Ord. 2000-T-13 2011-10-24ORDINANCE NO. 2000 -T -13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF
THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, on the 19th day of September, 2011 a Joint Public Hearing
was held before the Planning and Zoning Commission and the City Council of the
City of Pearland, Texas, notice being given by publication in the official
newspaper of the City, the affidavit of publication being attached hereto and
made a part hereof for all purposes as Exhibit "C said call and notice being in
strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 19th day of September, 2011, the Planning and
Zoning Commission of the City submitted its report and recommendation to the
City Council regarding the proposed amendments to the Unified Development
Code, whereby the Commission recommended approval of the amendments,
with condition, said recommendation attached hereto and made a part hereof for
all purposes as Exhibit "B now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain provisions of the Unified Development Code are
hereby amended as shown in Exhibit "A" attached hereto and made a part hereof
for all purposes.
ORDINANCE NO. 2000 -T -13
Section 2. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall
cause this Ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall become effective immediately upon final passage.
Page 2 of 3
Ord No 2000T -13
ORDINANCE NO. 2000 -T -13
October, 2011.
ATTEST:
PASSED and APPROVED ON FIRST READING this the 10 day of
PASSED and APPROVED ON SECOND AND FINAL READING this the
24 day of October, 2011.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
onS
TOM REID
MAYOR
TOM REID
MAYOR
0)-Ai72 A -Q
Page 3 of 3
Ord No 2000T -13
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Exhibit "A"
Ordinance No. 2000 -T -13
Moddid Sec ns
f th UDC 1
3
Section 2.2.3.5 Abandonment, Expiration and Revocation
(a) Abandonment. A Conditional Use once established, that remains vacant for a
continuous period of six (6) months, shall be deemed abandoned, and shall not
thereafter be re- established except upon approval of a new application for a
Conditional Use Permit. In determining whether a conditional use has been
abandoned, the City shall apply the standards applicable to abandonment of a non-
conforming use in Section 2.7.3.6 of this Code.
(b) Time of Expiration. A Conditional Use Permit shall expire if:
(1) A building permit, if any, for the use has not been approved within one year of
the date of approval of the permit
(2) The building permit subsequently expires;
(3) The use has been discontinued for a period exceeding six months; or
(4) A termination date attached to the permit has passed.
(c) Extension: City Council may, upon recommendation of the Planning and Zoning
Commission, extend this time frame by up to one additional year from the date of
approval of the Conditional Use Permit.
(d) Revocation. The City Council may revoke any Conditional Use Permit that is in
violation of any condition imposed on the use in accordance with the procedures of
Article 7 of this Chapter 2.
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Section 2.2.5.2 Variances
(a) Purpose, Applicability and Effect.
(1) The purpose of a variance is to vary one or more zoning standards made
applicable to a use authorized under this Chapter. A variance application shall
not be used as a means of amending the text of the City's zoning regulations or
of changing a zoning district classification of the property for which the variance
is sought. A variance application cannot be used as a means to contest the
applicability of a standard to a development application, an exemption
determination, or a decision on a development application.
(2) A variance application is applicable only within the City limits of Pearland.
(3) The granting of a variance petition in whole or in part authorizes the petitioner
to submit a development application that complies with the standard as varied
or modified, and authorizes the decision -maker to evaluate the application
using the varied standard, for the duration of the variance.
(4) Variances from the requirements of Chapters 2, 4, and 5 shall be decided by
the Zoning Board of Adjustments, and variances from the requirements of
Chapter 3 shall decided by the Planning and Zoning Commission.
(b)Application Requirements.
(1) A variance application shall contain a detailed written statement of the reasons
why the standards to be varied should not be applied to the use identified in the
application, and shall be accompanied by the fee established by the City
Council. The application also shall be accompanied by illustrations or other
documents showing the effect of the requested variance on the proposed
development.
(2) A variance application shall be filed with the Zoning Board of Adjustment. No
development application that is dependent upon approval of the pending
variance application shall be accepted for filing until a final decision has been
reached on the variance application.
(3)A variance application may not be accepted for filing until a plat of the property
has been approved, unless determined otherwise by the Planning Director.
(c) Processing of Petitions and Decision.
(1) The Zoning Board of Adjustment shall conduct a public hearing on the variance
application in accordance with Chapter 1. Personal notice shall be provided in
accordance with Chapter 1, Article 2 of this UDC.
(2) The Zoning Board of Adjustment shall approve, conditionally approve, or deny
the variance application.
(3) A variance application shall be decided within forty -five (45) days of the official
filing date, unless the application is tabled or there is a lack of quorum. In
either case, the ZBOA shall then have an additional forty -five (45) days to
decide the application. Any additional time period that the ZBOA needs to
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decide an application must be agreed upon by the applicant, and the ZBOA
shall decide the application within the agreed -upon timeframe.
(4) The applicant for a variance bears the burden of proof to demonstrate that a
variance to the standards applicable to a particular use should be granted.
(5) The applicant shall be notified of the decision on the variance petition in the
manner provided in Chapter 1 of this UDC.
(d) Criteria for Approval. In deciding the variance application, the Board shall apply
the following criteria:
(1) There are special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land such that
the strict application of the provisions of this Code to the proposed use would
create an undue hardship or inequity upon or for the applicant, as distinguished
from a mere inconvenience, in developing the land or deprive the applicant of
the reasonable and beneficial use of the land;
(2) The circumstances causing the hardship do not similarly affect all or most
properties in the vicinity of the petitioner's land;
(3) The variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner;
(4) Granting the variance application will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area;
(5) Granting the variance application will not have the effect of preventing the
orderly use and enjoyment of other land within the area in accordance with the
provisions of this Code, or adversely affect the rights of owners or residents of
surrounding property;
(6) The hardship or inequity suffered by petitioner is not caused wholly or in
substantial part by the petitioner;
(7) The request for a variance is not based exclusively on the applicant's desire for
increased financial gain from the property, or to reduce an existing financial
hardship; and
(8) The degree of variance requested is the minimum amount necessary to meet
the needs of applicant and to satisfy the standards in this section.
(e) Expiration and Extension.
(1) A variance to a standard applicable to a particular use shall expire within 90
days of the date the variance petition is granted, unless the property owner or
applicant files a complete application for a building permit with the City within
such period. The Board may extend the time for filing the building permit
application for good cause shown, but in any event, the expiration date for the
variance shall not be extended beyond one (1) year from the date the variance
was granted.
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(2) If the building permit expires, the variance also shall expire. If the building
permit is extended, the variance also shall be extended.
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Section 2.4.2.10 MF, Multiple Family Residential District
(a) Purpose. The Multiple Family Residential District (MF) is intended to permit the
development of multiple family (apartment) residences and associated uses. This
district should be located adjacent to a major thoroughfare and may serve as a buffer
between low or medium density residential development and non residential
development or high- traffic roadways.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Gross Site Area Every tract that is developed for multiple
family use shall have a minimum gross site area of twenty thousand
(20,000) square feet.
b. Minimum Site Width Every tract that is developed for multiple family use
shall have a minimum site width of one hundred twenty -five feet (125').
c. Maximum Project Coverage Forty percent (40
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. One -Story Building: Ten feet (10').
2. Buildings Over One Story: Ten feet (10'), with an additional five feet
(5') for each story thereafter.
3. Every part of a required yard or court shall be maintained as open
space, provided that ordinary projections may extend into a side
yard or court a maximum of twenty -four inches (24 Also see
Section 2.6.1.1(f)(2).
c. Minimum Rear Yard Twenty -five feet (25'); thirty feet (30') when
adjacent to a thoroughfare or collector roadway, except if landscaping is
provided and is visible from (i.e., there is no fence or other visible
obstruction) the thoroughfare or collector).
(3) Maximum Number of Dwelling Units: Sixteen (16) dwelling units per gross acre
of land used for residential purposes.
(d) Height Restrictions. No building shall exceed thirty -five feet (35') in height except
as allowed by Conditional Use Permit.
(e) Accessory Buildings. Accessory buildings shall meet the requirements of Chapter
2, Article 5, Division 3 of this UDC.
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(f) Common Areas Management Maintenance. For any land and /or facilities to be
used in common by residents of the development, there shall be provisions made for
the management and maintenance of such common and and /or facilities.
(g) Common Open Space. Common open space is considered common area and shall
be maintained as such in accordance with Subsection (f) above. In addition, the
following shall be required for common open space.
(1) In all areas where multiple family units are developed, there shall be at least
nine hundred (900) square feet of common open space per dwelling unit.
(2) The minimum area of any common open space shall be six thousand (6,000)
square feet.
(3) The minimum dimension of any common area shall be eighty feet (80').
(4) Each area of common open space shall be within three hundred feet (300') of
all dwelling units intended to be served by the common open space, measured
along a route of pedestrian access.
(5) Each area of required common open space shall be appropriately graded,
turfed, surfaced or otherwise landscaped and provided with suitable drainage
facilities.
(6) Facilities such as pedestrian ways and outside swimming pools may be
included as part of the required common open space.
(7) Off street parking areas, service drives, and detention facilities shall not be
included in any calculation of required common open space.
(8) The landscaped buffer required in this Subsection (n) below may be counted
toward meeting this common open space requirement.
(h) Maximum Percentage of Efficiency Units. A maximum of twenty -five percent
(25 of the dwelling units within a multiple family development shall be efficiency
units.
(i) Fences Screening. Fences and screening shall be provided and maintained as set
forth in Chapter 2, Article 5, Division 2 and Chapter 4, Article 2, Division 4 of this
UDC. Screening elements shall be consistent in color and material with the multiple
family development.
(j) Parking. Parking shall be provided as required in Chapter 4, Article 2, Division 1 of
this UDC.
(k) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual.
(I) Refuse Containers. All refuse and refuse containers shall be screened from the
view of adjacent public streets and from the view of any adjacent single family, patio
home, and /or townhouse development(s). The location of such containers shall be
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limited to the side or rear of the development, whichever has the least impact on the
view from the adjacent roadway(s) and development(s).
(m) Landscaped Open Area. At least fifteen percent (15 of the gross site area shall
be maintained in landscaped open area. Other landscaping requirements shall be
provided in conformance to Chapter 4, Article 2, Division 2 of this UDC.
(n) Adjacent to a Single Family or Nonresidential Use or Zoning District. When a
multiple family development is established on a tract of land that is adjacent to a
single family development, to property zoned for single family use, to a
nonresidential use, or to property zoned for nonresidential use, there shall be a
twenty- five -foot (25') wide landscaped buffer along the property line that is adjacent
to such uses or districts. The landscaped buffer shall remain open and unobstructed
(i.e., no parking, driveways, or other use of the buffer area), and shall be planted with
ground cover, such as grass or ivy. This landscape buffer may be counted toward
other landscaping requirements, but shall not be counted toward landscaping
required in the front yard area.
(o) Single Family Uses. Any single family development that occurs within the MF
Zoning District shall meet the requirements of the R -3 Zoning District.
(p) Patio Home Townhouse Uses. Any patio home development that occurs within
the MF Zoning District shall meet the requirements of the R -4 Zoning District, and
any townhouse development that occurs shall meet the requirements of the TH
Zoning District.
(q) Outside Storage. Outside storage in the front yard is prohibited, except for storage
within leased portable containers such as PODS for not longer than seven (7)
calendar days.
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Section 2.4.2.11 MH, Manufactured Home Park District
(a) Purpose. The Manufactured Home Park District (MH) is intended to provide basic
and uniform regulations and performance objectives to establish reasonable
standards and safeguards to insure the safety, health and welfare of the occupants
and users of manufactured home park areas. These requirements shall be used in
conjunction with the other mobile /manufactured home regulations as set in Chapter
4, Article 2, Division 6 of this UDC.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Gross Site Area Every residential tract that is developed for
manufactured home uses shall have a minimum gross site area of three
(3) acres.
b. Minimum Site Width Every residential tract that is developed for
manufactured home uses shall have a minimum site width of one hundred
fifty feet (150').
c. Maximum Project Coverage Thirty percent (30
d. Minimum Site Depth Every residential tract that is developed for
manufactured home uses shall have a minimum site depth of two
hundred fifty feet (250').
e. Minimum Lot Area Six thousand (6,000) square feet.
f. Minimum Lot Width Sixty feet (60').
g. Minimum Lot Depth Ninety feet (90')
(2) Minimum Size of Dwelling Unit: Every dwelling unit in this district shall have a
minimum floor area of six hundred (600) square feet.
(3) Size of Yards:
a. Minimum Front Yard Ten feet (10')
b. Minimum Side Yard Ten feet (10')
c. Minimum Rear Yard Ten feet (10'); twenty feet (20') when adjacent to a
thoroughfare or collector roadway (see Subsection (I) below).
(4) Maximum Number of Dwelling Units: Five (5) dwelling units per gross acre of
land used for residential purposes.
(d) Height Restrictions. No building shall exceed thirty -five feet (35') in height.
(e) Accessory Buildings.
(1) There shall be storage facilities which shall not be within any required yard with
a minimum capacity of two hundred (200) cubic feet per mobile home space.
These shall be provided for each space or in compounds located within one
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hundred feet (100') of each space. Wherever provided, storage facilities shall
be constructed of non combustible materials.
(2) Additional accessory buildings, including an office(s) for the manufactured
home park, community facilities, house for the owner /manager of the
manufactured home park, ,not exceeding ten percent (10 of the gross site
area shall be permitted behind any building line, provided, however, such
accessory buildings shall be solely for the convenience and necessity of the
inhabitants of the park.
(3) Also refer to Chapter 2, Article 5, Division 3 of this UDC.
(f) Common Areas Management Maintenance. For any land and /or facilities to be
used in common by residents of the development, there shall be provisions made for
the management and maintenance of such common land and /or facilities.
(g) Common Open Space. Common open space is considered common area and shall
be maintained as such in accordance with Subsection (f) above. In addition, the
following shall be required for common open space.
(1) in all areas where a manufactured home park is developed, there shall be at
least six hundred (600) square feet of common open space per dwelling unit.
(2) The minimum area of any common open space shall be six thousand (6,000)
square feet.
(3) The minimum dimension of any common open space area shall be eighty feet
(80').
(4) Each common open space area shall be within three hundred feet (300') of all
dwelling units intended to be served by the common open space, measured
along a route of pedestrian access.
(5) Each area of required common open space shall be appropriately graded,
turfed, surfaced or otherwise landscaped and provided with suitable drainage
facilities.
(6) Facilities such as pedestrian ways and outside swimming pools may be
included as part of the required open space.
(7) Off street parking areas, service drives, and detention facilities shall not be
included in any calculation of required common open space.
(8) The landscaped buffer required in this Subsection (m) below may be counted
toward meeting this common open space requirement.
(h) Fences Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC.
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(i) Parking. A minimum of two (2) off street parking spaces shall be provided for each
dwelling unit. Parking shall also be in conformance with Chapter 2, Article 5, Division
2 and Chapter 4, Article 2, Division 1 of this UDC.
(j) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual.
(k) Refuse Containers. All refuse and refuse containers shall be screened from the
view of adjacent public streets and from the view of any adjacent single family, patio
home, and /or townhouse development(s). Such containers shall not be located within
side or rear yard areas.
(I) Landscaped Open Area. At least fifteen percent (15 of the gross site area shall
be maintained in landscaped open area.
(m)Adjacent to a Single Family or Nonresidential Use or Zoning District, Adjacent
to the Roadway.
(1) When a manufactured home park is established on a tract of land that is
adjacent to a single family development, to property zoned for single family
use, to a nonresidential use, or to property zoned for nonresidential use, there
shall be a twenty- five -foot (25') wide landscaped buffer along the property line
that is adjacent to such uses or districts. The landscaped buffer shall remain
open and unobstructed (i.e., no parking, driveways, or other use of the buffer
area), and shall be planted with ground cover, such as grass or ivy.
(2) Along all roadways adjacent to a manufactured home park, there shall be a
twenty- five -foot (25') wide landscaped buffer along the property line that is
adjacent to such uses or districts. The landscaped buffer shall remain open
and unobstructed (i.e., no parking, driveways, or other use of the buffer area),
and shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard /setback area.
(n) Single Family Uses. Any single family development that occurs within the MH
Zoning District shall meet the requirements of the R -3 Zoning District.
(o) Patio Home Townhouse Uses. Any patio home development that occurs within
the MH Zoning District shall meet the requirements of the R -4 Zoning District, and
any townhouse development that occurs shall meet the requirements of the TH
Zoning District.
(p) Multiple Family Uses. Any multiple family development that occurs within the MH
Zoning District shall meet the requirements of the MF Zoning District.
(q) Street Right -of -Way. All streets within the site shall have a sixty -foot (60') minimum
right -of -way to provide sufficient access for oversized vehicles. Such roadways shall
be designed and constructed consistent with the City's standards for minor collector
streets.
(r) Mobile /Manufactured Home Space Improvements.
(1) Paving All wheels of structural supports shall be placed on an approved
foundation as set forth by the Building Inspection Department.
(2) Sanitary Facilities Refer to requirements within Section 4.2.6.7 of this UDC.
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(3) Anchoring Devices Each mobile home space shall be provided with tie -down
anchors as provided by State and Federal Regulations.
(4) Utilities All utility service shall be underground.
(s) Other Regulations. The development shall conform with all applicable provisions of
the Mobile Home Ordinance No. 179 (and subsequent amendments) of the City of
Pearland and all other applicable City and State Regulations.
(t) Mobile Home Replacement. A mobile home as defined herein is one that was
constructed before July, 1976. A manufactured home as defined herein is one that
has been constructed after July, 1976. Any mobile home that is deemed a legal,
conforming use and that is in need of replacement shall only be replaced with a
manufactured home constructed after July, 1976.
(u) Outside Storage. Outside storage in the front yard is prohibited, except for storage
within leased portable containers such as PODS for not longer than seven (7)
calendar days.
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Section 2.4.3A SPD, Spectrum District
(a) Purpose. The purpose of the Spectrum District is to provide a visually cohesive
district that allows for diverse land uses within one overall District and to provide a
zoning district that is consistent with the recommendations within the City's adopted
2004 Comprehensive Plan Update. The Spectrum District is comprised of five (5)
Sub Districts that provide areas for these different land uses in a compatible manner.
The requirements for development within each district are contained herein. The
Sub Districts are as follows:
(1) District 31: The Beltway District: The 31 Sub District is intended for
nonresidential development that typically desires high visibility from major
thoroughfares. Retail uses such as shops and restaurants should be the
primary uses within this Sub District. A "mall- like" setting, either indoor or
outdoor, would be ideal for these locations. Pedestrian circulation should be a
prime consideration. In addition, science and technology related office uses
(also referred to as "tech- flex and /or "Class A" office uses developed within a
business park or corporate campus would also be appropriate. In addition,
development should respect natural features such as creeks and drainageways
by integrating such features into the overall design of the site(s).
(2) District S2: The Mixed Use District: The S2 Sub District is appropriate for a
variety of land uses, including hotels, a conference center /convention center,
tourism oriented uses, commercial, light industrial, and science and technology
related uses. This wide variety of acceptable uses is intended to allow for
optimum market flexibility for development within the S2 area. Any commercial
and /or light industrial uses developed should be within a business park or
corporate campus with buildings and parking situated such that a feeling of
open space is created, and business activities should take place wholly within
buildings. Development should also respect natural features such as creeks
and drainageways by integrating such features into the overall design of the
site(s). Walkability and pedestrian- orientation is important for this site due to its
central location within the overall Spectrum District.
