Ord. 2000-T-15 2013-06-24 ORDINANCE NO. 2000-T-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED
DEVELOPMENT CODE; HAVING A SAVINGS CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, on the 20th day of May, 2013, 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 20th day of May, 2013, 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"; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. That certain provisions of the Unified Development Code are hereby
amended as shown in Exhibit "A" attached hereto and made part of hereof for all
purposes.
Section II. Savings. All rights and remedies, which have accrued in the favor
of the City under this Ordinance and its amendments thereto, shall be and are
preserved for the benefit of the City.
ORDINANCE NO. 2000-T-15
Section III. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional 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 IV. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section V. 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 VI. 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 2000-T-15
ORDINANCE NO. 2000-T-15
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of June,
2013.
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TOM REID
ATTEST: ,,,., MAYOR
/i 1,1).#210:4YJlNG L�J;'FING, TC
FSEC'ETARY /
PASSED, APPROVED, and ADOPTED on Seconi and Final Reading this 24th
day of June, 2013.
. ini
GREG HILL
MAYOR PRO—TEM
ATTEST:
•
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Y S RETARY
AP ROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 3 of 3
Ord No 2000-T-15
Ordinance No. 2000-T-15
Exhibit "A"
Section 4.2.5.3 On-Premise Ground Signs
(a) Applicability. An on-premise ground sign shall be permitted only on lots with one
(1) use or business. A multi-tenant sign shall be required on lots with more than one
(1) use or business in conformance with Section 4.2.5.4.
(b) Standards. Permanent on-premise ground signs are subject to the following
standards:
(1) Number Allowed: The number of on-premise ground signs on one (1) site is
limited to one (1) per street frontage of at least one hundred feet (100'). The
following are not counted in this limitation:
a. Additional directional signs up t o two (2) square feet in area each,
provided the number of these signs does not exceed the number of
driveways; and,
b. Subdivision, Builder, or Model Home Signs as described in (b) (5).
c. Subdivision identification signs as described in (b) (6).
d. For Sale/Lease signs as described in (b) (8).
e. Construction signs as described in (b) (9).
f. Business Opening signs as described in (b) (10).
g. Holiday signs as described in (b) (11).
h. Special event signs as described in (b) (12).
i. Marquee signs as described in (b) (13).
j. Government signs as described in (b) (14).
(2) Maximum Height: The maximum height of any on-premise ground signs shall
not exceed eight feet (8') (refer to Figure 4-6 on the following page).The portion
of the base of the sign within two feet (2') of the grade of the ground shall not
be included in the height calculation.
(3) Maximum Sign Area:
a. The maximum effective sign area per side per sign shall not exceed the
following:
1. MF, MH and OP zoning districts—thirty-five (35) square feet;
2. NS zoning district—fifty (50) square feet;
3. GB zoning district—seventy-five (75) square feet;
4. BP-288, GC, M-1, and M-2 zoning districts — one hundred (100)
square feet;
5. Mixed use districts (SPD, C-MU, G/O-MU, and 0 T) — unless
otherwise specified within the SPD or OT regulations, fifty (50)
square feet for nonresidential uses; not permitted for residential
uses;
6. Planned Developments (PD) — as specified on the Site Plan, if
different from the base zoning district;
7. Non-residential uses in residential districts — thirty two (32) square
feet. Other signs in residential districts are prohibited except where
expressly allowed under this UDC.
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Measuring the Height of a Sign Measuring the Effective Sign Area
b. The effective area shall be measured from the highest point on the sign to
the elevation of the center of the base of the sign by the width at the
highest point (refer to Figure 4-7). Changeable message signs or
marquee signs may be part of a ground sign, but shall not cover more
than seventy-five percent (75%) of the effective area.
(4) Location: No ground sign shall be closer than five feet(5')to any property line.
(5) Subdivision, Builder, or Model Home Sign: A sign advertising a new residential
subdivision under active construction and sales or a model home therein shall
be allowed subject to the following conditions:
a. The sign must be I ocated on: (1) a lot on which a model home is
located; or (2) a lot, tract, or reserve that is not intended for sale and
the maintenance of which is the responsibility of the builder,
developer, or homeowners association.
b. The sign may not exceed ten feet (10') in height or thirty-two square
feet(32 square feet) in area per sign face.
c. Only one sign in this category is allowed per three hundred feet
(300') of local street frontage. Signs on model home lots do not count
against this limit.
d. "Active construction and sales" means: (1) the subdivision has lots
for sale; (2) there is at least one (1) pending building permit for new
construction of a home within the subdivision; and (3) there is a model
home in the subdivision open during regular business hours where
potential buyers may review and select available home floorplans,
options, and upgrades.
e. All signs erected pursuant to this subsection must be removed within
five (5) years.
(6) Subdivision Identification Siqn: A permanent subdivision identification(s) sign
that is a maximum of one hundred and twenty (120) square feet in area per
sign may be di splayed on pr ivate property at a s treet entrance to the
subdivision, in addition to other ground signs permitted by this division. The
sign is subject to the following:
a. The size, material, and location of the sign shall be i ndicated on t he
construction plans for the subdivision;
b. A "Reserve" shall be shown on the Final Subdivision Plat or Final
Development Plat, indicating the location of the sign; and,
c. There shall not be more than two (2) such signs per street entrance to the
subdivision.
(7) Electronic Changeable Message Sign (ECMS): An electronic changeable
message sign, including electronic message board signs and electronic scrolling
signs, that conforms to the size and locational requirements of this Section shall
be permitted with adherence the following:
a. A monument sign may include either an electronic changeable message
board sign or a scrolling sign, but not both, with the following restrictions:
1. Each message displayed on an electronic changeable message board
sign must be static or depicted for a minimum of four(4) seconds
before any change to the screen display may occur (such as a new
display or message is shown). The change from one screen display
to the next shall be instantaneous, except that a fading transition of
less than one (1) second is allowed between displays.
