The URL can be used to link to this page

Ord. 2000-T-09 2008-10-27ORDINANCE NO. 2000-T-9 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 22"d day of September, 2008, 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 22"d day of September, 2008, 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-9 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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. PASSED and APPROVED ON FIRST READING this the 13th day of October, 2008. (/YIt~ TOM REID MAYOR Page 2 of 3 Ord No 2000T-9 ORDINANCE NO. 2000-T-9 ATTEST: r UNG IN MC TY S RETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 27t" day of October, 2008. ---~ s~. TOM REID MAYOR ATTEST: Y~O~NGFfNC~ ~~ Y S RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY VOTING RECORD SECOND AND FINAL READING OCTOBER 27, 2008 Voting "Aye" - Councilmembers Owens, Saboe, Kyle, and Cole. Voting "No" - None. Motion passed 4 to 0, with Councilmember Beckman absent. PUBLICATION DATE: October 27, 2008 EFFECTIVE DATE: November 7, 2008 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Page 3 of 3 Ord No 2000T-9 Exhibit "A" Ordinance No. 2000-T-9 Section 1.2.2.4 Posting Notice on Property (a) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), a special exception, or a variance from the terms of this UDC shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which the request has been made. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City Manager orhis/her designee. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) In the case of a variance request or a request for a special exception, on the subject property at least ten (10) days prior to the hearing of such variance request by the Zoning Board of Adjustment, and to remain continuously on said property until final action by the Board or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a decision by the Zoning Board of Adjustment shall constitute a withdrawal of the request. (5) In the case of a zoning change request or a request for a CUP, on the subject property at least ten (10) days prior to the hearing of such request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (b) The signs shall be of a size, type, and message content as determined by the City, but shall advise that a special exception, variance, CUP, or zoning change has been requested and shall list the telephone number of the Planning Department for more information. The City is hereby authorized to establish size, type and message requirements for such signs and to distribute such requirements to applicants. (c) Upon making an application for a special exception, variance, CUP, or zoning change, the applicant shall place sign(s) as required by this section. The City shall inspect such sign(s) to ensure compliance as required by this section. (d) In the case of a variance request or a request for a special exception, after the request is approved by the Zoning Board of Adjustment, denied by the Zoning Board of Adjustment, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. (e) In the case of a zoning change request or a request for a CUP, after the request is approved by the City Council or Planning and Zoning Commission, denied by the City Council or Planning and Zoning Commission, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. (f) It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a special exception, variance, CUP, or zoning change has been requested. (g) In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, then the public hearing before the appropriate body shall be postponed to a date in the future which would allow time for compliance. (h) The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. (i) The owner or applicant shall promptly notify the Planning Department of any sign required by this section which becomes lost, stolen or vandalized. In the case of a variance request or a request fora special exception, the Zoning Board of Adjustment shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. In the case of a zoning change request or a request for a CUP, the Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. 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 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 ft2) 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 ft2) in size. (3) On-site directional and informational signs not exceeding two square feet (2 ft2) 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 ft2) 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 ft2) 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 ft2) in size. (7) Human Signs. Signs carried or wholly supported by humans are allowed so long as they do not exceed thirty-two square feet (32 ft2) in size. (8) 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 ft2) in size. A flag that contains any emblem, logo, slogan, or any form of advertising of or for any business entity may be allowed, subject to the following restrictions: (A) The flag is displayed with, but at a lower height than, either a United States flag or a Texas flag; (B) The business entity represented on or advertised by the flag is located on the same property upon which the flag is displayed; (C) The flag is not larger in area than either of the governmental flags with which it is required to be displayed; and (D) Only one such flag is displayed per property. (9) Unlit Political Signs. Political signs that are not lighted are allowed provided they do not exceed eight feet (8') in height or thirty-two square feet (32 ft2) 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. Exhibit "B" P&Z Recommendation Letter Ordinance No. 2000-T-9 Planning & ~Oning Commission Recommendation Letter September 23, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Amendments to the Unified Development Code (UDC) Honorable Mayor and City Council Members: At their regular meeting of September 23, 2008, the Planning and Zoning Commission considered the following: A request by the City of Pearland, for an amendment to the Unified Development Code (UDC), Ordinance No. 2000T regarding sections 1.2.2.4, 4.1.2.6, and 4.2.5.5. Commission Member Gooden made a motion to recommend approval of the amendments to the Unified Development Code (UDC), which was seconded by Commission Member Koza. The motion passed 6-0. The amendments to the UDC were recommended for approval by the Planning and Zoning Commission with the condition that language noted in Section 4.2.5.9 regarding size and height of flags be duplicated.. Sincerely, Lata ?~rishnarao Lata Krishnarao, Planning Director On behalf of the Planning and Zoning Commission Page 1 of 1 AFFIDAVIT OF PUBLI Exhibit"C" Publications Ordinance No. 2000-T-9 The Pearland Reporter News --- 2404 South Park Pearland, Texas 77581 Sta#e of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended. was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for _ ~ issues, as follows: No. f Date 20 ,. ,...No. Date No. Date No. Date No. Date Subscribe and sworn to before me this 20 ;~_ . 4 ~ Xu,J ~ , -r, ° ` ~/ 4 ~ A S j' ~+. `t4~J' ~y.f Mi ".v~ 20 20 20 20 CX~ i(no~l CFO day o~ ' Laura Ann Emmons, Publisher Notary Public, State of Texas ~.~I nib ed~ `~~Q1o~+~e-,~-~ bode, PubYshed Sept. 3, and Sept. 10, 2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMIS- SION OF THE CRY OF PEARLAND, `TEXAS AMENDMENT TO THE UNIFIED DEVELOP- MENT CODE (UDC) Notice is hereby given that on September 22, 2008, at 6:30 p.m., the Cily Council and Planning and Zoning Commission of fhe City of Peartand, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland, for an amend- ment to the Unified Development Code, Oidttance No. 2000T. At said hearing all inler- esled parties sh~l have i~- lhe right and oppofhs~r to appear and be heard on the snbjeet: Late Kriahnarao Plaru~ing Director AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581. State of Texas Brazoria and Harris Counties I, Lloyd i~lorrow, 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. l Date _ 9 /0 20 ~_ ..,, .No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20~_ Off`'' i~o~.1 CFO day of Laura Ann Emmons, Publisher Notary Public, State of Texas Pul~lalrad Spt 3, and SapL t0, 200! NOTICE OF A JpNT PUBLIC HEAR~t3-OF. THE CITY CbUNCIL AND THE PLANNING AND ZONINti COMMIS- SION OF THE-CITY OF PEARLAND, TEXAS AMENDMENT TO THE UNIFIED DEVELOP- MENTCODE (UDC) Notice 'is hereby -given that- on September 22, 2008, •at B:30 p:m:, the City Councl and Planning acid Zoning Commission of the City of Pearland, in Brazoria, Hams 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 Peatland, for an amend- ment to he Unified Development Code, Ordinance No. 2000T. At said hearing all inter- ested parties shall have the right and opportunity to appear and be heard. bn the subject. Late Kri,tarerao PlannNrg Diroctaor 1 - L}NIIE' IEDE... E..VEL..OPME .NT C-ODE 4th Edition November 2008 Original UDC Adopted by Ordinance No. 2000T, February 27, 2006 Amendments Included in this Edition: • Ordinance No. 2000T-1, July 10, 2006 • Ordinance No. 2000T-2, February 26, 2007 • Ordinance No. 2000T-3, July 9, 2007 • Ordinance No. 2000T-4, September 24, 2007 • Ordinance No. 2000T-5, October 22, 2007 • Ordinance No. 2000T-6, November 26, 2007 • Ordinance No. 2000T-7, April 28, 2008 • Ordinance No. 2000T-8, August 25, 2008 • Ordinance No. 2000T-9, October 27, 2008 City of Pearland 3519 Liberty Drive 3M. 1 Pearland, Texas 77581 N 281-652-1600 t'Tfr281-652-1702 fax www.cityofpearland.com Table of Contents (NOTE:A Specific Table of Contents is included at the beginning of each UDC chapter.) See Individual Chapters for Page Numbers. Chapter 1 -- General Provisions Article 1 —Authority of Decision-Makers Division 1 —General Provisions Division 2—City Staff Division 3 —Planning &Zoning Commission Division 4—City Council Division 5—Zoning Board of Adiustment(ZBA) Article 2 — Universal Procedures Division 1 —Application Processing Division 2— Notice Requirements Division 3— Public Hearings Division 4—Post-Decision Procedures See Individual Division 5—Expiration, Extension, & Reinstatement Chapters Division 6— Enforcement& Revocation of Permits for Page Division 7—Text Amendments Numbers Article 3 —Relief Procedures Division 1 —Appeals Division 2— Petition for Relief from Dedication or Construction Requirement Division 3—Vested Rights Petition Division 4—Petition for Waivers Chapter 2 - Zoning Regulations Article 1 — Relationship to the Comprehensive Plan Division 1 —Applicability & Consistency Table of Contents Page i Division 2—Policies & Maps Article 2—Zoning Procedures Division 1 —Application for Zoning Map Amendment Division 2—Application for Planned Development(PD) District Division 3—Conditional Use Permit(CUP) Division 4—Application for Cluster Development Plan Division 5—Zoning Board of Adiustment Procedures Article 3 —Zoning Regulations See Division 1 — Purpose Individual Chapters Division 2—Zoning Map for Page Division 3— Compliance &Application Numbers Division 4—Zoning Upon Annexation Article 4 —Zoning Districts Division 1 —Zoning Districts Established Division 2—Residential Zoning Districts Division 3— Mixed Use Zoning Districts Division 4— Non-Residential Zoning Districts Division 5— Corridor Overlay Zoning District Article 5— Use Regulations Division 1 — Interpretive Rules Division 2—Land Use Matrix Division 3—Accessory Uses & Structures Division 4— Home Occupations Division 5—Telecommunications Towers &Antennas Division 6—Requirements Applicable to Specific Land Uses Article 6 Supplemental Use Standards Division 1 —Area, Building & Height Regulations Division 2— Exterior Building Design Requirements Table of Contents Page ii Article 7— Nonconforming Uses & Structures Division 1 — Intent of Provisions Division 2 —Classification of Nonconformities Division 3—Regulation of Nonconformities ;_ Chapter 3 -- Subdivision Regulations Article 1 — Subdivision Procedures See Division 1 — Provisions Applicable to All Plattinq Procedures Individual Division 2— Master Plats Chapters Division 3— Preliminary Subdivision Plats for Page Numbers Division 4— Preliminary Development Plats Division 5— Final Subdivision Plats and Final Development Plats Division 6— Minor Subdivision Plats Division 7—Revisions to Recorded Plats Division 8—Construction Management Article 2— Subdivision Standards Division 1 —Adequate Public Facilities Division 2—Dedication & Construction Requirements &City Participation Division 3— Interlocal Agreements Division 4—Water Division 5—Wastewater Division 6 — Roadways Division 7—Driveways Division 8—Traffic impact Analysis Division 9—Drainage Division 10— Parks &Open Space Division 11 —Sidewalks&Alleys Division 12— Fire Lanes& Fire Department Access Division 13—Easements Division 14— Lot Design & Improvement Standards Table of Contents Page iii Chapter 4 - Site Development Article 1 — Development Procedures & Requirements , Division 1 —Site Plans Division 2—Construction Permits See Division 3- Improvements Required Upon Expansion Individual Chapters Article 2— Development Standards for Page Division 1 — Parking Numbers a\ F' Division 2—Landscaping Division 3—Tree Mitigation Division 4—Screening & Fencing Division 5—Signage Division 6— Manufactured/Mobile Home Parks & Recreational Vehicle Parks Chapter 5 - Definitions Article 1 — Generally Applicable Definitions Division 1 —General Definitions Appendix A Color Pallet Acknowledgements: Original Document Prepared By: Dunkin, Sefko &Associates, Inc., Urban Planning Consultants and Terry Morgan &Associates, Land Use Law Attorneys, February 2006. Table of Contents Page iv UNIFIED DEVELOPMENT CODE • • CHAPTER 1 : • GENERAL PROVISIONS \ _ Chapter 1:General Provisions Page 1 -1 • Chapter 1 Gsn eraI Provisions Chapter Table of Contents Article 1 —Authority of Decision-Makers 1-5 Division 1 — General Provisions 1-5 Section 1.1.1.1 Source of Authority 1-5 Section 1.1.1.2 Implied Authority 1-5 Section 1.1.1.3 Limitation on Authority 1-5 Section 1.1.1.4 Conflict in Authority 1-6 Division 2 — City Staff 1-7 Section 1.1.2.1 Responsible Official 1-7 Section 1.1.2.2 Director of Planning 1-7 Section 1.1.2.3 City Engineer 1-8 Section 1.1.2.4 Building Official 1-9 Section 1.1,2.5 Parks Director 1-10 Section 1.1.2.6 City Manager 1-10 Section 1.1.2.7 Other City Officials 1-10 _ Division 3 — Planning & Zoning Commission 1-10 Section 1.1.3.1 Reference to City Charter 1-10 Section 1.1.3.2 Structure of Commission 1-10 Section 1.1.3.3 Advisory Capacity 1-10 Section 1.1.3.4 Authority for Deciding Applications 1-11 Section 1.1.3.5 Authority for Deciding Appeals and Relief Petitions 1-11 Division 4— City Council 1-12 Section 1.1.4.1Authority for Amendments to the Unified Development Code (UDC) 1-12 Section 1.1.4.2 Authority for Deciding Legislative Applications 1-12 Section 1.1.4.3 Authority for Deciding Appeals and Relief Petitions 1-12 Division 5 —Zoning Board of Adjustment (ZBA) 1-12 Section 1.1.5.1 Structure of the Board 1-12 Section 1.1.5.2 Authority for Deciding Applications 1-13 Section 1.1.5.3 Rules Governing Proceedings 1-13 Article 2— Universal Procedures 1-14 Division 1 —Application Processing 1-14 Section 1.2.1.1 Initiation of Application 1-14 Section 1.2.1.2 Complete Application 1-15 Section 1.2.1.3 Waiver 1-15 Chapter 1:General Provisions Page 1 -2 Section 1.2.1.4 Official Filing Date 1-16 Section 1.2.1.5 Conference Post-Submission Conference 1-16 Section 1.2.1.6 Universal Development Application Contents 1-16 Section 1.2.1.7 Application Fees 1-17 Section 1.2.1.8 Modification of Applications 1-17 Section 1.2.1.9 Action by Responsible Official 1-17 Section 1.2.1.10 Exemption Determination 1-18 Section 1.2.1.11 Action by Advisory Body 1-18 Section 1.2.1.12 Decision 1-19 Section 1.2.1.13 Conditions 1-19 Division 2 — Notice Requirements 1-19 Section 1.2.2.1 Initiation of Application 1-19 Section 1.2.2.2 Published Notice 1-19 Section 1.2.2.3 Personal Notice 1-19 Section 1.2.2.4 Posting Notice on Property 1-20 Section 1.2.2.5 Notification Following Decision 1-21 Section 1.2.2.6 Notification of Appeal or Revocation 1-21 Division 3 — Public Hearings 1-22 Section 1.2.3.1 Setting of the Hearing 1-22 Section 1.2.3.2 Conduct of Hearing 1-22 Section 1.2.3.3 Record of Proceedings 1-22 Section 1.2.3.4 Continuance of Proceedings 1-22 Section 1.2.3.5 Additional Rules 1-22 Section 1.2.3.6 Joint Public Hearing 1-22 Division 4— Post-Decision Procedures 1-23 Section 1.2.4.1 Re-Application Following Denial 1-23 Section 1.2.4.2 Amendments and Revisions to Approval 1-23 Division 5 — Expiration, Extension, & Reinstatement 1-23 Section 1.2.5.1 Time of Expiration 1-23 Section 1.2.5.2 Effect of Expiration 1-23 Section 1.2.5.3 Extension Procedures - Initial Request 1-24 Section 1.2.5.4 Extension Procedures - Subsequent Extension 1-24 Section 1.2.5.5 Conditions 1-24 Section 1.2.5.6 Reinstatement 1-24 Section 1.2.5.7 Effect of Decision on Extension or Reinstatement 1-25 Section 1.2.5.8 Expiration for Projects Commenced On or After September 1, 2005 1-25 Division 6 — Enforcement & Revocation of Permits 1-25 Section 1.2.6.1 Enforcement Activities 1-25 Section 1.2.6.2 Right to Enter 1-26 Section 1.2.6.3 General Remedies 1-26 Section 1.2.6.4 Stop Work Orders 1-26 - Section 1.2.6.5 Municipal Court Actions 1-27 Section 1.2.6.6 Civil Court Actions 1-27 Chapter 1:General Provisions Page 1 -3 Section 1.2.6.7 Fines and Penalties 1-27 Section 1.2.6.8 Separate Offenses 1-28 Section 1.2.6.9 Revocation Proceedings 1-28 Section 1.2.6.10 Exemption 1-29 Division 7 — Text Amendments 1-29 Section 1.2.7.1 Amendments to the Unified Development Code (UDC) 1-29 Section 1.2.7.2 Hearing and Notice 1-29 Section 1.2.7.3 Recommendation of Advisory Body 1-29 Section 1.2.7.4 Initiation of Text Amendments 1-30 Article 3— Relief Procedures 1-30 Division 1 —Appeals 1-30 Section 1.3.1.1 Purpose, Applicability and Effect 1-30 Section 1.3.1.2 Appeal Requirements 1-31 Section 1.3.1.3 Processing of Appeal and Decision 1-31 Section 1.3.1.4 Criteria 1-32 Section 1.3.1.5 Expiration and Extension 1-32 Division 2 — Petition for Relief from Dedication or Construction Requirement 1-32 Section 1.3.2.1 Purpose, Applicability and Effect 1-32 Section 1.3.2.2 Petition Requirements 1-32 Section 1.3.2.3 Land in Extraterritorial Jurisdiction 1-34 Section 1.3.2.4 Processing of Petitions and Decision 1-34 Section 1.3.2.5 Criteria for Approval 1-35 Section 1.3.2.6 Expiration and Extension 1-35 Division 3 —Vested Rights Petition 1-36 Section 1.3.3.1 Purpose, Applicability and Effect 1-36 Section 1.3.3.2 Petition Requirements 1-36 Section 1.3.3.3 Processing of Petitions and Decision 1-37 Section 1.3.3.4 Action on Petition and Order 1-38 Section 1.3.3.5 Criteria for Approval 1-39 Section 1.3.3.6 Application Following Final Decision on Petition 1-40 Section 1.3.3.7 Expiration and Extension 1-40 Section 1.3.3.8 Dormant Projects 1-40 Division 4 — Petition for Waivers 1-42 Section 1.3.4.1 Purpose, Applicability and Effect 1-42 Section 1.3.4.2 Application & Decision-Maker 1-42 Section 1.3.4.3 Criteria for Approval 1-42 Section 1.3.4.4 Effect of Approval 1-43 Chapter 1:General Provisions Page 1 -4 Article 1 —Authority of Decision-Makers Division 1 - General Provisions Section 1.1.1.1 Source of Authority (a) Authority. Authority under this Unified Development Code shall be vested in and delegated to the officials and decision-makers designated in this Article 1 under the City's charter, the constitution and laws of the state of Texas and the City Code. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision-makers: The omission of a citation in this Unified Development Code to any authority conferred upon the officials and decision-makers under the City's charter, the constitution or laws of the state of Texas or the City Code, nor the failure to identify in this article authority conferred by other provisions of this Unified Development Code, shall not be construed as limiting the actions of such officials and decision-makers taken in accordance with and in reliance upon such authority. • Section 1.1.1.2 implied Authority (a) Authority. The officials and decision-makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this Unified Development Code to the extent the implied authority is not in conflict with the expressly delegated authority. Section 1.1.1.3 Limitation on Authority (a) City Policy. It is the policy of the City that the standards and procedures applicable to development of property within the City limits and within the City's extraterritorial jurisdiction are as stated in this Unified Development Code, notwithstanding any representation by any City official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property. (b) Representations Concerning Future Action on Development Application or Legislative Action. No City official, whether an employee of the City or a member of an appointed board or commission, or a member of the governing body of the City, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official's decision or the decision of an appointed board or commission or the City Council, on any development application or legislative action that has yet to be filed or is pending before the City for decision. An official may, however, upon request of a person, convey information concerning that official's position on a pending application in accordance with procedures established in this Chapter 1. No person is entitled to rely upon any representation made by an official in contravention of this Subsection, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this Subsection. Chapter 1:General Provisions Page 1 -5 (c), Representations Concerning Future Amendments. No City official, whether an employee of the City or a member of an appointed board or commission, or a member of the City Council, shall have the authority to make binding representations to any person concerning the likelihood that a change in any legislative classification or a change in the text of this Unified Development Code as applied to a specific tract of land will be granted, or that an existing legislative classification or text provision will remain in effect, or that any petition for relief will be granted. No person is entitled to rely upon any representation made by an official in contravention of this Subsection, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this Subsection. (d) Effect of Comprehensive Plan, Ordinance or Development Standard on Liability Claims. The City's approval of a development application under the standards and procedures of this Unified Development Code does not guarantee or assure that development of the property in accordance with the standards will prevent, minimize or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the City's approval of a development application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this Unified Development Code constitute an exercise of the City's governmental authority, and approval of a development application shall not give rise to any liability on the part of the City or its officers, agents and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law. (e) No Waivers. Except as expressly provided for in this Unified Development Code, no official, board, commission of the City, or the City Council, shall have authority to waive any requirement or standard for a development application. Any attempted waiver of a requirement or standard for a development application in contravention of this Subsection shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision. Section 1.1.1.4 Conflict in Authority (a) Internal Inconsistency. Whenever one or more provisions of this Unified Development Code are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail. (b) Incomplete Provisions. Whenever a specific standard or procedure of this Unified