(3) District S3: The Mixed Use —High Density Residential District: The S3 Sub
District is intended for Traditional Neighborhood Design (TND), which is
characterized by a vertical mix of nonresidential and residential uses, with retail
and /or office uses on the ground floor and residential uses above. In addition,
consistent with other areas of the Spectrum District, commercial, and light
industrial science and technology related uses developed within a business
park or corporate campus would also be appropriate within the S3 area.
Compatibility with residential uses should be an important design
consideration.
(4) District S4: The Light Industrial and Science Technology District: The S4
Sub District is intended for light industrial uses that may have some business
activity that takes place outside and /or some outside storage of materials. To
maintain the quality of the Spectrum District, however, such outside activity
and /or storage should be screened. The S4 Sub District should provide positive
transition between development within the S5 Sub District (discussed below)
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and the S2 Sub District. Design guidelines should ensure that businesses
provide an aesthetically pleasing view from the planned roadways.
(5) District S5: The Light Heavy Industrial District: The S5 Sub District is
intended for light or heavy industrial development that may have outside
business activity and outside storage. Much of the development to the south
and west of the Spectrum District area is characterized by heavy commercial
and industrial businesses, and the S5 Sub District should provide transition
between these existing uses and the development within the S4 Sub District.
Design guidelines should be established to ensure that future development
provides an aesthetically pleasing view from the planned roadways.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size One (1) acre (43,560 square feet).
b. Minimum Lot Width One hundred feet (100').
c. Minimum Lot Depth Two hundred feet (200').
(2) Size of Yards:
a. Minimum Front Yard Fifty -five feet (55') along Kirby Drive; fifty feet (50')
along Spectrum Drive; twenty feet (20') along all other roadways
b. Minimum Side Yard Twenty -five feet (25')
c. Minimum Rear Yard Twenty -five feet (25')
d. Landscaped Buffer Permitted The landscaped buffer required within the
Spectrum District may be located within the required front yard area.
(d) Exterior Materials Standards: The front facades of all structures facing onto a
thoroughfare or collector shall be a minimum seventy percent (70 masonry, as
defined in Subsection (1) below. The side facades of such structures shall be a
minimum fifty percent (50 masonry. The following materials meet the masonry
requirements within the Spectrum District.
(1) Primary Exterior Materials:
a. The primary exterior materials permitted shall be limited to the following:
1. Brick Masonry
2. Concrete Masonry Units
3. Glass Block
4. Pre -Cast Concrete
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5. Cast Stone (and stone veneer)
6. Tilt -Slab
7. Stucco
8. Wall Panel Systems,
9. Spandrel Wall Systems
(2) Coloration:
a. All coloration of exterior materials shall conform to the Color Chart,
available in the City's Planning Department and according to Section
2.4.5.1 (d) (3).
b. Corporate trademark colors can only be used as accent colors and shall
be limited to a maximum of one percent of the total exterior surface. Such
colors may be applied to subordinate building elements (such as
canopies, subordinate entry forms, and architectural details).
(e) Perimeter Fencing: Perimeter fencing shall be used to provide security and /or visual
separation of sites at individual property lines and shall meet the following
requirements.
(1) Permitted Materials:
a. Solid masonry,
b. Stucco,
c. Wrought iron,
d. Living /landscaped screen,
e. Chain link when such fencing is not visible from any thoroughfare or
collector and when such fencing is visually covered by live landscaping
elements or screened with a living /landscaped screen.
(2) Standards: When a perimeter wall is used as a screening wall, it shall be a
masonry wall.
(3) Prohibited Materials:
a. Barbed wire and similar materials (in quality and appearance),
b. Pre engineered interlocking concrete systems,
c. Wood.
(4) Use Location: Perimeter fences shall not enclose the yard space of any
property between the building and Spectrum Drive or Kirby Drive. Fences
fronting these roads shall not be closer to the street than the building line
adjacent to the applicable street.
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(f)
Screening: Screening shall meet or exceed the following requirements.
(1) Standards:
a. Required Screening walls are required for the following:
1. Service loading dock areas
2. Outside storage
3. Refuse and /or recycling areas and containers
4. Mechanical and utility equipment areas
5. Roof apparatus (including ventilation, HVAC, or other such
equipment), which shall be completely screened from all sides by
screening walls of the same material and color as the main building.
b. Height
1. Detached screening walls shall be a maximum height of eight feet
(8').
2. Attached screening walls shall be a maximum height of fourteen feet
(14').
c. Use Gates for screening enclosures shall be solid metal on a metal
frame, and shall be kept closed when the screened area is not in use.
(2) Materials Characteristics:
a. Materials Screening walls that are attached to the primary structure shall
be constructed of the same finish material as the dominant exterior
material of the primary structure.
b. Detached Screening Areas to be screened (except parking areas) that
are detached from the primary structure:
1. By a distance of more than thirty feet (30') shall be screened with
masonry walls that conform to the masonry material standards of
this Spectrum District.
2. By a distance of more than fifty feet (50') may be screened with an
evergreen landscape screen comprised of plant materials that form
a one hundred percent opaque screen.
c. Parking Area Screening Parking area screening shall be accomplished
with a berm and /or planted edge of evergreen shrubs and trees. Berms
used for parking lot screening shall not exceed four feet (4') in height and
shall have a slope from the street of four feet (4') in height to one foot (1')
in distance (4':1'). The total parking lot edge concealed by drifts of planted
shrubs shall not be less than seventy -five percent (75
d. Roof Mounted Utility Equipment Roof mounted utility equipment shall be
screened with a material that is consistent in color and finish of the
structure upon which the equipment is located.
e. Variation of Screening Walls Required All screening walls that are
twenty feet (20') in length or longer provide some horizontal variation in
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the wall that is equal to at least three feet (3') in depth for every twenty
feet (20') in length
(g) Landscaping Requirements.
(1) Landscape Buffer: The required minimum landscape buffer shall be provided
along the street rights -of -way according to the following:
a. Along Kirby Drive A minimum thirty -foot (30') landscape buffer shall be
provided along the street R.O.W.
b. Along Spectrum Drive A minimum twenty -foot (20') landscape buffer
shall be provided along the street R.O.W.
c. Along State Highway 288 A minimum thirty- five -foot (35') landscape
buffer shall be provided along the street R.O.W.
d. Along Beltway 8 A minimum thirty- five -foot (35') landscape buffer shall
be provided along the street R.O.W.
e. Screening walls and parking areas shall not be located within this
landscape buffer.
f. Retaining walls may be constructed along the perimeter of this landscape
buffer.
(2) Berms: Berms shall only be located within the landscape buffer when they are
used to screen parking areas. In such cases, berms shall have maximum slope
from the street of four feet (4') in height to one foot (1') in distance (4:1).
(3) Retaining Structures: Retaining walls, planter walls, and other retaining
structures shall be constructed of the same material as the primary on -site
structure.
(4) Natural Drainage: Natural drainage patterns shall be maintained where possible.
Grass swales or storm sewer pipes shall be used in landscape areas. Open,
concrete channels or flumes shall not be permitted.
(5) Parking Lot Landscaping:
a. Landscaping Screening
1. The requirements for landscaped areas herein may be met by one
large landscaped area or by smaller landscaped areas throughout
the parking area.
2. Landscaped areas shall be provided at a ratio of twenty -five (25)
square feet per space. Landscape areas shall not be provided such
that areas are only around the perimeter of the parking lot.
3. Landscape islands shall be a minimum of six feet (6') in width and
one hundred and seventy (170) square feet in area, measured by
the inside curb dimension.
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4. The design of landscaping areas shall allow a minimum clearance of
four feet (4') between the front edge of the curb and the trunk of
trees planted within such areas.
5. Parking spaces shall be within one hundred feet (100') from a
landscaped parking island.
6. Parking area landscaping shall be designed with asymmetrical
geometries that lend informality to the overall aesthetic; large
landscape islands with varying geometries are preferred to a
rhythmic pattern of a single small island every few spaces.
7. Parking area screening shall conform to the requirements of
subsection (f)(2)c. of this District.
b. Canopy Trees
1. Canopy trees shall be provided at a ratio of one (1) canopy tree per
three thousand (3,000) square feet of the total parking lot square
footage.
2. Canopy trees shall be planted within the landscaped areas (those
required above). If sufficient space is not available within the
landscaped areas, canopy trees may be located along the parking
lot perimeter.
(6) Street Landscaping: Along the street right -of -way frontage of any parcel and
within the required landscape buffer, one (1) two -inch (2 caliper tree shall be
planted for every fifty feet (50') of frontage. Trees may be clustered together,
however, the number of trees required shall not decrease.
(7) Detention /Retention Facilities: Such facilities shall be incorporated into each
development as an amenity, such as a lake or pond. The term "amenity" is
defined within Chapter 5 of this UDC.
(8) Irrigation: All landscape areas shall be properly irrigated.
(h) Building Layout.
(1) Primary Structures: Primary structures must have their most significant
architectural elements facing the street.
(2) Outside the Required Landscaped Buffer: All structures located within the
Spectrum District shall be located outside of the required landscaped buffer.
(3) Structures With Loading Areas and /or Service Bays:
a. The loading areas and /or service bays of a structure shall be located to
the side of the structure that does not face the roadway, with the following
exception.
b. When any structure with loading areas and /or service bays is on a lot that
consists of an entire block, bays that must face the street must not face
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the more major roadway. Major and minor roadways shall be identified on
the Site Plan for the tract to be developed.
(4) Accessory Structures: Accessory structures shall not be located in the front yard
of any site unless such structures are intended as guard or other security
structure.
(i) Site Access.
(1) Access Within One Site: Adequate access from different areas within a site shall
be provided such that vehicles are not required to enter the street to move from
one area to another on the same site.
(j)
(2) Access From Site -to -Site: Adequate access between sites shall be provided such
that vehicles are not required to enter the street to move from one site to another
site; cross access shall be required.
(3) General: Access shall be provided in accordance with the City's Engineering
Design Criteria Manual.
Parking.
(1) Parking Area Locational Requirements:
a. A ten -foot (10') landscape edge shall be provided between the parking area
and the building. This requirement does not apply to loading /unloading
areas.
b. Parking lots may be constructed within the building setback area, but shall
not be constructed within the landscape buffer.
c. Parking structures shall not be constructed within the building setback area
or within the landscape buffer.
(2) General: Parking shall be provided in conformance with Chapter 2, Article 5,
Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(k) Sidewalks. Sidewalks and pedestrian access shall be required for the development of
all lots within the Spectrum District, and shall meet the requirements of Chapter 3,
Article 2, Division 7 of this UDC.
(1) Easement Required: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of a public right -of -way.
This easement may be within the required landscaped buffer.
(2) Curved Alignment Required: The required sidewalk shall have a curved
alignment for at least eighty percent (80 of the State Highway 288 frontage.
Sidewalks on intersecting streets shall not have a curved alignment unless
approved by the City Engineer.
(3) Construction Criteria: Construction criteria for the required sidewalk:
a. Minimum six feet (6') wide.
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b. Minimum eight -foot (80') centerline radius, maximum intersection angle of
twenty (20) degrees, and maximum twenty -foot (20') foot tangent
between sidewalk curves.
c. Minimum six -foot (6') separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d. Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e. Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk.
f. Deviations from these criteria may be approved by the City Engineer for
good cause such as cases of unusual or unique topography or to
preserve desirable natural features.
(4) Connection to the Building: A minimum six -foot (6') wide pedestrian sidewalk
shall connect the perimeter sidewalk to the building entry. The connecting
sidewalk shall be accessible, readily visible, and paved.
(I) Lighting.
(1) Uniformity: Standards, poles, and fixtures shall be a single color, uniform in
design throughout the site. When development is adjacent to Kirby Drive
and /or Spectrum Drive, lighting shall be uniform along the roadway(s).
(2) Prohibited Poles: Wooden poles are prohibited, except on a temporary basis
during development construction and only until a Certificate of Occupancy is
issued.
(3) Height: Standards, poles, and fixtures shall be no taller than the height of the
building being served.
(4) Walkway Lighting: Walkway lighting comprised of standard, pole, bollard and
wall- mounted fixtures shall be no greater than twelve feet (12') above grade.
(5) Accent Lighting:
a. Uplighting shall be concealed or positioned to screen the light source
from adjacent property.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
(m) Building Design.
(1) Building Form: All portions of a structure shall have a unified design treatment.
For example, a structure with an office portion and a warehousing portion
should be consistently designed such that the office portion is not visibly
different on the exterior of the structure.
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(2) Roof Form:
a. Roof -to -Wall Connections
1. Roof -to -wall connections that replicate the qualities of residential
or smaller scale construction are not permitted; therefore,
residentially scaled overhangs and soffits are not permitted.
2. Flat roofs shall be concealed with a solid parapet. Building walls
capped with a gravel stop are not permitted.
b. Prohibited Exterior Treatment No roof shingles are permitted (concrete,
slate, asphalt, wood, asbestos, or clay) except for retail uses where such
roofing is part of a.corporate or thematic design.
(3) Definition of Building Entrances:
a. Recesses, Protected Doorway The door for public access in to the
structure shall be architecturally projected (or recessed) from the
structure within an architectural expression of entry. The architectural
variation shall conform with the guidelines set forth in Section 2.4.5.1 (d)
(1) b.
b. Coordinated With Landscaping All public entries into the structure must
bear a relationship to the landscape development of the site. Pathways
leading to the entry must be articulated within the landscape design,
through the use of such devices as a widened pathway with accent
planting, a plaza, or a water feature.
c. Pedestrian Relationship Architectural devices such as decorative
paving, banners, flags, sculptures, decorative walls, or other special
architectural details of the building meant for the close view of the entry
participant shall be used to enhance entrances.
(n) Retail Arcades /Canopies: Retail uses shall provide pedestrian arcades or canopies
in front of retail structures.
(1) Arcades Arcades shall:
a. Have a minimum dept of ten feet (10'),
b. Be supported by masonry columns clad with the same material as the
dominant exterior material of the retail use behind, and
c. Be an extension of the architectural character of the retail spaces by
having architectural tie ins such as bands, opening articulation, and /or
rhythmic modulation of openings.
(2) Canopies Canopies may be provided in lieu of arcades if the canopy
maintains a pitched or curved roof form, has the same depth dimension as an
arcade, and is supported by masonry supports clad with the dominant exterior
material of the retail use.
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(o) Glass. Windows and other wall openings must be defined by function and structure
and must be consistent in form, pattern, articulation, and color.
(1) Reflective glass shall not be permitted; glass shall not have a reflectivity that
exceeds twenty -seven percent (27
(2) Glass shall have a character of transparency. Tinted glass may be used,
however, the tinting shall not reduce the light transmission to less than thirty -five
percent (35
(p) Signage.
(1) General Standards: The following standards shall apply to all signs.
a. Permitted Signs
a.
b.
c.
d.
1. On- Premise
identification
2. On- Premise
identification
Ground Signs, for
Building Signs, for
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the purpose of business
the purpose of business
3. On -Site Directional Signs
4. On -Site Information Signs
b. Prohibited Signs
1. Roof mounted signs
2. Signs extending above a roofline or parapet wall
3. Signs attached to exterior glass
c. Unified Design Signs within one development shall conform to a unified
design.
(2) Ground Sign Standards:
One (1) ground sign shall be permitted for each site.
Sites with multiple street frontage shall be permitted one (1) sign per
street frontage.
Signs shall be constructed of the same material as the site /building
identified;
Signs shall be surrounded by a landscape bed(s) that extend a minimum
of three feet (3') from the base of the ground sign structure
(3) Building Signs:
a. The total area of all building signs on the front facade of a structure shall
be equal to a maximum of thirty percent (30 of the total front facade
area.
b. The total area of all building signs on facades other than the front facade
(i.e., back and side facades) shall be equal to a maximum of 15% of the
total front facade area.
(q) Special Requirements by Sub District.
(1) Height: Permitted heights within the Spectrum District are as follows:
a. District S1, The Beltway District Maximum of ten (10) stories
b. District S2, The Mixed Use District Maximum of six (6) stories
c. District S3, The Mixed Use —High Density Residential District
1. Maximum of six (6) stories for structures with nonresidential uses
only
2. Minimum of four (4) stories for structures with a mixture of
residential and nonresidential uses
d. District S4, The Light Industrial and Science Technology District
Maximum of four (4) stories
e. District S5, The Licht Heavy Industrial District Maximum of four (4)
stories
(2) Outside Storage: Outside storage is permitted within the S -4 Sub District and the
S -5 Sub District, and shall be screened in accordance with the requirements of
Subsection (f) of this Spectrum District.
(3) Residential Uses: Residential uses are permitted within the S3 Sub District with
the following requirements.
a. Setbacks There shall be no front yard setback; the width of the required
sidewalk (see below) shall provide adequate setback.
b. Sidewalk— A sidewalk that is a minimum of eight feet (8') in width shall be
provided along all street rights -of -way.
c. Mixed Uses Required Residential uses are permitted only as a
component of a mixed use structure, wherein retail and /or office uses are
located on the first and /or second floor of the structure.
d. Common Open Space /Density Shall comply with the open
space /density requirements of the Multi Family District (MF).
(4) Science Technology Related Uses Landscaping: All structures used for
science, technology, and /or industrial buildings shall be required to have
landscaping elements incorporated around a minimum of thirty percent (30 of
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the perimeter; this calculation shall be made exclusive of loading areas not
visible from a roadway.
(r) Utilities. All utility service lines shall be located underground. Above ground lines
are allowed only upon a determination made by the Planning Director that they will
be adequately screened or obscured from view and that underground placement is
not desirable.
(s) Cumulative, Conflicts. All standards set forth herein are cumulative in nature.
Where properties contain more than one use, the requirements for each use shall be
met. In areas where requirements set forth in existing Codes of the City of Pearland
and /or in other regulations within this UDC and the requirements set forth within this
Section 2.4.3.1 are in conflict, the more extensive /restrictive requirements shall be
met.
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Section 2.4.3.2 C -MU, Cullen -Mixed Use District
(a) Purpose. The Cullen Mixed Use District (C -MU) is intended to provide a district that
allows for the continuation and limited growth of specific nonresidential land uses
that have been in existence along Cullen Boulevard for a long period of time, while
also respecting the residential uses that have developed and now co -exist with the
nonresidential uses.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations for Residential Uses.
(1) Size of Lots:
a. Minimum Lot Area Seven thousand (7,000) square feet
b. Minimum Lot Width Seventy feet (70')
c. Minimum Lot Depth One hundred feet (100')
d. Maximum Lot Coverage Sixty percent (60 but may be permitted
seventy percent (70 with a variance from the ZBA.
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Interior Lot: Seven feet and six inches (7' -6
2. Corner Lot: Twenty -five feet (25') when abutting a street right -of-
way.
3. Every part of a required side yard shall be open and unobstructed
except for accessory buildings, as permitted herein, and the
ordinary projections of window sills, belt courses, cornices and other
architectural features projecting shall not exceed twelve inches (12
into the required side yard, and roof eaves projecting shall not
exceed twenty -four inches (24 into the required side yard, except
that no projections shall be permitted closer than twelve inches (12
to a common property line.
c. Minimum Rear Yard Twenty feet (20')
(d) Area Regulations for Non Residential Uses.
(1) Size of Lots:
a. Minimum Lot Size Twenty -two thousand and five hundred (22,500)
square feet in area.