2. Messages displayed on a scrolling sign are permitted, and must
conform to the minimum of two (2) seconds static display with a
maximum scrolling transition time of one (1) second.
3. Screens which change at a more rapid rate will be considered flashing
and are prohibited. Scrolling messages designed to resemble flashing
signs are also prohibited. All other animations, including videos,
flashing/blinking, and other visual motion effects, are not permitted.
No content may resemble any sort of traffic control, warning, or
regulatory device in its shape, symbol, text, or effects.
b. The Electronic display (i.e., changeable message) portion of an electronic
changeable message board sign shall not exceed twenty-five (25) percent
of the total allowable effective sign area. For scrolling signs the height of
the scrolling display area shall not exceed twelve inches (12").
c. There will be no restriction of color use for any ECMS, with the exception
that scrolling signs shall be limited to two colors, one color for the
background and the second color for the message.
d. The addition of any flashing display (i.e., changeable message)to any
nonconforming sign is prohibited.
e. All new ECMS (message boards and scrolling) shall be equipped with
automatic dimming technology that adjusts brightness in direct correlation
with ambient light conditions. Existing electronic signs (message boards
and scrolling) that lack this technology shall be required to conform to this
requirement if they are enlarged, replaced, upgraded, or modified in any
other manner except for repair or routine maintenance.
f. No ECMS, pre-existing or new, shall exceed a brightness level of three-
tenths(0.3) of a foot candle above ambient light as measured using a foot
candle meter at a preset measuring distance from the sign face.
Measuring distance shall be determined by taking the square root of the
product of the electronic display portion of the sign area and one hundred.
Example: For a 12 square foot sign, measuring distance = N1(12 x 100) =
34.6 feet from the sign.
(8)For Sale/Lease Sign: A sign advertising that certain real property or a portion
thereof is for sale or lease shall be allowed subject to the following conditions:
a. The sign may not contain any message unrelated to the property's being
for sale or lease.
b. For nonresidential properties, the sign may not exceed six feet (6') in
height or thirty-two square feet (32 ft2) in area per sign face. Fo r
residential properties, the sign may not exceed four feet (4') in height or
six square feet (6 ft2) in area per sign face.
c. Only one such sign is allowed per parcel of real property.
(9)Construction Sign: A sign placed on non-residential real property undergoing
construction or within one month before the commencement of construction
shall be allowed subject to the following conditions:
a. The sign may only identify the principal parties to the construction,
including without limitation the contractor, architect, engineer, and any
lending institution, and may not contain any other advertising.
b. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
c. Only one such sign is allowed per street frontage of the property, with a
maximum of two per property.
(10)Business Opening Sign: A sign placed on non-residential real property
announcing the opening for business of the non-residential use located thereon
shall be allowed subject to the following conditions:
a. The sign must be displayed continuously for not more than ninety (90)
days during the permissible display period beginning upon issuance of
the building permit and ending one month after issuance of the certificate
of occupancy for the use.
b. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
c. Only one such sign is allowed per street frontage of the property, with a
maximum of two per property.
(11)Holidav Sign: Signs placed on real property acknowledging, observing, or
celebrating a recognized national, state, or local holiday without containing any
other advertising shall be allowed subject to the following conditions:
a. The signs may not be displayed for more than a total of ninety (90) days
per calendar year.
b. The sign may not exceed twelve feet (12') in height or sixty-four square
feet (64 ft2) in area per sign face.
c. Only two of such signs are allowed per street frontage for non-residential
properties, with a maximum of four per property. There is no limit on
number for residential properties.
(12)SDecial Events Sign: Signs advertising a special event sponsored by a non-
profit organization, charitable group, or civic club and placed on real property
where said event is to take place shall be al lowed subject to the following
conditions:
a. The signs may not be displayed more than fourteen (14) days before, or
five (5) days after, the event.
b. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
c. Only one such sign is allowed per street frontage, with a maximum of
three per property.
(13)Marquee Sign: Signs located on the premises of a religious, educational, or
other noncommercial institution, which function solely to disseminate
information about events, programs, or announcements related to the
institution's purpose or function shall be allowed subject to the following
conditions:
a. The sign may not exceed six feet (6') in height or thirty-two square feet
(32 ft2) in area per sign face.
b. Only one such sign is allowed per property.
(14)Government Sign: Signs erected by an ent ity of the state, county, or local
governments and c ontaining only information or advertising related to that
entity's governmental function shall be al lowed subject to the following
conditions:
a. The sign may not exceed twelve feet (12') in height or one hundred and
fifty square feet (150 ft2) in area per sign face.
b. Only two such signs are allowed per street frontage of the property.
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 i rreconcilable 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.
SIGN, ALLOWABLE EFFECTIVE AREA: The maximum effective sign area as
allowed by the UDC, as measured from the highest point on the sign to the elevation
of the center of the bottom of the sign (excluding base) by the width at the widest point
(refer to Figure 4-7). The highest point and the width shall be inclusive of all supports
and framing.
SIGN, ANIMATED: A sign with any visual effect of a light source which causes the
perception of movement of graphics or text.
SIGN, ELECTRONIC CHANGEABLE MESSAGE: Any sign with a fixed or changing
display/message composed of a series of lights that may be changed through
electronic means. Includes Electronic Changeable message board and scrolling
signs.