Development Code is incomplete when applied in isolation to a development application or development activity, such standard shall be supplemented by any general or specific provision of this Code, the City Code, or the City Charter in,order to give effect to the incomplete provision. Chapter 1:General Provisions Page 1 -6 Division 2— City Staff Section 1.1.2.1 Responsible Official (a) Responsible Official. The responsible official shall be the Director of a designated City department who is assigned responsibility under this Unified Development Code for taking the following actions with regard to a particular type of development application or relief petition authorized under this Chapter 1: (1) Accepting the application or petition for filing and processing the application; (2) Reviewing and making recommendations concerning the application or petition; (3) Seeking advice of other City departments and coordinating any recommendations from such departments concerning the application or petition; (4) Initially deciding the application or petition, where so authorized; (5) Determining a request for exemption; (6) Preparing reports to and advising any board, commission or the City Council that has responsibility for making recommendations on or deciding the application or petition; (7) Promulgating additional or modified policies, standards and administrative rules for adoption by the City Council that apply to the application or petition; (8) Initiating enforcement actions concerning compliance with the standards applicable to the application or petition and the conditions imposed thereon; and (9) Taking all other actions necessary for administration of the provisions of this Unified Development Code with respect to the application or petition. (b) Specific Duties. The specific duties of the responsible official shall include those authorized under the universal procedures applicable to all types of development applications pursuant to Article 2 of this Chapter 1, those authorized under the provisions governing procedures for deciding particular applications under this Chapter 1, and those authorized under relief procedures pursuant to Article 3 of this Chapter 1. (c) Delegation. The responsible official may delegate the official's authority under this Code to subordinate officials, who shall thereupon be deemed the responsible official for purposes of carrying out the delegated duties. Section 1.1.2.2 Director of Planning (a) Responsible Official. The Director of Planning is the responsible official for the following types of development applications and relief petitions: (1) Petition for amending the Comprehensive Plan; (2) Petition for a zoning map amendment, including a petition for creation of an overlay district, or Planned Development (PD) district; (3) Application fora Conditional Use Permit; Chapter 1:General Provisions Page 1 -7 (4) Application for a Cluster Development Plan; (5) Application for a special exception; (6) Application for change in status of a nonconformity; (7) Application for a Subdivision Master Plat, Preliminary Subdivision Plat, Preliminary Development Plat, Final Subdivision Plat, Final Development Plat, Minor Subdivision Plat, amending plat, and replat; (8) Appeal of a decision on any application for which the Director is the responsible official; (9) Variance petition for any application for which the Director is the responsible official; (10) Vested rights petition for any decision where the Director is the responsible official for the application for which the vested rights petition is filed; and (11)Application for a sign permit. (b) Initial Decision-Maker. The Director of Planning is the initial decision-maker for the following types of development applications and relief petitions, subject to appeal as provided in this Chapter 1: (1) Application for a Minor Subdivision Plat; (2)Application for an amending plat; and (3) Vested rights petition for any decision for which the Director is the initial decision-maker. Ord. No. 2000T-2, Section 1.1.2.2., February 26, 2007. Ord. No. 2000T-8, Section 1.1.2.2., August 25, 2008. Section 1.1.2.3 City Engineer (a) Responsible Official. The City Engineer is the responsible official for the following types of development applications and relief petitions (except as provided): (1) Application for approval of construction plans, and all related construction management tasks, including without limitation, approval of contracts for public improvements; (2) Application for a Development/Grading Permit for compliance with flood plain regulations; (3) Appeal of a decision on any application for which the City Engineer is the responsible official, except a Site Preparation Permit which shall be appealed to the City Manager in accordance with Section 1.1.2.6; (4) Variance petition for any application for which the City Engineer is the responsible official; Chapter 1:General Provisions Page 1 -8 (5) Vested rights petition for any decision where the City Engineer is the responsible official for the application for which the vested rights petition is filed; and (6) Petition for relief from a dedication or construction requirement. (b) Initial Decision-Maker. The City Engineer is the initial decision-maker for the following types of development applications and relief petitions, subject to appeal as provided in this Chapter 1: (1) Application for approval of construction plans, and all related construction management tasks, including without limitation approval of a contract for public improvements; (2) Application for a Development/Grading Permit for compliance with flood plain regulations; and (3) Vested rights petition for any decision for which the City Engineer is the initial decision-maker. (c) Floodplain Administrator. The City Engineer is the Floodplain Administrator for the City and shall carry out duties and responsibilities as authorized in the Flood Hazard Prevention Ordinance, Ordinance No. 532 and No. 532-4, as amended. Ord. No. 2000T-8, Section 1.1.2.3., August 25, 2008. Section 1.1.2.4 Building Official (a) Responsible Official and Initial Decision-Maker. The Building Official is the responsible official for and shall initially decide the following types of applications: (1) Building permit; (2) Certificate of occupancy; (2) Water and sewer impact fees; and (3) Application for a Site Preparation permit (b) Initial Decision-Maker on Appeals. The Building Official is the initial decision- maker for appeals of the following application, subject to further appeal as provided for in this Chapter 1: (1) Certificate of Occupancy; Ord. No. 2000T-2, Section 1.1.2.4., February 26, 2007. Ord. No. 2000T-8, Section 1.1.2.4., August 25, 2008. Chapter 1:General Provisions Page 1 -9 Section 1.1.2.5 Parks Director (a) The Parks Director is the responsible official for and shall initially decide the following types of applications: (1) Park fee decision. Section 1.1.2.6 City Manager (a) Initial Decision-Maker on Appeals. The City Manager is the initial decision-maker for appeals of the 'following types of development applications, subject to further appeal as provided for in this Chapter 1: (1) A Site Preparation Permit; (2) An impact fee decision; and, (3) A Site Plan Section 1.1.2.7 Other City Officials (a) The City Manager, City Attorney and any other official delegated responsibilities under this Unified Development Code are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed herein. Division 3—Planning & Zoning Commission Section 1.1.3.1 Reference to City Charter (a) Reference. The Pearland City Charter contains requirements for the Planning & Zoning Commission pertaining to the number of members, authority, term of office, etc. Refer to the City Charter, Article 7, Section 7.01 for such requirements. Section 1.1.3.2 Structure of Commission (a) Structure. The members of the Planning and Zoning Commission are appointed by the Council and serve without compensation. In making appointments to the Commission, the Council shall seek to ensure broad representation and expertise among the membership. The Commission shall establish bylaws to govern rules of procedure and the annual election of officers. Section 1.1.3.3 Advisory Capacity (a) Advise the City Council. The Planning and Zoning Commission shall advise the City Council on applications and petitions for legislative decisions as authorized by this Unified Development Code. In that capacity, the Commission shall review, prepare reports upon and make recommendations concerning approval, conditional approval or denial of the following types of petitions and development applications, in Chapter 1:General Provisions Page l -10 accordance with the procedures and standards that apply to the petition or development application: (1) Petition for amending the Comprehensive Plan; (2) Petition for a zoning map amendment, including a petition for creation of an overlay district, Conditional Use Permit (CUP), or Planned Development (PD) district; (3) Amendments to the text of the Unified Development Code (UDC) as authorized by City Charter; and (4) Other advisory duties as assigned by City Council. Section 1.1.3.4 Authority for Deciding Applications (a) Final Decision-Maker for Quasi-Judicial Applications. The Planning and Zoning Commission shall finally decide the following types of quasi-judicial applications: (1) An application for a Subdivision Master Plat; (2) An application for a Preliminary Subdivision Plat or Preliminary Development Plat; (3) An application for a Final Subdivision Plat or Final Development Plat, for which no Preliminary Subdivision Plat or Preliminary Development Plat, respectively, has been approved; and (4) An application for a replat. (b) Final Decision-Maker for Administrative Applications. The Planning and Zoning Commission shall finally decide the following types of administrative applications: (1) An application for a •Final Subdivision Plat or Final Development Plat for which a Preliminary Subdivision Plat Preliminary Subdivision Plat or Preliminary Development Plat, respectively, has previously been approved; and (2) An application for an amending plat that has been forwarded by the Planning Director. Section 1.1.3.5 Authority for Deciding Appeals and Relief Petitions (a) Appellate Authority. The Planning and Zoning Commission shall finally decide appeals filed in accordance with Article 3 of this chapter (Relief Procedures) on the following development applications and relief petitions: (1) A Minor Subdivision Plat that has been forwarded by the Director; and (2) A Site Preparation Permit that has been forwarded by the City Manager. (b) Petitions for Relief. The Planning and Zoning Commission shall finally decide the following petitions for relief: (1) The Planning and Zoning Commission shall finally decide any variance petition on an application for a Preliminary Subdivision Plat, Preliminary Chapter 1: General Provisions Page 1 -11 Development Plat, Final Subdivision Plat, Final Development Plat or replat; and (2) The Planning and Zoning Commission shall initially decide any vested rights petition for any decision for which it is the initial decision-maker. Division 4 - City Council Section 1.1.4.1 Authority for Amendments to the Unified Development Code (UDC) (a) Authority. The City Council may from time to time amend, supplement or change by ordinance the text of this Unified Development Code on its own initiative or upon petition for a text amendment. Section 1.1.4.2 Authority for Deciding Legislative Applications (a) Final Decision on Legislative Actions. The City Council shall finally decide all types of legislative applications authorized under this Unified Development Code. Section 1.1.4.3 Authority for Deciding Appeals and Relief Petitions (a) Appellate Authority. The City Council shall finally decide appeals on the following development applications and relief petitions: (1) A vested rights petition filed in conjunction with an application for which the City Council is the final decision-maker; and (2) An impact fee appeal that has been forwarded by the City Manager. (3) A sign permit(refer to Section 4.1.2.6). (4) A Conditional Use Permit appeal following Planning & Zoning Commission denial (refer to Section 2.2.2.3). (b) Petitions for Relief. The City Council shall finally decide the following petitions for relief: (1) Petition for relief from a dedication or construction requirement. Division 5-Zoning Board of Adjustment(SBA) Section 1.1.5.1 Structure of the Board ;= (a) Composition and Term. The Zoning Board of Adjustment shall consist of five (5) regular members and four (4) alternates appointed by the City Council, for terms of two years. The members may be removed for cause by the City Council upon written charges and after a public hearing. All regular members and alternates shall reside within the City limits. The alternate members shall serve in the absence of one or Chapter 1:General Provisions Page 1 - 12 more regular members-when requested to do so by the Planning Director or chair of the ZBA, as the case may be, so that all cases to be heard by the ZBA will be heard by a minimum of four members. Vacancies are filled for the unexpired term of any member by appointment by the City Council. (b) Rules. The ZBA may adopt rules to govern its proceedings. These rules must be consistent with this chapter and state law. The chair or, in the chair's absence, the acting chair, may administer oaths and compel the attendance of witnesses. (c) Meetings. Meetings of the ZBA shall be held at the call of the chair and at other times as the ZBA may determine. All meetings of the ZBA shall be open to the public, except that the ZBA may hold closed meetings as permitted under state law. (d) Minutes. The ZBA shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its official actions, all of which shall be filed in the office of the ZBA and shall be public information. (e) Duties of Planning Director. The Planning Director (or designee) shall act as the staff liaison to the ZBA and secretary of the ZBA and shall set up and maintain a separate file for each application for approval, special exception, and variance received. The Director shall record in each file the names and addresses of all persons to whom notices are mailed, including the date of mailing, and shall keep a record of all notices published as required in this chapter. All records and files provided for in this Subsection shall be permanent and official files and records of the City. Section 1.1.5.2 Authority for Deciding Applications (a) Authority for Applications. The Zoning Board of Adjustment shall finally decide the following types of applications: (1) An application fora special exception pursuant to Section 2.2.5.1; (2) An application for a change in the status of a non-conformity pursuant to Section 2.2.5.3; and (3) An application for a variance pursuant to Section 2.2.5.2; (b) Authority for Appeals. The Zoning Board of Adjustment shall finally decide appeals on the following matters: (1) An appeal of the Planning Director's decision on a sign permit or an interpretation of the sign regulations; (2) An appeal of any other official's interpretation of the requirements of Chapters 2 or 4 of this UDC, unless a separate appeals process is otherwise defined within this UDC. Section 1.1.5.3 Rules Governing Proceedings (a) Majority Decision. The concurring vote of four members of the ZBA is necessary to reverse an order, requirement, decision or determination of any administrative Chapter 1: General Provisions Page 1 -13 official, or to decide in favor of the applicant on a matter upon which the ZBA is required to pass under this Unified Development Code, or to authorize a variance from the terms of a provision of this Unified Development Code. (b) Quorum. A quorum shall consist of four members of the ZBA. (c) Limitation on Authority. The authority delegated to the Zoning Board of Adjustment under this Unified Development Code shall not be construed to effect any of the following: (1) Approval of a petition for a zoning map amendment; (2) Approval of a Conditional Use Permit; (3) Authorization of a use not authorized in the zoning district in which the applicant's property is located, except to the extent necessary to decide a special exception or a petition for a change in status of a non-conformity. (d) Timing of Decision. The Zoning Board of Adjustment shall not render any decision on a development application, appeal or relief petition, while a petition for a zoning amendment, application for a Conditional Use Permit, or plat application for the same land is pending and until such petition or application has been finally decided pursuant to procedures in this Chapter 1. (e) Appeals. Appeals shall be processed and decided in the manner provided in Article 3, division 1 of this Chapter 1. (f) Notice and Hearing. Any public hearing shall be preceded by published, personal and posted notice in the manner provided in Article 2, Division 2 of this Chapter 1. Public hearings shall be conducted in the manner provided in Article 2, Division 3 of this Chapter 1. (g) Appeals of Board Decisions. Appeals of any decision of the ZBA may be taken to a state district court, county court, or county court-at-law by filing a verified petition stating that the decision of the ZBA is illegal in whole or in part and specifying the grounds of the illegality. The petition must be filed within ten (10) days after the date the decision is filed with the Planning Department. Article 2- Universal Procedures Division 1 —Application Processing Section 1.2.1.1 Initiation of Application (a) Initiation Only By Owner. Unless otherwise expressly provided by this Unified Development Code, a petition for legislative action affecting land, other than a petition for a text amendment or a zoning amendment, or an application for a development permit, may be initiated only by the owner of an interest in the land subject to the application, or the owner's designated agent. If the applicant is a designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on the owner's behalf. The Chapter 1:General Provisions Page 1 -14 responsible official may establish the type of documents needed to determine ownership or agency. Section 1.2.1.2 Complete Application (a) Every petition for a legislative action or application for a development permit or approval (referred to in this section as an "application") authorized by this Unified Development Code shall be subject to a determination of completeness by the official responsible for processing the application. (1) No application shall be accepted by the responsible official for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Unified Development Code. (2) The incompleteness of the application shall be grounds for denial or revocation of the application. (3) A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Code. A determination of completeness shall be made by the responsible official in writing to the applicant no later than the tenth (10th) business day-after the official filing date that the application is submitted to the responsible official. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information is not provided. An application shall be deemed complete on the eleventh 11th business day after the application has been received if the applicant has not otherwise been notified that the application is incomplete. (4) The application shall expire on the forty-fifth (45th) day after the date the application is filed if: a. The applicant fails to provide documents or other information necessary to comply with the City's requirements relating to the permit application; , b. The City provides to the applicant, not later than the tenth (10th) business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and c. The applicant fails to provide the specified documents or other information within the time provided in the notice. (5) If the application is not completed on the 45th day after the application is submitted to the responsible official, the application will be deemed to have expired and it will be returned to the applicant together with any accompanying applications. Section 1.2.1.3 Waiver (a) Notwithstanding the requirements of Section 1.2.1.2, the responsible official may initially waive the submission of any information in the application and accompanying materials that is not necessary due to the scope and nature of the proposed activity. Chapter 1: General Provisions Page 1 -15 The decision maker may withdraw a waiver of application requirements if the decision maker determines that meeting the previously waived requirements is necessary to determining compliance with applicable standards of approval. Section 1.2.1.4 Official Filing Date (a) The time period established by state law or this Unified Development Code for processing or deciding an application shall commence on the official filing date. The official filing date is the date the applicant delivers the application or plan to the City or deposits the application or plan with the United States Postal Service by certified mail addressed to the City. Section 1.2.1.5 Conference Post-Submission Conference (a) Request, Optional. An applicant is encouraged to request a post-submission conference with the responsible official after submittal of an application in order to determine whether the application is complete. The purposes of the post-submission conference are to ascertain the nature of the proposed development; to identify the procedures and standards that apply to the application; to discuss any project modifications recommended by the responsible official; to identify any requests for relief to be sought by the applicant; to determine whether any waiver of application requirements should be granted; and to outline the schedule for acting on the application. (1) A post-submission conference is optional and shall not be required as a standard of approval of the application. (2) An applicant is encouraged to contact and meet with neighborhood organizations for the area in which the applicant's proposed development is located. An applicant may request, in connection with a post-submission conference, contact information for neighborhood organizations known by the City. Contact with these organizations is optional and shall not be required as a standard of approval of the application. Section 1.2.1.6 Universal Development Application Contents (a) Application Forms Generally. The City is hereby authorized to prepare application forms that include information requirements, checklists, drawing sizes, applicant contact information, and any other relevant information. (b) Information for All Applications. All development applications or petitions for a legislative decision shall contain the following information: (1) Identification of property owner and authorized agent; (2) Description of the property and the nature of the development that is the subject of the application; (3) Identification of all zoning classifications (inside the City only)for the property; (4) Identification of all pending legislative applications for the property; Chapter 1: General Provisions Page 1 -16 (5) Identification of decisions on all quasi-judicial or administrative applications for the property that remain in effect; (6) Identification of all accompanying applications; (7) Identification of all pending or accompanying requests for relief; (8) Demonstration of compliance with approved priority permits; and (9) Proposed waiver, if any, of the time for decision on the application. Section 1.2.1.7 Application Fees (a) Every petition for a legislative action or application for a development permit or approval shall be accompanied by the prescribed