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b. Minimum Lot Width One hundred and fifty feet (150').
c. Minimum Lot Depth One hundred and twenty -five feet (125').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Twenty -five feet (25') if side yard abuts a residential zoning district.
c. Minimum Rear Yard Twenty -five feet (25')
(e)Height Restrictions. No building shall exceed thirty -five feet (35') in height, except
as may be allowed by CUP.
(f) Nonresidential Use Regulations. All on -site business conducted in association
with a nonresidential use, including any permitted expansion thereof, shall be
conducted within a fully enclosed building
(g)Residential Adjacency Considerations:
(1) Screening Standards: Adequate screening shall be provided between
nonresidential and residential uses. It shall be the responsibility of the later
established use to provide and maintain such screening (e.g., if a residential
use is established adjacent to an existing nonresidential use, the residential
use shall be responsible for providing and maintaining screening). Screening
elements shall consist of the following, including a combination thereof:
a. Landscape Elements Landscape elements permitted shall consist of
shrubbery having year -round foliage:
1. That is at least seventy -five percent (75 opaque; and
2. That is a minimum of six feet (6') in height; and
3. That is a maximum of eight feet (8') in height; and
4. That is not located within any required visibility triangle.
b. Built Elements Built elements permitted shall consist of a masonry wall:
1. That is at least seventy -five percent (75 opaque; and
2. That is a minimum of six feet (6') in height; and
3. That is a maximum of eight feet in height; and
4. That is not located within any required visibility triangle; and
5. That is not constructed with any of the following materials: surface
painted or coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, or fiberglass panels.
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(2) Outside Storage: Outside storage (refer to Definitions, Chapter 5 of this UDC)
shall be prohibited unless otherwise permitted by CUP.
(h) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
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Section 2.4.3.3 G /O -MU, Garden /O'Day -Mixed Use District
(a) Purpose. The Garden /O -Day Mixed Use District (G /O -MU) is intended to provide a
district that allows for the continuation of specific nonresidential land uses that have
been in existence along Garden Road and O'Day Road for a long period of time,
while also respecting the residential uses that have developed and now co -exist with
the nonresidential uses. This district is also intended to help preserve the stability of
neighborhoods adjacent to the G /O -MU District boundaries.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2;
(3) Upon the granting of an Industrial Use CUP pursuant to (i) below, permitted
uses as authorized in the Land Use Matrix for M -1 or M -2 districts.
(c) Area Regulations for Residential Uses.
(1) Size of Lots:
a. Minimum Lot Area Six thousand (6,000) square feet
b. Minimum Lot Width Sixty feet (60')
c. Minimum Lot Depth One hundred feet (100')
d. Maximum Lot Coverage Sixty percent (60 but may be permitted
seventy percent (70 with a variance from the ZBA.
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Interior Lot: Seven feet and six inches (7' -6
2. Corner Lot: Equal to the front yard when abutting a street right -of-
way.
3. Every part of a required side yard shall be open and unobstructed
except for accessory buildings, as permitted herein, and the
ordinary projections of window sills, belt courses, cornices and other
architectural features projecting shall not exceed twelve inches (12
into the required side yard, and roof eaves projecting shall not
exceed twenty -four inches (24 into the required side yard, except
that no projections shall be permitted closer than twelve inches (12
to a common property line.
c. Minimum Rear Yard Twenty feet (20')
(d) Area Regulations for Non Residential Uses.
(1) Size of Lots:
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a. Minimum Lot Size
square feet in area.
b. Minimum Lot Width
Twenty -two thousand and five hundred (22,500)
One hundred and fifty feet (150').
One hundred and twenty -five feet (125').
c. Minimum Lot Depth
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Twenty -five feet (25') if side yard abuts a residential zoning district.
c. Minimum Rear Yard Twenty -five feet (25')
(e) Height Restrictions. No building shall exceed thirty -five feet (35') in height.
(f) Nonresidential Use Locations.
(1) Nonresidential uses shall be located on lots that have frontage on Garden
Road or O'Day Road.
(2) All on -site business conducted in association with a nonresidential use,
including any permitted expansion thereof, shall be conducted within a fully
enclosed building.
(3) Parking areas shall not be located directly adjacent to any adjoining residential
use(s), regardless of the establishment of screening in conformance with (g)(1)
below. If parking is located on the side of a lot that is adjoining a residential
use(s), the parking area shall be set back from the screening mechanism by a
minimum of fifteen feet (15').
(g) Residential Adjacency Considerations:
(1) Screening Standards: Adequate screening shall be provided between
nonresidential and residential uses. It shall be the responsibility of the later
established use to provide and maintain such screening (e.g., if a residential
use is established adjacent to an existing nonresidential use, the residential
use shall be responsible for providing and maintaining screening). Screening
elements shall consist of the following, including a combination thereof:
a. Landscape Elements Landscape elements permitted shall consist of
shrubbery having year -round foliage:
1. That is at least seventy -five percent (75 opaque; and
2. That is a minimum of six feet (6') in height; and
3. That is a maximum of eight feet (8') in height; and
4. That is not located within any required visibility triangle.
b. Built Elements Built elements permitted shall consist of a masonry wall:
1. That is at least seventy -five percent (75 opaque; and
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2. That is a minimum of six feet (6') in height; and
3. That is a maximum of eight feet in height; and
4. That is not located within any required visibility triangle; and
5. That is not constructed with any of the following materials: surface
painted or coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, or fiberglass panels.
(2) Outside Storage: Outside storage (refer to Definitions, Chapter 5 of this UDC)
shall be prohibited unless otherwise permitted by CUP.
(h) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(i) Industrial Use CUP.
(1) Eligibility. Properties located on Garden Road or O'Day Road that were
formerly zoned Light Industrial District (M -1) or Heavy Industrial District (M -2)
and which were rezoned to Garden /O -Day Mixed Use District (G /O -MU) when
the UDC was adopted in 2006, are eligible to seek one of two Industrial Use
CUPs, either an M -1 CUP or an M -2 CUP, based upon the properties' previous
zoning.
(2) Effect.
a. The M -1 CUP would add all permitted uses allowed in the M -1 zoning
district as listed in the Land Use Matrix in addition to the permitted uses
for the underlying G /O -MU zoning. Uses listed as conditional uses for the
M -1 district would require a separate CUP to authorize.
b. The M -2 CUP would add all permitted uses allowed in the M -2 zoning
district as listed in the Land Use Matrix in addition to the permitted uses
for the underlying G /O -MU zoning. Uses listed as conditional uses for the
M -2 district would require a separate CUP to authorize.
(3) Applicable requirements. The zoning district regulations applicable to a
property zoned G /O -MU with an Industrial Use CUP shall be determined by the
primary use of said property. If the primary use is a G /O -MU use, then the
regulations for the G /O -MU district shall apply. If the primary use is an M -1 or
M -2 use, then the regulations for the appropriate industrial district shall apply.
If the use is permitted in both the G /O -MU district and the industrial district,
then the less restrictive regulations shall apply.
(4) Expiration. The abandonment and expiration provisions of Section 2.2.3.5 shall
not apply to any Industrial Use CUP.
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Section 2.4.3.4 OT, Old Townsite District
(a) Purpose. The purpose of the Old Townsite District (OT) is to:
(1) Promote good building and streetscape design.
(2) Reinforce existing land use patterns and character.
(3) Categorize area into zoning districts as per the UDC with modifications.
(4) Promote downtown as a walkable, pedestrian friendly district.
(5) Promote multiple types of development and uses.
(6) Set forth general provisions and architectural regulations to ensure quality
of streetscape and building construction.
(7) Allow reduced parking ratios, shared parking and flexibility to encourage
re -use of existing buildings.
(8) Allow flexibility in building codes and fagade requirements to encourage
relocation and re -use of existing buildings.
(9) Emphasize mixed uses and focus on the streetscape and public spaces
to create pedestrian friendly mixed -use developments.
(b) Proposed Zoning Districts. The OT is comprised of three zoning districts Old
Townsite General Business District (OT -GB), Old Townsite Single Family Dwelling
District (OT -R), and Old Townsite Mixed Use District (OT -MU).
(1) Old Townsite General Business District (OT -GB)
a. Development Standards. All development standards of the General
Business District (GB), Section 2.4.4.4 of the UDC shall apply, with the
following exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: For yards abutting Main Street and /or Broadway
Street required front yard shall be determined by the existing street right
of way. The minimum front yard required shall be such that the front
setback line is at a distance of sixty feet (60') from the centerline of
Broadway and /or Main Street. Zero feet (0') for yards abutting Main
Street and /or Broadway Street with one hundred and twenty feet (120')
right of way. Twenty -five feet (25') along other streets.
Minimum Rear Yard: Twenty feet (20'); Twenty -five feet (25') if abutting a
residential zoning district; seven and a half feet (7.5') if abutting an alley.
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
Maximum Height: None.
Permitted Uses. Permitted and conditional uses as authorized in the
Land Use Matrix in Article 5, Division 2 of this chapter, with the following
exceptions:
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Commercial uses permitted on all floors, but required on first floor
even for parking structures unless institutional governmental
uses are proposed.
Residential on upper floors allowed by a Conditional Use Permit
(CUP).
Institutional governmental uses permitted with City's approval by
a CUP.
c. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with Section 2.5.3.1 of the UDC with the following
exceptions:
Minimum Front Setback Accessory building shall be located
behind the front building setback line established by the primary
building.
Minimum Side Setback Five feet (5').
Minimum Rear Setback Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
d. Primary Building Street Fagade. At least seventy five percent (75 of
street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less than one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty -five feet (25') wide
driveway to access the rear of the property.
e. Projecting Fagade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approvals from the City
and in conformance with Development Guidelines specified below under
Section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
f. Outdoor Seating. Outdoor seating for restaurants, may be permitted,
as accessory and adjacent to the principal building, on sidewalks and
public ROW along City streets, as long as a minimum of three feet (3')
wide clear passageway is provided for pedestrians and subject to an
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approval of a Conditional Use Permit (CUP). TXDOT approval shall be
required for state roads.
g. Parking. Off street parking shall be subject to the following:
1. No parking shall be permitted in the front yard.
2. Non residential uses in existing structures may be permitted to
reduce by 50% the number of parking spaces required by the
UDC for that use. The number of parking spaces may be reduced
even further as determined by a traffic report and approved by the
City of Pearland. All new additions, and existing and new multi-
family uses, shall meet the parking requirements in chapter 4 of
the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as
the total number of parking spaces meet the requirements of
subsection 2 above for each use and all parking spaces as
required under subsection 2 above are located within five hundred
(500') of the building.
4. Stacked parking (parallel parking without the access aisle) for up
to 3 cars shall be permitted for existing residential uses being
converted to other non residential use and where the converted
area does not exceed six hundred square feet (600 sq. ft.) of floor
area.
A stacking space shall be an area measuring eight feet (8') by
twenty feet (20').
(2) Old Townsite Residential District (OT -R)
a. Development Standards. All development standards of the Single
Family Dwelling District (R -4), Section 2.4.2.8 of the UDC shall apply, with
the following exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Twenty feet (20').
Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if
abutting an alley.
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
b. Permitted Uses. Permitted and conditional uses as authorized in the
Land Use Matrix in Article 5, Division 2 of this chapter.
c. Common Open Space Required. Common open space, as defined in
section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and
multi family developments and shall meet the following requirements:
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In all areas where Multi- Family Dwelling units are constructed, there shall
be at least four hundred (400) square feet of common open space per
dwelling unit. Each common open space shall be within three hundred
(300) feet of all dwelling units it is intended to serve measured along a
route of pedestrian access. Each required common open space shall be
appropriately graded, turfed, surfaced or otherwise landscaped and
provided with suitable drainage facilities. Facilities, such as pedestrian
ways and swimming pools, may be counted toward the required common
open space. Off street parking areas, service drives, and detention
facilities shall not be included in any calculation of required open space.
Minimum dimension of any common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with the requirements of Chapter 2.5.3.1 of the
UDC with the following exceptions:
e. Primary Building Street Fagade. At least seventy five percent (75
of street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under Section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less than one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty -five feet (25') wide
driveway to access the rear of the property.
f. Projecting Fagade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with appropriate approval from the City
and in conformance with Development Guidelines specified below under
section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
Outdoor Seating. Outdoor seating for restaurants, shall be permitted,
as accessory and adjacent to the building, on sidewalks and public ROW
along City streets, as long as a minimum of three feet (3') wide clear
g.
Minimum Front Setback Seventy -five feet (75').
Minimum Side Setback Three feet (3').
Minimum Rear Setback Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
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passageway is provided for pedestrians and subject to an approval of a
Conditional Use Permit (CUP). TXDOT approval shall be required for
state roads.
h. Parking. Off street parking shall be subject to the following:
1. No parking shall be permitted in the in the front yard.
2. Non residential uses in existing structures may be permitted to
reduce by fifty percent (50 the number of parking spaces required
by the UDC for that use. The number of parking spaces may be
reduced even further as determined by a traffic report and approved
by the City of Pearland. All new additions, and existing and new
multi family uses, shall meet the parking requirements in chapter 4
of the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as the
total number of parking spaces meet the requirements of subsection
2 above for each use and all parking spaces as required under
subsection 2 above are located within five hundred (500') of the
building.
4. Stacked parking for up to 3 cars shall be permitted for existing
residential uses being converted to other non residential use and
where the converted area does not exceed six hundred square feet
(600 sq. ft.) of floor area. A stacking space shall be an area
measuring eight feet (8') by twenty feet (20').
(3) Old Townsite Mixed Use District (OT -MU)
a. Development Standards. All development standards of the General
Business District (GB) of the UDC shall apply, with the following
exceptions:
Minimum Lot Area: Three thousand square feet (3000 sq. ft.)
Minimum Front Yard: Zero feet (0').
Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if
abutting an alley.
Minimum Side Yard: Five feet (5') for detached structures; 0 feet for
attached structures
Minimum Lot Width: Fifty feet (50')
Reconstruction or development on narrower lots shall be allowed if the lot
was in existence in its current configuration and under separate
ownership from adjoining lots on or before July 10, 2006 (date of adoption
of this ordinance).
Maximum Height: Forty feet (40') or 3 stories, whichever is lesser.
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b. Permitted Uses. Permitted and conditional uses as authorized in the
Land Use Matrix in Article 5, Division 2 of this chapter, and accessory
uses as authorized in Article 5, Division 3 of this chapter.
c. Common Open Space Required. Common open space, as defined in
section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and
multi family developments and shall meet the following requirements:
In all areas where Multi Family Dwelling units are constructed, there shall
be at least four hundred (400) square feet of common open space per
dwelling unit. Each common open space shall be within three hundred
(300) feet of all dwelling units it is intended to serve measured along a
route of pedestrian access. Each required common open space shall be
appropriately graded, turfed, surfaced or otherwise landscaped and
provided with suitable drainage facilities. Facilities, such as pedestrian
ways and swimming pools, may be counted toward the required common
open space. Off street parking areas, service drives, and detention
facilities shall not be included in any calculation of required open space.
Minimum dimension of any common open space shall be forty feet (40').
d. Accessory buildings in Old Townsite. All accessory buildings in Old
Townsite shall comply with the requirements of section 2.5.3.1 the UDC
with the following exceptions:
Minimum Front Setback Accessory building shall be located
behind front building setback line established by the principal
building.
Minimum Side Setback Three feet (3').
Minimum Rear Setback Seven and a half feet (7.5') if located
along an alley, twenty feet (20') if no alley.
Additional dwelling unit (one) and home occupation (as defined in
UDC in an accessory structure shall be permitted.
Accessory structures shall not be larger than 660 sq.ft. (footprint)
or exceed two stories or 24 feet in height, whichever is less.
e. Primary Building Street Fagade. At least seventy five percent (75
of street facade must be constructed to front building line. At least 50% of
street facade must be constructed to front building line if wider sidewalks
(than that required under Section 3.2.11.1) or courtyard spaces are
provided along the street.
For lots with less that one hundred feet (100') wide frontage this
percentage may be reduced to allow a twenty -five feet (25') wide
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driveway to access the rear of the property. feet (25') wide driveway to
access the rear of the property.
f. Projecting Fagade Elements. Awnings, canopies, balconies,
colonnades, arcades, bay windows, stoops and front porches may be
permitted in City's right of way with approval from City staff and in
conformance with Development Guidelines specified below under section
2.4.3.4 (c) 5. Approval from Texas Department of Transportation
(TXDOT) shall be required for elements along state roads.
Outdoor Seating. Outdoor seating for restaurants, shall be permitted,
as accessory and adjacent to the building, on sidewalks and public ROW
along City streets, as long as a minimum of three feet (3') wide clear
passageway is provided for pedestrians and subject to an approval of a
Conditional Use Permit (CUP). TXDOT approval shall be required for
state roads.
g•
h. Parking. Off street parking shall be subject to the following:
1. No parking shall be permitted in the in the front yard.
2.. Non residential uses in existing structures may be permitted to
provide 50% of parking spaces required by the UDC for that use.
The number of parking spaces may be reduced even further as
determined by a traffic report and approved by the City of Pearland.
All new additions, and existing and new multi family uses, shall
meet parking the requirements of the UDC, unless specified herein.
3. Shared parking between properties shall be permitted as long as the
total number of parking spaces meet the requirements of subsection
2 above for each use and all parking spaces as required under
subsection 2 above are located within five hundred (500') of the
building.
4. Stacked parking for up to 3 cars shall be permitted for existing
residential uses being converted to other non residential use and
where the converted area does not exceed six hundred square feet
(600 sq. ft.) of floor area. A stacking space shall be an area
measuring eight feet (8') by twenty feet (20').
(c) Development Requirements
All development requirements specified in the UDC will apply, with the following
additional requirements and exceptions:
1. Drive -Thru Facilities. New drive -thru windows should not be located on
the fagade facing the primary streetscapes.
Drive -thru facilities shall not hinder pedestrian flow or adjacent buildings and their
functions.
2. Utilities.
a. For new building construction and significant building renovation (of over fifty
percent of the value of the existing building and improvements) all utilities
within the property shall be required to be underground, unless:
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1. The utility is required to be above ground to operate properly, or
2. All above ground lines are located in the rear or other areas of the
property where they are not prominently visible from the front of the
property or any roadway, and all poles are wholly obscured, as
determined by the Planning Director.
b. Location of above ground utility equipment shall avoid conflict with pedestrian
movement and visually shield the equipment.
3. Building Elevations.
Rear facing buildings and loading docks are prohibited on street facades for the
following streets Main, Broadway, Grand, Orange, Mykawa, Walnut, and
Galveston.
4. Concealed Equipment. All equipment shall be located in rear yards or
otherwise screened. Equipment shall include AC compressors and window and
wall units, electric and utility meters and boxes, irrigation and pump pools,
permanent barbecues, satellite dish antennas less than forty eight inches in (48
in height or diameter, loading docks, service areas, trash disposal facilities and
backflow devices. Antennas over forty -eight inches (48 shall require a CUP.
5. Projecting Facade Elements. Projecting facade elements include
awnings, canopies, balconies, colonnades and arcades. These shall be
permitted on city streets after approval by the City and on TX DOT ROW, if
permitted by TXDOT and approved by City. The following requirements shall
apply:
a. Not to project closer than two feet (2') to the curb.
b. Eight feet (8') minimum clearance between sidewalk and bottom of
awning or canopy; ten feet (10') minimum clearance between sidewalk
and bottom of balconies, colonnades and arcades.
c. May project in public ROW if approved by the City.
d. Eight feet (8') minimum depth of sidewalk from building face to the inside
column of colonnade or arcade.
e. Minimum two feet (2') between outer column face of colonnade or arcade
and curb.