SIGN, ELECTRONIC CHANGEABLE MESSAGE BOARD : Any sign with a fixed or
changing display/message composed of a series of lights that may be changed
through electronic means.
SIGN, FLASHING/BLINKING: Sign with a type of animation characterized by cyclical
switching of visual content or colors between on and off states in rapid successive
increments of less than four(4) seconds.
SIGN, SCROLLING: Sign with a type of animation which causes displayed text or
graphics to move continuously up, down, or across the screen, so that a line of text or
graphics appears at one edge of the screen for each line that moves off the opposite
edge.
SIGN, TOTAL EFFECTIVE SIGN AREA: The total effective area provided by a sign,
measured from the highest point on the sign to the elevation of the center of the
bottom of the sign (excluding base) by the width at the widest point (refer to Figure 4-
7). The highest point and the width shall be inclusive of all supports and framing.
Definitions -
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Measunrrg the Height of Sign Measunrrg the EffectiveSign Arec
, `pfQ Ordinance No. 2000-T-15
`o ,= ;, t Exhibit "B"
TE X AS
Planning & Zoning Commission
Recommendation Letter
May 30, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2013-04
Honorable Mayor and City Council Members:
At their meeting on May 20, 2013, the Planning and Zoning Commission considered the
following:
Proposed amendments to the Unified Development Code regarding electronic
signs.
P&Z Commissioner Ginger McFadden made a motion to approve with the following
conditions, and P&Z Commissioner Daniel Tunstall seconded.
1. Add a requirement that all existing signs (scrolling and message boards) meet
the brightness level requirement upon adoption of this amendment.
2. Add that flashing and blinking signs should address cyclical switching of colors,
in addition to visual content, between on and off stages.
3. Add clarifications in definitions and diagrams regarding measurement of signs.
4. Add that all existing signs should meet the automatic dimming requirement if
they are enlarged, replaced or upgraded.
The vote was 6-0 and the motion passed.
Sincerely,
Lata Krishnarao, AICP, LEED AP ND
Community Development Director
On behalf of the Planning and Zoning Commission
AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD MAY 20, 2013, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
I. CALL TO ORDER
II. PURPOSE OF HEARING
UDC Amendement T-15
Consider proposed amendements to the Unified Development Code regarding
electronic signs.
III. STAFF REPORT
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance,
please call Young Lorfing, City Secretary, at 281-652-1655 prior to the
meeting so that appropriate arrangements can be made.
Apor: ,. i,
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IMIntall
Ttat JOINT PUBLIC HEARING AGENDA ITEM
Electronic Signage
May 20, 2013
Proposed update to the Unified Development Code (UDC) regarding Electronic Signs.
APPROVAL PROCESS: After this Joint Public Hearing, the amendment will be
considered as follows:
Planning and Zoning Commission: May 20, 2013*
City Council for First Reading: June 10, 2013*
City Council for Second Reading: June 24, 2013*
(*dates subject to change if action on the item is postponed)
SUMMARY
The Chamber of Commerce has been working with staff to amend the regulations
regarding electronic signs. A workshop was held in February and March with the City
Council in this regard. A visual demonstration of the existing requirements and
proposed changes was held on May 10, 2013. Several changes have been proposed
to the current regulations regarding Electronic Changeable Message Signs (ECMS), as
shown below. The additions are shown in red, and deletions are stricken out.
In summary, the amendments include the following:
1. Type:
Permit either scrolling sign or changing message sign on one monument
sign, with the following restrictions:
JPH 05-20-13
Page 1
a. For changing message signs, reduce the minimum static time from six (6)
seconds to four (4) seconds and allow fading/ cross fading transition of
less than 1 second.
b. Permit scrolling signs that are not taller than 12" with a minimum static
display of 2 seconds and scrolling transition of not greater than 1 second.
2. Color:
a. For changing message signs remove restriction on colors and allow more
than one color. Currently, the flashing display (i.e., changeable message)
portion is limited to one (1) color, and limited to white, gold, yellow, red,
blue, or green.
b. For scrolling signs, limit the colors to two - one color for letters and one for
the background.
3. Require that all Electronic Changeable Message Signs (ECMS) are equipped
with automatic dimming technology.
4. Require that ECMS shall not exceed a brightness level of three-tenths (0.3) of a
foot candle above ambient light.
5. Existing non-conforming signs that are not equipped with dimming technology
and are limited to one color are exempt from dimming requirement.
6. Add the following definitions:
(369) SIGN, ANIMATED: A sign with any visual effect of a light source which
causes the perception of movement of graphics or text.
(376) SIGN, FLASHING/BLINKING: Sign with a type of animation
characterized by cyclical switching of visual content between on and off states
in rapid successive increments of less than two (2) seconds.
(392) SIGN, SCREEN TRANSITION: A type of animation used to transition from
one message to another and lasting less than 1 second.
(393) SIGN, SCROLLING: Sign with a type of animation which causes
displayed text or graphics to move continuously up, down, or across the screen,
so that a line of text or graphics appears at one edge of the screen for each line
that moves off the opposite edge.
JPH 05-20-13
Page 2
PUBLIC NOTIFICATION: A legal notice of public hearing was published in the local
newspaper.
OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Staff has received one
letter from Keep Pearland Beautiful that has been attached.
STAFF RECOMMENDATION: It is staffs opinion that the majority of the proposed
changes will be beneficial to the business community and will not have any negative
impacts to the city in general.
These changes will address the two different types of electronic signs that have been
discussed over the past few months - the scrolling signs as well as the electronic
boards. Addition of the scrolling sign as a permitted sign, as proposed, will bring some
existing signs into conformance.
It is staffs belief that these changes will not negatively affect the Scenic City guidelines,
and will not hinder the City's quest to attain platinum certification in the future.