fees set forth in the fee schedule prepared and adopted as an appendix to this Code. The prescribed fee shall not be refundable, except when the City Council waives the application fee for resubmission of an approval that was denied. The fee schedule may be amended from time to time by resolution of the City Council. Section 1.2.1.8 Modification of Applications (a) The applicant may modify any application following its filing and prior to the expiration of the period during which the City is required to act on the application. If the modification is under revisions requested by the City, and the modification is • received at least five (5)working days prior to the time scheduled for decision on the application, the application shall be decided within the period for decision prescribed by this Unified Development Code. In all other instances (e.g., when the applicant chooses to submit a revised application on his own accord because of a change in development decisions), submittal of a modified application shall extend the time for deciding the application for a period equal to the time specified in this Unified Development Code to decide the original application, commencing on the date the modified application is received, unless a waiver of the time for decision is first required, in which case the terms of the approved waiver shall govern the period within which the City must act on the application. Section 1.2.1.9 Action by Responsible Official (a) Following the determination that an application is complete, the responsible official shall circulate the application to all other administrative officials whose review is required for a decision on the application and compile the comments and recommendations of the officials. The responsible official shall render a decision in the time prescribed, if the official is the decision-maker for the application. In all other cases, the responsible official shall forward the application for review to any _ advisory body and the final decision-maker, and prepare a report to such board or commission, or to the City Council, as the case may be, including the compilation of any comments and recommendations by other administrative officials. The responsible official also shall prepare required notices and schedule the application for decision within the time and in the manner required by this Unified Development Code. Chapter 1: General Provisions Page 1 -17 Section 1.2.1.10 Exemption Determination (a) For any application for a development permit for which exemptions are listed, an exemption from the requirement to apply for such permit shall be determined in the following manner: (1) The application for exemption must be filed on a form supplied by the responsible official, must be accompanied by the review fee set by the City Council, and must include all of the following information: a. Name, address, and telephone number of the property owner and the applicant. " b. A brief description of the activity or development for which exemption is sought; c. A scale drawing depicting the boundaries of the site, the location of existing improvements on the site, and the location of the proposed development activities on the site. d. Information establishing the basis for the exemption. (2) The responsible official shall notify the applicant of the decision. If the responsible official denies the application for exemption, the official shall require that an application for the development permit be prepared in accordance with this Code. (b) An exemption is a separate and distinct consideration that is differentiated from a special exception (refer to Section 2.2.5.1) and/or a variance (refer to Section 2.2.5.2). (c) The following sections within this UDC contain exemptions: (1) Section 1.2.6.10 (enforcement and revocation of permits), (2) Section 2.5.5.2(b) (telecommunications), (3) Section 2.6.2.1(d) (building façade materials requirements), (4) Section 3.1.1.3 (plat exemptions), (5) Section 3.2.10.1(b)(4) (park dedication), (6) Section 4.1.1.1(a) (site plans), (7) Section 4.1.2.2(a) (site development permits), (8) Section 4.1.2.6(c) (sign permits). Section 1.2.1.11 Action by Advisory Body (a) In the absence of a recommendation from an advisory body by a majority vote on a proposed application, the advisory body shall be presumed conclusively to have recommended that the application be considered by the, City Council with a recommendation for denial from the advisory body. Chapter 1: General Provisions Page 1 -18 Section 1.2.1.12 Decision (a) The decision-maker for the application shall approve, approve with conditions or deny the application within the time prescribed by this Unified Development Code. Unless otherwise prescribed by law or City Charter, where the decision-maker is a board, commission or the Council, the application shall be decided by majority vote of a quorum of the members of the board, commission or the Council, provided that a super-majority vote or other decision rule on the application has not been invoked in - accordance with the provisions of law, charter or this Code. Section 1.2.1.13 Conditions (a) The initial or final decision-maker may attach such conditions to the approval of an application as are reasonably necessary to assure compliance with applicable requirements of this Unified Development Code. Division 2—Notice Requirements Section 1.2.2.1 Initiation of Application (a) Initiation Only By Owner. Unless otherwise expressly provided by this Unified Development Code, a petition for legislative action affecting land, other than a petition for a text amendment or a zoning amendment, or an application for a development permit, may be initiated only by the owner of an interest in the land _ subject to the application, or the owner's designated agent. If the applicant is a designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on the owner's behalf. The responsible official may establish the type of documents needed to determine ownership or agency. Section 1.2.2.2 Published Notice (a) Whenever published notice of a public hearing before a board or commission or the City Council is required under state law, the City Charter, or this Unified Development Code, the responsible official shall cause notice to be published in a • newspaper of general circulation in the City before the 15th day before the date set for the required hearing. The notice shall set forth the date, time, place and purpose of the hearing, and identification of the subject property, where the decision concerns an individual tract or parcel of land. Section 1.2.2.3 Personal Notice (a) Whenever personal notice of a public hearing is required by state law, the City ( Charter, or this Unified Development Code before a board or commission or the City Council, the responsible official shall cause notice to be sent by regular mail before the 10th day before the hearing date to 1) each owner of real property located within 200 feet of the exterior boundary of the property in question, 2) the applicant and/or Chapter 1:General Provisions Page 1 -19 property owner, and 3) if the matter to be considered is an appeal, to the appellant. The notice shall set forth the name of the applicant, the time, place and purpose of the hearing, identification of the subject property, and if the matter to be considered is an appeal, the name of the appellant. (1) Notice shall be sent to each owner indicated on the most recently approved municipal tax roll for land inside the City limits, and, when required by state law, on the most recently approved county tax roll for land in the extraterritorial jurisdiction. For recently annexed land that is not included on the most recently approved municipal or county tax roll, notice may be given by publication. _ (2) Notice may be served by depositing the notice, properly addressed and first class postage prepaid, in the United States mail. Section 1.2.2.4 Posting Notice on Property (a) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), a special exception, or a variance from the terms of this UDC shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which the request has been made. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City Manager or his/her designee. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) In the case of a variance request or a request for a special exception, on the subject property at least ten (10) days prior to the hearing of such variance request by the Zoning Board of Adjustment, and to remain continuously on said property until final action by the Board or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a decision by the Zoning Board of Adjustment shall constitute a withdrawal of the request. (5) In the case of a zoning change request or a request for a CUP, on the subject property at least ten (10) days prior to the hearing of such request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (b) The signs shall be of a size, type, and message content as determined by the City, but shall advise that a special exception, variance, CUP, or zoning change has been requested and shall list the telephone number of the Planning Department for more information. The City is hereby authorized to establish size, type and message requirements for such signs and to distribute such requirements to applicants. Chapter 1: General Provisions Page 1 -20 (c) Upon making an application for a special exception, variance, CUP, or zoning change, the applicant shall place sign(s) as required by this section. The City shall inspect such sign(s)to ensure compliance as required by this section. (d) In the case of a variance request or a request for a special exception, after the request is approved by the Zoning Board of Adjustment, denied by the Zoning Board of Adjustment, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10)days of such event. (e) In the case of a zoning change request or a request for a CUP, after the request is approved by the City Council or Planning and Zoning Commission, denied by the City Council or Planning and Zoning Commission, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. • (f) It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a special exception, variance, CUP, or zoning change has been requested. (g) In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, then the public hearing before the appropriate body shall be postponed to a date in the future which would allow time for compliance. (h) The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. (i) The owner or applicant shall promptly notify the Planning Department of any sign required by this section which becomes lost, stolen or vandalized. In the case of a variance request or a request for a special exception, the Zoning Board of Adjustment shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. In the case of a zoning change request or a•request for a CUP, the Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. Ord. No. 2000T-2, Section 1.2.2.4., February 26, 2007. Ord. No. 2000T-9, Section 1.2.2.4., October 27, 2008. Section 1.2.2.5 Notification Following Decision (a) Within ten (10) working days of the date of a responsible official,,board, commission or City Council determination on a development application, written notification of the action shall be mailed to the applicant, stating the action taken. Record of this notification shall be filed with the secretary of the board or commission or City Council on the date of notification. Section 1.2.2.6 Notification of Appeal or Revocation (a) Whenever appeal is taken from a final decision on a development application following a public hearing, or whenever the City is to consider revocation of a development permit which was obtained following a public hearing, personal notice Chapter 1: General Provisions Page 1 -21 of the appeal or revocation proceeding shall be provided in the manner prescribed by Section 1.2.2.3. If no public hearing was held prior to approval of the development application, personal notice of revocation shall be given only to the holder of the permit. Division 3—Public Hearings Section 1.2.3.1 Setting of the Hearing (a) When the responsible official determines that a development application is complete and that a public hearing is required by this Unified Development Code, the official shall consult with the secretary of the body required to conduct the hearing and shall select a place and a time certain for the hearing, and shall cause notice of such hearing to be prepared and made under Section 1.2.2.1. The time set for the hearing shall conform to the time periods required by this Code. - Section 1.2.3.2 Conduct of Hearing (a) Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at.a public hearing shall state his or her name, address, and.if appearing on behalf of an organization, state the name and mailing address of the organization for the record. (b) The public hearing shall be conducted in accordance with State law. Section 1.2.3.3 Record of Proceedings (a) The body conducting the hearing shall record the proceedings by any appropriate means. .. Section 1.2.3.4 Continuance of Proceedings (a) The body conducting the hearing may, on its own motion or at the request of any • person, for good cause, continue the hearing to a fixed date, time and place. No notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken. Section 1.2.3.5 Additional Rules (a) The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and the time for each presentation, and may apply such additional rules to govern the public hearing which are not inconsistent with this section. Section 1.2.3.6 Joint Public Hearing Chapter 1:General Provisions Page 1 -22 (a) The City Council may convene a joint public hearing with the Planning and Zoning Commission in the manner prescribed in Chapter 211.007(d) of the Texas Local Government Code. Division 4—Post-Decision Procedures Section 1.2.4.1 Re-Application Following Denial (a) A request which has been denied by the responsible official, the Planning and Zoning Commission, and/or the City Council may be resubmitted at any time for reconsideration by the city (a new filing fee must accompany the request). The responsible official, the Planning and Zoning Commission, and/or the City Council may deny any request with prejudice. If a request has been denied with prejudice, the request may not be resubmitted to the City for one (1)year from the original date of denial. Section 1.2.4.2 Amendments and Revisions to Approval (a) Unless another method is expressly provided by this Unified Development Code, any request to amend or revise an approved development application shall be considered a new application, which must be decided in accordance with the procedures governing the original application and the standards in effect at the time such new application is filed with the City. Division 5— Expiration, Extension, & Reinstatement Section 1.2.5.1 Time of Expiration (a) Unless otherwise expressly provided by this Unified Development Code, a complete, officially filed development application shall automatically expire and become null and void, and all activities under the permit thereafter shall be deemed in violation of this Code, if (1) the applicant fails to satisfy any condition that was imposed as part of the approval of the development application or that was made under the terms of any development agreement, within the time limits established for satisfaction of such condition or term, or(2)the applicant fails to submit a subsequent development application required by this Unified Development Code within the time so required. If no time limit for satisfaction of conditions is specified in the decision on the development application, the time shall be presumed to be two (2) years from the date the complete application was officially filed, except as provided in Section 1.2.5.8. • Section 1.2.5.2 Effect of Expiration (a) Upon the expiration of a complete, officially filed development application, all previously approved development applications for the same land also shall expire on Chapter 1:General Provisions Page 1 -23 the expiration date if the filing of an application for the expired permit was required to avoid expiration for the previously approved permit or permits, except as provided in Section 1.2.5.8. Thereafter, a new application for each permit deemed expired under this section must be approved subject to regulations in effect at the time the new application is accepted for filing. • Section 1.2.5.3 Extension Procedures -Initial Request (a) Unless a different time is expressly provided for a specific procedure by this Unified Development Code, the responsible official or the board, commission or the City Council that finally approves a development application may grant an initial extension of the time for expiration of the application for a period not to exceed one (1) year from the date of the expiration of the application, provided that a request for extension is made in writing at least thirty (30) days before the approved application expires. Every request for extension shall include a statement of the reasons why the expiration date should be extended. The decision-maker may grant a request for an initial extension upon demonstration that circumstances beyond the control of the permit holder have resulted in the permit holder's inability to perform the tasks necessary to prevent the permit from expiring before the expiration date. Section 1.2.5.4 Extension Procedures- Subsequent Extension (a) A permit-holder may apply for an extension of the expiration date for an application for a period not to exceed two (2) years from the date of the expiration of an officially filed, complete application. A second (2"d) extension of the expiration date of an officially filed, complete application may be granted for a period not to exceed one (1). additional year. The extension application must be in writing. Such an extension may be granted only by the City Council. In determining whether to grant a request, the Council shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. Section 1.2.5.5 Conditions (a) In granting an extension, the official or body deciding the request may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served. In granting a subsequent extension request, the City Council may require that one or more newly adopted development standards be applied to the proposed development. Section 1.2.5.6 Reinstatement (a) Unless otherwise provided by this Unified Development Code, an applicant may request reinstatement of an expired development application by filing a written request with the responsible official within thirty (30) days of the date of expiration. Chapter 1:General Provisions Page 1 -24 The request for reinstatement shall include a statement of the reasons why the application should be reinstated and extended. A request for reinstatement shall be processed and decided in the manner provided for an extension of an expiration period for more than one (1) year. The expiration date shall not be extended for more than two (2)years from the date a complete application was officially filed. Section 1.2.5.7 Effect of Decision on Extension or Reinstatement (a) The granting of an extension or reinstatement request for a permit also extends or reinstates any other permits otherwise deemed expired under Section 1.2.5.2. The denial of an extension or reinstatement results in the immediate lapse of the permit and any other permits deemed expired under Section .1.2.5.2. Thereafter, the permit holder shall file a new application for a permit or permits before undertaking any . activity authorized by the lapsed permit. f Section 1.2.5.8 Expiration for Projects Commenced On or After September 1, 2005 (a) Notwithstanding any other provision of this Unified Development Code, for any development permit authorized by this Code for which an expiration date is established and which is submitted for filing after September 1, 2005, the expiration date shall be two (2) years following the date of approval of the permit, unless the holder of the permit files a petition before such date for a vested rights determination pursuant to Article 3, Division 3 of this Chapter 1, alleging that progress has been made toward completion of the project for which the application subject to expiration was filed. If a vested rights petition is timely filed, the City Council shall determine the expiration date of the permit in deciding the petition. (b) Notwithstanding any other provision of this Unified Development Code, for any development permit authorized by this Code which is submitted for filing after September 1, 2005, and which has expired under subsection (a), all previously approved development applications for the same land also shall expire no later than five years from the date of filing of the first application for the project for which the expired application was filed, if the filing 'of an application for or approval of the expired permit was required to avoid expiration for the previously approved permit or permits, unless the holder of-such permits files a petition before such date for a vested rights determination pursuant to Article 3, Division 3 of this Chapter 1, alleging that progress has been made toward completion of the project for which the - applications subject to expiration were filed. If a vested rights petition is timely filed, the City Council shall determine the expiration date of the previously approved permits in deciding the petition. Division 6—Enforcement & Revocation of Permits Section 1.2.6.1 Enforcement Activities Chapter 1:General Provisions Page 1 -25 (a) Enforcement activities include informal contacts with individuals to advise them of requirements, the issuance of verbal warnings, written warnings, and municipal court citations, formal court action, and billing and collection. Employees of the Fire Marshal's office, Planning, Building Inspections, Code Enforcement, Public Works, Utilities, and Engineering Departments are authorized to issue municipal court citations for violations of this article. Section 1.2.6.2 Right to Enter (a) The authorized official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Unified Development Code. Submittal of any application for a development permit that authorizes construction of structures or improvements shall be construed as a grant of authority to the responsible official to enter on land subject to the application for purposes of enforcing the approved permit. Section 1.2.6.3 General Remedies (a) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used or developed in violation of this Unified Development Code or any development application approved thereunder, in addition to other remedies, the City may institute any appropriate action or proceedings to prevent or abate such activity. Appropriate action or proceedings include termination of utility services (water, gas, electric); revocation of permits, licenses, or bonds; and institution of legal action in a court of competent jurisdiction. Section 1.2.6.4 Stop Work Orders (a) Whenever any construction.or development activity is being done contrary to any term, condition or requirements of an approved development application or this Unified Development Code, the authorized official may order the work stopped by notice in writing, served on the property owner or authorized agent. Notice shall be given before the order shall be effective, except when the order should be effective immediately to protect and preserve the public health, safety, or general welfare. Any person thereafter shall cease and desist from further development or construction material to-the alleged noncompliance, until corrected by compliance and authorized by the responsible official to proceed with the work. This prohibition shall extend throughout any appeal period. (b) The owner or authorized agent may appeal the stop work order to the authorized official by giving written notice. The authorized official shall hear the appeal within five (5)working days of receiving the notice. (c) The appellant may appeal a negative ruling by the authorized official in writing to the City Manager, who shall hear the appeal within five (5) working days after receipt of the notice of appeal. Chapter 1:General Provisions Page 1 -26 (d) The decision-maker on the appeal may require the placement of temporary erosion control, drainage protection or other measures by the owner or appellant in order to protect the site and the community resources during the appeal period. (e) The authorized official, City Manager, or the City Council, as the case may be, shall decide the appeal and make such order as is necessary to assure compliance with the terms of this Unified Development Code and all approved development i applications. Section 1.2.6.5 Municipal Court Actions (a) The City Attorney is authorized to prosecute violations of this Unified Development Code in the municipal court where jurisdiction lies for the action. (b) In prosecutions for violations of this Unified Development Code, it shall not be necessary to allege or prove a culpable mental state, as said requirement is hereby waived. (c) In prosecutions for violations of Division 5 of Article 2 of Chapter 4 of this Unified Development Code, there shall be a rebuttable presumption that: (1)The record owner of real property upon which a sign is illegally erected, placed, constructed, repaired, or modified is the entity that is responsible for or caused said erection, placement, construction, repair, or modification, if the sign is located on private property; or (2) The business entity advertised on a sign illegally erected, placed, or ,, constructed on public property is the entity that is responsible for or caused said erection, placement, or construction. (3) The primary beneficiary of any advertisement, handbill, circular, poster or piece of paper attached to any public utility pole is the person who attached or caused the attachment to the pole. The term "primary beneficiary" means a person(s) or legal entity(s) that benefits from the advertisement, handbill, circular, poster or piece of paper. Ord. No. 2000T-3, Section 1.2.6.5., July 9, 2007. • Section 1.2.6.6 Civil Court Actions (a) The City Attorney is authorized to file and prosecute an action at law or in equity, where permitted under the laws of Texas, in a court of competent jurisdiction to enforce the provisions of this Unified Development Code. The initiation of one form of enforcement action by the City Attorney will not preclude the City Attorney from initiating any other form of enforcement action. Section 1.2.6.7 Fines and Penalties Chapter 1:General Provisions Page 1 -27 V (a) A person who violates any provision of this Unified Development Code pertaining to fire safety, zoning or public health and sanitation, including dumping of refuse, shall be punished, upon conviction, by a fine not to exceed $2,000. A person who violates any other provision of this Unified Development Code shall be punished, upon conviction, by a fine not to exceed $500. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, any architect, builder, contractor, agent, persons or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. This Subsection does not apply to enforcement of an ordinance in the City's extraterritorial jurisdiction. Section 1.2.6.8 Separate Offenses (a) Each day that a violation continues shall be deemed a separate offense under this section. V Section 1.2.6.9 Revocation Proceedings (a) If an authorized official determines, based on inspection or investigation by the City, that there are reasonable grounds for revocation of an approved development application, the official shall set a hearing before the board or commission to which appeal may be taken from such decision under this Unified Development Code. If the City Council was the original decision-maker, the Council may refer the proposed revocation to the Planning and Zoning Commission for its report and recommendation prior to such hearing. Circumstances that warrant revocation of an approved development application shall include but not be limited to the following: (1) A material mistake was made in approving the development application; (2) Approval of the development application was procured on the basis of material misrepresentations or fraud on the part of the applicant; (3) Development activities being undertaken on the land subject to the development permit are not in conformity with terms of the approved development application; (4) The use authorized by the permit is in violation of a condition of approval of the approved development application; (b) The applicant and any interested parties shall be given notice of the hearing in the manner provided in Chapter 1, Article 2, Division 2. The public hearing shall be conducted in accordance with the procedures described in Chapter 1, Article 2, Division 3. (c) In rendering its decision whether to revoke the approved application, the decision-maker shall determine whether the activity authorized under the original approved application complies with the terms, conditions and requirements of such approval. The decision-maker may revoke the application, affirm it, or affirm it with attached conditions that assure that the terms; conditions and requirements of the application shall be met. Chapter 1:General Provisions Page 1 -28 (d) Following revocation and pending any appeal, it shall be unlawful to undertake or perform any activity that was previously authorized by the approved application without applying for and obtaining approval of a new development application for the • activity. Appeal from the decision to revoke the approved development application shall be to the City Council, unless the decision to revoke was made by the Council, in which case revocation is final. • Section 1.2.6.10 Exemption (a) This division does not apply to building permits issued under separate ordinance or • provision of the City Code. Division 7— Text Amendments Section 1.2.7.1 Amendments to the Unified Development Code (UDC) (a) The City Council may from time to time amend, supplement, or change the text of this Unified Development Code by a majority vote of its members, unless a different vote is otherwise required by this Unified Development Code, the City Charter, or other law: Section 1.2.7.2 , Hearing and Notice (a) The City Council shall conduct a public hearing on a proposed text amendment in accordance with Chapter 1, Article 2, Division 3 and cause notice of the amendment to be published in accordance with Section 1.2.2.1 for amendments to the following provisions of this Unified Development Code (no personal notice is required): (1) Any provision of Chapter 1; (2) Any provision of Chapter 2; (3) Any provision of Chapter 4; or , • (4) Any provision of Chapter 5. (b) The hearing and notice requirements of this section do not apply to an action of the City Council imposing a moratorium on the acceptance, processing or issuance of development permits or petitions for legislative actions. (c) Amendments to Chapter 3 may be made by notification in accordance with Section 1.2.2.1. Section 1.2.7.3 Recommendation of Advisory Body (a) Where required by this Unified Development Code, the City Charter, or other law, the City Council shall first consider the recommendation of the Planning and Zoning Commission, together with the recommendations of any other advisory body prescribed by this Code, concerning the proposed text amendment. Where action is Chapter 1:General Provisions Page 1 -29 required of the Planning and Zoning Commission or other advisory body on a proposed text amendment, the advisory body also shall conduct a public hearing. Section 1.2.7.4 Initiation of Text Amendments (a) Unless otherwise limited by this Unified Development Code, a petition for amending • the text of the Unified Development Code may be initiated by the City Council, the Planning and Zoning Commission, a board, commission or advisory body described in Chapter 1, Article 1, an ad hoc advisory body appointed by the Council, a responsible official designated in this Code, any citizen or owner of land within the City limits, or any citizen or owner of land within the City's extraterritorial jurisdiction (for a regulation that applies to the ETJ). (1) Except for amendments initiated by the City Council, the petition to amend the text of this Unified Development Code shall state with particularity the nature of the amendment and the reason for the amendment. (2) A petition for a text amendment may be submitted in conjunction with a development application, approval of which depends on approval of the amendment, but shall in every such instance be decided prior to any action by the City on the development application. (3) The City Council may establish rules governing times for submission and consideration of text amendments. Article 3 -- Relief Procedures Division 1 —Appeals Section 1.3.1.1 Purpose, Applicability and Effect (a) Purpose. The purpose of an appeal is to contest an initial decision on a development application based upon alleged misapplication of the criteria for approval of the application. An appeal shall not be used as a means of amending, varying or otherwise modifying the standards of this Code that apply to the development application. (b) Applicability. Unless otherwise provided by this Code, any final administrative decision on a development application by a City official, including a determination by the responsible official that a proposed development is exempt from one or more development applications, may be appealed to the board or commission designated in the regulations establishing the procedure by which the decision was made. For administrative decisions on applications authorized in Chapters 4, appeal shall be to the Zoning Board of Adjustment. Final decisions on a development application by a board or commission may be appealed to the City Council only if expressly provided for in the regulations establishing the procedure by which the decision was made. (c) Effect. The granting of an appeal supersedes the decision from which appeal was taken, and results in approval, conditional approval or denial of the development application for which approval was sought. Chapter 1:General Provisions Page 1 -30 Ord. No. 2000T-2, Section 1.3.1.1., February 26, 2007. Section 1.3.1.2 Appeal Requirements (a) Who May Appeal. The applicant and any interested person may appeal a final decision on a development application to the appellate body designated by this Code, if any. (b) Form of Appeal. The appeal shall contain a written statement of the reasons why the final decision is erroneous, and shall be accompanied by the fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the development application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. (c) Time for Filing Appeal. A written appeal must be filed with the responsible official within ten (10) working days from the date of notification of the final,decision on the development application. Section 1.3.1.3 Processing of Appeal and Decision (a) Responsible Official. The responsible official for an appeal is the responsible official designated by this Code for processing of the development application at issue in the appeal. Upon receipt of a written appeal, the responsible official shall compile all documents constituting the record of the decision on appeal and transmit the record to the appellate body. (b) Stay of Proceedings. Receipt of a written appeal of a decision on a development application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any development applications that are dependent on the application being appealed, and any development activities authorized by initial approval of the development application. (1) The stay shall be lifted only if the responsible official certifies in writing to the appellate body that a stay would cause imminent peril to life or property. (2) Thereafter, the stay may be reinstated only by order of the appellate body or a court of record, on application, after notice to the responsible official, for due cause shown. (c) Hearing and Notice. Notification of the appeal and conduct of the public hearing thereon shall be in accordance with Article 2, divisions 2 and 3 of this Chapter 1. The initial public hearing on the appeal shall be held within twenty-five (25) working days after the filing of the appeal with the responsible official, unless a different time is prescribed by the provisions of this chapter. (d) Decision on Appeal. The appellate body shall decide the appeal within thirty (30) working days of the close of the public hearing. The appellate body shall affirm, reverse or modify the decision from which the appeal was taken. r _ Chapter 1:General Provisions Page 1 -31 (e) Notification of Decision on Appeal. The appellant and the applicant for the development permit shall be notified of the decision on appeal in the manner provided in Article 2, Division 2 of this Chapter 1. Section 1.3.1.4 Criteria (a) In deciding the appeal, the appellate body shall apply the same criteria that govern the initial decision on the development application under the provisions of this Code. Section 1.3.1.5 Expiration and Extension (a) For purposes of determining expiration or extension periods under this Code, the date of the appellate body's granting of relief on an appeal is the date on which the development application is deemed approved. Division 2—Petition for Relief from Dedication or Construction Requirement Section 1.3.2.1 Purpose, Applicability and Effect (a) Purpose. The purpose of a petition for relief from a dedication or construction requirement is to assure that the application of uniform dedication and construction standards to a proposed plat does not result in a disproportionate burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's public facilities systems. (b) Applicability. A petition for relief under this section may be filed by a property owner to contest any requirement to dedicate land or to construct public improvements for dedication to the public that is imposed under the City's public facilities standards in Chapter 3 of this Unified Development Code to a plat application or to any related development application authorized under this Code, whether the requirement is under uniform standards, or attached as a condition to approval of the petition or permit. A petition under this section shall not be used to waive standards on grounds applicable to a petition for a waiver under Section 3.1.1.6 of this UDC. (c) Effect. If the relief requested under the petition is granted in whole or in part by the City Council, the dedication or construction requirement initially imposed shall be modified accordingly, and the standards applied or the conditions attached to initial approval of the development application shall be thereafter applied in accordance with the relief granted. In the event the original application was denied by the' decision-maker based upon the property owner's failure to incorporate the dedication or construction requirement in the proposed permit, the application shall be remanded to the original decision-maker for a decision consistent with the relief granted by the Council. Section 1.3.2.2 Petition Requirements • Chapter 1:General Provisions Page 1 -32 (a) Who May Apply. A petition for relief from a dedication or construction requirement may be filed by a property owner or the applicant for a plat application, in which the dedication or construction requirement has been applied or attached as a condition of approval, or as grounds for denying the plat application. • (b) Form of Petition. The petition for relief from a dedication or construction requirement shall allege that application of the standard or the imposition of _ conditions relating to the dedication or construction requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, roadway, drainage or parks system, as the case may be, or does not reasonably benefit the proposed development. (c) Study Required. The petitioner shall provide a study in support of the petition for relief that includes the following information: (1) Total capacity of the City's water, wastewater, roadway, drainage or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed. (2) Total capacity to be supplied to the City's water, wastewater, roadway, drainage or park system by the proposed dedication of an interest in land or construction of capital improvements. If the development application is part of < a phased development, the information shall include any capacity supplied by prior dedications or construction of capital improvements. (3) Comparison of the capacity of the City's public facilities system(s) to be \ . consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land or construction of capital improvements. In making this comparison, the impacts on the City's public facilities system(s)from the entire development shall be considered. (4) The effect of any City participation in the costs of oversizing the capital improvement to be constructed in accordance with the City's requirements. (5) Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the City. (d) Time for Filing Petition and Study. A petition for relief from a dedication or construction requirement shall be filed with the responsible official within ten (10) days of the Planning and Zoning Commission's decision to conditionally approve or deny an application for approval of a Preliminary Subdivision Plat or a Preliminary Development Plat, or where no Preliminary Subdivision Plat or Preliminary Development Plat application has been submitted, an application for approval of a Final Subdivision Plat or Final Development Plat. The study in support of the petition shall be filed within 30 days of the initial decision, unless the petitioner seeks an extension in writing. The responsible official may extend the time for submitting the study for a period not to exceed an additional 30 days for good cause shown. Chapter 1:General Provisions Page 1 -33 Section 1.3.2.3 Land in Extraterritorial Jurisdiction (a) Where land or facilities to be dedicated are located in the extraterritorial jurisdiction of the City and are to be dedicated to a county under an interlocal agreement under Tex. Loc. Gov't Code Chapter 242, or are located with a drainage district and are to be dedicated to the District, a petition for relief or study in support of the,petition shall not be accepted as complete for filing by the responsible official unless the petition or study is accompanied by verification that a copy has been delivered to the county or drainage district in which the facilities are to be located. Section 1.3.2.4 Processing of Petitions and Decision (a) Responsible Official. The City Engineer is the responsible official for a petition for relief from a dedication or construction requirement. Where the petition-is for relief from dedication of rights-of-way for or construction of a facility in the City's extraterritorial jurisdiction that is to be dedicated to a county under an interlocal agreement under Texas Local Government Code, Chapter 242, or to a drainage district, the City Engineer shall coordinate a recommendation with the county or drainage district official responsible for reviewing plats in the county. (b) Evaluation, Recommendation. The City Engineer shall evaluate the petition and supporting study and shall make a recommendation to the City Council based upon the information contained in the study, any comments received from the county, and the City Engineer's analysis. In evaluating the petition and study, the City Engineer shall take into account the maximum amount of any impact fees to be charged against the development for the type of capital improvement that is the subject of the petition, or similar developments on the City's water, wastewater, roadway, drainage or parks systems. The City Engineer may utilize any reasonable methodology in evaluating the petitioner's study, including but not limited to impact fee methodologies. (c) Decision-Maker. The City Council shall decide the petition for relief from a dedication or construction requirement. (d) Public Hearing. The City Council shall conduct a public hearing in accordance with Article 2, Division 3 of Chapter 1, within thirty (30) working days after the study supporting the petition is filed with the City Engineer. (e) Burden of Proof. The petitioner bears the burden of proof to demonstrate that the application of a dedication or construction requirement that is uniformly applied imposes a disproportionate burden on the petitioner. (f) Decision. The City Council shall consider the petition for relief from a dedication or construction requirement and, based upon the criteria set forth in Section 1.3.2.5, shall take one of the following actions: (1) Deny the petition for relief, and impose the standard or condition in accordance with the initial decision; or (2) Deny the petition for relief, upon finding that the proposed dedication or construction requirements are inadequate to offset the impacts of the development on community water, wastewater, roadway or drainage facilities, and either deny the development application or require that additional Chapter 1:General Provisions Page 1 -34 dedications of rights-of-way for or improvements to such systems be made as a condition of approval of the application; or (3) Grant the petition for relief, and waive in whole or in part any dedication or construction requirement to the extent necessary to achieve proportionality; or (4) Grant the petition for relief, and direct that the City participate in the costs of acquiring land for or constructing the capital improvement under standard - participation policies. (g) Notification of Decision on Petition. The petitioner shall be notified of the decision on the petition for relief in the manner provided in Article 2, Division 2 of Chapter 1. Section 1.3.2.5 Criteria for Approval (a) Criteria for Approval. (1) In deciding the petition for relief from a dedication or construction requirement, the City Council shall determine whether the application of the standard or condition requiring dedication of an interest in land for public improvements or construction of capital improvements is roughly proportional to the nature and extent of the impacts created by the proposed development on such water, wastewater, roadway, drainage or park system, and reasonably.benefits the development.. (2) In making such determination, the Council shall consider the evidence submitted by the petitioner, the City Engineer's report and recommendation and, where the property is located within the City's extraterritorial jurisdiction, or a drainage district, any recommendations from the county or district. Section 1.3.2.6 Expiration and Extension (a) Expiration or Failure to File Application. Where a plat application or related application was denied based upon the imposition of the standard or condition requiring dedication of land or construction of a capital improvement, the petitioner shall resubmit the application to the original decision-maker within ninety(90) days of the date the petition for relief is granted, in whole or in part, showing conformity with the City Council's decision on the petition. (1) If such re-submittal of the application is not made within the ninety-day (90-day) period, the relief granted by