6. Facade Regulations.Shall meet all requirements of the UDC, except that wood
and hardy plank will be permitted for facades.
7. Transparency Requirements. For non residential facades facing public
street, park, plaza or public space a minimum of fifteen percent (15 of overall
facade must be transparent. For non residential, a minimum of twenty five
percent (25 of facade wall area is required to have store front windows on
ground floor.
For residential buildings (both single family and multi family) a minimum of 15%
of facade is required to comprise of window area.
A lesser percentage of transparency for overall facade or store front windows for
all buildings may be permitted by a CUP.
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Remodeling or repair of existing buildings may be exempt from these
requirements. Any new addition or construction shall be required to comply with
these requirements.
8. Windows, Skylights and Doors. Windows, skylights and doors shall be
oriented vertically for facades facing public areas including streets.
9. Signs. The following regulations shall be applicable to signs in the Old Townsite
district:
a. The total area of all wall and freestanding signs shall not exceed 2 square
feet per linear foot of building frontage, up to a maximum of 200 sq. ft.
Maximum area of all ground signs shall not exceed 75 sq. ft. All other
requirements of the UDC regarding signage shall be applicable.
b. Projecting signs and awning signs shall be permitted in addition to wall
signs upon approval by the City. Projecting signs shall have a minimum
of eight (8) feet clearance above finished grade. Projections shall not be
allowed on City right -of -way. All other requirements of the UDC regarding
signage shall be applicable.
c. A freestanding or monument sign shall have landscaping around its base.
d. Signs shall be constructed and /or finished using the following materials:
Painted metal, or prefinished aluminum.
i. Cold cathode tube (neon) or illumination by LED replica, limited to
the face of the sign.
Carved relief in stone, cast stone or brick.
iv. Wood or carved wood which is painted or sealed.
v. Any sign made of other materials not mentioned may be proposed
for consideration and approved for usage on a one -on -one basis
under a Conditional Use Permit (CUP).
e. All sign components, including support structures, shall comply with the
City of Pearland color palette approved specifically for the Old Townsite
district, a copy of which shall be available in the City's Planning Office
and is attached hereto as Appendix B.
f. A business that is affiliated with an entity that has a logo that is
recognized on a regional, national, or international basis, as determined
by the Planning Director, may use said logo in its signage without regard
to the color palette, so long as the logo is limited to less than four square
feet in size.
g. A -frame or sandwich board signs shall be allowed with the following
restrictions:
No more than one shall be allowed per business, it shall be placed
such that a minimum of four feet of clear sidewalk shall be
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maintained at all times, and shall be sufficiently weighted or
anchored to prevent movement by wind or other elements.
No such sign shall exceed eight square feet per face or four feet in
height. The entire sign structure shall be included in the total sign
area.
Such signs are displayed only during the hours that the
establishment is open for business.
h. Awning signs shall be allowed, and the maximum height of letters,
graphic, and logos thereon shall be twelve inches.
Attached marquee signs shall be allowed with the following restrictions:
No more than one shall be allowed per business.
No such sign shall exceed six feet in height or thirty -two square
feet in sign area.
10. Outdoor Activities or Uses. No outdoor commercial activities or uses shall be
permitted in any OTS District without a temporary permit issued by the City's
Building Official pursuant to the City Building Code, unless expressly authorized
herein.
a. Outdoor Display and Outdoor Seating. Outdoor display and outdoor
seating in all districts within the Old Townsite may be permitted by a
CUP.
b. Outdoor storage, as defined by Section 5.1.1.1., is allowed only upon
obtaining a CUP and providing screening pursuant to Section 4.2.4.1
(d). In no case shall outdoor storage be permitted along any yard that
abuts any street or public right -of -way that is greater than twenty feet
(20') in width.
11. Building and roof colors shall comply with the color palette described in this
section. This shall include all portions of the building, including without limitation
window /door trim, fascia, and soffit.
(d) Development Recommendations
1. Mixed Use Development. Mixed uses are encouraged on each block. Active
uses such as shopping or dining are encouraged on street.
2. Accentuate Primary Entrance. Accentuate primary entrance (for both existing
and new buildings) with architecture features such as:
o Art
o Breaking the building's rhythm
o Detail work
o Lighting
o Projecting facade elements
o Recessed entries
o Signage
o Shelter pedestrian as they enter and exit.
o Well lit entrances.
3. Response to Human Scale: Developments are encouraged to address the scale
of pedestrian, and create active storefronts by using lights, quality materials, and
creative displays. Encourage lower floors to be architecturally different from but
still compatible with the upper floors through level of detail and design.
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(f)
(e) Relaxation of Building Codes. To encourage re -use, rehabilitation of existing
buildings (built prior to adoption of this ordinance) and relocation of buildings into the
area the Building Official may approve relaxation of certain building codes as per the
guidelines adopted by the City. (Guidelines to be adopted by the City)
Non conforming Buildings. Buildings constructed prior to the adoption of this
ordinance (if removed or destroyed due to any cause) can be rebuilt on either the
existing footprint or per this ordinance. Buildings constructed after the adoption of this
ordinance will be required to comply with this ordinance.
Street Amenities. The City will formulate a streetscape plan as per the
recommendations of the Old Townsite Plan. (This plan needs to be adopted). Once the
standards have been adopted the property owner will be responsible for installation of
street furniture (lights, benches, signs, tree lighting, etc.) when the property is
developed. The streetscape guidelines may include street amenities, pedestrian
lighting, street furniture, public art and signage.
(h) Unless specified herein under Section 2.4.3.4, all other requirements of the UDC will
apply.
(g)
4. Alleys and Side Streets. Alleys and side streets are encouraged to be the
primary access for parking lots and loading docks behind the building.
5. Landscape Features Permitted with City's Approval. (Need to determine the
official /board or staff responsible)
a. Flowerpots in street scape.
b. Hanging baskets in new light poles.
c. Store owners to have option of creating planting beds.
d. City to work with property owners to place landscape features in
appropriate places.
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Section 2.4.4.1 Residential Retail Nodes
(a) Purpose. Residential Retail Nodes are intended to provide limited retail and personal
service operations for customers from immediate residential neighborhoods only.
These nodes, at specific locations recommended by the Future Land Use Plan, and
targeted to approximately five (5) acres, should be designed in a manner that does
not adversely affect the neighborhood character, have minimum impact on
surroundings, and preserve the stability of neighborhoods adjacent to the Residential
Retail Nodes.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article 5,
Division 2, Chapter 2.
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twelve thousand and five hundred (12,500) square feet.
b. Minimum Lot Width One hundred feet (100').
c. Minimum Lot Depth One hundred feet (100').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard Ten feet (10')
c. Minimum Rear Yard Ten feet (10')
(d) Height Restrictions _Height of building will be restricted by the setbacks from
property line adjoining residential zones or uses as shown in Figure 2 -1 (b) and shall
not exceed thirty -five feet (35').
(e) Nonresidential Use Locations.
(1) Nonresidential uses shall be located on lots that have frontage on a collector or
thoroughfare.
(2) All on -site business conducted in association with a nonresidential use, including
any permitted expansion thereof, shall be conducted within a fully enclosed
building.
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(f)
(i)
(j)
Residential Adjacency Considerations:
(1) Screening Standards: Adequate screening shall be provided between
nonresidential and residential uses and zones. It shall be the responsibility of the
non residential use to provide and maintain such screening. Screening elements
shall consist of all of the following:
a. Buffer There shall be a twenty -five foot (25') wide landscaped buffer along
the property line that is adjacent to residential use or district. The landscaped
buffer shall remain open and unobstructed (i.e., no parking, driveways, or
other use of the buffer area), and shall be planted with ground cover, shrubs
and trees as per (b) below. This landscaped buffer may be located with the
required yard /setback area.
b. Landscape Elements Landscape elements permitted shall consist of
shrubbery having year -round foliage:
1. That is at least seventy -five percent (75 opaque; and
2. That is a minimum of six feet (6') in height at planting; and
3. That is a maximum of eight feet (8') in height; and
4. That is not located within any required visibility triangle.
c. Built Elements Built elements permitted shall consist of a masonry wall:
1. That is one hundred percent (100 opaque; and
2. That is a minimum of six feet (6') in height; and
3. That is a maximum of eight feet in height; and
4. That is not located within any required visibility triangle; and
5. That is not constructed with any of the following materials: surface
painted or coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, or fiberglass panels.
(h) Outside Storage _Outside storage (refer to Definitions, Chapter 5 of this UDC) shall
be prohibited unless otherwise permitted by CUP.
Outside Uses and Activities. All on -site business conducted in association with a
nonresidential use, including any permitted expansion thereof, shall be conducted
within a fully enclosed building. Outdoor seating for restaurants and cafes and
similar uses shall be permitted by a CUP.
Parking Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC. However, total
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number of parking spaces should not exceed 75% of that required by Chapter 4,
Article 2, Division 1. The remaining 25% of required parking area shall be
maintained as landscaped open space and developed as parking if required by the
city at a later date.
(k) Outdoor lighting. Outdoor lighting shall not create conflict with the reasonable use
and enjoyment of adjoining property. The fixtures shall be shielded in such a manner
that light rays emitted by the fixture either directly from the lamp or indirectly from the
fixture, are projected below a horizontal plane running through the lowest point on
the fixture where light is emitted. The height of lighting and all mounting structures
shall not exceed the height of the building or twenty feet (20'), whichever is less.
(1)
Other considerations.
(1) Distance from other existing, designated or proposed non residential uses, zones
pr nodes along local, collector or thoroughfare streets.
(2) Existence or provision of pedestrian access, including but not limited to
walkways, bikeways, trails, and traffic controls, to promote safe pedestrian
friendly access and environment.
(3) Submittal of a site plan showing the layout of the buildings, activities, buffers,
parking, driveways and other elements as required by the P Z Commission and
City Council to assist in evaluating the impact of the development on surrounding
uses.
(4) Hours of operation to be approved as part of the CUP.
(5) Location of drive through windows and similar elements not in yards adjacent to
residential zone or use.
(6) Unless otherwise specified in this section, the development in these nodes shall
conform to all other requirements of the Office Professional zone.
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BUILDINGS
NOT ALLOWED
Figure 2 (b) Height Restrictions
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23' MIN. SEIBADC
Section 2.4.4.2 OP, Office Professional District
(a) Purpose. The Office Professional District (OP) is intended to permit a wide variety
of business, professional and organization office needs of the community together
with desirable associated uses.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twelve thousand and five hundred (12,500) square
feet.
b. Minimum Lot Width One hundred feet (100').
c. Minimum Lot Depth One hundred feet (100').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard Ten feet (10')
c. Minimum Rear Yard Ten feet (10')
(d) Height Restrictions. No building shall exceed thirty -five feet (35') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Outdoor Activities or Uses.
1. No outdoor commercial activities or uses shall be permitted in the OP District
without a temporary permit issued by the City's Building Official, pursuant to the
City Building Code, unless expressly authorized herein.
2. Outdoor storage, as defined by Section 5.1.1.1., is allowed only upon obtaining
a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case
shall outdoor storage be permitted along any yard that abuts any street or
public right -of -way.
Fences Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 4 of this UDC.
(h) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual.
(f)
(i) Refuse Containers. All refuse and refuse containers shall be placed in the side or
rear yard (or front yard upon a finding by the Planning Director that no suitable
location exists in the side or rear yard) and shall be screened from the view of
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adjacent public streets and from the view of any adjacent single family, patio home,
and /or townhouse development(s).
(j) Landscaped Open Area. At least fifteen percent (15 of the gross site area shall
be maintained in landscaped open area.
(k) Adjacent to a Single Family Use or Zoning District. When an office /professional
development is established on a tract of land that is adjacent to a single family
development or to property zoned for single family use, there shall be a twenty -five-
foot (25') wide landscaped buffer along the property line that is adjacent to such use
or district. The landscaped buffer shall remain open and unobstructed (i.e., no
parking, driveways, or other use of the buffer area), and shall be planted with ground
cover, such as grass or ivy. This landscaped buffer may be located with the required
yard /setback area.
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Section 2.4.4.3 BP -288, Business Park District -288
(a) Purpose. The Business Park District -288 (BP -288) is intended to permit large office
complexes /campuses and retail development in locations with good visibility and
roadway access; visibility and access are inherently provided by State Highway 288.
These regulations are also intended to create high quality development that
enhances the City's image as a desirable place to live, work, and shop.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size One (1) acre (43,560 square feet).
b. Minimum Lot Width One hundred and fifty feet (150').
c. Minimum Lot Depth Two hundred feet (200').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard Twenty feet (20')
c. Minimum Rear Yard Twenty feet (20')
(d) Height Restrictions. No building shall exceed sixty -five feet (65') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Building Facade Standards. Requirements are applicable to all structures and
facades visible from State Highway 288 except single family detached dwellings. A
Facade Design Plan of the entire proposed project shall be submitted with Site Plan
review documents.
(1) Building Articulation:
a. Building articulation, as defined within Chapter 5 of this UDC, shall be
provided as follows:
1. All nonresidential structures fifty thousand (50,000) square feet in
size or greater shall incorporate architectural variation of at least
three feet (3') in depth for every twenty -five feet (25') in vertical or
horizontal length.
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NOTE: Illustration relates to requirements for nonresidential
structures fifty thousand (50, 000) square feet In size or greater.
Minimum
Variation cumulatively
equals 3 feet over the 25-
foot length
Iism au
.2. All nonresidential structures less than fifty thousand (50,000) square
feet shall incorporate architectural variation of at least one foot (1')
in depth for every ten feet (10') in vertical or horizontal length.
(2) Building Materials: Corrugated metal and exposed fasteners are prohibited.
Architectural metals are prohibited except for miscellaneous trimwork.
(3)Building Colors: Fagade materials shall not consist of colors classified by the
City as fluorescent, iridescent, or dayglo.
(f) Detention /Retention Facilities. Such facilities shall be incorporated into each
development as an amenity, such as a lake or pond. The term "amenity" is defined
within Chapter 5 of this UDC.
(g) Lighting.
(1) Uniformity: Standards, poles, and fixtures shall be a single color, and shall be
uniform in design throughout the site.
(2) Prohibited Poles: Wooden poles are prohibited, except on a temporary basis
during development construction and only until a Certificate of Occupancy is
issued.
(3) Height: Standards, poles, and fixtures shall be no taller than twenty feet (20') in
height.
(4) Walkway Lighting: Walkway lighting comprised of standard, pole, bollard and
wall- mounted fixtures shall be no greater than twelve feet (12') above grade.
(5) Accent Lighting:
a. Uplighting shall be concealed or positioned to screen the light source
from adjacent property and rights -of -way.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
(h) Screening Standards.
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(i)
(1) Site Elements Required to Be Screened: The following site elements shall be
screened from the public view from State Highway 288.
a. Mechanical and Utility Equipment
1. Screens shall be of a color and material that is consistent with the
primary on -site building.
2. Roof mounted equipment may be screened with an architectural
element that is an extension of the building on which it is located,
such as a parapet wall.
b. Vehicle Loading and Unloading Areas Screens shall incorporate
shrubbery having year -round foliage and \or a fence, wall, or architectural
element of the building that has a minimum six foot (6') height and is a
maximum seventy -five percent (75 opaque.
c. Refuse, Refuse Containers, and Recycling Containers Screens shall
consist of a solid fence, wall, or architectural element of the building with
a minimum six foot (6') height.
(2) Screening Elements Required: All fences and walls visible from State Highway
288 shall be:
a. Constructed of masonry or other materials approved by the Planning
Director or his designee.
b. Consistent in color and design with the building architecture.
c. Uniform in style and materials along the entire length of the screen within
a single development.
(3) Residential Subdivision Fences:
a. Residential subdivision fences shall be uniform in style, color, and
material along the length of the subdivision.
b. Wood rail fencing shall be permitted for perimeter fencing for large
individual residential lots and for large -lot residential subdivisions, which
shall mean subdivisions with lot sizes of at least one -half acre in size.
(4) Variation of Screening Walls Required: All screening walls that are twenty feet
(20') in length or longer provide some horizontal variation in the wall that is
equal to at least three feet (3') in depth for every twenty feet (20') in length.
Buffering Standards.
(1) Site Elements Required to Be Buffered: The following site elements shall be
visually buffered from the public view from State Highway 288:
a. Parking Areas Outdoor parking areas located within one hundred feet
(100') of the State Highway 288 right -of -way.
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(j)
b. Fuel Pumps Fuel pumps located between the street and the building.
c. Drive -Up Windows Vehicle drive -up windows facing the street.
(2) Buffering Elements Required: Required buffering shall be a maximum of three
feet (3') in height and shall be provided by one or more of the following:
a. Freestanding masonry wall.
b. Landscaped earth berm with a maximum four -to -one (4:1) slope.
Retaining walls may be used to facilitate berming.
c. Shrubbery having year -round foliage that is a maximum seventy -five
percent (75 opaque.
(3) Adjacent to a Single Family Use or Zoning District: When a nonresidential
development is established on a tract of land that is adjacent to a single family
development or to property zoned for single family use, there shall be a twenty
five -foot (25') wide landscaped buffer along the property line that is adjacent to
such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard /setback area.
Utilities. All utility service lines shall be located underground. Above ground lines
may be located in the rear or other areas of the property as necessary, however
such lines must not be prominent from the front view of the property or from the view
of roadways (the visibility of the poles must be partially or wholly obscured). Any
determination on whether utilities are noticeable shall be made by the Planning
Director.
(k) Outdoor Activities or Uses.
(1) No outdoor commercial activities or uses shall be permitted in the BP -288
District without a temporary permit issued by the City's Building Official
pursuant to the City Building Code, unless expressly authorized herein.
(2) Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon
obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d).
In no case shall outdoor storage be permitted along any yard that abuts any
street or public right -of -way.
(I) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(m)Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual.
(n) Landscaping Standards.
(1) Minimum Percentage of Landscaping: A minimum of fifteen percent (15 of
the front yard area, or the yard adjacent to State Highway 288, as applicable,
shall consist of landscaped open areas.
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(2) Tree Requirements: Trees are required along State Highway 288 as follows,
and at least fifty percent (50 of the required trees shall be located along the
frontage of the lot, adjacent to State Highway 288.
a. Large shade trees with a minimum two -inch (2 caliper measured at
twelve inches (12 above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1 for each ten feet (10') of
frontage.
b. Ornamental trees with a minimum two -inch (2 caliper measured at
twelve inches (12 above the root ball shall be provided, with the total
caliper inches equal to one inch (1 for each fifteen feet (15') of frontage.
c. A minimum of sixty percent (60 of required street trees shall be
evergreen with year -round foliage.
d. At the time of planting, a minimum of eight feet (8') shall be provided
between a tree trunk and the back of any curb and between a tree trunk
and any planned or existing underground public utility lines.
e. At the time of planting, a minimum of six feet (6') shall be provided
between individual trees.
(3) Required Interior Site Landscaping:
a. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs.
b. No parking space shall be more than fifty feet (50') from a tree.
(4) Irrigation System: A mechanical irrigation system is required to be installed and
maintained.
