Ord. 1052 02-11-02ORDINANCE NO. 1052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING A TEMPORARY MORATORIUM
ON OUTSIDE STORAGE IN COMMERCIALLY ZONED AREAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That outside storage in commercially zoned areas may be detrimental to
the health, safety, morals, and welfare of the general public.
Section 2. That a temporary ninety (45) day moratorium on the outside storage in
commercially zoned areas is hereby approved to allow sufficient time to study the issue and
determine the need for amendment of the Land Use Ordinance.
Section 3. The City Council may authorize a variance for Moratorium when, in its
opinion, undue hardship will result from requiring strict compliance. In granting the variance,
City Council shall prescribe only conditions that it deems necessary to or desirable in the public
interest. No variance shall be granted unless City Council finds:
A. That there are special circumstances or conditions affecting the land involved such
that the strict application of the Moratorium would deprive the applicant reasonable
use of his land; and
B. That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant; and
C. That the granting of the variance will not be detrimental to the public health, safety or
welfare to other property in the area.
Section 4. 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 5. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 6. Effective Date. The Ordinance shall become effective immediately upon
its passage and approval on first and only reading.
Section 7. Declaration of Emergency. The Council finds and determines that the
need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the
health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an
emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate
occasions be, and the same is hereby waived.
PASSED, APPROVED and ADOPTED on FIRST and ONLY Reading this the 11
day of February , A.D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DAIkRIN M. COKER
CITY ATTORNEY