the City Council on the petition shall expire. (2) The Council may extend the time for filing the development application for good cause shown, but in any event, the expiration date for the relief granted shall not be extended beyond one year from the date the petition was granted. (3) If the development application is modified to increase the number of residential units or the intensity of non-residential uses, the responsible official may require a new study to validate the relief granted by the City Council. (4) If the development application for which relief was granted is denied on other grounds, a new petition for relief may be required. Chapter 1:General Provisions Page 1 -35 i . (by Effect of Permit Expiration or Extension. Where approval of the development application was conditioned on satisfaction of the dedication or construction requirement, the Engineering Director may require the applicant to submit a modified application or supporting materials consistent with the relief granted by the City Council on the petition. (1) The relief granted on the petition shall remain in effect for the period the plat or related approved development application is in effect, and shall expire upon expiration of the plat or related application. (2) Extension of the plat also shall result in extension of the relief granted on the petition. Division 3— Vested Rights Petition Section 1.3.3.1 Purpose, Applicability and Effect (a) Purpose. The purpose of a vested rights petition is to determine whether one or more standards of this Unified Development Code should not be applied to a development application by operation of state law, or whether certain permits are subject to expiration. (b) Applicability. A vested rights petition may be filed for an application, permit, plan or plat, or any development application authorized under Chapters 3 and/or 4 of this Unified Development Code, filed in accordance with the Texas Local Government Code, Chapter 245 or successor statute . A vested rights petition may not be filed with a petition for a text amendment, a zoning map amendment or any other request for a legislative decision by the City Council. A vested rights petition also may be filed prior to expiration of certain permits pursuant to Section 1.2.5.8. (c) Effect. Upon granting of a vested rights petition in whole or in part, the responsible official shall process the development application and the decision-maker shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards, or extend the _permit otherwise subject to application pursuant to Section 1.2.5.8. Section 1.3.3.2 Petition Requirements (a) Who May Petition. A vested rights petition may be filed by a property owner or the owner's authorized agents, including the applicant, with any development application identified in Section 1.3.2.1, or by the holder of a permit subject to expiration pursuant to Section 1.2.5.8. (b) Form of Petition. The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the development application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section 43.002 or successor statute, that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents: . Chapter 1:General Provisions Page 1 -36 (1) A narrative description of the grounds for the petition; (2) A copy of each approved or pending development application or permit (the "Vesting Permit") which is the basis for the contention that the City may not apply current standards to the development application which is the subject of the petition; (3) The date of submittal of the application for the Vesting Permit, or of a development plan pursuant to which the Vesting Permit was subsequently filed, if the submittal date is different from the official filing date. (4) The date the project for which the application for the Vesting Permit was submitted was commenced. (5) Identification of all standards otherwise applicable to the development application from which relief is sought; z (6) Identification of any current standards which petitioner agrees can be applied to the development application at issue; (7) A narrative description of how the application of current standards affect •proposed use of the land, landscaping or tree preservation, open space, or • park dedication, lot size, lot dimensions, lot coverage or building size shown on the development application for which the petition is filed; and (8) A copy of any prior vested rights determination involving the same land. (9) Where the petitioner alleges that a permit subject to expiration under Section 1.2.5.8 should not be terminated, a description of the events. constituting progress toward completion of the project, for which the permit subject to expiration was approved. (c) Time for Filing Petition. A vested rights petition shall be filed with a development application for which a vested right is claimed, except that the petition may be filed before the date of expiration of any permit when filed pursuant to Section 1.2.5.8. Where more than one application is authorized to be filed' by this Unified Development Code, the petition may be filed simultaneously for each application. Ord. No. 2000T-2, Section 1.3.3.2., February 26, 2007. Section 1.3.3.3 Processing of Petitions and Decision (a) Responsible Official. The responsible official for a vested rights petition is the responsible official for processing the development application with which the petition is associated, except where a petition is submitted pursuant to Section 1.2.5.8. Where multiple applications are submitted, and there is more than one responsible official, the decision of each responsible official shall be coordinated with that of any other responsible official on the vested rights petition. The responsible official shall promptly forward a copy of the vested rights petition to the City Attorney following acceptance. (b) Initial Decision. If the responsible official is the decision-maker on the application, the official shall determine whether the relief requested in the vested rights petition Chapter 1:General Provisions Page 1 -37 should be granted in whole or in part, and shall formulate a written report summarizing the official's reasoning and setting forth the decision on the petition, which shall be delivered to the applicant within ten (10) business days from the date the vested rights petition is accepted for filing, unless the tenth business day falls on a weekend or a City holiday, in which case the deadline shall be the next business day following said weekend or holiday. (c) Decision by Commission or Board on Petition. If the development application is to be decided by the Planning and Zoning Commission or another board or commission, the Director shall submit a report in the form of a recommendation to the decision-maker. The commission or board shall render a decision on the vested rights petition in conjunction with its decision on the development application. (d) Decision by City Council. Where the City Council is the final decision-maker on the development application, or for any petition submitted pursuant to Section 1.2.5.8, the petitioner may submit a written request that the vested rights petition be immediately forwarded to the Council for a determination. The request must be accompanied by a waiver of the time for decision on the application imposed under this Unified Development Code pending decision by the Council on the petition, which shall stay further proceedings on the application. Upon receipt of the request, the responsible official shall prepare a recommendation and forward the matter to the Council for decision, which shall decide the petition within thirty(30) calendar days of the petitioner's request. If no written request for Council referral is filed, the Council shall decide the vested rights petition with its decision on the development application. (e) Appeal of Decision on Petition. The petitioner or any interested person may appeal the responsible official's or the commission's or board's decision on the vested rights petition within ten (10) working days of the date of such decision to the • City Council in accordance with the procedures in Division 1 of this Article 3. An appeal under this Subsection stays acceptance of filing of any related development applications. The Council shall decide the petition within thirty (30) days of receipt of the notice of appeal. Ord. No. 2000T-2, Section 1.3.3.3., February 26, 2007. Section 1.3.3.4 Action on Petition and Order (a) Action on the Petition. The decision-maker on the vested rights petition may take any of the following actions: (1) Deny the relief requested in the petition, and direct that the development application shall be reviewed and decided under currently applicable standards; (2) Grant the relief requested in the petition, and direct that the development application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or Chapter 1:General Provisions Page 1 -38 7- (3) Grant the relief requested in part, and direct that certain identified current ( standards shall be applied to the development application, while standards contained in identified prior regulations also shall be applied; or • (4) For petitions filed pursuant to Section 1.2.5.8, specify the expiration date or the conditions of expiration for the permit(s). (b) Order on Petition. The responsible official's report and each decision on the vested rights petition shall be memorialized in an order identifying the following: (1) The nature of the relief granted, if any; (2) The approved or filed development application(s) upon which relief is premised under the petition; (3) Current standards which shall apply to the development application for which relief is sought; (4) Prior standards which shall apply to the development application for which relief is sought, including any procedural standards; (5) The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; (6) To the extent feasible, subordinate development applications that are subject to • the same relief granted on the petition; and (7) For petitions filed pursuant to Section 1.2.5.8, the date of expiration of the permit or permits. Section 1.3.3.5 Criteria for Approval (a) Factors. The decision-maker shall decide the vested rights petition based upon the following factors: • (1) The .nature- and extent of prior development applications filed for the land subject to the petition; (2) Whether any prior vested rights determinations have been made with respect to the property subject to the petition; (3) Whether any prior approved applications for the property have expired or have been terminated in accordance with law; (4) Whether current standards adopted after commencement of the project-affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size based - upon the proposed development application; (5) Whether any statutory exception applies to the standards in the current Unified Development Code from which the applicant seeks relief; (6) Whether any prior approved applications relied upon by the petitioner have expired (7) For petitions filed pursuant to Section 1.2.5.8, whether any of the events in Section 1.3.3.8(c) have occurred. • Chapter 1:General Provisions Page 1 -39 (8) Any other provisions outlined in the Texas Local Government Code Chapter 245 or successor statute. (b) Conditions. If the claim of vested rights under a petition is based upon a pending application subject to standards that have been superseded by current standards under this Unified Development Code, the decision-maker may condition any relief granted on the petition on the approval of the application under such prior standards. Section 1.3.3.6 Application Following Final Decision on Petition (a) Following the City's final decision on the vested rights petition, the property owner shall conform the development application for which relief is sought to such decision. The decision-maker on the development application shall consider any application revised under this Subsection in accordance with the procedures for deciding the initial application under this Unified Development Code and in conformity with the relief granted on the petition. If the relief granted on the vested rights petition is consistent with the development application on file, no revisions are necessary. If proceedings have been stayed on the development application pending referral of the vested rights petition to the City Council, proceedings on the application shall resume after the Council's decision on the vested rights petition. Section 1.3.3.7 Expiration and Extension (a) Expiration. Relief granted on a vested rights petition shall expire on occurrence of one of the following events: (1) The petitioner or property owner fails to submit a required revised development application consistent with the relief granted within forty-five (45) days of the final decision on the petition; (2) The development application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or (3) The development application for which relief was granted on the vested rights petition expires. (b) Extension. Extension of the date of expiration for the development application for which relief was granted on a vested rights petition shall result in extension of the relief granted on petition for a like period. Section 1.3.3.8 Dormant Projects (a) Definitions. For purposes of this section only: (1) Initial permit means any of the following types of approvals granted under the Pearland Land Use and Urban Development Ordinance or Subdivision Ordinance, as amended, or any predecessor zoning, subdivision or development ordinance that was in effect prior to the adoption of this UDC, including: site plan, landscape plan, development plan, design plan, zoning site plan, special use permit, sign permit, preliminary plat, variances or any Chapter 1:General Provisions Page 1 -40 other application that was approved subject to a schematic drawing illustrating • the location, arrangement, orientation or design of land uses, lots or improvements on a site intended for development. (2) Final permit means a building permit, certificate of occupancy, or final plat approved under the Pearland Land Use and Urban Development Ordinance or Subdivision Ordinance, as amended, or any predecessor zoning, subdivision or development ordinance that was in effect prior to the adoption of this UDC. (b) Expiration of Permits. Any application for an initial permit that was approved or filed before, but that was not subject to an expiration date, two (2) years prior to the adoption date of this UDC, and that was under the Pearland Land Use and Urban Development Ordinance or Subdivision Ordinance, as amended, or any predecessor zoning, subdivision or development ordinance, shall expire on the effective date of this Unified Development Code. (c) Reinstatement. The owner of the land subject to an initial permit that expires under Subsection (b) above may petition the City Council to reinstate such zoning permit by filing a written petition within sixty (60) calendar days of the effective date of this Unified Development Code. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following: (1) As of two (2) years prior to the adoption date of this UDC_one of the following events had occurred: a. A final permit for all or part of the land subject to the approved initial permit was approved, or was filed and was subsequently approved; b. An application for a final permit was submitted for all or part of the land subject to the expired initial permit, but such application was rejected on grounds of incompleteness; 40 c. Costs for development of the land subject to the initial permit, including but not limited to costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land; d. Fiscal security was posted to ensure performance of an obligation required for all or a part of the land subject to the approved initial permit; or - e. Utility connection fees or impact fees for all or part of the land subject to the approved initial permit were paid. (2) After two (2) years prior to the adoption date of this UDC but before the * ' expiration date specified in Subsection (b) above, one of the following events had occurred: a. A final permit was approved for all or part of the land subject to the approved zoning permit, and remained in effect for such land on such expiration date; or Chapter 1:General Provisions Page 1 -41 b. A complete application for approval of a final permit for all or part of the land subject to the approved initial permit was pending for decision on such expiration date. (d) Council Action on Reinstatement. The City Council may take one of the following actions: (1) Reinstate the expired initial permit without an expiration date, if it finds that the petitioner has met any one of the criteria listed in Subsection (c)(1); (2) Reinstate the initial permit for all or part of the land subject thereto, if it finds that the petitioner has met any one of the criteria listed in Subsection (c)(2), subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending final permit application will be developed in a timely fashion. In granting relief under this provision, the Council may require that development of such remaining land is subject to standards enacted after approval of the initial permit; (3) Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in Subsection (c); or (4) Reinstate the permit for only that part of the land subject to a pending final permit application, if it finds that the petitioner has met the criteria in Subsection (c)(2)(b) and the pending application subsequently was approved, and deny the petition for the remaining land subject to the expired initial permit. Division 4—Petition for Waivers • Section 1.3.4.1 Purpose, Applicability and Effect (a) Purpose. The purpose of a petition for a waiver is to determine whether one or more standards of applicable to plats within this Unified Development Code should not be applied to a development application by operation of state law. (b) Applicability. The applicant may file a petition for waiver of one or more standards applicable to a Preliminary Subdivision Plat or a Preliminary Development Plat, or where no Preliminary Subdivision Plat or Preliminary Development Plat application, has been submitted for approval, to the standards applicable to a Final Subdivision Plat or Final Development Plat, respectively, in accordance with Article 3, Division 2 of Chapter 1. Section 1.3.4.2 Application & Decision-Maker (a) The waiver petition shall be decided by the Planning and Zoning Commission in conjunction with the application for approval of the preliminary plat. Section 1.3.4.3 Criteria for Approval (a) The following criteria shall be applied in deciding a waiver: Chapter 1:General Provisions Page 1 -42 (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 Chapter to the proposed use would create an unnecessary 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 waiver is necessary for the preservation and enjoyment of a substantial property right of the petitioner; (4) Granting the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (5) Granting the waiver 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 is not caused wholly or in substantial part by the petitioner; (7) The request for a waiver is not based exclusively on the petitioner's desire for increased financial gain from the property, or to reduce an existing financial hardship; and (8) The degree of variation requested is the minimum amount necessary to meet the needs of petitioner and to satisfy the standards in this section. ,-, (b) Burden of Proof. The petitioner bears the burden of proof to demonstrate that the application of a dedication or construction requirement that is uniformly applied • imposes a disproportionate burden on the petitioner. (c) Decision. The Planning & Zoning Commission shall consider the waiver petition and, based upon the criteria set forth in Subsection (a) above, shall take one of the following actions: (1) Deny the petition, and impose the standard or requirement as it is stated in this UDC; or (2) Grant the petition, and waive in whole or in part the standard or requirement as it is stated in this UDC. (d) Notification of Decision on Petition. The petitioner shall be notified of the decision on the waiver petition in the manner provided in Article 2, Division 2 of Chapter 1. Section 1.3.4.4 Effect of Approval (a) Effect. The waiver granted shall remain in effect for the period the plat or related approved development application is in effect, and shall expire upon expiration of the plat or related application. Extension of the plat also shall result in extension of the relief granted on the petition. Chapter 1:General Provisions Page 1 -43 Chapter 1:General Provisions Page 1 -44 - , u,NIFIED DEVELOPMENT CODE CHAPTER 2 • • ZONING REGULATIONS (- , ) Chapter 2:Zoning Regulations Page 2-1 Chapter 2. Zoning Regulations Chapter Table of Contents Article 1 - Relationship to the Comprehensive Plan 2-6 Division 1 —Applicability & Consistency 2-6 Section 2.1.1.1 Rules for Determining Consistency 2-6 Division 2 — Policies & Maps 2-6 Section 2.1.2.1 Rules for Determining Consistency 2-6 Article 2-Zoning Procedures 2-7 Division 1 —Application for Zoning Map Amendment 2-7 Section 2.2.1.1 Purpose, Applicability and Effect 2-7 Section 2.2.1.2 Purpose, Applicability and Effect 2-7 Section 2.2.1.3 Processing of Zoning Application and Decision 2-8 Section 2.2.1.4 Criteria for Approval 2-10 Division 2 —Application for Planned Development (PD) District 2-10 Section 2.2.2.1 Purpose, Applicability, Nature and Size of District 2-10 Section 2.2.2.2 Authorized Uses 2-12 Section 2.2.2.3 Development Standards 2-12 Section 2.2.2.4 Application Requirements 2-13 Section 2.2.2.5 Design Plan 2-14 Section 2.2.2.6 Subsequent Development Applications 2-15 Section 2.2.2.7 Approval Criteria for a Planned Development District 2-15 Section 2.2.2.8 Adopting Ordinance 2-16 Section 2.2.2.9 Site Development Plan 2-17 Section 2.2.2.10 Lapse of Development in PD Districts 2-18 Section 2.2.2.11 Documentation of PD Districts 2-20 Division 3 — Conditional Use Permit (CUP) 2-20 Section 2.2.3.1 Purpose, Applicability, and Effect 2-20 Section 2.2.3.2 Application Requirements and Documentation 2-21 Section 2.2.3.3 Processing of Application and Decision 2-21 Section 2.2.3.4 Criteria for Approval 2-22 Section 2.2.3,5 Abandonment, Expiration and Revocation 2-23 Section 2.2.3.6 2-23 Division 4—Application for Cluster Development Plan 2-23 Section 2.2.4.1 Purpose and Applicability 2-23 Section 2.2.4.2 Application Requirements 2-24 Section 2.2.4.3 Processing of Application and Decision 2-24 [This space intentionally left blank] 2-24 Section 2.2.4.4 Criteria for Approval 2-25 Section 2.2.4.5 Appeals 2-25 Section 2.2.4.6 Expiration Extension and Reinstatement 2-26 Chapter 2:Zoning Regulations Page 2-2 Division 5 —Zoning Board of Adjustment Procedures 2-26 Section 2.2.5.1 Special Exceptions. 