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Section 2.4.4.4 NS, Neighborhood Service District
(a) Purpose. The Neighborhood Service District (NS) is intended to permit a limited
area of service establishments and retail stores for the benefit of adjacent and
nearby residential development and in which district all trade is conducted indoors
and in such a manner as to be capable of placement adjacent to residential districts
without changing the character of the latter.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twelve thousand and five hundred (12,500) square
feet in area.
b. Minimum Lot Width One hundred feet (100').
c. Minimum Lot Depth One hundred feet (100').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Fifteen feet (15') if side yard abuts a residential zoning district.
c. Minimum Rear Yard
1. Ten feet (10'), except as provided below.
2. Fifteen feet (15') if rear yard abuts a residential zoning district.
(d) Height Restrictions. No building shall exceed thirty -five feet (35') in height.
(e) Outdoor Activities or Uses. No outdoor commercial activities or uses shall be
permitted in the NS District without a temporary permit issued by the City's Building
Official. Refer to the City Building Code.
(f) Fences Screening. Fences and screening shall be provided and maintained as set
forth in Chapter 4, Article 2, Division 4 of this UDC.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(h) Landscaped Open Area. At least fifteen percent (15 of the gross site area shall
be maintained in landscaped open area.
(i) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
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(j)
Refuse Containers. All refuse and refuse containers shall be screened from the
view of adjacent public streets and from the view of any adjacent single family, patio
home, townhouse, and /or multiple family development(s). Such containers shall not
be located within the front yard area, and shall be to the side or rear of the lot.
(k) Adjacent to a Single- Family Use or Zoning District. When a nonresidential
development is established on a tract of land that is adjacent to a single family
development or to property zoned for single family use, there shall be a twenty -five-
foot (25') wide landscaped buffer along the property line that is adjacent to such use
or district. The landscaped buffer shall remain open and unobstructed (i.e., no
parking, driveways, or other use of the buffer area), and shall be planted with ground
cover, such as grass or ivy. This landscaped buffer may be located with the required
yard /setback area.
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Section 2.4.4.5 GB, General Business Retail District
(a) Purpose. The General Business Retail District (GB) is intended to permit an
extensive variety of commercial uses including retail trade, personal and business
service establishments, offices and commercial recreational uses of limited scope.
These types of commercial uses are conducted wholly within an enclosed building
but may incidentally display merchandise wholly under a permanent part of the main
business structure, such as a marquee.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twenty -two thousand and five hundred (22,500)
square feet in area.
b. Minimum Lot Width One hundred and fifty feet (150'):
c. Minimum Lot Depth One hundred and twenty -five feet (125').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Twenty -five feet (25') if side yard abuts a residential zoning district.
c. Minimum Rear Yard Twenty -five feet (25')
(d) Height Restrictions. No building shall exceed forty -five feet (45') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Outdoor Activities or Uses. In connection with any permitted use, there shall be
allowed the incidental display of merchandise out of doors subject to the following
limitations:
(1) Except as provided below, all display areas out of doors shall be confined to a
pedestrian walkway immediately adjacent to the building housing the primary
use, shall not extend from such building a distance of more than ten feet (10'),
and shall be located wholly under a permanent part of a main business building
such as a marquee, provided that adequate pedestrian access is maintained.
Adequate pedestrian access shall be an unobstructed thirty -six inch (36
walkway.
(2) The temporary sale of Christmas trees and products associated with
celebration of holidays or national events events (e.g., Hanukkah, Presidents'
Day, Easter, etc.) shall be permitted for a period of forty -five (45) days prior to
the day of the holiday celebration. The sale of goods in relation to special,
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(f)
local, or store events (e.g., spring sale, Party on the Grand, civic club event,
etc.) shall also be permitted, but shall be limited to one (1) event per calendar
year, not to exceed a sale period of more than sixty (60) days. The Building
Official shall issue a permit for such sale when he finds:
a. That there is an adequate off street parking area, approved by the City;
and
b. That the location and layout of drives and parking areas, of lighting, and
of temporary sales signs will not constitute a hazard to public traveling to
the abutting public streets and will not obstruct the visibility along such
streets.
(3) No other type of outdoor activity or uses shall be permitted in the GB District
without a temporary permit issued by the City's Building Official pursuant to the
City Building Code, unless expressly authorized herein.
(4) Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining
a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case
shall outdoor storage be permitted along any yard that abuts any street or
public right -of -way.
Fences Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC, and as specified below.
(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(h) Landscaped Open Area. At least fifteen percent (15 of the gross site area shall
be maintained in landscaped open area.
Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(i)
(j)
Refuse Containers. All refuse and refuse containers shall be screened from the
view of adjacent public streets and from the view of any adjacent single family, patio
home, townhouse, and /or multiple family development(s). Such containers shall not
be located within the front yard area, and shall be to the side or rear of the lot.
(k) Adjacent to a Single Family Use or Zoning District. When a nonresidential
development is established on a tract of land that is adjacent to a single family
development or to property zoned for single family use, there shall be a twenty -five-
foot (25') wide landscaped buffer along the property line that is adjacent to such use
or district. The landscaped buffer shall remain open and unobstructed (i.e., no
parking, driveways, or other use of the buffer area), and shall be planted with ground
cover, such as grass or ivy. This landscaped buffer may be located with the required
yard /setback area.
(I) Alcoholic Beverages. The sale, dispensing, and otherwise handling of alcoholic
beverages directly to the consumer for consumption on the premises shall be
permitted only if incidental and secondary to the sale of food for human consumption
on the premises, which shall be construed to mean that at least fifty percent (50 of
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gross receipts must be from sales of food for consumption on the premises. This
regulation shall not apply to private clubs operating within hotels and motels.
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Section 2.4.4.6 GC, General Commercial District
(a) Purpose. The General Commercial District (GC) is intended to permit a wide variety
of businesses characterized by those uses that may require an extensive amount of
land for the conduct of business and /or that may require outside storage areas.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Twenty -two thousand and five hundred (22,500)
square feet in area.
b. Minimum Lot Width One hundred and fifty feet (150').
c. Minimum Lot Depth One hundred and twenty -five feet (125').
(2) Size of Yards:
a. Minimum Front Yard Twenty -five feet (25')
b. Minimum Side Yard
1. Ten feet (10'), except as provided below.
2. Twenty -five feet (25') if side yard abuts a residential zoning district
or a public right -of -way.
c. Minimum Rear Yard Twenty -five feet (25')
(d) Height Restrictions. No building shall exceed forty -five feet (45') in height.
Additional height may be approved through a Conditional Use Permit (CUP).
(e) Outdoor Activities or Uses. In connection with any permitted use, there shall be
allowed outdoor activities or uses subject to the following limitations:
(1) Except as provided below, out of doors display, storage and sale of
merchandise, equipment and vehicles shall be permitted.
(2) Out of doors display, storage and sale of merchandise, equipment and vehicles
shall not be permitted on property adjacent to a residential zoning district.
a. Such activities /uses shall be permitted on such property upon City
Council approval of a Conditional Use Permit (in accordance with Article2,
Division 3 of this chapter) authorizing said activities /uses.
b. Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon
obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d).
In no case shall outdoor storage be permitted along any yard that abuts
any street or public right -of -way.
Fences Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC.
(f)
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(g) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(h) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(i) Refuse Containers. All refuse and refuse containers shall be screened from the
view of adjacent public streets and from the view of any adjacent single family, patio
home, townhouse, and /or multiple family development(s). Such containers shall not
be located within the front yard area, and shall be to the side or rear of the lot.
(j) Adjacent to a Single Family Use or Zoning District. When a nonresidential
development is established on a tract of land that is adjacent to a single family
development or to property zoned for single family use, there shall be a twenty -five-
foot (25') wide landscaped buffer along the property line that is adjacent to such use
or district. The landscaped buffer shall remain open and unobstructed (i.e., no
parking, driveways, or other use of the buffer area), and shall be planted with ground
cover, such as grass or ivy. This landscaped buffer may be located with the required
yard /setback area.
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Section 2.4.4.7 M -1, Light Industrial District
(a) Purpose. The Light Industrial District (M -1) is intended to permit a wide variety of
light industrial, manufacturing, wholesale and service type uses.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Forty thousand (40,000) square feet in area.
b. Minimum Lot Width One hundred and fifty feet (150').
c. Minimum Lot Depth One hundred and fifty feet (150').
(2) Size of Yards:
a. Minimum Front Yard Thirty -five feet (35')
b. Minimum Side Yard Twenty -five feet (25')
c. Minimum Rear Yard Twenty -five feet (25')
(d) Height Restrictions. No building shall exceed forty -five feet (45') in height.
(e) Fences Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC.
(f) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(g) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(h) Special Conditions.
(1) Landscaped Open Area:
a. At least ten percent (10 of the gross lot area shall be maintained as
permanent landscaped open area. All landscaping shall be properly
maintained throughout the life of any use on the lot.
b. Adjacent to a Single- Family Use or Zoning District When a
nonresidential development is established on a tract of land that is
adjacent to a single family development or to property zoned for single
family use, there shall be a twenty- five -foot (25') wide landscaped buffer
along the property line that is adjacent to such use or district. The
landscaped buffer shall remain open and unobstructed (i.e., no parking,
driveways, or other use of the buffer area), and shall be planted with
ground cover, such as grass or ivy. This landscaped buffer may be
located with the required yard /setback area.
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(i)
(2) Materials Storage:
a. No materials storage, including but not limited to waste materials, raw
materials, construction materials, and salvaged materials or finished
product storage, shall be permitted unless:
1. completely screened from streets or public rights -of -way and any
adjacent non industrial zoning districts by:
[a] a solid wall or fence not less than eight feet (8') in height, or
[b] a vegetative screen dense enough to'be completely opaque
year- round, which is at least four feet (4') tall at planting and at
least eight feet (8') tall within twelve (12) months; and
2. located upon a surface that is acceptable to the City Engineer.
b. City Council approval of a Conditional Use Permit (in accordance with
Article 2, Division 3 of this chapter) authorizing said materials storage or
finished product storage and uses is required for industrial zoning districts
adjacent to residentially zoned property.
c. Materials shall not be stored or stacked higher than the height of the
screening wall. Refer to screening wall requirements within Chapter 4,
Article 2, Division 4 of this UDC.
Performance Standards. No land or building shall be used or occupied within this
district which does not comply with the following standards relating to radioactivity
and electromagnetic disturbances, noise, vibrators, odors and glare.
(1) Radioactivity or Electromagnetic Disturbance: No activity shall be permitted
which emits dangerous radioactivity at any point, or electromagnetic
disturbance adversely affecting the operation at any point of any equipment
other than that of the creator of such disturbance.
(2) Direct or Sky Reflected Glare: No glare shall be permitted whether from
floodlights or from high temperature processes such as combustion or welding
or otherwise.
(3) Compliance With Other Regulations. All industries will comply with any
appropriate federal and /or state standard as well as any others specified by this
UDC or any other City Codes, such as adopted noise or hours of operation
regulations.
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Section 2.4.4.8 M -2, Heavy Industrial District
(a) Purpose. The Heavy Industrial District (M -2) is intended to permit any
manufacturing, assembly, processing, storage and /or distribution, sale and repair
incidental to industrial use allowed by law.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Size Forty thousand (40,000) square feet in area.
b. Minimum Lot Width One hundred and fifty feet (150').
c. Minimum Lot Depth One hundred and fifty feet (150').
(2) Size of Yards:
a. Minimum Front Yard Thirty -five feet (35')
b. Minimum Side Yard Twenty -five feet (25')
c. Minimum Rear Yard Twenty -five feet (25')
(d) Height Restrictions. No building shall exceed sixty feet (60') in height.
(e) Fences Screening. Fences and screening shall be provided and maintained as
set forth in Chapter 4, Article 2, Division 4 of this UDC.
(f) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(g) Access. Access shall be provided in accordance with the City's Engineering Design
Criteria Manual (EDCM).
(h) Special Conditions.
(1) Landscaped Open Area:
a. At least ten percent (10 of the gross lot area shall be maintained as
permanent landscaped open area. All landscaping shall be properly
maintained throughout the life of any use on the lot.
b. Adjacent to a Single- Family Use or Zoning District When a
nonresidential development is established on a tract of land that is
adjacent to a single family development or to property zoned for single
family use, there shall be a twenty- five -foot (25') wide landscaped buffer
along the property line that is adjacent to such use or district. The
landscaped buffer shall remain open and unobstructed (i.e., no parking,
driveways, or other use of the buffer area), and shall be planted with
ground cover, such as grass or ivy. This landscaped buffer may be
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(i)
located with the required yard /setback area. The exception to this
requirement shall be when an M -2 industrial development is established
adjacent to an M -1 industrial development.
(2) Materials Storage:
a. No materials storage, including but not limited to waste materials, raw
materials, construction materials, and salvaged materials or finished
product storage, shall be permitted unless:
1. completely screened from streets or public rights -of -way and any
adjacent non industrial zoning districts by:
[a] a solid wall or fence not less than eight feet (8') in height, or
[b] a vegetative screen dense enough to be completely opaque year
round, which is at least four feet (4') tall at planting and at least
eight feet (8') tall within twelve (12) months; and
2. located upon a surface that is acceptable to the City Engineer:
b. City Council approval of a Conditional Use Permit (in accordance with
Article 2, Division 3 of this chapter) authorizing said materials storage or
finished product storage and uses is required for industrial zoning districts
adjacent to residential zoned property.
Performance Standards. No land or building shall be used or occupied within this
district which does not comply with the following standards relating to radioactivity
and electromagnetic disturbances, noise, vibrators, odors and glare.
(1) Radioactivity or Electromagnetic Disturbance: No activity shall be permitted
which emits dangerous radioactivity at any point, or electromagnetic
disturbance adversely affecting the operation at any point of any equipment
other than that of the creator of such disturbance.
(2) Direct or Sky- Reflected Glare: No glare shall be permitted whether from
floodlights or from high temperature processes such as combustion or welding
or otherwise.
(3) Compliance With Other Regulations. All industries will comply with any
appropriate federal and /or state standard as well as any others specified by this
UDC or any other City Codes, such as adopted noise or hours of operation
regulations.
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Section 2.5.4.2 Criteria for Home Occupations
(a) Criteria for Allowed Home Occupation Uses. The allowed uses under a
customary Home Occupation shall comply with the following criteria.
(1) No person other than those residing on the premises shall be engaged in such
occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants, and not
more than twenty -five percent (25 of the floor area of the dwelling unit shall
be used in the conduct of the Home Occupation.
(3) There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home occupation
other than one sign, not exceeding one square foot in area, non illuminated,
and mounted flat against the wall of the principal building.
(4) There shall be no on premises sales in connection with such home occupation.
(5) No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood, and any need for
parking generated by the conduct of such home occupation shall be met off the
street and not in a required front yard.
(6) No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors, or electrical interference detectable to the
normal senses off the lot, if the occupation is conducted in a single family
residence. In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference in any radio or television
receivers off the premises, or causes fluctuations in line voltage off the
premises.
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Section 2.5.3.1 Area Regulations for Accessory Structures (All Districts)
(a) Location of Accessory Structures on Smaller Lots. On properties less than one
(1) acre in size and zoned or utilized for residential use, accessory structures shall
only be permitted to locate as follows:
(1) Garages, carports, swimming pools and structures that typically accompany
pools (such as bath houses, cabanas, and covered patios next to a pool), shall be
entirely behind the imaginary line that incorporates the rearmost front face at least
five (5) feet in length of the principal building. That portion of any such accessory
structure that is located in front of the imaginary line that incorporates the forward
most rear face at least five (5) feet in length of the principal building shall comply with
the side setback requirements applicable to the principal building.
(2) All other accessory structures shall be located behind the imaginary line that
incorporates the forward -most rear face at least five (5) feet in length of the principal
building, and shall be no closer than five feet (5') to a common property line, or three
feet (3') upon approval of the building official, and shall not encroach on any
dedicated easements. (See Figure 2 -4, on page 2 -150.)
(b) Location of Accessory Structures on Larger Lots. On properties one (1) acre or
greater in size and zoned or utilized for residential use, accessory structures shall be
permitted anywhere on the property so long as such structures: (1) are set back at
least one hundred (100) feet from the front property line; (2) are no closer than three
feet (3') to a common property line; and (3) do not encroach on any dedicated
easements.
(c) Screening for Accessory Buildings. Accessory buildings in non residential zoning
districts shall be screened from public view in conformance with the requirements
within Chapter 4, Article 2, Division 4 of this UDC.
(d) Garages and Carports. Garages and carports shall adhere to all requirements of
this Section 2.5.3.1, except that front, rear, and side yard setbacks shall meet the
following:
(1)Garages or carports accessed from an interior side yard shall have a minimum
setback of twenty feet (20') from the side lot line.
(2) Carports or garages accessed from a side or rear yard, facing a public street,
or from a side or rear alley shall have a minimum distance equal to the required
yard for the main building or
twenty feet (20'), whichever is
greater.
(3) For these requirements,
carports shall be measured from
the roof nearest to the street or
alley (see Figure 2 -3).
(e) Accessory Buildings Without a
Main Building. Accessory buildings
are not permitted without a main structure except in the Suburban Development (SD)
District.
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METHOD OF MEASURING
CARPORT SETBACK (20' Minimum)
MAXIMUM OVERHANG
PROPERTY LINE
ALLEY
or
STREET
Figure 2 -3: Carport Setback
(f) Height of Accessory Buildings. Accessory buildings shall not exceed the height
allowed in the specific zoning district, except taller accessory buildings (including
accessory dwellings) may be allowed in certain zoning districts by Conditional Use
Permit (CUP) (see Article 2, Division 3) if there is no adverse impact upon adjacent
properties.
(g) Size of Accessory Buildings. The total floor area of all accessory structures shall
not exceed fifty percent (50 of the square footage of the livable area of the
residence on the premises, or five percent (5 of the lot area, whichever is greater.
This requirement shall not apply to swimming pools or barns and related structures
necessary for farming and ranching purposes.
(h) Number of Accessory Buildings. There shall be no more than three (3) accessory
buildings on any residential lot, excluding swimming pools. Lots that are ten (10)
acres or greater in size are exempt from this requirement.
(i) Trailers Used for Accessory Uses. No permanent use of an accessory trailer(s) is
permitted. Accessory uses for residential purposes (e.g., recreational vehicles,
motor homes) are permitted, but for a period of time not to exceed sixty (60) days per
calendar year. Trailers for nonresidential accessory uses are permitted with the
following conditions:
(1) The trailer is an accessory use of an existing business.
(2) The trailer is designed for use as an accessory use, not as a primary use.
(3) The trailer does not occupy a required parking space.
(4) The accessory trailer shall not be permitted for more than fourteen (14) days
for each six -month (6- month) period of time.
(5) The accessory trailer meets all of the requirements of the City's electrical codes
if electricity is provided to said trailer.
(6) The trailer is not being used for advertising /signage purposes, as is prohibited
in Chapter 4, Article 2, Division 5 of the UDC.
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Section 2.6.1.1 Area Building Regulations
(a) Measuring Setbacks Lot Dimensions. All setback measurements shall be made
in accordance with Figure 2 -4 and Figure 2 -5 (on the following page).