With the new requirements on brightness and clarification of transition time, the
changes will have a positive impact on safety and aesthetics.
For these reasons, staff is in favor of these changes.
SUPPORTING DOCUMENTS:
• Proposed changes
• Letter from Keep Pearland Beautiful
• Scenic City score sheet
JPH 05-20-13
Page 3
Proposed Changes
Unified Development Code
Proposed changes to regulations regarding Electronic Changeable Message Signs
Additions are shown in red, deletions are stricken out.
Chapter 4
Section 4.2.5.3 (b)
(7) Electronic Changeable Message Sign (ECMS): An electronic changeable message sign that
conforms to the size and locational requirements of this Section shall be permitted with
adherence the following:
a. Each monument sign shall include either an electronic changeable message sign or a
scrolling sign with the following restrictions:
1. Each message displayed on an electronic changeable message sign must be
static or depicted for a minimum of six(6)four(4) seconds before a new screen
or message is displayed, with fading transition of less than one (1) second.
2. Messages displayed on a scrolling sign are is permittedrlaut and must also
conform to the minimum of sib two (2) seconds static display with a maximum
scrolling transition time of one (1) second.
3. Screens which change at a more rapid rate will be considered flashing and are
prohibited. Scrolling messages designed to resemble flashing signs are also
prohibited. All other animations, including videos, flashing / blinking, and other
visual motion effects, are not permitted. No content may resemble any sort of
traffic control, warning, or regulatory device in its shape, symbol, text, or attention
getting effects.
b. The flashing display/Electronic display (i.e., changeable message) portion of an
electronic changeable message sign shall not exceed twenty-five (25) percent of the total
allowable effective sign area. For scrolling signs the height of the scrolling display area
shall not exceed 12" inches.
determine whether proposed colors conform to these colors. There will be no restriction
of color use for any ECMS, with the exception that scrolling signs shall be limited to two
colors, one color for the background and the second color for the message.
d. The addition of any flashing display(i.e., changeable message) to any nonconforming
sign is prohibited.
e. All ECMS shall be equipped with automatic dimming technology that adjusts brightness
in direct correlation with ambient light conditions. Existing electronic signs that lack this
technology need not conform to this requirement. Existing scrolling signs limited to one
background color and one color for messages are also exempt from this dimming
requirement.
f. No ECMS shall exceed a brightness level of three-tenths (0.3) of a foot candle above
ambient light as measured using a foot candle meter at a preset measuring distance
JPH 05-20-13
Page 4
from the sign face. Measuring distance shall be determined by taking the square root of
the product of the electronic display portion of the sign area and one hundred.
Example: Fora 12 square foot sign, measuring distance = ' (12 x 100) = 34.6 feet from
the sign.
Existing signs that lack this technology need not conform to this requirement.
Chapter 5
Add the following definitions.
(366) SIGN: Any object, device or display facing the exterior (outdoors), which is
used to inform or give direction or to advertise or identify a person, organization,
business, product, service, event or location by any means, including words, letters,
numbers, symbols, figures, or illumination.
(367) SIGN, ALLOWABLE EFFECTIVE AREA: The effective area shall be measured
from the highest point on the sign to the elevation of the center of the base of the sign by
the width at the highest point (refer to Figure 4-7). The highest point and the width shall
be inclusive of all supports and framing.
(368) SIGN COPY: The letters, numbers, symbols or geometric
shapes, either in permanent or changeable form, on the surface of a sign.
(369) SIGN PERMIT: A City-issued permit that authorizes the display, erection,
rebuilding, expansion or relocation of any on-premises or off-premises sign and that
conforms to Chapter 4, Article 1, Division 2, Section 4.1.2.6 of this UDC.
(370) SIGN, ANIMATED: A sign with any visual effect of a light source which causes
the perception of movement of graphics or text.
(371) SIGN, ATTACHED: Any sign attached to, applied on or supported by any part
of a building or accessory structure, including awnings and other similar
permanent attachments to the buildings. Also may be referred to as "building sign".
(372) SIGN, BILLBOARD: A, off-premise sign which is subject to regulation
under the provisions of the Federal Highway Beautification Act, 23 U.S.C.A.
Section 131 et seq., as amended.
(373) SIGN, BLADE: A non-illuminated panel sign with dimensional copy suspended
from a decorative bracket attached to the building, typically upon a merchant's
storefront, permitted for occupant identification purposes only, and limited to 1 blade
sign per public entrance where public foot traffic occurs, and limited to two square
feet per face.
JPH 05-20-13
Page 5
(374) SIGN, BUILDER/SUBDIVISION: Any sign that advertises 1) a new
subdivision for the purpose of selling lots, land, and/or buildings and/or 2) a builder(s)
that has lots, land, or buildings for sale. Such sign may or may not be directional.
(371 SIGN, COMMUNITY INFORMATION: Any sign which promotes items of
general interest to the community including time, temperature, date, atmospheric
conditions and upcoming noncommercial events or charitable causes.
(371) SIGN, ELECTRONIC CHANGEABLE MESSAGE: Any sign with a fixed or
changing display/message composed of a series of lights that may be changed
through electronic means.
(377) SIGN, FLASHING/BLINKING: Sign with a type of animation characterized by
cyclical switching of visual content between on and off states in rapid successive
increments of less than four (4) seconds.
(378) SIGN, FREESTANDING: An on-premise sign which advertises an
establishment and is located on the premises owned or controlled by said
establishment, which is supported by a single vertical support anchored or set into the
ground.
