIC MEDICAL OR DENTAL NO NO NO NO NO NO YES YES YES YES P/A YES YE TORE OR PHARMDRUG SACY NO NO NO NO NO NO YES YES YES YES P/A YES YE DEPARTMENT STORRRFEI OR DISCOUNT HOUSE NO NO NO NO NO NO NO YES YES YES P/A YES YE GROCERY STORE NO NO NO NO NO NO NO YES YES YES P/A YES YE. FUPLIITUCE RE OR'ORE NO NO •NO NO N0 NO NO YES YES YES P/A YES YE FLORIST SHOP 1 NO NO NO NO NO NO YES YES YES YES P/A YES YE. a. - !PLANT SALES GARDEN SHOP AND NO NO NO NO NO NO NO YES YES YES P/A YES YE.. I HANDCRAFT AND ! ART OBJECT SALE N NO NO NO - NO NO • NO YES YES YES YES P/A YES YE. t 'HARDWARE STORE 1' NO NO NO NO NO NO NO YES YES YES P/A YES YE: HOBBY SHOP NO NO NO NO NO NO YES YES YES YES P/A YES YE: N KEY SHOP i NO NO NO NO NO NO NO YES. YES YES P/A YES YE. (JLABRATORY MEDI- yCAL OR DENTAL 1 NO NO NO NO NO NO YES YES YES YES P/A YES YE !LETTER OR i MIMEOGRAPH SHOP !Wig: NO NO NO NO NO NO NO YES YES YES P/A YES YE. '•MEDICAL APPLI- ANCES FITTING AND SALES NO NO NO NO NO NO YES YES YES YES P/A YES YE. :MORTUARY . NO NO NO NO NO NO NO S YES YES NO YES YE. -51- [:' )~., Symbol PD ~1 R-2 GR ~ ~ O N GB PU - - OFFI~, P~S- ~ SIO~ OR ~ ~ NO NO NO NO NO NO ~S ~S ~S ~S P/A ~S ~ BUSI~SS OPTI~ SHOP OR~ ~Ry NO NO NO NO NO ,NO ~S ~S ~S, ~S P/A ~S ~: ~ " PA~ S~ NO NO NO NO ~ NO NO ~S ~S ~S P/A ~S ~ PA~ SHOP NO NO NO NO NO NO ~ ~S ~S ~S P/A ~S =S P~ SHOP-S~ . ~I~, Bi~S NO NO NO NO NO NO NO ~S ~S ~S P/A ~S ~ OR FISH ~O~ ~S~ SE~S, T~t NO NO ~ NO NQ NO S ~S ~S ~S P~A ~S ~ ~I~RY, ~. · ~T~L SHOPS, ~ ~c=~so- ~o ~o ~o ~o ~o ~o ~o ~s ~s ~s ~ ~s ~ ~R OF ~PLI1 ~S,~iOS ~'~- NO NO ~NO NO NO NO NO ~S ~S ~S P/A ~S ~S ss~ ~ ~ so ~o ao ~o ao so ~s ~s ~s ~/~ ~s ~ sz~s ~osz~Ss ~ F ~o ~ ~o ~o m ~o ~s ~s ~s ~s ~/~ ~s ~s SI~S ~R- tis~g ~ i ~ ~ NO : 'NO NO ~ NO NO ~S ~S NO ~S ~S sz~sm=~s [.~o ~o ~o No ~o ~o S ~s. ~s ~s :~ ~s' =~ ~' ' ~ SI~S ~ ESTA~ ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~S ~ ~S G~R, ~IST, ~ ~SIC, D~, NO NO NO NO NO NO ~S ~S ~S ~S P/A NO NO ~ ~C~G OR ' NO ~ ~ ~ NO NO S ~ ~S ~S P/A NO NO Schedule S~IO. DECOd- eR ~D DISP~Y I NO N0 N0 NO NO NO ~S ~S, ~S ~S P/A NO NC TA~ NO ~. NO NO NO NO NO N0 ~S ~S P/A ~S Y~ T~L BU~U OR ~NS~T~ NO NO NO NO NO NO ~S ~S ~S ~S NO NO NC O~I~ (~ ~I- NO NO NO NO NO NO NO NO ~S ~S ~ ~S Y5 ~ HOSPIT~) V~E~ ~O~ NO NO NO NO NO NO NO ~S ~S ~S P/A NO NC ~SC~ BUS--SS NO NO NO NO NO NO SE~I~ USES SE~I~ 6-5 'C~ ~ ~D SE~ US~S~ ~RY NO NO NO NO NO NO NO NO NO ~S NO ~S ~O~ ~ BUI~ING NO NO S~S ~ OR NO NO NO NO NO NO NO NO S ~S NO ~S ~HOLS~RY C~G ~- FA~NG OR NO NO N0 NO NO NO NO NO NO S~ LIG~ C~, D~- ING OR ~RY . P~ ~I~ NO NO NO NO NO NO NO NO . NO ~S ~ NO ~S YE D~ ~ OR s ~ ,~CHI~RY ~ '- ~S, ~ ~ ~P~R Schedule ' ~ ',,~ ~ 4~4~_ ~ ~ ~.~ ~ ~ ~ .~ .~ PD R-1 R-2 GR S~ OF ~I- NO NO NO NO N0 NO N0 NO N0 ~S N0 ~ ~PLI~S ES ~ ~CHIERY LITH~ER 0R P~ SHOP NO NO NO NO N0 N0 NO N0 N0 ES N0 ES MI~ DEP~, DAI~ 0R ICE C~ N0 NO NO NO NO N0 NO N0 S ES N0 ES P~ ~CE ~ ~R SE~I~ NO _ NO NO NO N0 N0 N0 NO N0 ES FOR BUI~ING ~RY, ~IEIFIC 0R NO NO N0 N0 . N0 N0 S S S ES S ES ~S~H ~TORY, ~A~NG NO NO NO N0 NO NO N0 NO N0 ES N0 ES P SHOP NO NO NO N0 N0 NO NO NO NO ES N0 ES PLYING SHOP NO N0 NO NO N0 NO NO NO N0 ES N0 ES ~I~ OR BUS P~S~R N0 N0 NO NO NO NO NO STATION T~ F~IG~ NO ~0 