2-26 Section 2.2.5.2 Variances 2-27 Section 2.2.5.3 Application for Change in Nonconforming Status 2-29 Article 3 —Zoning Regulations 2-30 Division 1 — Purpose 2-30 Section 2.3.1.1 Purpose of Regulations & Districts 2-30 Division 2 —Zoning Map 2-31 Section 2.3.2.1 Division of the City into Districts & Related Map 2-31 Section 2.3.2.2 The Official Zoning District Map 2-31 Section 2.3.2.3 Zoning District Boundaries 2-32 Division 3— Compliance &Application 2-33 Section 2.3.3.1 Compliance &Application of Zoning Regulations 2-33 Division 4— Zoning Upon Annexation 2-34 Section 2.3.4.1 Zoning Regulations &Annexation 2-34 Article 4 —Zoning Districts 2-36 Division 1 —Zoning Districts Established 2-36 Section 2.4.1.1 Uniformity 2-36 Section 2.4.1.2 Division Into Zoning Districts 2-36 Division 2 — Residential Zoning Districts 2-37 Section 2.4.2.1 SD, Suburban Development District 2-37 Section 2.4.2.2 R-E, Single-Family Estate District 2-37 Section 2.4.2.3 SR-15, Suburban Residential-15 District 2-38 Section 2.4.2.4 SR-12, Suburban Residential-12 District 2-39 Section 2.4.2.5 R-1, Single-Family Residential-1 District 2-40 Section 2.4.2.6 R-2, Single-Family Residential-2 District 2-41 Section 2.4.2.7 R-3, Single-Family Residential-3 District 2-43 Section 2.4.2.8 R-4, Single-Family Residential-4 District 2-44 Section 2.4.2.9 TH, Townhouse Residential District 2-46 Section 2.4.2.10 MF, Multiple-Family Residential District 2-48 Section 2.4.211 MH, Manufactured Home Park District 2-50 Division 3— Mixed Use Zoning Districts 2-54 Section 2.4.31 SPD, Spectrum District 2-54 Section 2.4.3.2 C-MU, Cullen-Mixed Use District 2-64 Section 2.4.3.3 G/O-MU, Garden/O'Day-Mixed Use District 2-66 Section 2.4.3.4 OT, Old Townsite District 2-69 Division 4— Non-Residential Zoning Districts 2-78 Section 2.4.4.1 OP, Office& Professional District 2-78 Section 2.4.4.2 BP-288, Business Park District-288 2-79 Section 2.4.4.3 NS, Neighborhood Service District 2-83 Section 2.4.4.4 GB, General Business Retail District 2-85 Section 2.4.4.5 GC, General Commercial District 2-87 Section 2.4.4.6 M-1, Light Industrial District 2-88 Chapter 2:Zoning Regulations Page 2-3 Section 2.4.4.7 M-2, Heavy Industrial District 2-90 Division 5 — Corridor Overlay Zoning District 2-92 Section 2.4.5.1 COD, Corridors Overlay District 2-92 Article 5— Use Regulations 2-101 Division 1 — Interpretive Rules 2-101 Section 2.5.1.1 Use and Organization 2-101 Division 2 — Land Use Matrix 2-103 Section 2.5.2.1 The Land Use Matrix 2-103 Division 3 —Accessory Uses & Structures 2-132 Section 2.5.3.1 Area Regulations for Accessory Buildings (All Districts) 2-132 Division 4 — Home Occupations 2-133 Section 2.5.4.1 Purpose 2-133 Section 2.5.4.2 Criteria for Home Occupations 2-134 Section 2.5.4.3 Prohibited Home Occupations 2-134 Section 2.5.4.4 Registered Family Home 2-135 Division 5 —Telecommunications Towers & Antennas 2-135 Section 2.5.5.1 Purpose, Applicability, & Conflicting Regulations 2-135 Section 2.5.5.2 Conditional Use Permit Required 2-136 Section 2.5.5.3 General Requirements & Regulations 2-138_ Section 2.5.5.4 Visual Impacts 2-138 Section 2.5,5.5 Principal, Accessory, &Joint Uses 2-139 Section 2.5.5.6 Shared Use 2-139 Section 2.5.5.7 Abandoned Towers 2-140 Section 2.5.5.8 Pre-Existing Towers & Non-Conforming Uses 2-140 Section 2.5.5.9 Public Property 2-140 Division 6 — Requirements Applicable to Specific Land Uses 2-141 Section 2.5.6.1 Industrialized Housing 2-141 Section 2.5.6.2 Non-Residential Uses in Residential Zoning Districts 2-141 Section 2.5.6.3 Residential Anti-Monotony Regulations 2-141 Section 2.5.6.4 Temporary Home Sales Offices 2-142 Section 2.5.6.5 Municipal Uses 2-143 Article 6—Supplemental Use Standards 2-145 Division 1 —Area, Building & Height Regulations 2-145 Section 2.6.1.1 Area & Building Regulations 2-145 Section 2.6.1.2 Special Height Regulations 2-150 Division 2 — Exterior Building Design Requirements 2-151 Section 2.6.2.1 Applicability & Requirements 2-151 Article 7—Nonconforming Uses & Structures 2-154 Division 1 — Intent of Provisions 2-154 Section 2.7.1.1 Intent & Definition 2-154 Chapter 2:Zoning Regulations Page 2-4 Division 2 — Classification of Nonconformities 2-154 Section 2.7.2.1 Nonconforming Use Criteria 2-154 Section 2.7.2.2 Nonconforming Structure Criteria 2-155 Section 2.7.2.3 Nonconforming Lot Criteria 2-155 Division 3 — Regulation of Nonconformities 2-156 Section 2.7.3.1 Continuance of Nonconformities 2-156 Section 2.7.3.2 Expansion of Nonconformities 2-156 Section 2.7.3.3 Repairs &Alterations 2-157 Section 2.7.3.4 Reconstruction Following Damage or Destruction 2-157 Section 2.7.3.5 Substitution of Nonconforming Uses 2-158 Section 2.7.3.6 Abandonment 2-158 Section 2.7.3.7 Special Exceptions for Nonconformities 2-158 Section 2.7.3.8 Nonconformities Specifically Related to the Old Townsite (OT)Zoning District 2-161 T t 1\ 1 Chapter 2:Zoning Regulations Page 2-5 Article 1 — Relationship to the Comprehensive Plan Division 1 —Applicability& Consistency Section 2.1.1.1 Rules for Determining Consistency (a) Comprehensive Plan .& Amendments. Development applications shall be consistent with the City's adopted Comprehensive Plan, as amended and updated. (b) Legislative Application Consistency. (1) A legislative development application is consistent with the City's adopted Comprehensive Plan if the application is consistent with applicable policies in the Comprehensive Plan and applicable Comprehensive Plan maps. (2) In determining whether a legislative development application is consistent with a Comprehensive Plan map, the City shall take into consideration the policies that govern interpretation of the map, as well as location or property specific designations on the map; (3) The Future Land Use Plan Map incorporated into the City's adopted Comprehensive Plan is not a zoning district map and shall not be construed as defining zoning district boundaries, but will be used as a guide in making decisions regarding zoning; (c) Quasi-Judicial or Administrative Application Consistency. (1) A quasi-judicial or administrative development application is consistent with the City's adopted Comprehensive Plan if the application conforms with regulations in this Unified Development Code that implement the applicable policies of the. Comprehensive Plan. (2) Policies or maps that have not been implemented through regulations incorporated in this Unified Development Code shall not be applied to quasi- judicial or administrative development applications. Division 2— Policies & Maps Section 2.1.2.1 Rules for Determining Consistency (a) Policies & Maps. The following Comprehensive Plan elements, adopted City plans and adopted City maps apply to legislative development applications: (1) The Comprehensive Plan, as amended and updated. (2) Water, wastewater and drainage master plans. (3) Park Plan. • Chapter 2:Zoning Regulations Page 2-6 Article 2 - Zoning Procedures Division 1 —Application for Zoning Map Amendment Section 2.2.1.1 Purpose, Applicability and Effect (a) Purpose. The purpose of an application for a zoning map amendment is to establish the initial zoning district classification of land, or to authorize a use of land, or in the case of overlay zoning districts, to authorize uses or a set of zoning standards for the land that are not presently authorized under the regulations for the zoning district in which the property is located. (b) Applicability. Where a property owner seeks to establish an initial zoning district classification for land, or to establish a use of land or through an overlay district to apply standards to a proposed use that are not currently authorized by the zoning district regulations currently in effect, the property owner must submit a petition for a zoning map amendment before seeking approval of any development application for such land. The requirements of this division do not apply to land outside of the City limits. The requirements of this division do apply to land annexed to the City upon the effective date of the annexation. (c) Effect. Enactment of an ordinance approving an application for a zoning map amendment results in an initial or a change in zoning district classification for the property, and the use of the land thereafter is subject to all requirements of the new zoning district. Section 2.2.1.2 Purpose, Applicability and Effect (a) Responsible Official. The Planning Director shall be the responsible official for an application for a zoning map amendment. (b) Initiation of Zoning Map Amendment. Only the property owner or the owner's authorized agent (proof of such authorization must be submitted with the zoning application), the Director, the Planning and Zoning Commission, or the City Council on its own motion, may initiate an application for a zoning map amendment. (1) In the event the ownership stated on an application is different from that shown in City or appraisal district records, the applicant shall submit written proof of ownership or,verification that the applicant is acting as an authorized agent for the property owner. (2) A landowner or agent seeking approval of an application for a zoning map amendment shall pay or otherwise satisfy all delinquent taxes, paving assessments, impact fees, or any other delinquent debts or obligations for the property to be rezoned at the time the application is submitted. It shall be the applicant's responsibility to provide evidence or proof that all taxes and obligations have been paid. (c) Accompanying Application. An application for a zoning map amendment may be accompanied by an application for amendment of the City's Comprehensive Plan, Chapter 2:Zoning Regulations Page 2-7 upon which the application for the zoning map amendment is dependent, or an application for a preliminary plat. (1) The Comprehensive Plan amendment shall be adopted in conformance with State law and in a manner consistent with the way in which the Comprehensive Plan is generally adopted. (2) The Comprehensive Plan amendment and the zoning map amendment may be processed concurrently as long as the recommendation and decision on the Comprehensive Plan amendment is made first; (3) The application for the zoning map amendment shall be decided prior to any accompanying application for a preliminary plat that is dependent on the map amendment. Section 2.2.1.3 Processing of Zoning Application and Decision (a) Published and Personal Notice. The Director shall cause personal notice of a joint public hearing on the zoning map amendment before the Planning and Zoning Commission and City Council to be given in accordance with Chapter 1, Article 2, Division 2 of this Unified Development Code. (b) Posted Notice. Notification signs of a public hearing on the application for a zoning map amendment, stating the purpose of the hearing, shall be posted on the subject property in conformance with Section 1.2.2.4 of this UDC. (c) Special.Notice. The City Council, by a two-thirds vote, may prescribe a different form of notice for the joint public hearing on a zoning amendment, in which case the notice requirements of Chapter 1, Article 2, Division 2 of this UDC do not apply. (d) Joint Public Hearing. The City Council and the Planning and Zoning Commission shall convene a joint public hearing on the zoning map amendment at the time and place designated in the notice of public hearing. The hearing shall be conducted in accordance with Chapter 1, Article 2, Division 3. The Mayor shall be the presiding officer at the joint public hearing. (e) Action by Commission. (1) Following the joint public hearing, the Planning and Zoning Commission shall formulate its report and recommendation, and shall forward the report and recommendation to the City Council. (2) The Planning and Zoning Commission shall recommend approval or denial of the zoning district designation sought by the applicant. If the Planning and Zoning Commission recommends denial of the zoning district designation sought by the applicant, the Commission may recommend approval of a less intense zoning district designation within the same zoning category if the category is Residential, Commercial, or Industrial. A district shall be considered less intense if it is listed in Section 2.4.1.2 of this UDC before the district sought by the applicant. • Chapter 2:Zoning Regulations Page 2-8 (f) Decision. (1) The City Council shall consider the report of the Planning and Zoning Commission and the application for the zoning map amendment. (2) The City Council may vote on either the recommendation by the Planning and Zoning Commission regarding the zoning district designation sought in the application or any recommendation by the Planning and Zoning Commission for approval of an alternate and less intense zoning district designation. (3) The City Council may consider and vote on a zoning district designation within the same category, if the category is Residential, Commercial, or Industrial, that is less intense than the zoning district designation sought by the application without returning the application to the Planning and Zoning Commission. A district shall be considered less intense if it is listed in Section 2.4.1.2 of this UDC before the district sought by the applicant. (4) If the City Council wants to consider a zoning district designation more intense than that recommended by the Planning and Zoning Commission, the Council shall return the application to the Planning and Zoning Commission with direction to make a recommendation on the alternate designation suggested by the City Council. A district shall be considered more intense if it is listed after the recommended zoning district in Section 2.4.1.2 of this UDC. (g) Ordinance. Approval of the Council of the zoning map amendment shall be in the form of an ordinance that amends the City's official Zoning Map. The Planning Director shall identify each zoning map amendment on the Zoning Map in accordance with the change approved by the Council. Any unauthorized change of the official Zoning Map hereby is deemed to be null and void. (h) Super-Majority Vote. In each of the following circumstances, a zoning amendment shall not become .effective except by the favorable vote of three-fourths of all members of the City Council: (1) When a written protest against the amendment is signed by the owners of twenty percent(20%) or more of either the area of the lots or land included in the proposed change, or of the lots or land adjoining or within two hundred feet (200') of the lots or land. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. For purposes of this subsection, the following shall apply: a. The written protest of any one owner of land owned by two or more ' persons shall be presumed to be the protest of all such owners. b. The written protest must be submitted to the City Secretary at least five business days before the date of the meeting at which the proposed change is to be considered. c. A person who wishes to withdraw a signature from a written protest ti must submit a signed, written request for the withdrawal to the City Secretary by the deadline for submitting a written protest. A signature may not be otherwise withdrawn. (2) When the Planning and Zoning Commission recommends denial of the zoning amendment. Chapter 2:Zoning Regulations Page 2-9 (3) When the zoning amendment would establish a zoning district designation that is within the same category, if the category is Residential, Commercial, or Industrial, as but less intense than the zoning district sought by the application but recommended for denial by the Planning and Zoning Commission. (i) Joint Public Hearing for Text Amendment. The City Council shall convene a joint public hearing with the Planning and Zoning Commission to consider any zoning text amendment in accordance with the procedures for a zoning map amendment (Section 2.2.1.3(d)). (j) Consideration of Previously Denied Amendments. A request to change the zoning district designation for a tract of land shall not be considered by the Planning ,,1 and Zoning Commission or the City Council within one (1) year of the Council's decision to deny the same requested change for all or any portion of the parcel, unless the Commission and Council each determine that there has been a substantial change in conditions surrounding the parcel since the initial request, and agree to reconsider the change by a three-fourths vote of the members present and voting. Section 2.2.1.4 Criteria for Approval (a) In making a determination regarding a requested zoning change, the Planning and Zoning Commission and the City Council may consider the following factors: (1) Whether the proposed zoning map amendment implements the policies of the adopted Comprehensive Plan, including the land use classification of the property on the. Future Land Use Map and any incorporated sector plan maps; (2) Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; (3) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area; and (4) Any other factors which will substantially affect the public health, safety, morals, or general welfare. Division 2—Application for Planned Development(PD) District Section 2.2.2.1 Purpose, Applicability, Nature and Size of District (a) Purpose. The purpose of an overlay planned development zoning district ("PD District") is to provide for the development of land as an integral unit for single or mixed use in accordance with a PD Design Plan that may include uses, regulations and other requirements that vary from the provisions of other zoning districts. PD Districts are intended to implement generally the goals and objectives of the City's • Comprehensive Plan. PD Districts are also intended to encourage flexible and Chapter 2:Zoning Regulations Page 2-10 creative planning, to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to result in a higher quality development for the community than would result from the use of conventional zoning districts. (b) Applicability. A PD district may only be established in one of the following circumstances: (1) The land is located in close proximity to established residential neighborhoods where conventional zoning classifications may not adequately address neighborhood concerns regarding the quality or compatibility of the adjacent development, and where it may be desirable to the neighborhood, the developer or the City to develop and implement mutually-agreed, enforceable development standards; (2) The land, or adjacent property that would be impacted by the development of the land, has sensitive or unique environmental features requiring .a more flexible approach to zoning and clustering of uses, or special design standards, in order to afford the best possible protection of the unique qualities of the site or the adjacent property; (3) The land is proposed for development as a mixed-use development or a traditional neighborhood development requiring more flexible and innovative design standards; (4) The land consists of Old Townsite and/or other older sections of Pearland that are proposed for redevelopment or infill development, and special design considerations are deemed desirable; • (5) The land serves as transition between different and seemingly incompatible land uses; (6) The land is proposed for development as a major office, retail, commercial or industrial employment center, and special design standards may be warranted; (7) The land is of such a character that it is in the community's best interest to encourage high quality development through flexible development standards to further the goals and objectives of the City's Comprehensive Plan; and (8) The land consists of unusually configured parcels that cannot be developed efficiently under the base district standards. (c) Nature of the District. Each PD District shall be established as an overlay zoning district that combines with one or more base zoning districts. Development in a PD district must be consistent with a Design Plan that is incorporated as part of the district by the adopting ordinance for the PD, except as provided in Section 2.2.2.6(b). (d) Minimum District Size. No PD district shall be established for a gross contiguous area less than the following: (1) Single-family detached, attached and duplex uses: five (5) acres; (2) Multiple-family uses: five (5) acres; (3) Non-residential uses: three (3) acres; Chapter 2:Zoning Regulations Page 2-11 (4) Mixed residential and nonresidential uses: three (3) acres. (e) Maximum Density. The maximum density for any residential use within a PD shall not exceed the maximum density allowed in the base zoning district. Section 2.2.2.2 Authorized Uses (a) Base Zoning District Uses. Any use permitted outright or conditionally in the base district shall be permitted in the PD district, unless the use is prohibited or otherwise conditioned in the regulations adopted for the PD district. Uses designated as conditional uses in the Land Use Matrix in Article 5, Division 2, Chapter 2 of this Ordinance may be authorized in the PD district only if designated on the Design Plan adopted as part of the PD district, in which case the use does not require a separate Conditional Use Permit under Article 2, Division 3, Chapter 2 of this Ordinance. (b) Overlay Zoning District Uses. The PD district may provide for uses not allowed in the base zoning district, provided that the uses are compatible with the stated purposes of the district and do not conflict with policies in the Comprehensive Plan, considering the arrangement, combination and design features of the uses within the PD district, as depicted on the Design Plan. (c) Location and Arrangement of Uses. The location and arrangement of all authorized uses in the PD district shall be consistent with the Design Plan approved with the district. (d) Limitations oh Residential Uses. Proposed lot sizes for residential uses in the PD district shall be no smaller on average than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family, duplex, etc.). A maximum of ten percent (10%) deviation in the size of the lots is permitted in order to provide improved design, or to provide flexibility in the layout of the subdivision or diversity in lot size choices. (e) Deviations from the Design Plan. Refer to Section 2.2.2.6 for regulations related to deviations from the Design Plan. Section 2.2.2.3 Development Standards (a) Base District and Supplemental Standards. In a PD district, uses shall conform to the standards in the base zoning district governing area, building and height requirements in this ordinance, and any applicable supplemental standards, unless specifically excepted in the ordinance establishing the PD district. (b) Overlay Zoning District Standards. In a PD district, standards otherwise applicable to authorized uses in the base zoning district or pursuant to this ordinance may be varied, and thereafter shall be applied to the uses established in the PD district, only if approved in the ordinance establishing the PD district. Standards that may be varied include, but may not be limited to, residential density (subject to 2.2.2.2(d) above), lot area, lot width, lot depth, yard depths and widths, building height and size, building exterior construction, lot coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signage, sidewalks, and lighting. Varied standards may increase or decrease the requirements otherwise applicable to particular uses. Any graphic depictions used to illustrate such Chapter 2:Zoning Regulations . Page 2-12 standards, unless otherwise provided in the PD district regulations, shall be considered standards that apply to subsequent development applications. (c) Usable Open Space Standards. In residential or mixed-use PD districts of twenty - (20) acres or more in size, unless otherwise expressly provided by the PD regulations or designated in the PD Design Plan, the following standards governing usable open space shall apply. (1) A minimum of twenty percent (20%) of the gross land area within the entire PD district shall be devoted to usable open space, consistent with the open space requirements of the City's Comprehensive Plan. Open space for PD districts may be satisfied by either public or by a combination of public and private open space. Open space requirements specified in this subsection are in addition to requirements for site landscaping and buffering. (2) Significant stands of native trees and shrubs shall be preserved and protected • from destruction or alteration. (3) Open space requirements shall be satisfied for each phase of a multi-phased residential development. If open space is not to be provided proportionally among phases of development, the applicant must execute a reservation of open space in a form that will assure the City that such open space will be provided. The City may require that all open space within the district must be provided prior to completion of development within the district. (4) Detention/retention facilities may be counted as open space when they are incorporated into the PD as an amenity, such as a lake or pond. The term "amenity" is defined within Chapter 5 of this UDC. (d) Public Facilities Standards. In order to implement the plan of development depicted in the Design Plan and to assure that the purposes of the district are realized, public facilities standards in subdivision regulations (Chapter 3 and Chapter 4, as applicable, of this UDC) may be varied, provided that such exceptions are expressly identified in the PD district regulations and illustrated where necessary on the Design Plan incorporated as part of the district regulations. Thereafter, standards applicable to plat applications and applications for site plans shall conform to the variations approved in the ordinance establishing the PD district. (e) Public Facilities Studies. In, order to justify variations from public facilities standards pertaining to provision of roadway and drainage facilities and to demonstrate compliance with the adequate public facilities policies in this ordinance, a traffic impact study or drainage study may be required as a pre-requisite for approving a petition for a PD district. Section 2.2.2.4 Application Requirements (a) Specific Items Required. No application for a PD shall be accepted by the City until the following items have been submitted to the City by the applicant. (1) A completed application form, including all requirements as stated on the application form; (2) A deed or contract on the property or similar document indicating ownership; Chapter 2:Zoning Regulations Page 2-13 (3) A Design Plan, prepared in accordance with Section 2.2.2.5 of this UDC; (4) A description of any development standards or requirements that are different from those in the base zoning district; (5) A description of how the proposed Planned Development fulfills the ideals, goals, objectives, and/or concepts of the City's adopted Comprehensive Plan or any other formally adopted City planning document, such as the Parks Plan or public facility plan. (6) A description of how any development standards or requirements that are different from those in the base district fulfill the items listed in (1)through (8) of Section 2.2.2.1.