(379) SIGN, GROUND: Also referred to as a Monument Sign. A sign which is
supported by one (1) monolithic structure which is not less in width than one-half
(1/2) the maximum sign height, set upon the ground and is not part of a building,
including ground signs that advertise for more than one occupancy on the premises
(multi-tenant).
(380) SIGN, ILLUMINATED: A sign exposed to artificial lighting by light sources
located on or in the sign or specifically directed toward the sign.
(378) SIGN, MARQUEE: A sign with slots or wires for inserting individual letters so
that a message about products sold or services provided on the same premises
may be changed.
(381) SIGN, MONUMENT: See Ground Sign.
(382) SIGN, MULTI-TENANT: An on-premise sign with the name of the primary
on-site facility and a list of the individual stores or businesses mounted on such
sign. Examples include signs describing a mall arrangement, a shopping center
development, and industrial park complex, or a complex of buildings with a unifying
name and group of businesses.
(383) SIGN, MULTI-USER: A ground sign used to advertise more than two (2)
businesses that are part of an integrated business development. A multi-user sign
shall be located on the premises of one of said businesses, but shall be allowed to
be off- premise signage as to the other businesses that are part of the integrated
business development.
(38 1) SIGN, NON-COMMERCIAL or NON-BUSINESS: A sign with a message that
does not contain or convey commercial context or information or advertising for
any business, commodity, service, entertainment, product or other attraction or event.
JPH 05-20-13
Page 6
(385) SIGN, NONCONFORMING: means any sign lawfully existing on the effective
date of the ordinance from which the sign regulations in this Unified Development
Code derive which does not conform to all the standards and requirements of this
Unified Development Code.
(386) SIGN, OFF-PREMISE PORTABLE: An off-premise sign which is also a
portable sign.
(387) SIGN, OFF-PREMISE: A sign displaying advertising copy that pertains
to a business, person, organization, activity, event, place, service, or product
not principally located or primarily manufactured or sold on the premises on which
the sign is located.
(388) SIGN, ON-PREMISE: A sign displaying advertising copy that pertains to a
business, person, organization, activity, event, place, service, or product principally
located or primarily manufactured or sold on the premises on which the sign is located.
(389) SIGN, PERMANENT: A sign designed to be anchored to the ground, a
building or other structure for the duration of the use of the premises.
(390) SIGN, POLITICAL: A sign that contains primarily a political message and
that is located on private real property with the consent of the property owner.
(391) SIGN, PORTABLE: Any sign designed or constructed to be easily moved
from one location to another, including, but not limited to, signs mounted upon or
designed to be mounted upon a trailer, bench, wheeled carrier, A-frame, or other non-
motorized mobile structure; a portable sign which has its wheels removed shall
still be considered a portable sign hereunder. For the purpose of this definition,
trailer signs and signs on benches are "portable signs".
(392) SIGN, REAL ESTATE: A sign which has the purpose of advertising for sale a
parcel of real property or an estate in land, including rentals.
(393) SIGN, SCREEN TRANSITION: A type of fading animation used to transition from
one message to another and lasting less than 1 second.
(394) SIGN, SCROLLING: Sign with a type of animation which causes displayed text or
graphics to move continuously up, down, or across the screen, so that a line of text or
graphics appears at one edge of the screen for each line that moves off the opposite
edge.
(395) SIGN, SUBDIVISION IDENTIFICATION: Any sign that is a permanent
sign identifying an entrance to a residential or nonresidential (e.g., office
park) subdivision.
(396) SIGN, SUSPENDED: Signs which hang or are suspended from any
projecting element off the facade of the building. This can include Blade Signs.
(397) SIGN, TEMPORARY: Any sign constructed of cloth, canvas, light fabric,
cardboard, wallboard, plywood, or other light materials with short life expectancies. A
portable sign shall not be considered a temporary sign.
JPH 05-20-13
Page 7
4445
EAS!
Planning and Zoning
•
City of Pearland
q UY% **v 3519 Liberty Dr.
Pearland,TX.77581
'Striving for A Q11311 Commonly'
May 7, 2013
3519 Liberty Drive
Pearland,Texas 77581 Dear Planning and Zoning Commissioner,
281-652-1659
www.mykpb.org Keep Pearland Beautiful continues to support local business as a means
to build a stronger community, and recognizes that electronic signs are
I useful and purposeful. Representing our community's interest in
promoting economic growth and improving the quality of life for our
citizens, KPB asks the city to carefully evaluate any proposed changes to
the current city electronic sign ordinance in keeping with Texas Scenic
Board of Directors: City criteria for electronic sign regulation.
Laura Austin Though Keep Pearland Beautiful has no strong objections to the
Debbie Cooley proposed changes in the use of color, addition of dimming technology,
prohibiting flashing signs, and maintaining the current display ratio of
Kathy Duplissey 25%, we believe that the other proposed changes compromise the
Richard Eskuchen quality of life and safety of our community.
Delores Fenwick
As a Gold Level Scenic City, Pearland strives for Platinum certification,
Kendrick Gray
and the modifications to the electronic sign ordinance would jeopardize
Janice Hallisey our ability to maintain even a Gold Level Certification. Decreasing the
Theresa Jordan static or scrolling message transition for electronic signs to less than 6
JoAnne Knodel seconds violates the Scenic City electronic sign criteria and will
compromise our city's Gold certification. As it stands, Pearland was
Cassie Mitchel awarded the minimum number of points (270) for Gold Level
Elizabeth Miller Certification and it is unlikely those points awarded for the current
Billie Jo Moffett electronic sign ordinance can be made up in other parts of the
Jeremy Perrine application.