NO NO N0 NO NO NO N0 ES N0 'D~ OR E~ S~ NO NO NO NO N0 NO NO NO ~ ES N0 ES YE ~HOUSE T~E OR COM- ~I~ SCH~LS N0 NO NO NO NO ~ N0 N0 S ES N0 ES YE T~I~R ~ * MOBI~ HO~ NO NO i NO NO NO NO NO NO ES ES NO ES YE [S~S OR ~ ONLY T~SER. S~R- ~ ~ ~ NO NO !NO NO N0 .NO NO NO NO ES NO ES HOSPIT~ OR NO NO ~L (~SIDE P~S) ~ING OR ~IE SHOP NO NO * NO ~ESTRICTION. ON NUMBER ,OF UNITS ON THE F,%LES .I~T. ~TALS ARE FOR "OFF-SITE" USE ONLY. ' Schedule Symbol WHOLESALE OFFICE STORAGE OR SALEs NO NO NO NO NO NO NO NO NO YES NO YES YE. UNSCHEDULED AND NEW COMMERCIAL NO NO NO NO NO NO NO NO NO YES NO YES YE: USES SECTION 6-5 INDUSTRIAL AND RELA'r~.b USES LIGHT MANUFAC - TORING PROCESS NO NO NO NO NO CLASS ~&TSECTIO~ NO NO NO NO NO NO YES YE~ ~X~ L~G U~S (TEmPOrARY PLANTS PEP, MITTED BY RESOLUTION OF CITY CODNCIL) AIRPORT, HELI- PORT OR LANDING S S S S S S S S S S S S S FIELD ASPHALT OR I CONCRETE NO NO NO NO NO NO NO NO NO NO BATCHING PLANTS NO NO YES I STORAGE OF SHELL I SPOIL, SAND AND NO NO NO NO NO NO NO NO NO NO .NO NO GRA~'EL . YES CO~m~CIAL EX- TRACTION OF SOIL No NO No NO N0 No No No No No NO NO YES STORAGE OF PRO- CESSING OF NO Np NO NO NO NO NO NO ' SULFOR, CEMENT NO NO NO NO YES M~R~NG, INDUSTRIAL STOR- AgE OR ASSEMBLY PROCESS NOT p~O- HIBITmm BY LAW NO NO NO NO NO NO NO NO NO NO NO · UT EXCLUDING NO YES SECTION 6-8 SALVAGE YARD ACT VI, SSC.22-2 NO NO NO NO NO NO NO NO NO NO NO S YE:: CONTENTS CITY OF PEARLAND LAND USE AND URBAN DEVELOPMENT ORDINANCE ARTICLE I Section Section Section Section Section ARTICLE II Section GENERAL LAND USE AND URBAN DEVELOPMENT PROVISIONS O0-1 Effect of Development Standards 00-2 Establishment of Land Use Districts and Boundaries 00-3 Rules for the Interpretation of District Boundartes 00-4 Compliance Required 00-5 Land Use OistrictMap USE, HEIGHT AND AREA, ANO PARKING REGULATIONS 00-6 Schedule of Use Section 00-7 Height and Area Regulations · Section 00-8 Off Street Parking and Loading Regulations ARTICLE III SPECIAL USE PROVISIONS Section 00-9 Special Use Pemits ARTICLE IV AMENDMENTS Section 00-10 A~endments ARTICLE V ENFORCEMENT AND ENACTMENT Section 00-11 Section 00-12 Section 00-13 Section 00-14 Section 00-15 Section 00-16 Section 00-17 Section 00-18 Section O0-1g Section 00-20 ARTICLE VI Confirmation of Building Site Nonconforming Use Effects Upon Existing Permits, Agreements and Rights Building Permits Certificate of Occupancy and Compliance Board of Adjustment Enforcement Violation and Penalty Validity Enactment DEFINITIONS Section 00-21 APPENDIX "A" Definitions Map - Exhibit "A" Map - Exhibit "B" PAGE 37 44 56 57 2 2 3 4 5 5 12 19 24 25 27 27 28 29 30 30 34 35 35 $6 Land Use District Map I,- �- -- •:.:..... . ............ _-R ------ Di tract ... •.••,.r ,,,r• :.;,:,.�:. ..... :r<;;•� _may,: I , S . �L�(�CJC ,,,x,..11 ,�`1� _ I R -e Symbol District r CODE DOE PO Pro -Development f PU � i� I U � �\ R•1 Low Density Single Family -��e------------- ____ _ _ -- 1 R-2 Medium Density Single Family PLI OR General Residence -"�' \\\ MF m Ile Multi-Faily \ `fe details: of ; __. ___._ .. ... 11, _ _ 'C I ..., . 1 OP Office and Professional thi area tooI PU f ,St ted. 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