FRONT YARO I /r �i°uirlei
F WILDING U y �N�uNO
I
WI FRONTAGE
V INOTN I
LOT
LOT m
1 j
(A) (B)
LOT WIDTH
STREET
AU£Y
(A)
YARD
LOT AREA DEPTH
PROPERTY „NE
REM YARD
STRUCTURE
FRONT YARD
STREET
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STREET
(5)
9DE
YARD,
MEASURING SETBACKS AND LOT DIMENSIONS
REAR
PROPERTY
LINE
LOT AREA 15 CALCULATED
EXCLUDING ALLEY AND
STREET RIGHT -OF -WAY
LOT AREA MAY INCLUDE
EASEMENTS ON LOT
FORWARD MOST REA
AR MOST FRONT PACE
FIGURE 2 -4; MEASURING SETBACKS AND LOT DIMENSIONS
SIDE
PROP Att
ONE
STREET R.O.W
FY
I T
"1 IN I
RY
STRUCNRAL v
FRONTAGE
N
y
r ss
r
STRUCTURAL
FRONTAGE 1
I I
L_ FY
STREET R.O.W
STREE R AIN.
FY I
I
1 I c]
10,1
1 1
V 0.
SY SIDE YARD
FY FRONT YARD
RY REAR YARD
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I �y�
s
TURN
AROUND
CUL —DE —SAC
STREET R.O.W
FY
S
1I
I LL
I
1
\J /c/ II
i
FY
STREET R.O.W
FIGURE 2 -5: MEASURING SETBACKS AND LOT DIMENSIONS
(b) Configuration of Lots. Figure 2 -6 illustrates the various types of
discussed within this UDC.
(c)
(1) Flag lots (i.e., lots with minimal, or panhandle type, frontage)
permitted in residential districts unless otherwise approved by the
Zoning Commission.
(2) Flag lots in nonresidential and
mixed use zoning districts shall be
permitted upon approval by the
Planning Zoning Commission,
provided such lots shall have a
minimum frontage of fifty feet (50').
(3) No flag lot shall be permitted to
have frontage adjacent to the
frontage of more than one (1) other
flag lot on the same street. See
Section 4.2.2.4 for landscaping
requirements for flag lots.
(4) Double frontage lots in residential
zoning districts shall only be
permitted if access is limited to one
street frontage.
Building Setbacks.
(1) All setbacks established on a
recorded plat shall be enforced,
even if such setbacks exceed
the required setbacks in this
Code.
(2) Setbacks established on a
recorded plat shall only be
changed through replat
proceedings.
(d) Front Yards.
(1) Corner Lots:
a. On all corner Tots, the
front yard setback shall
be observed along the
frontage of both
intersecting streets,
unless approved
specifically otherwise
on a construction plat.
(Also see (f)(1).)
Figure 2 6: Types of Lots
Tots that are
shall not be
Planning and
r.
Street
Corner
Lot
Interior
Lot
Corner
Lot
r
1 I me rio r
I Lot
1
Double Frontage
Through Lot
Flag
Lot
Interior
LOS
1 Corner
1 Lot
Interior
Lot
Corner
Lot
Street
1
STANDARD FRONT
YARDS BOTH
FRONTAGES
STREET NO ACCESS
FRONT YARD
FRONT YARD
FRONT YARD
STREET
BUILDING LINE FOR
A SPECIFIED
REAR YARD
Figure 2 -7: Front Yards on Double Frontage Lots
STREET
1 RONT YARt■ LINE INTERIOR
1RONT
FRONT YARD LINE
STREET
CORNER
LOT
CORNER IDE YARD
TUNE MUS BE
IDENTIFI ON
THE FINA PLAT,
OTHERWI ETWO
FRONT Y RDS SHALL
BE OBSER 50
Note:
Where no alley or other separation
exist between adjacent Tots, setback
along block face shall be consistent
(Le., uniform; not staggered).
Figure 2 -8: identification of Side and /or Rear Yards
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b. Where single family and duplex lots have double frontage (frontage that
extends from one street to another), or are on a corner, a required front
yard shall be provided on both streets unless a side or rear yard building
line has been established along one frontage on the plat, in which event
only one required front yard need be observed (Figure 2 -7).
c. The side and /or rear yards in the case of single family and duplex uses
R -1
R -1
FRONT
YARD
R -4
STREET
ZONING DISTRICT BOUNDARY
R -4
shall be identified and the front of the structure shall not face the side or
rear yard (Figure 2 -8).
(2) Frontage Divided by Zoning Districts: Where the frontage on one side of a
street between two intersecting streets is divided by two or more zoning
districts, the front yard shall comply with the requirements of the most
restrictive district for the entire frontage (Figure 2 -9).
FOUNDATION
30' l.—
M
PA VES
GRADE
PROPERTY
LINE
(3) Measuring Front Yards and Encroachments:
(See Figure 2 -10.)
a. The front yard shall be measured from the
property line to the front face of the building, to
the nearest supporting member of a covered
porch or terrace, or to any attached accessory
building.
b. Eaves and roof extensions or a porch without
posts or columns may project into the required
front yard for a distance not to exceed four feet
(4').
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Lot frontage on a cul -de -sac lot
may be less than 80% of the lot
Figure 2 -11: Measuring Lot
Width of a Curved Lot
(5) Front Yards in Relation to Pump Islands:
a. Gasoline service station pump islands (and their canopy structures) that
parallel a public street may be located a minimum of eighteen feet (18') to
the property line adjacent to a public street.
b. For pump islands (and canopies) that are perpendicular or diagonal to a
public street, the setback shall be thirty feet (30') (in order to prevent
vehicles stacking into the street).
c. Pump islands (and their canopies) may extend beyond the front building
line as described above (provided that all other requirements of this Code
are met), but shall not be closer than fifteen feet (15') to any property line
that is not adjacent to a public street.
(e) Yards in Relation to Future Rights -of -Way. Where a future right -of -way line has
been established for future widening or opening of a street or thoroughfare, upon
which a lot abuts, the front, side, and /or rear yard shall be measured from the future
right -of -way line.
(f)
c. Subsurface structures, platforms or slabs may not project into the front
yard to a distance greater than thirty inches (30
(4) Curved Front Building Line: Minimum lot widths for lots with predominate
frontage on the curved radius of a street (e.g., cul -de -sac or "eyebrow" portion
of a street) shall be measured as the linear distance of the curved front building
line (see Figure 2 -11), and shall be shown on the Final Subdivision Plat. Lot
frontage shall not be less than eighty percent (80 of the lot width, except on
cul -de -sac lots (see Figure 2 -4) and knuckle lots. Lot widths for all lots shall be
as set forth in the respective zoning district for each lot.
Side Rear Yards.
(1) On a corner lot used for one or two family dwellings, both street exposures
shall be treated as front yards on all lots platted after the effective date of this
Code, except that where one street exposure is designated as a side yard for
both adjacent lots or where the two lots are separated by an alley, street right
of -way, creek /flood plain area, or other similar phenomenon. In such case, the
building line may be designated as a side yard of fifteen feet (15') or more (as
determined by the applicable zoning district standards) on the final plat. On
lots which were official lots of record prior to the effective date of this Code, the
minimum side yard adjacent to a side street shall comply with the minimum
required side yard for the respective district.
(2) Measuring Side /Rear Yards and Encroachments:
a. Every part of a required side yard shall be open and unobstructed except
for accessory buildings, as permitted herein, and the ordinary projections
of window sills, belt courses, cornices and other architectural features
projecting shall not exceed twelve inches (12 into the required side yard,
and roof eaves projecting shall not exceed twenty -four inches (24 into
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the required side yard, except that no projections shall be permitted
closer than twelve inches (12 to a common property line.
b. Air conditioning compressors and similar accessory equipment are
permitted in the side or rear yard.
c. A canopy may project into a required side or rear yard provided that it is
not enclosed, and provided that it is at least five feet (5') from the
adjacent property line.
(g) Open Storage Areas. Open storage of materials, commodities or equipment, where
allowed in the specific zoning district, shall be located behind the front building line
and observe all setback requirements for the main structure or building. This
standard does not apply to outside display as defined in Chapter 5. Also refer to
screening requirements and special requirements for open storage in Chapter 4,
Article 2, Division 4 (Screening).
(h) Sight Visibility.
(1) Visual clearance shall be provided in all zoning districts so that no fence, wall,
architectural screen, earth mounding or landscaping thirty inches (30 or
higher above the street center line obstructs the vision of a motor vehicle driver
approaching any street, alley, or driveway intersection as follows:
a. At street intersections within nonresidential and mixed use zoning districts,
clear vision must be maintained for a minimum of twenty -five feet (25') across
any lot, measured from the corner of the property line in both directions.
b. At street intersections within residential zoning districts, clear vision must be
maintained for a minimum of fifteen feet (15') across any lot, measured from
the corner of the property line in both directions.
c. At an intersection with an alley, clear vision must be maintained for ten feet
(10').
d. Shrubs and hedges that are typically less than thirty inches (30 in height at
maturity, as measured from the centerline of the street, may be located in the
visual clearance areas of all districts.
e. A limited number of single -trunk trees having a clear trunk (branching) height of
at least five feet (5') may be located within sight visibility areas provided that
they are spaced and positioned such that they will not produce a visibility
inhibiting effect when they attain mature size.
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Section 2.7.3.7 Special Exceptions for Nonconformities
(a) Exceptions Criteria. Upon written request of the property owner, the Zoning Board
of Adjustment (ZBA) may grant special exceptions to the provisions of this code,
limited to and in accordance with the following:
(1) Expansion of a nonconforming use within an existing structure provided that, in
the case of a nonconforming residential use, such expansion does not increase
the number of dwelling units to more than the number existing when the use
first became nonconforming.
(2) Expansion of the gross floor area of a nonconforming structure or a conforming
structure on property that is conforming, provided that such expansion does not
decrease any existing setback.
(3) Re- construction of a nonconforming structure that has been totally destroyed,
or resumption of a nonconforming use previously abandoned, only upon finding
that the failure to grant the special exception deprives the property owner of
substantially all use or economic value of the land.
(4) Construction of a new structure on the same property where a nonconformity
already exists, whether it is a nonconformity in an existing structure or of the
property itself, provided the new structure assumes the existing nonconforming
status and no nonconforming use is expanded into the structure.
(5) In granting special exceptions under this Section 2.7.3.7, the ZBA shall avoid
doing so merely to allow a convenience or convey an advantage to the
applicant but instead shall endeavor to reduce the nonconforming nature of the
nonconforming use whenever possible and so may impose such criteria as are
necessary to bring the property into further compliance with this code, protect
adjacent property owners, and to ensure the public health, safety and general
welfare, including specifying the period during which the nonconforming use
may continue to operate or exist before having to conform to the standards of
this Code.
(b) The ZBA may grant special exceptions for the following:
(1) To interpret the provisions of this chapter in a way so as to carry out the intent
and purpose of this chapter, adjust districts where the street layout actually on
the ground varies from the street layout as shown on the maps.
(2) To reduce the parking and loading requirements in an amount not exceeding
thirty -three percent (33 of the normal requirement in any of the districts
whenever the character or use of the building makes unnecessary the full
provision of parking or loading facilities, as contrasted with merely granting an
advantage or a convenience, as in the following situations:
a. Housing specifically designed and intended for use by the elderly,
disabled, or other occupants typically having a lower expectation of
automobile ownership;
b. Adaptive reuse or restoration of an historically or architecturally significant
structure;
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c. Expansion of a nonprofit, public or social service use on an existing site;
and
d. Conversion of a nonconforming use to what would otherwise be a
conforming use, except for the parking and loading requirements.
(3) To allow off -site parking where all or part of the minimum number of parking
spaces required in Chapter 4, Article 2, Division 1 (Parking) of this UDC are
located within three hundred feet (300') on a lot or tract of land that is legally
separate from the property containing the principal use served by the parking
area, provided that:
a. Both lots or tracts are under the same ownership; or
b. It can be established that two or more uses, applying jointly and
concurrently for the special exception, will be sharing a parking area that
may be on property that is not under the same ownership as one or more
of the uses to be served by the parking, where the shared parking area
has a capacity of at least the minimum number of spaces for the use
having the greatest minimum requirement, where all uses have their
primary need for parking during offsetting periods so that the parking area
will be utilized by only one principal use at a time, and where the
arrangement is documented through a long -term lease or other written
agreement.
(4) To allow the reconstruction of a nonconforming building which has been
damaged to the extent of more than fifty percent (50 of its replacement cost.
(5) To allow a change to another nonconforming use. If no structural alterations
are made, any nonconforming use of a structure or structure and premises in
combination may, as a special exception, be changed to another
nonconforming use, provided the Zoning Board of Adjustment finds that the
proposed nonconforming use is not more nonconforming in the district than the
previously existing nonconforming use.
(6) To allow the City to issue a building permit for expansion of a preexisting
nonconforming use that is not in compliance with the Future Land Use Plan
Map and /or zoning district when the Zoning Board of Adjustment determines
that this special exception will not adversely impact water, wastewater,
drainage, and street transportation systems, and is in accord with all City codes
and applicable Comprehensive Plan policies, including those pertaining
specifically to land use compatibility.
(7)To allow for the reasonable reduction, to the minimal amount possible, of
requirements related to the following improvements to allow for compliance
with the City's adopted requirements for development (and their spirit and
intent), but also to allow for the use and enjoyment of property within Pearland
(also see Article 1, Division 3 of Chapter 4 for triggers related to these
improvements):
a. Landscaping As required within the applicable zoning district (Chapter
2) and /or in Chapter 4, Article 2, Division 2;
b. Screening /fencing As required within the applicable zoning district
(Chapter 2) and /or in Chapter 4, Article 3, Division 4;
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c. Fagade requirements As required within the applicable zoning district
(Chapter 2) and /or in Chapter 2, Article 6, Division 2.
(8) To allow for a reasonable amount of time for a nonconforming use to be
brought to a lesser- nonconforming status or to a conforming status by allowing
an applicant to make improvements to an existing, developed property or
building over a period of time, instead of requiring such improvements to be
made immediately, or prior to a Certificate of Occupancy.
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Section 3.1.1.1 Authority, Purpose Applicability
(a) Authority. The procedures of this Article 1 are authorized under the authority of
Texas Local Government Code, Chapter 212 (including Subchapter B) and the City's
charter. The provisions of this Article expressly extend to all areas inside the City
limits and throughout the City's extraterritorial jurisdiction.
(b) Purpose.
(1) The provisions of this Chapter are intended to implement standards and
requirements provided for herein, and shall be minimum requirements for the
platting and developing of subdivisions within the City of Pearland and its
extraterritorial jurisdiction, as authorized by State statute.
(2) The subdivision of land, as it affects a community's quality of life, is an activity
where regulation is a valid function of municipal government. Through the
application of these regulations, the interests of public and private parties are
protected by the granting of certain rights and privileges. By establishing a fair
and rational procedure for developing land, the requirements in this chapter
further the possibility that and will be developed in accordance with existing
physical, social, economic and environmental conditions.
(3) The provisions of this Chapter are intended to implement the following
objectives:
a. Promote the development and the utilization of land in a manner that
assures an attractive and high quality community environment in
accordance with the Comprehensive Plan and the Zoning Ordinance of
the City of Pearland;
b. Guide and assist property owners and applicants in the correct
procedures to be followed, and to inform them of the standards which
shall be required;
c. Protect the public interest by imposing standards for the location, design,
class and type of streets, walkways (sidewalks), alleys, utilities and
essential public services;
d. Assist orderly, efficient and coordinated development within the City's
limits and its extraterritorial jurisdiction;
e. Integrate the development of various tracts of land into the existing
community, and coordinate the future development of adjoining tracts;
f. Ensure the most efficient and beneficial provision of public facilities and
services for each tract being subdivided;
g. Provide for compatible relationships between land uses and buildings;
h. Provide for the circulation of traffic throughout the municipality;
i. Provide for pedestrian circulation that is appropriate for the various uses
of land and buildings;
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j•
Prevent pollution of the air, streams, bodies of water, and aquifers; assure
the adequacy of drainage facilities; safeguard both surface and
groundwater supplies, as well as natural resources and endangered or
threatened plant and animal life; and encourage the wise use and
management of natural resources throughout the municipality in order to
preserve the integrity, stability and beauty of the community and the value
of the land;
k. Preserve the natural beauty and topography of the municipality, and
ensure development that is appropriate with regard to these natural
features;
I. Establish adequate and accurate records of land subdivision;
m. Ensure that public or private facilities are available and will have sufficient
capacity to serve proposed and future developments and citizens within
the City and its extraterritorial jurisdiction;
n. Provide for adequate light, air and privacy; secure safety from fire, flood
and other danger; and prevent overcrowding of the land and undue
congestion of population;
o. Encourage the development of residential areas that meet a wide range
of income levels.
(c) Applicability.
(1) The provisions of this Chapter 3 apply to any non exempt (see Section 3.1.1.3)
division of land, combination of separate land parcels, and /or development of
land within the corporate boundaries of the City and within its extraterritorial
jurisdiction.
(2) No permit shall be issued for any building or structure on a property until a
subdivision or a development plat has been approved and filed for record with
the following exceptions:
a. Permits for repair or remodeling of an existing structure or for site
improvements (parking areas, driveways, etc.) which involves no increase
in square footage of any structure or paving; or
b. Demolition permits, or permits for removal of a structure from a parcel or
tract.
c. A building permit may be issued for a Public Educational Facility prior to
platting, but no certificate of occupancy shall be issued until after approval
and recordation of the final plat.
(3) Notwithstanding any UDC provision to the contrary, a permit, variance, or
special exception may be granted for an unplatted lot zoned or used for
residential uses and on which exists a structure used for residential purposes,
to allow the expansion of said structure or the construction or expansion of an
accessory structure located on the same lot, upon the determination by the
Planning Director that the following conditions are met:
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a. The lot's configuration has remained unchanged since February 27, 2006;
b. The lot has frontage on a public road or a private road built to the City's
standards;
c. The total value of the work being permitted does not exceed fifty
thousand dollars ($50,000.00), as determined by the Building Official;
d. A survey of the lot prepared by a licensed surveyor for the State of Texas
is filed with the City of Pearland in hard copy and electronic form with the
following information:
1. the corners and boundaries of the lot;
2. the location of all existing structures and easements;
3. the location and width of all abutting rights -of ways; and
4. a floodplain statement for the lot;
e. Any public dedication required by the City is achieved by separate
conveyance to the City prior to the issuance of the permit; and
f. No such permit was issued for the subject lot in the three (3) years prior
to the issuance of the permit being sought.
(d) Subdivision Rules. The provisions of this Chapter 3, the standards governing water
and wastewater facilities applicable to plats in Chapter 30 of the City Code of
Ordinances, and the technical standards contained in the Engineering Design
Criteria Manual (EDCM), as adopted by the City Council and as may be amended
from time to time, constitute the subdivision rules of the City of Pearland, which apply
to applications for plat approval inside City limits and within the City's extraterritorial
jurisdiction.
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Section 3.12.2 Application Requirements
(a) Responsible Official. The Planning Director shall be the responsible official for a
Master Plat.
(b) Submittal. All applications shall be submitted on a form supplied by the Planning
Department with the required information as stated on the application form.
(c) Prior Approved Applications. An application for a Master Plat shall not be
approved unless all zoning amendments, including a request for a Planned
Development District, which are necessary 'to authorize the proposed uses have
been approved and remain in effect for the land included in the Master Plat. Where
applicable, approval of a Cluster Development Plan also is required prior to approval
of a Master Plat application. If the Cluster Development Plan includes details
regarding the phasing of the development, then no Master Plat will be required for
said development.
(d) Accompanying Applications.