Kay Powers It is our belief that the current ordinance in the Unified Development
Susan Sherrouse Code provides Pearland the best opportunity to pursue Platinum Level
Erin Steele Certification as well as deliver the quality of life that residents and the
business community can be proud of and deserve.
Helen Todd
Shelley Whistler Keep Pearland Beautiful shares in the same goals to drive economic
Marjorie Wilcoxson development, improve quality of life, and support local businesses in the
Pearland community.Thank you for your continued efforts to help Keep
Pearland Beautiful fulfill its vision and make Pearland one of the
cleanest,most beautiful cities in Texas!
Affiliate of:
Keep Texas Beautiful Sherwin Sun
Keep America Beautiful Executive Director
0 Proud on n.la1 paper
■■■
Scenic City
CERTIFICATION PROGRAM
Pearland Appeal Score Sheet
Platinum Level Certification: 304+Points(90+%of possible points)
Gold Level Certification: 270-303 Points(80-89%of possible points)
Silver Level Certification: 236-269 Points(70-79%of possible points)
Bronze Level Certification: 202-235 Points(60-69%of possible points)
Certified: 169+Points(50-59%of possible points)
Possible Points
Points Awarded Comments
GRAND TOTAL 338 270 Gold
t Streetscape: protection of native and established trees, 1 30 29 I
landscaping and sidewalks
1 Trees and landscaping along major roadways,city streets,street 5 5
medians and in parking lots are required. [Mandatory requirement]
2. Require upkeep of landscaping to ensure viability of plants. 5 , 5
3. Landscape requirements apply to all public,private and institutional 5 5
developments and shall be installed in a sound manner and in
accordance with accepted good planting procedures.
4. Landscaping and screening installed to be installed as part of project 5 • 5
construction. Existing landscape areas to be retained shall be protected
from vehicular encroachment during and after the construction phase by
appropriate barriers.
5. Sidewalks required to be a minimum of 5 feet in width;8 feet in transit 1 5 4 Does not meet scenic standards for 10ft.wide sidewalks
corridors; 10 feet in downtowns and high-density areas. Sidewalks must I downtown in high density areas.
be maintained in good condition and have a buffer strip with a minimum
width of 2 feet.
6.Please describe your enforcement program: Provide information 5 5
regarding enforcement,budget and FTE.
2. Parks Trails and Public Spaces 36 20
1. Provide a comprehensive system of parks,greenbelts and open 5 3 Able to verify park acres and population online.Complies
space that is compatible with the environment and conducive to with national standards:however,no evidence provided
residential neighborhoods,and meets national standards of 10 acres per concerning the establishment of comprehensive park
1,000 population. systems,environmental compatibility,and residential
neighborhood.
2. Parks contain a significant number of amenities including trees, 5 5 Appeal Granted
benches,playgrounds,etc.which are maintained to good condition and
have security features(anti-theft devices,safety for parking areas and
trails,etc.).
3. There exists a park set-aside ordinance for development 5 5
4. Provide for a comprehensive and connective multi-use trail system 5 0 Unsubstantial evidence provided.
and map. Trails are clearly marked with appropriate signage,and there
are established measures for upkeep and maintenance. •
5. The boundaries of designated open space and recreational areas 3 3
should be clearly delineated as public spaces with future development
prohibited or designated for public use if on private property.
Page 1
Possible Points
Points Awarded Comments
6. Any new development site must permanently set aside open space for 3 3
public or private use which will not be developed. Open space may be
used as community open space or preserved as green space.
8. The following areas are considered high priorities when designating 5 0 No Response
open space:resource buffers,high quality native trees,critical habitat
areas,and high quality soil resources.
Please describe your enforcement program: Provide informationI 5 1 No specific language provided concerning enforcement.
regarding enforcement,budget and FTE.
—
3. On-premises sign ordinance(permanent only with size, 43 38
Placement,and quantity restrictions)
1. Strict limits on size,placement.and quantity of signs per business. All 15 15
permanent signs require permits separate from the building permit.(The
more restrictive,the more points will be awarded.]
•
1.m Minimum requirement-signs require permits separate from the 0 0 1Meets Mandatory requirement
building permit
1.a Strict limits on quantity of signs per business. I 5 I 5
1.b Strict limits on size,placement,and quantity of signs per 10 10
side/property frontage.
2. Banned signage: All wind devices,roof signs and portable signs. 5 3 3 points added-no specific mention of roof or wind dew i , -
3. Restricted digital signage' All electronic changeable message(digital); 5 5 I
signs are banned outright or restricted to special districts within city '
limits i
4. If digital signs are allowed,clearly-stated regulations strictly limit size, i 3 3
height,and brightness of such signs,and prohibit moving images and I '
frequent rotation of fixed images on such signs. Regulations written so
that signs are designed to be in context with the natural and built
environment.
5. A mechanism exists to bring existing(grandfathered)signs into 5 I 5
conformity with the municipality's current sign code.
6. A process exists to enforce removal of any sign that is significantly I 5 5
damaged,destroyed or abandoned. I _
7 Please describe your enforcement program: Provide information 5 2 No information provided concerning budget and
regarding enforcement,budget and FTE. enforcement timeline
1.-
4..
-4. Off-premises alone 5043
1. No permits are allowed to be issued for new outdoor general 0 0 Meets mandatory requirement
advertising off-prem ses devices[Mandatory requirement!
2. Specific ordinance language states that existing,non-electronic 5 5 Billboards not allowed,and electronic signage prohibited
billboards may NOT be modified,upgraded or in any way converted to an
electronic,changeable message(digital)billboard format.
3 If digital billboards are allowed,clearly-stated regulations must strictly lir 5 5
4. Policy prohibiting the relocation of billboards,or allowing relocation 5 5
only when required by the construction of a project using public funding.
provided that such relocation is restricted to a limited period of time.