(b). (7) The required application fee. (b) Joint Workshop Required. Before the joint public hearing required by Section 2.2.1.3. is held for a PD application, a joint workshop of the City Council and the Planning and Zoning Commission must be held to discuss said application. Ord. No. 2000T-2, Section 2.2.2.4., February 26, 2007. Section 2.2.2.5 Design Plan (a) Requirement for Design Plan. No PD district may be established without approval of a Design Plan that illustrates the proposed location and arrangement of uses, the relationship of such uses to base zoning districts, development phasing, planned public improvements, open space, proposed amenities and the overall design of the development. Detailed requirements for the contents of a Design Plan are as prescribed on the application form. The Design Plan shall be incorporated as a component part of the PD district regulations, and shall be construed in conjunction ' with the authorized uses and development standards set forth in such regulations. ! (1) Residential PD Design Plan: A Design Plan for a development comprised of single-family or two-family (duplex) dwellings on individually platted lots shall show general uses, the topography and boundaries of the PD areas, existing physical features of the site, location of existing or proposed public facilities, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening/fencing, f landscaped or private amenity areas, project scheduling, and other pertinent development data. (2) Nonresidential or Multiple-Family PD Design Plan: A Design Plan for any '..\ nonresidential, multi-family, single-family attached, or manufactured (mobile) _ home development shall clearly show all pertinent aspects of the type and nature of the proposed development. The Design Plan shall show the types of use(s) proposed; access, topography and boundaries of the PD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening/fencing and Chapter 2:Zoning Regulations Page 2-14 landscaped areas; conceptual project phasing and scheduling; and other pertinent development data to adequately describe the proposed development. (3) Required Information: All information required by the City shall be listed on a separate application form available in the office of the Planning Director. (b) Consistency Required. All development applications within the PD district shall be consistent with the incorporated Design Plan. Failure of a subsequent development application to conform to the approved Design Plan for the PD district shall result in denial of the application, unless the PD district regulations first are amended through incorporation of a Design Plan with which the development application is consistent. The degree of conformity required between the Design Plan and subsequent development applications shall be set forth in the adopting ordinance. Section 2.2.2.6 Subsequent Development Applications (a) Development Applications Authorized. The development standards for a PD district shall be applied to the authorized uses through a subdivision plat, Site Plan or one or more site development plans prepared in accordance with Section 2.2.2.8, as set forth in the adopting ordinance. (b) Minor Deviations from Approved Design Plan. In determining whether development applications are consistent with the Design Plan, minor deviations from the Design Plan may be approved by the Planning Director. Unless otherwise specified in the adopting ordinance, minor deviations are limited to the following: (1) Corrections in spelling, distances, and other labeling that does not affect the overall development concept. (2) Changes in building position or layout that are less than ten feet (10') or ten percent(10%) in size. (3) Changes in the proposed property lines as long as the original stated project acreage is not exceeded. (4) Changes in parking layouts as long as the number of required spaces and general original design is maintained. (c)Major Deviations from Approved Design Plan. All major deviations from the Design Plan shall be submitted to the Planning and Zoning Commission and City Council for approval as an amendment of the PD district. Section 2.2.2.7 Approval Criteria for a Planned Development District (a) Factors. The following criteria will be used by the City in deciding whether to approve, approve with modifications, or deny a petition for a PD district: (1) The extent to which the land covered by the proposed PD district fits one or more of the special circumstances in Section 2.2.2.1(b) warranting a PD district classification. (2) The extent to which the proposed PD district furthers the policies of the City's adopted Comprehensive Plan (as amended) and other formally adopted City planning documents, such as the Parks Plan. Chapter 2:Zoning Regulations Page 2-15 (3) The extent to which the proposed PD district will result in a superior development than could not be achieved through conventional zoning classifications. (4) The extent to which the proposed PD district will resolve or mitigate any compatibility issues with surrounding development. (5) The extent to which proposed uses and the configuration of uses depicted in the Design Plan are compatible with existing and planned adjoining uses; (6) The extent to which the proposed development is consistent with adopted public facilities plans, including those related to water, wastewater, transportation, drainage and other public facilities; and } (7) The extent to which the proposed open space and recreational amenities within the development provide a superior living environment and enhanced recreational opportunities for residents of the district and for the public generally. (b) Conditions. The City Council may impose such conditions to the PD district regulations and Design Plan as are necessary to assure that the purpose of the PD district is implemented. Section 2.2.2.8 Adopting Ordinance (a) Items Specific to the Ordinance. The ordinance establishing a PD district shall incorporate the approved Design Plan as part of the district regulations and shall set forth the following: (1) The base zoning district(s) to be overlaid, together with the boundaries of the district(s); (2) A statement as to the purpose and intent of the PD district established therein; (3) The permitted, conditional and accessory uses authorized in the district, the location of such uses, the residential densities or other measurements of development intensity associated with base districts or phases of the development in conformance with the approved Design Plan; (4) The general standards applicable to development within the district, with or without reference to the base district, including but not limited to: density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and such other requirements as the City Council may deem necessary in order to implement the Comprehensive Plan, and the purposes of the PD District; (5) Provisions stating that all zoning standards not expressly set forth for the district in the adopting ordinance shall be as provided in the base zoning district(s), and that any standard in this ordinance that has not been expressly varied in the adopting ordinance shall be applicable to subsequent development permits for land within the PD district; (6) Design standards applicable to the development; Chapter 2:Zoning Regulations Page 2-16 (7) A specific list of deviations from standards in the base zoning district(s), together with any standards in the ordinance which are to be varied for development within the PD district; (8) Required dedications of land or public improvements; (9) A phasing schedule for the project, where applicable, setting forth the dates for submittal of site development plans and the timing of performance by the developer for. dedications of land or public improvements and satisfaction of any conditions in relation to the phasing of development, where applicable; and (10)Identification of the levels of the deviation allowed between the Design Plan and subsequent development applications, which may be approved by the Planning Director; (11)Specification of whether site development plans are required to implement the district regulations; (12)Such additional conditions as are established by the Council to assure that the PD district and Design Plan are consistent with the stated purposes of the district. Section 2.2.2.9 Site Development Plan (a) Requirement for Site Development Plan. Where required by the adopting ordinance, a Site Development Plan shall be the final step of the development process within a PD district. The purposes of a Site Development Plan are to assure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved Design Plan and to assure that the standards applicable within the PD District are met for each such lot, parcel or tract. (b) Contents of Site Development Plan. All applications and related contents shall be submitted consistent with a requirements checklist supplied. by the Planning Department. (c) Approval Process. (1) The City Council shall determine whether a Site Development Plan is required as part of the adopting ordinance'for a PD. If a Site Development Plan is determined to be required, such requirement shall be incorporated into the PD ordinance. (2) Delegation to Planning Director: The Planning Director hereby is delegated the authority to approve, conditionally approve, or deny a Site Development Plan and all amendments thereto, subject to appeal to the Planning & Zoning Commission and City Council. (3) Timing with Preliminary Plat: a. The Site Development Plan shall be submitted and approved along with a preliminary plat, or b. The Site Development Plan shall .be, submitted and approved prior to a preliminary plat. Chapter 2:Zoning Regulations Page 2-17 (4) Planning Director's Decision: The Planning Director shall approve, approve subject to conditions, or deny each Site Development Plan. (5) Approval Criteria. The Planning Director, in approving, conditionally approving, or denying a Site Development Plan, shall determine whether: • a. The plan complies with the applicable PD Design Plan and with the PD -' ordinance, including expressly conditions attached to the Design Plan or PD ordinance, within the levels of deviation specified in the PD ordinance. b. The plan complies with the standards and conditions of the zoning regulations and of other ordinances, rules and regulations of the City (to the extent that such standards and conditions are applicable to development within the PD District); c. The traffic estimated to be generated by the plan is generally consistent with any original, Council approved traffic impact analysis; , d. The plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.); and e. The drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas will be improved in a manner consistent with the authorized design. (6) Conditions. The Commission, or the Council on appeal, may establish such conditions to the approval of a Site Development Plan as are reasonably necessary to assure that the approval criteria are met. (d) Appeal. If the Planning Director approves a Site Development Plan with conditions or disapproves a Site Development Plan, the applicant may appeal the decision to the Planning and Zoning Commission Action by filing a written request with the City Secretary within ten (10) days after the Planning Director's decision. The Commission, after notice and public hearing, may sustain, reverse or modify the 1 • decision of the Planning Director on the Site Development Plan. The decision of the Commission shall be final. Section 2.2.2.10 Lapse of Development in PD Districts (a) Lapse of Authority to Submit Site Development Plan. In a PD district, progress toward development of the Design Plan shall occur within the followingtime periods: P 9 (1) An application for approval of a Site Development Plan, subdivision plat or site plan, as may be required, shall be submitted for approval within two years of the date of establishment of the PD District, unless otherwise provided in the adopting ordinance. If a Site Development Plan for all or a phase of the ( development depicted in the Design Plan is not submitted within such period, the authority to submit such development and all subsequent site development plans or required permits for the PD district shall be suspended. (2) If the land within the PD district is to be developed in phases, a Site Development Plan or other development application shall be submitted for the next phase within two (2) years from approval of a Site Development Plan or Chapter 2:Zoning Regulations Page 2-18 other development application for the preceding phase, or as otherwise provided in the phasing schedule for the PD district. If a subsequent Site Development Plan or other development application is not submitted within such period, the authority to submit such Site Development Plan application for that portion of the property and any subsequent site development plans or other development applications for the PD district shall be suspended. (3) Expiration of an approved Site Development Plan or other development application shall result in suspension of the authority to submit a new Site Development Plan or other development application for that portion of the property and for subsequent phases of development within the district for which a Site Development Plan or other development application has not been approved. (4) An approved Site Development Plan shall expire •if a preliminary plat application for single-family residential projects, or a site plan for any other project, is not approved within two years of the date of approval of the Site Development Plan. (5) Expiration of the approved preliminary plat or site plan subsequently shall result in expiration of the associated Site Development Plan. If the preliminary plat or site plan is reinstated, the Site Development Plan shall be deemed to be reinstated as well. (b) Commission Recommendation on Authority to Submit Site Development Plan. Following expiration of the right to submit a Site Development Plan or other development application, the Planning and Zoning Commission shall consider whether the undeveloped land within PD District should be changed to another zoning classification in accordance with the procedures for action upon a zoning map amendment pursuant to Section 2.3.2.2 of this UDC. The commission thereafter shall recommend to the City Council whether the right to submit a Site Development Plan or other development application should be reinstated, or whether the property should be zoned to another classification. (c) Council Consideration. The commission's recommendation shall be considered by the City Council in accordance with procedures for action upon a zoning map amendment pursuant to Section 2.3.2.2 of this UDC. The Council shall determine whether the right to submit the Site Development Plan or other development application should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the Council shall consider the following factors: (1) Whether the PD District remains consistent with the Comprehensive Plan; (2) Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site; (3) Whether there are extenuating circumstances justifying the failure to submit a Site Development Plan or other development application during.the applicable . time period; and (4) Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land. Chapter 2:Zoning Regulations Page 2-19 (d) Council Action. The City Council may take the following actions: (I) Reinstate the right to submit the Site Development Plan application or other development application within a time certain, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD district; (2) Modifythe PD district regulations applicable to the property; or 9 PP� P P Y� (3) Repeal the PD district for the affected portions of the property and zone such property to another zoning district classification. Section 2.2.2.11 Documentation of PD Districts (a) Planned Development Ordinances Approved Prior to the Adoption of the UDC. Prior to adoption of this UDC, the City Council previously established certain Planned Development districts (which may be referred to as Planned Unit Development (PUD) districts), which may be continued in full force and effect. The PUD ordinances or parts thereof approved prior to this UDC, specified in Appendix A, that are carried forth in full force and effect shall be shown on the Zoning Map as of the effective date of this UDC. Each prior PUD ordinance is hereby assigned a unique identification number with a PD prefix (e.g., PD-1, PD-2, PD-3, and so on) as shown in Appendix A, and subsequent PD ordinances adopted after the effective date of this UDC shall be sequentially numbered for identification purposes. (b) Planned Development Ordinances Approved After Adoption of the UDC. All Planned Development zoning districts approved after adoption of this UDC, as may be amended, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on), and shall also be referenced on the Zoning Map. A list of such Planned Development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this UDC in Appendix A. Division 3— Conditional Use Permit(CUP) Section 2.2.3.1 Purpose, Applicability, and Effect (a) Purpose. The purpose of a Conditional Use Permit is to allow the establishment of L_. uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses enumerated as conditional uses in a particular zoning district, or those nonconforming uses which are damaged or destroyed, and which are permitted to'be reestablished under this Unified Development Code, shall be f authorized as conditional uses. Chapter 2:Zoning Regulations Page 2-20 (b) Applicability. A Conditional Use Permit is required to use or develop property within the City limits for any use designated as a conditional use in the Land Use Matrix in Chapter 2, Article 5 of this Unified Development Code for the zoning district in which the property is located. The Conditional Use Permit application must be accompanied by a Site Plan prepared in accordance with Article 1, Division 1 of Chapter 4. (c) Effect. Approval of a Conditional Use Permit authorizes the use or development of the property in accordance with the conditions of the permit. Approval of a Conditional Use Permit shall be deemed to authorize only the particular use for which the permit is issued and shall apply only to the property for which the permit is issued. No conditionally permitted use shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new Conditional Use Permit in accordance with the procedures set forth in this section. Initiation or development of the use shall not be authorized until the applicant has secured all the permits and approvals required by this Unified Development Code. (d) Characteristic of the Land: A Conditional Use Permit is considered to be a characteristic of the land rather than a characteristic of the landowner. A CUP itself cannot be bought or sold. Section 2.2.3.2 Application Requirements and Documentation (a) Responsible Official. The Planning Director shall be the responsible official for a Conditional Use Permit. (b) Contents. All applications and related contents shall be submitted consistent with a requirements checklist supplied by the Planning Department. (c) List of Conditional Use Permits (CUPs) Approved After Adoption of the UDC. All Conditional Use Permits (CUPs) approved in accordance with the provisions of this UDC, as may be amended, shall be sequentially numbered and shall be referenced on a listing maintained and available in the Planning Department. CUPs shall not be referenced on the Zoning Map. Specific Use Permits (SUPs) approved by the City Council prior to the adoption of this UDC are zoning designations and shall be treated the same as any prior approved zoning classification. Ord. No. 2000T-2, Section 2.2.3.2., February 26, 2007. Section 2.2.3.3 Processing of Application and Decision (a) Hearing and Notification. The Director shall schedule a public hearing before the Planning and Zoning Commission and the, City Council on the application for a Conditional Use Permit, and shall cause personal notice to be given in accordance with Section 1.2.2.2. • (b) Commission Decision. The Planning and Zoning Commission and City Council shall jointly conduct a public hearing on the application in accordance with Article 2, Division 3 of Chapter 1. The Planning and Zoning Commission shall make a Chapter 2:Zoning Regulations Page 2-21 recommendation of approval or denial of the requested CUP to the City Council, who shall be the final decision maker regarding whether to approve, approve with conditions or modifications, or deny the permit. The Commission may also recommend whether any requested variations from the standards in the zoning district regulations should be granted for the use. Ord. No. 2000T-4, Section 2.2.3.3., September 24, 2007. Section 2.2.3.4 Criteria for Approval (a) Factors. When considering an application for a Conditional Use Permit, the Planning and Zoning Commission and City Council shall evaluate the impact of the proposed conditional use on and its compatibility with surrounding properties and residential areas to ensure the appropriateness of the use at the particular location, and shall consider the extent to which: (1) The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan; (2) The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; (3) The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; (4) The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; (5) The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; (6) The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and (7) The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood. (b) Conditions. The City Council may require such modifications in the proposed use and attach such conditions to the Conditional Use Permit as the City Council deems necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional ' landscaping, curbing, sidewalk, vehicular access and parking improvements, Chapter 2:Zoning Regulations Page 2-22 • placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation. (c) No Variances. The conditions imposed on the application shall not be subject to variances that otherwise could be granted by the Zoning Board of Adjustment, nor may conditions imposed by the City Council subsequently be waived or varied by the Zoning Board of Adjustment. Ord. No. 2000T-4, Section 2.2.3.4., September 24, 2007. 