(1) An application for a Master Plat may be accompanied by an application for
rezoning approval, including a request for a Planned Development District, or a
Cluster Development Plan, where applicable. The rezoning application and the
Cluster Development Plan shall be decided first. The applicant must execute a
waiver of the time period required for Master Plat approval.
(2) An application for a Master Plat may be accompanied by an application for
approval of a Preliminary Subdivision Plat or Preliminary Development Plat for
the first phase of the project, provided that the application for Master Plat shall
be decided first.
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Section 3.2.6.4 Specific Street Standards
(a) EDCM Standards Met. In addition to the requirements of the Engineering Design
Criteria Manual (EDCM), the requirements of the street standards in this Section
shall be met.
(b) Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that
are not shown on the City's Thoroughfare Plan, such as local residential streets, the
arrangement of such streets within a subdivision shall:
(1) Provide for the continuation or appropriate projection of existing streets or
street stubs from or into surrounding areas every twelve hundred feet
(1,200'), there shall be a projection that would allow for such continuation;
(2) Conform to any plan for the neighborhood approved or adopted by the City to
meet a particular situation where topographical or other conditions make
continuance or conformity to existing streets impractical;
(3) Provide for future access, such as by stubbing streets for future extension, to
adjacent vacant areas which will likely develop under a similar zoning
classification or for a similar type of land use; and
(4) Not conflict in any way with existing or proposed driveway openings
(including those on the other side of an existing or planned median divided
thoroughfare, in which case new streets shall align with such driveway
openings such that median openings can be shared).
(c) Discouragement of Through Traffic on Residential Streets. Residential collector
streets and local residential streets shall be laid out such that their use by "cut
through" traffic will be discouraged, with the development of a hierarchical street
system and such measures as circuitous routes or multiple turns or offsets, but such
that access is provided to adjacent subdivisions.
(d) Transitions of Right -of -Way Width. Wherever the right -of -way width of a
residential local or collector street must transition to a greater or lesser width, the
transition shall not occur within an intersection but within the street right -of -way so
that the right -of -way shall be the same on both sides of the street intersection.
(e) Residential Subdivisions Abutting or Containing Streets Classified as Major or
Minor Thoroughfares. Where a residential subdivision abuts or contains an
existing or proposed street which is or will be classified as a major or minor
thoroughfare, the Planning and Zoning Commission may require measures to
provide adequate protection of the residential properties and create separation of
through traffic from local traffic. These measures may include marginal access
streets, shared access driveways, reverse or double -lot frontage (lots which back on
the a major or minor thoroughfare or major collector), or deep lots with rear service
alleys. Where a lot is allowed direct access to a street classified as a major collector
or major or minor thoroughfare, said lot shall be greater than one acre in area, have
a shared access drive with the adjoining lot(s) if the lot has less than four hundred
feet (400') of frontage, and require the approval of the City Engineer. Lots which
existed in their present configuration prior to February 27, 2006 may be exempted at
the discretion of the City Engineer. Direct access to a thoroughfare from a
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residential lot shall be prohibited unless the lot is in an existing subdivision and has
no frontage or other means of access to another road.
Reserve Strips. Reserve strips controlling access to streets shall be prohibited
except where their control is required by the City and approved by the Planning and
Zoning Commission.
(g) Configuration Shall Reduce Minimal Offsets. Intersecting streets onto an
existing or future divided roadway must be configured such that the centerline offset
will accommodate the appropriate median opening and left -turn lanes (with required
transition and stacking distances) on each divided roadway, and shall be aligned with
any existing or proposed streets or driveways on the opposite side of the divided
roadway (in order to share the median opening).
(h) Intersections. A street intersection with a classification of secondary thoroughfare
or above shall be at a ninety degree (90 angle and shall be tangent to the
intersecting street for at least one hundred feet (100'). All other street intersections
shall be laid out so as to intersect as nearly as possible at a ninety degree (90
angle or radial to the centerline of the intersecting street for the full right -of -way width
of the intersecting street, and tangent to the intersecting street for at least fifty feet
(50'). No street shall intersect at an angle that is less than eight -five degrees (85
Right -of -Way Widths. Street right -of -way widths shall be as shown on the
Thoroughfare Plan and as defined by the corresponding roadway cross sections on
the Thoroughfare Plan and in the City's EDCM.
Half Streets. Construction of half streets shall be prohibited, except when essential
to the reasonable development of the subdivision in conforming with the other
requirements of this Code and the Thoroughfare Plan, and where the Planning and
Zoning Commission makes a determination that there is no immediate benefit to be
gained by constructing the full street section since no access from the street will be
needed by the subdivision in question. The Planning and Zoning Commission may
also find that it would be more practical, or cost effective, to delay construction of the
other half of a street until when the adjoining property is developed.
(k) Maximum Length of a Block or Street Segment. The maximum length of any
proposed block or street segment (including a looped street) shall be twelve hundred
feet (1,200'), except sixteen hundred feet (1,600') shall be permitted along major
thoroughfares, and the minimum length of any proposed block or street segment
shall be six hundred feet (600'), as measured along the street centerline and
between the point(s) of intersection with other through streets (i.e., not dead -end
streets or cul -de- sacs). Where no existing subdivision or topographical constraints
control, the blocks shall not be less than 600 feet in length. However, in cases
where physical barriers, nature of development, or property ownership creates
conditions where it is appropriate that these standards be varied, the length may be
increased or decreased at plat approval by the Planning and Zoning Commission to
meet the existing conditions having due regard for connecting streets, circulation of
traffic and public safety.
Maximum and Minimum Length of a Cul -De -Sac Street. A cul -de -sac, or
approved turn around, shall not be required for streets less than one hundred fifty
feet (150') in length and with no more than four (4) lots with frontage on each side of
(f
(1)
(i)
(1)
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that street upon determination by the City that there will be no adverse impact on
circulation of traffic and public safety. Cul -de -sac streets shall not exceed six
hundred feet (600') in length. The closed end of a residential cul -de -sac street shall
have a cul -de -sac bulb with an outside pavement diameter of at least eighty feet (80')
and a right -of -way diameter of at least one hundred feet (100'). The closed end of a
non residential cul -de -sac streets shall have a cul -de -sac bulb with an outside
pavement diameter of a least ninety feet (90') and a right -of -way diameter of one
hundred feet (100'). The length of the cul -de -sac shall be measured from the
centerline of the street intersection to the centerline of the cul -de -sac bulb.
Alternatives to cul -de -sac bulb may be accepted by the City Engineer when a
hardship exists.
(1) Exception: Dead -end streets with a turn around may be extended to a
maximum length of one thousand two hundred feet (1,200') if platted and
constructed with a minimum right -of -way of sixty feet (60') and a pavement
width of thirty -six feet (36'), measured from back -of -curb to back -of- curb), or if
an acceptable all- weather emergency access street fitted with a key box is
provided at the end of the cul -de -sac turnaround. All roadway and property line
diameters referenced above shall apply.
(m) Allowance for Overlength Streets or Cul -De -Sacs. The Planning and Zoning
Commission may approve overlength streets or cul -de -sacs up to seven hundred
and fifty feet (750') in length, whether temporary or permanent, upon considering the
following:
(1) If there are alternative designs that are feasible and that would, if used, reduce
the proposed overlength street or cul -de -sac;
(2) The effect of overlength streets upon access, congestion, delivery of municipal
services, and upon convenience to residents of the subdivision in traveling to
and from their homes; and
(3) Means of mitigation, including but not limited to additional mid -block street
connections, limitation on the number of lots to be served along an overlength
street segment or cul -de -sac, temporary (or permanent) points of emergency
access, and additional fire protection measures.
(4) Whether the allowance of such overlength street or cul -de -sac preserves the
spirit and intent of these regulations.
(5) Recommendation of the City Engineer.
(n) Dead -End Streets. Except when recommended by the City Engineer, no public
dead -end streets will be approved unless they are provided to connect with existing
streets (including stubbed -out streets) or future platted streets on adjacent land.
(1) In the case of dead -end streets which will eventually be extended into the
adjacent property, no more than one lot (per side) can front onto the dead -end
street stub unless a temporary turnaround bulb (with the appropriate temporary
street easement) is provided at the end.
(2)A temporary dead -end street shall not exceed the maximum allowed length of a
normal cul -de -sac, and the temporary turnaround bulb must be constructed like
a cul -de -sac, as provided in Subsection (I) above.
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(3)A note shall be placed on the final plat clearly labeling any temporary dead -end
streets (if any) that will at some point be extended into the adjacent property,
and signage shall be placed at the end of the constructed street stub, such as
on the barricade, also stating that the street may be and is intended to be
extended in the future. Signage and lettering must be large enough to be
legible by a person with normal vision at a fifty -foot (50') distance. Any
required temporary turnaround easements shall be shown on the final plat
along with their appropriate recording information, if they are off -site or
established by separate instrument.
(4) No dead -end private street shall extend further than seven hundred feet (700')
for multiple family developments.
(5) Permanent streets one hundred and fifty feet (150') or less in length (measured
from centerline of intersecting through street to end of paving) may be platted
as dead -end streets if no more than four (4) lots on each side adjoin the
proposed dead -end street. Streets providing access to more than four lots on
each side or more than one hundred and fifty feet (150') in length must have an
approved turnaround pursuant to Section 3.2.6.40) above.
(o) Names of Extensions of Existing Streets. New streets which extend existing
streets shall bear the names of the existing streets, and shall be dedicated at equal
or greater right -of -way widths than the existing streets for an appropriate transition
length, if applicable.
(p) Construction of Streets. All streets shall be constructed in accordance with paving
widths and specifications as set forth in the EDCM of the City of Pearland at the time
at which the preliminary plat application is officially submitted and deemed a
complete application.
(q) Street Grades and Horizontal Curves. Minimum and maximum street grades and
horizontal curves will conform to standards set forth in the EDCM.
(r) Pavement Widths and Rights -of -Way. Pavement widths and rights -of -way shall be
as follows:
(1) Major thoroughfare streets shall have a right -of -way width of at least one
hundred and twenty feet (120') with a pavement width of at least two (2) thirty
six -foot (36') sections with a fourteen- foot -wide (14') raised median.
(2) Secondary thoroughfare streets shall have a right -of -way width of at least one
hundred feet (100') with a pavement width of at least two (2) twenty- four -foot
(24') sections and a twenty- foot -wide (20') raised median.
(3) Primary collector streets shall have a right -of -way width of at least eighty feet
(80') with a pavement width of at least forty -four feet (44').
(4) Secondary collector streets shall have a right -of -way width of at least sixty feet
(60') with a pavement width of at least thirty -eight feet (38').
(5) Residential streets shall have a right -of -way width of at least fifty feet (50') and
a pavement width of at least twenty -eight feet (28').
(6) Rural lot (lot having an area of 0.625 acres or more) streets shall have a right
of -way width of at least seventy feet (70') with a pavement width of at least
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twenty -five feet (25'). Upon the approval of the City Engineer, the right -of -way
may be reduced to fifty feet (50') as long as ten foot (10') drainage easements
are provided on both sides of the right -of -way.
(7) Open ditches and asphalt streets are prohibited except in areas developed in
conformance with residential lot sizes that are one -half (1/2) acre or more in
size. Additional drainage easements may be required for streets with open
ditches by the City Engineer.
(s) Curbs and Gutters. Curbs and gutters, or ribbon curbs, where approved, shall be
installed in the subdivision on both sides of all interior streets and on the subdivision
side of all streets forming part of the boundary of the subdivision, according to the
EDCM.
(t) Street Names.
(1) New streets in a subdivision shall be named in a way that will provide continuity
of street names and prevent conflict or confusion with existing street names in
the City, in the City's extraterritorial jurisdiction or in a neighboring jurisdiction.
A proposed new street name is in conflict with this subsection where:
a. It duplicates or sounds phonetically similar to the name of a street already
in use within the City or the City's extraterritorial jurisdiction or designated
as a future extension in the current Thoroughfare Plan;
b. It differs from an existing street name in the City or the City's
extraterritorial jurisdiction by the addition of an auxiliary designation
including "avenue "way "boulevard etc.; or
c. The street to be named is an extension of or is in substantial alignment
with an existing street in the City, the City's extraterritorial jurisdiction or a
neighboring jurisdiction and the proposed street name is different from the
existing street name.
(2) Renaming of existing streets shall also be in accordance with this Section
3.2.6.4.
(u) Street Signs. Street signs shall be installed by the developer at all intersections
within and abutting the subdivision. These signs shall be of a type approved by the
City, and shall be installed according to City standards.
(v) Streetlights. Streetlights shall be installed by the developer at all intersections and
at the ends of cul -de -sacs, and shall have no greater distance than two hundred and
fifty feet (250') between them within or abutting the subdivision.
(w) Access Management. Access management standards and requirements related to
TxDOT roadways and City roadways shall be in accordance with the EDCM and
Chapter 3, Article 2, Division 7 (Driveways) of this Unified Development Code.
(x) Screening Along Roadways. Screening requirements for roadways shall be in
accordance with the zoning districts outlined in Chapter 2 of this UDC; or with
Chapter 4, Article 2, Division 2; or with Chapter 4, Article 2, Division 4, whichever is
most applicable.
(y) Pedestrian Connectivity. Pedestrian connectivity and access shall be provided
between subdivisions, schools, cul -de -sacs (i.e., bulb -to -bulb access) and park
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areas. In cases where a subdivision is constructed in a location that is adjacent to
another subdivision, pedestrian access shall be provided such that adjacent
development can connect to such access at a later date, when development occurs.
Gated subdivisions may be exempt from this requirement upon approval by the
Planning Director. Also refer to Section 3.2.11.1 (sidewalks).
(z) Conformance with the Comprehensive Plan. Streets and the layout of streets
shall be consistent with the adopted Comprehensive Plan, and specifically the
Thoroughfare Plan, to the furthest extent possible.
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Section 3.2.13.1 General
(a) Easements for New Development.
(1) For new development, all necessary on -site easements shall be established on
the Final Subdivision Plat or Final Development Plat and not by separate
instrument, and they shall be labeled for the specific purpose, and to the
specific entity if other than the City, for which they are being provided. Such
easements may be permitted to be established by separate instrument only in
limited circumstances, and only if requested by the entity providing services
with the easement, and only if permitted by the City Engineer.
(2) The ownership, maintenance, and allowed uses of all designated easements
shall be stated on the plat. Examples include, but are not limited to, the
following: a water, wastewater or drainage easement, which is dedicated to the
City for a water or wastewater line or for a drainage structure; an access
easement, which is dedicated to the public for unrestricted access purposes; a
fire lane easement, which is dedicated to the City and fire suppression and
emergency medical service providers for access purposes; and an electrical,
gas or communications easement, which is dedicated to the specific utility
provider that requires the easement; and so on.
(b) Encroachments. No structure or equipment shall be placed within any easement
dedicated pursuant to this chapter unless the person or entity wishing to place such
structure or equipment has first obtained written consent to encroach from all holders
of the right to use said easement. A wall, fence or screen shall be permitted over
any utility easement only if approved by the City Engineer and provided that the
easement remains fully accessible to the City for maintenance and repair purposes.
A wall, fence or screen shall be permitted over any drainage easement if the water
flow within the easement is not adversely affected by the wall, fence or screen. In
addition to all other remedies provided by Chapter 1, Article 2, Division 6 of this
Unified Development Code, the City may summarily remove any wall, fence or
screen erected in violation of this section, and the City shall not incur any liability or
assume any duty to compensate the owner or replace the wall, fence or screen.
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Section 3.2.13.2 Utility Easements
(a) Minimum Width.
(1) The minimum width for City utility easements shall be ten feet or as otherwise
required by the City Engineer or by the EDCM.
(2) The minimum width for City drainage easements shall be as required by the
City Engineer.
(3) The width of easements for other utility providers, such as for gas, electric,
telephone or cable television, shall be as required by that particular entity.
(4) It shall be the applicant's responsibility to determine appropriate easement
widths required by other utility companies. Wherever possible, easements
shall be centered on the property line or along front or side lot lines rather than
across the interior or rear of lots, particularly where no alleys will be provided
behind the lots.
(5) It shall be the applicant's responsibility to obtain approval of appropriate
easement widths for easements required by /for other entities, and to provide
proof of such approval to the City.
(b) Location. Within residential subdivisions, utility easements shall be provided only
where required by the City Engineer. "Wet" utility easements shall be provided along
the front of all lots platted pursuant to this chapter. "Dry" utility easements may be
provided along the rear of lots, if approved by the City Engineer. (See Chapter 5 for
definitions of "wet" utilities and "dry" utilities.)
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Table 4 -4
Required Landscaping By Land Use Type
Land Use
Percent Landscaped Area Required
Multiple Family
15
Office and Professional Uses
15
Mixed Use
15
Retail and Commercial
15
Industrial or Manufacturing
10
All Other Nonresidential Uses
10
Note: Percentages are based on the total gross lot area.
Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multiple
Family, Single Family Development
(a) Meaning of "Landscape Area Landscape area shall mean the area (greater than
one foot in width) within the boundary of a lot or parcel that is comprised of pervious
surface integrated with living plant material, including but not limited to trees, shrubs,
flowers, grass, or other living ground cover or native vegetation. For the purposes of
meeting the requirements of this division, undeveloped portions of the site cannot be
considered landscaped area. Landscaped areas shall be bounded by raised or
ribbon curbs.
(b) Establishment of Minimum Percentages. A minimum percentage of the total
gross lot area of property ,(excluding any required detention facilities) on which
development, construction or reconstruction occurs after the effective date of the
ordinance from which this division derives shall be devoted to landscape in
accordance with the requirements in Table 4 -4; provided, however, that these
requirements shall not apply to the development, construction or reconstruction of
single family detached residential structures.
(c) Minimum Requirements. The minimum landscape requirements shall be employed
in accordance with the Tree Preservation and Landscape Design Guidelines
(Guidelines) made a part hereof, to improve aesthetic appearance, to enhance the
compatibility of different land uses, and to mitigate negative environmental influences
on and uses (e.g. heat, noise, air pollution). Trees listed in Section 4.2.3.9 (e) with a
minimum two inch (2 caliper measured twelve inches (12 from the ground shall be
provided along street frontage(s) with the total caliper inches equal to one inch (1
for each fifteen feet (15') of frontage. Each required tree shall be planted in a
landscaped area of at least 36 square feet with a minimum dimension of six feet (6').
(d) Screening of Parking Areas. Landscaping shall be required for the screening of
parking areas from an abutting public right -of -way or adjacent property.
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(1) Front yard parking areas and side yard parking areas fronting on a street right
of way shall be screened from the right -of -way by a continuous hedge or berm.
(2) The side yard of any lot that contains a parking area abutting a property used
or zoned for a nonresidential use shall provide a screen of hedges, berms, or
fences so as to provide a screen for a minimum of thirty -five percent (35 of
the length of the parking lot. The required side lot screening may be grouped
and dispersed randomly.
(3) Screening between nonresidential and residential lots shall be provided in
conformance with Division 4 of this Article.
(4) The minimum number of shrubs shall be equal to the total caliper inches of
street trees required under this division multiplied by five (5). Shrubs and
berms shall be maintained at a height of no more than thirty -six inches (36
nor less than eighteen inches (18 as measured from the surrounding soil line.
(5) A nonresidential development that has a shared parking area with an adjacent
nonresidential development shall not be required to screen such shared
parking area in relation to the abutting side yard. The alternate side yard,
however, shall be screened in accordance with Subsection (d)(2) above.