5. Parked motor vehicles and/or trailers are not allowed to be 5 ° Appeal Granted
intentionally located so as to serve as an advertising device for a use,
product or service.
6.Moving motor vehicles and/or trailers may not be employed primarily 3 1 point added-not specifically prohibited
for the purpose of displaying commercial advertising messages.
Commercial advertising messages are prohibited on any vehicle if the
messages are unrelated to the primary business or activity for which the
vehicle is utilized;this includes but is not limited to transit vehicles and
school buses. 5
7.No advertising allowed on street furniture(bus shelters,park benches, 5 5
transit stations,trash receptacles,directional kiosks,etc.)
8. Ban on posting of signs on public property. Any signs found upon any 5 3 Not outright banned,but heavily regulated
public property may be removed by the city.
9. Law prohibiting tree-cutting or similar clearing of vegetation on public 5
rights-of-way to provide better view of off-premises signs. _ 5
10. A process exists to remove nonconforming outdoor general 5
advertising devices(i.e.billboards)that are not on federally-funded
roadways. 5
Page 2
Possible Points
Points Awarded Comments
11 Please describe your enforcement program: Provide information ,No plan for enforcement or information on budget provided
regarding enforcement,budget and FTE. 5 2
5. Lighting standards for streetscapes and public spaces 25 15
1. Street lighting program that places emphasis on the selection of 5 5
lighting equipment and the location of street lighting so as to provide
sufficient visibility,increased safety,and improved security for
pedestrians and vehicles.
2. Adequate illumination that meets the level-of-use standards set for the 5 5
municipality.
3.Outdoor lighting program that decrees light pollution effects and 5 3 ;Cited ordinance does not clearly address this question
preserves the nighttime visual environment.The program should
minimize glare and obtrusive light by emphasizing directional lighting,
limiting misdirected,excessive,or unnecessary outdoor lighting,and
curtailing and reversing any degradation of the night sky.
4. Cost-sharing program between the city and power provider(s)to 5 0 No evidence provided
upgrade light fixtures,
5.Please describe your enforcement program: Provide information 5 2 I No information provided concerning plan for enforcement
r garding,enforcement,budget and FTE. , or budget.
6. Landscaping in Parking lots-_ 24 23
1. Incorporate appropriately-scaled,well-graded and planted earth 3 3
berms on parking area perimeters to screen the parking area from streets
and other facilities.
2. Require that planted islands have curbs. 3 3
3. Integrate groundcovers and small shrubs at island ends to add 5 5
interest while maintaining visibility of pedestrians and vehicles;minimize
the use of medium to tall shrubs on internal islands.
4. If paving around a tree is required,use porous pavements such as 3 3 prohibit the use of impervious materials.
cast-in-place,monolithic turf and concrete combinations over specimen
tree roots to allow water and air exchange._
5. Require that regionally-native,drought-tolerant and extreme 5 5
temperature-tolerant species whenever possible. Ensure that plants
installed in or around parking areas receive p-oper irrigation to
encourage deep root growth.
6.Please describe your enforcement program: Provide information 5 4 Need information on budget
regarding enforcement,budget and FTE.
7. Protection of landscaping during construction activities 25 22
1. Require that protective barricades are installed around all protected 4 4
trees and grand trees prior to any construction activities on a
development site.
2. Barricades are to be installed a minimum of 10 feet from a protected 3 1 Restriction on hit but does not meet scenic standards(6
tree or at the desigrated protective root zone ft.).Ordinance contains other extensive requirements about
fence installation.
3. Materials used for protective barricades shall be made of wood, 3 ' 3
fencing or solid material.
4. Vertical barricades no less than 3 feet in height and no more than 6 4 3 Meets requirements in height,but does not meet scenic
feet apart. Horizontal members consisting of wood no less than 3 feet standards for width and spacing.
above existing grade and securely attached to the vertical members.
5 Protective barricades removed only to prepare the development site I 3 3
for final landscaping activities.
6. No parking or storing of vehicles,equipment or materials allowed j 3 3
within the protective root zone.
7.Please describe your enforcement program: Provide information 5 5
regarding enforcement,budget and FTE.
8. Clearly-stated unity-of-design standards throughout the city or I 10 10
within defined areas or special districts(such as retail centers, •
historic districts,mixed-use developments,Tax Increment •
Reinvestment Zones,etc.). Five or more of these areas exist in the
city,or these areas comprise at least 35%of the city. Examples of
standards that must be in place to qualify as a unified-design area
in Fl.hia•
Page 3
Possible Points
Points Awarded Comments
•Storefront design standards in terms of shapes and materials for 10 i 10
awnings,storefront lighting,entries,doors,windows,and building
appurtenances
•Signage limitations for permitted on-premises signs and specific
guidelines for display window signage,window graphics,plaque signs,
and entry paving
•Exterior furnishings/landscape-requirements regarding allowed
exterior furnishings,landscaping,sidewalk grade,and ADA compliance
i.
9. Litter and Graffiti25 22
1. Littering is expressly prohibited and fined,including pedestrian trash 3 3 I
as well as that thrown from motor vehicles.
2. Publicly supported cleanup efforts and education program for trash 5 5 Appeal Granted
and graffiti.
3. Graffiti is expressly prohibited and fined,and a program exists to 3 3 I
enforce effective removal. I.
4. Public trash receptacles have a protective covering to prevent trash 3 0 No Response
from blowing out of can. •
5. Trash can only be placed for collection on certain designated days, i 3 3
and not before or after within a period of 15 hours.
6. Strict prohibition on dumping. 3 — 3
7.Please describe your enforcement program: Provide information 5 5
•
regarding enforcement,budget and FTE.
10. Utility and cable tine program � 40 21
I
1. Install utility lines(including individual service lines,transmission lines ' 10 5 Not applicable everywhere,limited to one district
and distribution lines)underground,below the finished grade of the right
of way. Remove(if appropriate)all poles,guy wires and related
structures used to support overhead prior to burial.
2. Utility infrastructure should be mounted on pads at ground level;if 5 5
within the right of way,should not block sidewalks or visibility at
intersections.
3. All utility services located within the boundaries of a major roadway 5 0 No Response
reconstruction or public improvement project are placed underground(in
a minimum of 20%of the city).
4. For future individual utility service,lines which originate in a public 5 3 Only required in the overlay district not applicable
road right of way and extend to any building or structure constructed after everywhere
a certain date(including residential,commercial,or industrial)are
installed underground.
5.Once utility service lines have been installed underground,the 5 3 Only required in the overlay district not applicable
installation of new above-ground lines in that location is prohibited by everywhere
ordinance.
6. On side streets with above-ground utility services which intersect with 5 0 No Response
a roadway with underground utility lines,the first pole supporting the
above ground service is placed on such side street at least 100 feet from
the center of the roadway with the underground utilities.
7.Please describe your enforcement program: Provide information 5 5
regarding enforcement,budget and FTE.
11. Dumpster Screening 30—__ .— 27
1. The dumpster area is screened on three sides usingmaterial 5 5 Appeal Granted
consisting of stone,brick,block,wood or a continuous planting of 1
evergreens.
2. The opening for removal of the dumpster for collection is a minimum 3 1 0 No Response
of 12 feet to allow for proper access when it is serviced. For every
dumpster added,an additional 10 feet hi width is required.
3. All dumpster enclosures are approved by the city prior to construction. 4 4
4. Require that durable materials complement the building. 3 3 '
5. Require that the owner incorporate landscaping to make the screen 5 5
more effective.
6. Require that location of the opening to the area be away from the 5 ' 5
sidewalk. I
Page 4
Possible Points
Points Awarded Comments
7.Please describe your enforcement program: Provide information 5 5
regarding enforcement,budget and FTE.
Bonus: Your city may have features or programs that contribute to 20 9 Bonus points award for regional detention plan.Two points
its scenic appeal that are not listed in these specifications. If you awarded for city beatification efforts.2 points for historical
would like these to be considered with your application,please district membership
provide a detailed description thereof. These features are not
limited to,but might include:
•historic districts
•historic preservation programs
•a scenic program related to a unique geographic feature
•a natural environment enhancement program
•storm runoff collectors
•beach/laketriver cleanups
•retention basins
•plantings in detention areas
•landscaping along a body of water
•a vegetated area bordering a stream or established to protect a
stream system
•innovative programs above and beyond our criteria in any of the
Page 5
AFFIDAVIT OF PUBLICATION Ordina nce Exhibit
2000T-15
C
The Pearland 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 wasublisri
in
THE. REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
Galveston Counties, for / and
issues, as follows:
'oto. / Date /
20 ✓3
No. Date
20
- No. Date
20
'• No. Date
20
No. Date
20
CFO
Subscribe and sworn to before me this l
day.of
20Z_
. LAUR AA NN EMMONS ,
��� NQTARY PUBLIC
STATE OF TEXAS
r.1. My Co''' gastt
Ex
0900'2014
Laura Ann Emmons, Publisher
Notary Public,State of Texas
Published May 1,2013
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
AMENDMENTS TO
THE UNIFIED
DEVELOPMENT CODE
(UDC)
Notice is hereby given
that on May 20,2013 at
6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Pearland,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in the
Council Chambers of
City Hall, located at
3519 Liberty Drive,
Pearland,Texas, on the
request of the City of
Pearland, for proposed
amendments to the
Unified Development
Code, Ordinance No.
20007.
At said hearing all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1765
Harold Ellis
City Planner
AFFIDAVIT OF PUBLICATION
The Pearland 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 f issues, as follows:
No. / Date -26 20 /3
No. Date 20
No. Date 20
No. Date 20
No. Date 20
/VC,,
CFO
Subscribe and sworn to before me this 2'7 day of �_--
20 /S
gin, LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
•t r•r My commission Expires 09.09-2014
Laura Ann Emmons, Publisher
Notary Public, State of Texas
O QO . .1 Dc o11'45'
Published June 26,
2013
ORDINANCE
NO.2000-T-15
AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY OF
PEARLAND, TEXAS,
AMENDING SELECT-
ED PROVISIONS OF
THE UNIFIED DEVEL-
OPMENT CODE; HAV-
ING A SAVINGS
CLAUSE, AND A RE-
PEALER CLAUSE;
PROVIDING FOR COD-
IFICATION, PUBLICA-
TION AND AN EFFEC-
TIVE DATE.
PASSED, APPROVED,
and ADOPTED on
Second and Final
Reading this 24th day of
June,2013.
/s/Greg Hill
Mayor Pro-Tem
/s/Young Lorfing,TRMC
City Secretary
APPROVED AS TO
FORM:
/s/Darrin M.Coker
City Attorney
VOTING RECORD
SECOND AND FINAL
READING
June 24.2013.
Voting "Aye" —Council-
members, Carbone,
Sherman Sherrouse,
Ordeneaux and Hill.
Voting"No"-None.
Motion passes 5 to 0.
PUBLICATION DATE:
June 26,2013.
EFFECTIVE DATE:
July 6,2013.
PUBLISHED AS RE-
QUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND,TEXAS