(6) Each required tree and required landscaping shall be planted in a landscaped
area of at least 36 square feet with a minimum dimension of six feet (6').
(e) Interior of Parking Areas. Interior landscaping shall be required to be integrated
into the overall design of the surface parking area in such a manner that it will assist
in defining parking slots, pedestrian paths, driveways, and internal collector lanes, in
limiting points of ingress and egress, and in separating parking pavement from street
alignments.
(1) In addition to street trees required under Subsection (c) above, trees in Class 1
or 11 of the Guidelines with a minimum two inch (2 caliper shall be provided
within or adjacent to the parking area at tree islands that:
A. are at least nine feet (9') wide;
B. each have a square footage at least equal to the total area of one
parking space;
C. are located so that no parking space is further away than one hundred
feet (100') from a tree island.
(2) Tree islands must be protected from vehicle intrusion by curbs or similar
structures. Two feet (2') of the tree island may be counted as part of the
required depth of the abutting parking space.
(3) The total caliper inches shall equal one inch (1 for each five (5) parking
spaces.
(4) Caliper inches of street and parking lot trees may be provided by planting a
combination of trees that exceed the minimum two inch (2 caliper.
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(f) Large Tracts. On large tracts of land, exceptions to this division may be granted by
the Planning Director to require a lesser amount of landscaping if the aesthetic,
buffering and environmental intent of this division is met, and it is located along
rights -of -way or in strategic environmentally sensitive areas.
(g) Landscaping On -Site and Related Location.
(1) The landscaped area required by Section 4.2.2.4 shall be placed upon that
portion of a tract or lot that is being developed, except that upon approval of a
Conditional Use Permit authorizing such, the landscaping required herein may
be placed on an adjacent lot or tract owned by the same entity as the subject
property, with said placement documented by a written agreement approved by
the City Attorney and recorded in the real property records of the county in
75 ,of thereg
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(2) Seventy -five percent (75 of the area required by Table 4 -4 shall be installed
in between the front or side property lines and the building being constructed.
Clustering the remaining required landscaping along property lines abutting a
lower intensity land use is encouraged.
(3) Undeveloped portions of a tract or lot shall not be considered landscaped.
(h) Landscaping Within Parking Areas.
(1) No parking space shall be located more than one hundred feet (100') from a
portion of the required landscaping.
(2) Each landscape island within a parking lot shall contain a minimum square
footage equivalent to one parking space of pervious area, shall be at least nine
feet (9') wide, and shall allow at least three feet (3') between any trees within
the island and the edge of the island.
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(i)
(i)
Tree Credits. Tree credits shall be given pursuant to Article 2, Division 3 of this
Chapter of the UDC. No credit toward the landscaping required by this division shall
be given for trees required for mitigation pursuant to Section 4.2.3.7 of this UDC.
Landscaping Within Single Family Developments. The following are minimum
landscaping requirements for single family lots and developments.
(1) Tree By Lot Requirements: Each single family lot shall have two (2) large
shade trees placed thereon with a minimum two -inch (2 caliper, measured at
twelve inches (12 above the root ball, and a minimum six feet (6') in height at
the time of planting.
(2) Additional Requirements: Each single family lot shall have at least three (3) out
of the following four (4) options:
a. Two (2) ornamental trees a minimum six feet (6') in height at the time of
planting;
b. Four (4) evergreen shrubs, equal in size to at least a five- gallon-
container -size shrub;
c. Eight (8) small shrubs, equal in size to at least a two gallon- container -size
shrub; and
d. Solid vegetative ground cover or lawn for the entirety of the lot that is not
otherwise covered by building(s) and /or driveway area(s).
(3) Street Tree Requirements: In addition to the requirements in (1) and (2) above,
trees are required along all streets within single family developments as
follows:
a. Large shade trees with a minimum two -inch (2 caliper measured at
twelve inches (12 above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1 for each forty feet (40') of
frontage.
b. A minimum of sixty percent (60 of required street trees shall be
evergreen with year -round foliage.
c. At the time of planting, a minimum of eight feet (8') shall be provided
between a tree trunk and the back of any curb and between a tree trunk
and any planned or existing underground public utility lines.
d. At the time of planting, a minimum of twenty feet (20') shall be provided
between individual trees.
(k) Flag lots. Landscaping requirements for flag lots in commercial districts shall be
similar to other lots, and the frontage of the lot for the purpose of calculating
landscaping shall be the widest portion of the lot. Required street trees shall be
provided on site and in the front yard or along the pole portion of the lot.
(1) Location Exception. Developments located in M -1 and M -2 zoning districts and
Public Educational Facilities shall comply with all requirements herein regarding
quantity of landscaping, but are exempt from the requirement of locating landscaping
within landscape islands in the interior of parking areas.
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(m) Approved Trees. Only trees belonging to the species listed in Section 4.2.3.9 (e)
will satisfy the tree planting requirements of this section.
(n) Preservation Credit. Preservation of existing trees and shrubs may be given credit
towards required landscaping, at the discretion of the Parks Director.
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Section 4.2.5.9 General Exemptions
(a) Generally. Notwithstanding any other provision in this UDC to the contrary, the
following signs shall be exempt from all sign requirements contained in the UDC except for
location restrictions, unless modified below, and any requirement for the sign specifically listed
herein.
(b) Exemptions.
(1) Warning /Safety Signs. Signs that have as their sole purpose the protection of
life or property, including without limitation emergency exit, fire lane, or no
trespassing, are allowed so long as no advertising whatsoever is contained
thereon and they do not exceed two square feet (2 ft) in size.
(2) Utility Location Signs. Signs erected by a governmental entity or private utility
company to mark the location of utility transmission lines or similar facilities are
allowed so long as no advertising whatsoever is contained thereon and they do
not exceed two square feet (2 ft in size.
(3) On -site directional and informational signs not exceeding two square feet (2 ft
in size.
(4) Historical /Memorial Signs. On- premise attached or ground signs that
commemorate a person, event, or structure are allowed so long as no
advertising whatsoever is contained thereon and they do not exceed eight
square feet (8 ft in size.
(5)
Vehicle for Sale Signs. Signs placed on motorized vehicles advertising them
for sale are allowed so long as no other advertising whatsoever is contained
thereon and they do not exceed two square feet (2 ft in size or four signs per
vehicle.
(6) Outdoor Merchandise Display Signs. Signs affixed to outdoor equipment or
machinery such as vending machines or gasoline pumps with instructions for
use, or signs located immediately adjacent to merchandise displayed for sale
outdoors, are allowed so long as no other advertising whatsoever is contained
thereon and they do not exceed one square foot (1 ft in size.
(8)
Human Signs. Signs carried or wholly supported by humans are allowed so
long as they do not exceed thirty -two square feet (32 ft in size.
Flags. The official flags of any governmental entity are allowed so long as the
flag pole is no greater than thirty -five feet (35') in height if mounted on the
ground, or twelve feet (12') in height if mounted on top of a building, and the
flag does not exceed one hundred square feet (100 ft in size.
Unlit Political Signs. Political signs that are not lighted are allowed provided
they do not exceed eight feet (8') in height or thirty six square feet (36 ft in
area.
(10)Signs facing the interior of athletic stadiums or fields or facing the exterior of
athletic stadiums or fields operated by nonprofit organizations or governmental
entities.
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Section 4.2.1.2 Minimum Requirements Standards
(a) Minimum Requirements for Off Street Parking. Requirements are as follows:
(1) Parking on grass or other non -paved area in any zoning district is prohibited
except for agricultural machinery or equipment in the SD or RE zoning districts.
(2) For any multiple family, duplex, or townhome dwelling unit or condominium
where leasing offices are provided on the site, visitor parking must be provided
as per the office parking requirements outlined in this section. Where
clubhouses are provided on the site, appropriate off street parking must be
provided as per the eating and drinking establishments requirements outlined
in this section:
(3) For residence halls, fraternity buildings, and sorority buildings, additional
parking spaces may be required by the Planning and Zoning Commission for
fraternity and sorority buildings as a condition of the Site Plan approval where
the building does not provide permanent sleeping facilities for all members of
the organization.
(4) The requirements for schools shall not apply to private schools which do not
permit students to bring motor vehicles to the institution; however, the
educational institution shall be required to provide adequate off street parking
for faculty, administrative personnel, and athletic events including visiting of
parents or other personnel. Such requirements will be calculated based on the
applicable parking requirements for the individual uses.
(5) For any restaurant, eating and /or drinking establishment where permanent
outdoor seating areas including decks, patios, or other unenclosed spaces are
provided, those areas shall be included in the calculation of gross floor area
and total number of seats. Establishments having only outdoor dining
consisting of fewer than sixteen (16) seats shall provide a minimum of four (4)
parking spaces.
(6) In addition to required parking spaces, a day care center or pre elementary
school shall provide a driveway having a length sufficient for temporary parking
of at least three (3) vehicles whereby the temporary parking spaces do not
block access to the other required off street parking spaces. In lieu of the
driveway required herein, a day care center or pre elementary school located
within a development with shared parking, such as a multiple- occupancy center
or an integrated business development, may provide three (3) clearly
designated temporary parking spaces located not more than one hundred feet
(100') from the main entrance of the day care center or pre elementary school.
(7) Parking requirements for recreation and amusement facilities that have any
combination of the outdoor uses on the same premises shall be calculated
based on the sum of the minimum requirements for the individual uses
proportionate to the indoor and outdoor areas allocated for each use.
(8) For developments within Development plats, as permitted under Chapter 3,
Article 1, Division 4, where access and frontage is provided by access
easements, the following requirements will apply:
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a. Minimum access easement width of twenty -six feet (26');
b. Fifty feet (50') of separation between the adjoining street curb line and the
edge of the entrance to the first parking bay;
c. Twenty -four feet (24') aisle width between adjoining parking bays, or the
parking bay and edge of the parking lot;
d. Thirty -six foot (36') minimum depth of parking bays containing two rows of
parking;
e. Ten -foot (10') minimum width raised islands at each end of each parking
bay and along the both sides of access easement, separating the parking
bays from access easements or drive aisles; and
f. Four -foot wide sidewalks should be provided along both sides of all access
easements and at other areas designated for pedestrian access.
Access
Easement
26'
0'
Street
10' min.
Table 4 -1 Reserved
96 of 104
36'
5' Sidewalk
ROW
Property Line
(b) Minimum Requirements for Off Street Stacking. Off- street stacking requirements
for drive through facilities shall be as follows.
(1) A stacking space shall be an area on a site measuring eight feet (8') by twenty
feet (20') with direct forward access to a service window or station of a drive-
through facility which does not constitute space for any other circulation
driveway, parking space, or maneuvering area.
(2) For financial institutions with drive through facilities, each teller window or
station, human or mechanical, shall be provided with a minimum of five (5)
stacking spaces.
(3) For retail operations, other than restaurants, banks and kiosks that provide
drive -up service, including pharmacy and dry cleaners, a minimum of three (3)
stacking spaces for each service window shall be provided.
(4) For a full- service car wash, each vacuum or gas pump lane shall be provided
with a minimum of four (4) stacking spaces. For the finish and drying area,
adequate vehicle stacking and storage space must be provided to keep
finished vehicles out of circulation aisles, access easements, fire lanes and
streets.
(5) For each automated self- service car wash bay, a minimum of three (3) stacking
spaces, in addition to the wash bay itself, shall be provided. One stacking
space shall be provided at the exit end of each wash bay for window drying
and other detailing.
(6) For each wand -type self- service car wash bay, a minimum of two (2) stacking
spaces, in addition to the wash bay itself, shall be provided. One stacking
space shall be provided at the exit end of each wash bay for window drying
and other detailing, unless a separate area and shade structure is provided,
outside of circulation aisles, for these activities.
(7) For automobile quick -tube type facilities, a minimum of three (3) stacking
spaces shall be provided for each service bay in addition to the service bay(s)
itself.
(8) For restaurants with drive -thru service, a minimum of five (5) stacking spaces
shall be provided for the first (or only) window, and if applicable, a minimum of
two (2) stacking spaces for each subsequent window.
(c) New or Unclassified Uses. When a proposed land use is not classified in this
section, the parking requirements will be based on the minimum standard which
applies to a specified use which is most closely related to the proposed land use, as
determined by the Director, based on parking studies prepared by qualified
professionals.
(d) Parking on the Same Lot Required. Except as provided in Chapter 1, Article 1 for
circumstances that may be approved by the Zoning Board of Adjustment as a special
exception, all required off street parking spaces shall be located on the same lot or
tract as the principal use being served by the parking area. All required parking shall
be on a paved surface. In such cases where parking is located on a separate lot, the
following is required:
(1) The parking is provided on a separate, conforming parking lot located not more
than 500 feet away from the premises of the use for which parking
requirements the parking lot is fulfilling, and which shall be conveniently usable
without unreasonable:
a. Hazard to pedestrians;
b. Hazard to vehicular traffic;
c. Traffic congestion; or,
97 of 104
Table 4 -2
Table 4 -2
Square Feet of Aggregate
Required
10,000 to 40,000
1
40,001 to 100,000
2
100,001 to 160,000
3
160,001 to 240,000
4
240,001 to 320,000
5
320,001 to 400,000
6
400,001 to 490,000
7
For each additional 90,000 over
490,000, additional berth
1
d. Detriment to the appropriate use of other properties in the vicinity;
(2) A written agreement shall be drawn to the satisfaction of the City Attorney and
executed by all parties concerned, including the owner /agent of the principal
use utilizing the parking and the owner /agent of the lot on which the parking is
to be provided. Such written agreement shall assure the continued availability
of and access to (i.e., via an easement, etc.) the off street parking area for the
principal use it is intended to serve.
(e) Off Street Loading Requirements. In all zoning districts there shall be provided, in
connection with appropriate allowable uses, off street loading facilities in accordance
with the following: Any department store, industrial plant, manufacturing
establishment, retail establishment, storage warehouse or wholesale establishment,
which has an aggregate gross floor area of 10,000 square feet or more, arranged,
intended or designed for the use shall be provided with off street truck loading or
unloading berths at least 12 feet wide, 14 feet high and 35 feet long in accordance
with the following table. There shall be sufficient space to ensure that all
maneuvering required to utilize the loading space will not include street right -of -way.
98 of 104
Section 5,1.1.1 General Definitions
(a) General Definitions. The following definitions are intended to provide descriptions for
words and terms used within this UDC. Absent any conflict, words and terms used in
this UDC shall have the meanings ascribed thereto in this Chapter 5. When words and
terms are defined herein, and are also defined in other ordinance(s) of the City, shall
be read in harmony unless there exists an irreconcilable conflict, in which case the
definition contained in this Chapter 5 shall control. For any definition not listed in this
Chapter 5 of this UDC, the definition found within the latest edition of Webster's
Dictionary shall be used.
(36) AUTO REPAIR (MINOR): Minor repair or replacement of parts, tires, tubes and
batteries; diagnostic services; minor maintenance services such as grease, oil, spark
plug and filter changing; tune -ups; emergency road service; replacement of starters,
mufflers, alternators, hoses and brake parts; automobile washing and polishing;
performing state inspections and making minor repairs necessary to pass said
inspection; normal servicing of air conditioning systems; and other similar minor
services for motor vehicles except heavy load vehicles, but not including any operation
named under Automobile Repair (Major) or any other similar use.
(283) OFFICE, PROFESSIONAL AND GENERAL BUSINESS: An office or group of offices
used for the provision of executive, management, administrative services, or any other
vocation involving predominately mental or intellectual skills requiring postsecondary
education. Specifically excludes any activity involving sales of personal property and
veterinary clinics.
99 of 104
Residential Zoning Districts ';I
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Cll
:ate of Texas
'azoria and Harris Countie
AFFIDAVIT OF PUBLI
No. Date
"No. Date
No. Date
No. Date
No. Date
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
Lloyd Morrow, hereby certify that the notice hereby appended was published in
IE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
alveston Counties, for
issues, as follows:
ibscribe and sworn to befor me this_
dad
1
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
C.omrnist nExpin=s 09-09.2014
Exhibit "C
Publications
Ordinance No. 2000 -T -13
20/L__
20
20
20
20
Notary Public, State of Texas
O e o 3 0 0 0 b
Published August, 31,
NOTICE OF A JOINT
PUBLIC HEARING OF
THE,,. CITY COUNCIL
AND THE PLANNING'.'
AND, ZONING ':.:COM-
MISSION -;OF THE
CITY OF.PEAALAND
TEXAS
AMENDMENTS TO
THE UNIFIED DEVEL.,:
OPMENT CODE (UDC)
T•13;
Notice -.Is hereby given
that on September 19,,
2011 at 0:30 p m., the
City;- s._.Counoil and
Planning and Zoning
Commission of the City
of Pealand, in Srazoria,
Harris and Fort Bend
Counties„ Texas, ,;will
conduct: a joint .public.
hearing in the Council
Chambers of City Hall
located, at 3519 Liberty 6
Drive, Pearland,:,Texas,
on the request of the
City of:.Pearland, for
proposed amendments
(T- 13) .to; the Unified
Development Code;'
Ordinance No 2000T.
At said hearing ell inter-
estedparties shall have
the right and opportunity
to appear and be heard,
an the subject For
additional Information
please 'contact the
Planning Department at
281- 652 1768
LEGALS �I
Harold Ellis
Senior Planner
S. AFFIDAVIT OF PUBLICATION
The Peartand Reporter News
2404 Park Avenue
Pearland, Texas 77581
•
-• State of Texas • .
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
• Galveston Counties, for I issues, as follows:
No. / Date /0 -21 20 i(
No. D6ie 20
No. Date 20
No. Date 20
No. Date 20
/04/14-(24/
CFO
Subscribe and sworn to before me this .24 day of Oci
20
.
LAURA ANN EMMONS
NOTARYIffs
A STATE OF
My Commission Expires 09-09-2014,
. .
Laura Ann Emmons, Publisher
Notary Public, State of Texas r
3r\D)Juv\ouv1/4A0 B-c)-s° 6
_LEGALS LEGALS
THE CITY; HAVING A 2011.
SAVINGS CLAUSE, A
SEVERABILITY is/Tom Reid,May9r
CLAUSE, ° AND A
REPEALER CLAUSE; ATTEST:
PROVIDIING FOR Is/Young Lorfing,TRMC
jblished Oct.26,2011 CODIFICATION, PUB- City Secretary
j LICA'TION AND AN
RDINANCE NO.2000- EFFECTIVE DATE. APPROVED AS TO
13 FORM: .
PASSED and APPROV- Isl Darrin M.Coker
ORDINANCE OF ED ON FIRST READ- City Attorney
f IE CITY COUNCIL OF ING this the 10th day of -
HE CITY OF October,2011. VOTING RECORD
EARLAND, TEXAS, SECOND AND FINAL
;MENDING SELECT- PASSED and APPROV- READING OCTOBER
!D PROVISIONS OF ED ON SECOND AND 24.2011
THE UNIFIED DEVEL- FINAL READING this
'OPMENT CODE OF the 24th day of October, Voting "Aye" - Council-
- - members Owens, Sher-
man, Thompson, Harris
and Sherrouse.
Voting"No"-None.
Motion passed 5 to-0.
PUBLICATION DATE:
October 26,2011
EFFECTIVE DATE:
November 3,2011
PUBLISHED AS RE-
QUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
'PEARLAND,TEXAS.