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) 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. Section 2.2.3.E Ord. No. 2000T-4, Section 2.2.3.6. removed in its entirety, September 24, 2007. Division 4—Application for Cluster Development Plan Section 2.2.4.1 Purpose and Applicability (a) Purpose. The purpose of a Cluster Development Plan shall be to authorize the use of residential density standards in substitution for minimum lot size standards for residential uses. (b) Applicability. A Cluster Development Plan shall be required inside the City limits whenever the property owner seeks authorization to have subsequent development applications reviewed under residential density standards in lieu of minimum lot size standards. Chapter 2:Zoning Regulations Page 2-23 Section 2.2.4.2 Application Requirements • (a) Responsible Official. The Planning Director shall be the responsible official for a Cluster Development Plan. (b) Accompanying Applications. Approval of an application for a Cluster Development Plan must be obtained before an application for approval of a master subdivision plat or a preliminary subdivision plat covering any property that was included -in the Cluster Development Plan may be submitted. Where a master subdivision plat is required, it shall be decided before the decision on any preliminary subdivision plat. (c) Contents. All applications and related contents shall-be submitted consistent with a requirements checklist supplied by the Planning Department. Ord. No. 2000T-3, Section 2.2.4.2., July 9, 2007. Section 2.2.4.3 Processing of Application and Decision (a) Hearing and Notification. The Director shall schedule the application for approval of a Cluster Development Plan at a meeting of the Planning and Zoning Commission. (b) Commission's Action. The Planning and Zoning Commission shall approve, conditionally approve or deny the application for a Cluster Development Plan. [This space intentionally left blank] r Chapter 2:Zoning Regulations Page 2-24' Section 2.2.4.4 Criteria for Approval (a) Factors. The Planning and Zoning Commission, or the City Council on appeal, shall apply the following factors in taking action on the Cluster Development Plan application: (1) The Cluster Development Plan meets the standards for residential density as outlined in the following in relation to each zoning district: Table 2-1 Gross Density for Residential Areas of Dwelling Units per Acre Permitted in Cluster Developments by Base Zoning District ZONING DISTRICT Gross Density RE 1.3 SR-15 1.9 SR-12 2.3 R-1 3.2 R-2 4.0 R-3 4.7 R-4 5.6 Townhome 9.4 NOTE:The above densities are based on gross density for residential areas as defined in Chapter 5 of this UDC. (2) The Cluster Development Plan is consistent with other zoning district regulations, except minimum lot size, width and depth. (3) The Cluster Development Plan contains sufficient buffering to assure compatibility with adjacent uses and the character of the neighborhood. (4) The Cluster Development Plan provides open space or amenities to the development that could not be achieved through application of minimum lot size standards. As referred to herein, open space and amenities do not include any land dedicated to the City under the parkland dedication requirement in Chapter 3, Article 2, Division 10. (b) Conditions. The Planning and Zoning Commission, or the Council on appeal, may impose such conditions on approval of the Cluster Development Plan as are necessary to assure compatibility with adjoining uses and neighborhood character. Ord. No. 2000T-3, Section 2.2.4.4., July 9, 2007. Section 2.2.4.5 Appeals (a) The applicant or other interested person may appeal the decision of the Planning and Zoning Commission to the City Council in accordance with Chapter 1, Article 3, Division 1. The Council shall apply the criteria in Section 2.2.4.4 in deciding whether the Commission's action should be upheld or modified. Chapter 2:Zoning Regulations Page 2-25 I\_ Section 2.2.4.6 Expiration Extension and Reinstatement (a) Expiration. If a preliminary subdivision plat has not been approved for land subject to the Cluster Development Plan within one (1) year from the date of approval, the Plan shall lapse and no application for plat approval, or application for approval of a Cluster Development Plan on another phase of the development shall be accepted for filing thereafter, unless the Cluster Development Plan is reinstated. (b) Extension and Reinstatement. The Planning and Zoning Commission may extend the time of expiration for or reinstate a Cluster Development Plan for a period not to exceed one year, in accordance with the procedures in Article 3, Division 5 of this Chapter 1. Division 5—Zoning Board of Adjustment Procedures Section 2.2.5.1 Special Exceptions. (a) Purpose, Applicability and Effect. (1) The purpose of a special exception shall be to authorize a modification of zoning standards applicable to particular types of development within any zoning district, which is consistent with the overall intent of the zoning ordinance and for which express standards are prescribed, but that requires additional review to determine whether the development with the modification is compatible with adjoining land uses and the character of the neighborhood in which the development is proposed. (2) An application for a special exception may be filed only for those modifications listed in Section 2.7.3.7 of this Code. The special exceptions procedure shall be applicable only within the City limits. • (3) Approval of an application for a special exception entitles the property owner to undertake the activity authorized under the exception notwithstanding any standards in the zoning district regulations to the contrary. • (b) Application Requirements. (1) The Planning Director shall be the responsible official for a special exception. (2) An application for a special exception shall be accompanied by the following: a. All information required for a zoning variance; b. A statement describing in detail how the proposed exception meets the applicable standards. c. Completed application form and required fees (c) Processing of Application and Decision. (1) The Zoning Board of Adjustment shall conduct a public hearing on the application in accordance with Article 2, Division 3 of Chapter 1. Personal notice shall be provided in accordance with Chapter 1, Article 2 of this UDC. Chapter 2:Zoning Regulations Page 2-26 (2) The Zoning Board of Adjustment shall approve, conditionally approve, or deny the special exception. (3) An application for approval of a special exception shall be decided within thirty (30)days of the official filing date. (d) Criteria for Approval. (1) In deciding whether to approve, conditionally approve or deny the application for a special exception, the Board shall apply the standards in Article 7 of this Chapter 1 governing the special exception. In addition, the Board shall consider whether the special exception will substantially and adversely affect the use of adjacent or neighboring property. (2) The Board may impose such conditions on the application for special exception as are necessary to prevent harm to adjacent or neighboring property. (e) Expiration. The special exception shall expire one (1) year after the Board approves or conditionally approves the application unless the applicant obtains all necessary construction permits or otherwise performs the tasks authorized by the approved special exception within such period. 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. (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. Chapter 2:Zoning Regulations Page 2-27 (3) An application for a variance to a use in a zoning district for which an application for a zoning amendment is pending may not be accepted for filing until a final decision has been reached on the zoning amendment. (4) A variance application may not be accepted for filing until a plat of the property has been approved, unless determined otherwise by the Planning Director. (c) Processing of Petitions and Decision. (1) The Zoning Board of Adjustment shall conduct a public hearing on the variance ' application in accordance with Chapter 1. Personal notice shall be provided in accordance with Chapter 1, Article 2 of this UDC. (2) The Zoning Board of Adjustment shall approve, conditionally approve, or deny the variance application. (3) A variance application shall be decided within forty-five (45) days of the official filing date, unless the application is tabled or there is a lack of quorum. In either case, the ZBOA shall then have an additional forty-five (45) days to decide the application. Any additional time period that the ZBOA needs to decide an application must be agreed upon by the applicant, and the ZBOA shall decide the application within the agreed-upon timeframe. (4) The applicant for a variance bears the burden of proof to demonstrate that a variance to the standards applicable to a particular use should be granted. (5) The applicant shall be notified of the decision on the variance petition in the manner provided in Chapter 1 of this UDC. (d) Criteria for Approval. In deciding the variance application, the Board shall apply the following criteria: (1) There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land such that the strict application of the provisions of this Code to the proposed use would create an undue hardship or inequity upon or for the applicant, as distinguished from a mere inconvenience, in developing the land or deprive the applicant of the reasonable and beneficial use of the land; (2) The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of the petitioner's land; (3) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; (4) Granting the variance application will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (5) Granting the variance application will not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Code, or adversely affect the rights of owners or residents of surrounding property; (6) The hardship or inequity suffered by petitioner is not caused wholly or in substantial part by the petitioner; Chapter 2:Zoning Regulations Page 2-28 (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. (2) If the building permit expires, the variance also shall expire. If the building permit is extended, the variance also shall be extended. Ord. No. 2000T-2, Section 2.2.5.2., February 26, 2007. Section 2.2.5.3 Application for Change in Nonconforming Status (a) Application. A property owner may apply to the Zoning Board of Adjustment for a change in the status of a nonconforming use or structure for the following matters: (1) Expansion of the land area of a nonconforming use; (2) Expansion of the gross floor area of a nonconforming structure; (3) Reconstruction of a nonconforming structure that has been destroyed (refer to Section 2.7.3.4); (4) Resumption of a nonconforming use previously abandoned; (5) The enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair does not increase the structure's nonconformity; or (6) Encroachment on a zoning setback line. (b) Effect. If the Board grants the application for a change in nonconforming status, modifications made in the nonconforming use, structure or,lot that are consistent with the approved application shall enjoy the same status and shall be subject to the same limitations as the original nonconformity under this Code. (c) Decision. The ZBA shall process and decide. the petition for a change in nonconforming status as a special exception in accordance with Section 2.2.5.1 of this article. (d) Criteria for Approval. In deciding the application, the Board shall apply the following criteria: . Chapter 2:Zoning Regulations Page 2-29 (1) The proposed change in nonconforming status meets the criteria in Article 7 of this Chapter; (2) Granting the application shall not result in greater harm to adjacent and neighboring land uses than the original nonconformity. (e) Petition for Termination. (1) A City official may petition the Zoning Board of Adjustment for termination in nonconforming status of a nonconforming use, nonconforming structure or nonconforming lot. (2) If the Board grants the petition for termination of nonconforming status, the nonconforming use, nonconforming structure or nonconforming lot shall be deemed in violation of this Unified Development Code and shall be subject to any remedy for enforcement, as provided in Article 2, Division 6 of Chapter 1. Thereafter, the property owner may not seek reinstatement of nonconforming status. (3) The Planning Director shall be the responsible official for a petition seeking termination of nonconforming status. (4) The application shall include a concise statement of the reasons why the nonconforming status should be terminated, with specific reference to the rule(s) governing the nonconformity which the petitioner seeks to enforce and a detailed explanation of how granting the petition enforces the standards governing nonconforming status. (5) The Board shall process and decide the petition for termination in nonconforming status as a revocation proceeding under Article 2, Division 6 of Chapter 1. Article 3 —Zoning Regulations Division 1 —Purpose Section 2.3.1.1 Purpose of Regulations & Districts (a) Accordance with the TLGC. The zoning regulations and districts contained in this Chapter are established in accordance with an adopted comprehensive plan (and related updates), as authorized by Chapter 211 of the Texas Local Government Code, for the purpose of promoting the public health, safety, morals and general welfare,and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits. The zoning regulations and districts contained in this Chapter have been designed to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to ensure adequate light and air, to prevent the overcrowding of land and thus avoid undue concentration of population, and to facilitate the adequate provision of transportation, water supply, wastewater treatment, schools, parks and other public requirements. They are established with reasonable consideration for, among other ( things, the character of each zoning district and its peculiar suitability for the Chapter 2:Zoning Regulations Page 2-30 particular uses specified, conserving the value of buildings and environmentally sensitive features, and encouraging the most appropriate use of land throughout the City. Division 2—Zoning Mao Section 2.3.2.1 Division of the City into Districts & Related Map (a) Division. The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the "Zoning Map", which is adopted as a part of this Code as fully as if the same were set forth herein in detail. Section 2.3.2.2 The Official Zoning District Map (a) Official Map. The Zoning Map shall be maintained in the office of the Planning Director and labeled as "Official Zoning Map of the City of Pearland, Texas". This map shall be the official Zoning Map and shall bear the signature of the mayor, attested by the City Clerk, shall bear the seal of the City, and shall contain the following certification: "This is to certify that this is the Official Zoning Map referred to in Chapter 4 of the Unified Development Code,Ordinance No. 2000T of the City of Pearland, Texas, adopted on the 27th day of February, 2006, as amended by official action of the City Council". In case of any question, this version of the map shall be controlling. (b) Maintenance of Official Map. The official Zoning Map shall be maintained in the office of the Planning Director. The map shall be used for reference and shall be maintained up-to-date by incorporating all subsequent amendments enacted by official action of the City Council. The Planning Director will use all reasonable means to protect the official Zoning Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs. (c) Changes or Amendments Reflected on the Map. Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning Map file promptly after the amendment has been approved by the City Council. The Planning Director shall maintain a descriptive log of amendments to the map using the following format: "On the th day of , , by official action of the City Council of Pearland, Texas, the following change(s) was made on the City's official Zoning Map: (enter a brief description of the nature of the change), Ordinance No. , effective dateIP Each descriptive entry for an amendment to the official map shall be signed by the Planning Director. The Planning Director will use all reasonable means to ensure that no changes are made to the official Zoning Map without _authorization by official action of the City Council. (d) Replacement of the Official Zoning District Map. In the event that the official Zoning Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt, by ordinance following a public hearing, a new official Zoning Map which shall replace and supersede the prior Zoning Map, but Chapter 2:Zoning Regulations Page 2-31 which shall not, in effect, amend or otherwise change the original official Zoning Map or any subsequent amendment thereto. Ord. No. 2000T-2, Section 2.3.2.2., February 26, 2007. Section 2.3.2.3 Zoning District Boundaries (a) Rules of Interpretation. The zoning district boundary lines shown on the Zoning Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the ' following rules shall apply: (1) Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow the centerlines. (2) Boundaries shown as approximately following platted lot lines shall be construed as following the lot lines. (3) Boundaries shown as approximately following City limits shall be construed as following the City limits. (4) 'Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines. (5) Boundaries shown as following shorelines shall be construed to follow the shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainageways shall be construed to follow the centerlines, and in the event of change in any such centerlines shall be construed to move with the centerlines. (6) Boundaries shown as parallel to, or extensions of, features described in subsections "1" through "5" above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map. (7) The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning - approval, it is stated that the zoning classification shall not apply to the street. (8) Where physical features on the ground are at variance with information shown on the Zoning Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections "1" through "8" above, then the Zoning Board of Adjustment shall interpret the zoning district boundaries. (9) If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property shall be considered classified as "SD" (Suburban Development District) in the same manner as provided for newly annexed territory. Chapter 2:Zoning Regulations Page 2-32 (b) Zoning changes which are still valid and which were made between the effective date of the previous Zoning Ordinance (Ordinance No.509, as amended), adopted on March 10, 1986, and the effective date of this Code are indicated in approximate locations on the Zoning Map. For exact legal descriptions, refer to the adopting ordinances for each particular zoning change. Division 3— Compliance &Application Section 2.3.3.1 Compliance&Application of Zoning Regulations (a) Compliance Hereafter. All land, buildings, structures or appurtenances thereon located within the City of Pearland, Texas which are occupied, used, constructed, erected, removed, placed, demolished, or converted after the effective date of this ordinance shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties provided in Chapter 1 of this Ordinance. This shall be deemed to include only the portion of the building, structure or land which is actually newly occupied, newly used, erected, constructed, reconstructed, moved or structurally altered after the effective date of this Ordinance. All of the standards and regulations prescribed by this Ordinance shall be considered as the minimum requirement unless explicitly stated otherwise. No building shall hereafter be erected or altered: (1) To have more narrow or smaller front, side or rear yards than those required by this Ordinance; (2) To exceed the maximum height allowed by this Ordinance; (3) To occupy a greater percentage of lot area than allowed by this Ordinance; or (4) To accommodate or house a greater number of families than is specified within this Ordinance for the zoning district in which such building is located. (b) Lot Area Deficiency. If a lot was legally platted prior to the effective date of these zoning regulations (February 27, 2006), was held in separate ownership from any adjacent property at such 'time, and contains less area, width or depth than is required under these regulations, such lot may be used for any use lawful within the district, notwithstanding such lot area deficiency, provided, however, such lot shall be subject to all other district regulations. (c) Use Conflicting With Other Regulations: No use(s) shall be allowed that is prohibited by State or Federal law or that operates in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable State or Federal agency, as the case may be. Chapter 2:Zoning Regulations Page 2-33 (d) Setbacks, Yards, & Open Spaces: No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Ordinance, nor shall a part of a yard or other open space required by this Ordinance for any building or lot be included as a part of a yard or other open space similarly required for another building or lot. (e) Grades, Open Spaces, Off-Street Parking or Loading Spaces. No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with these zoning regulations, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use unless such inclusion is officially applied for and approved by the City. (f) Completion of Buildings. Nothing herein contained shall be deemed to require any change in the plans, construction, or use of a building for which a currently valid building permit has been obtained at the time of passage of this Unified Development Code (UDC), so long as the entire building is completed within one (1) year from the effective date of this UDC. The Zoning Board of Adjustment, upon application, may grant a one (1) year extension of the time of completion upon showing of reasonable progress of construction. Any building permit in effect at the passage of this UDC shall become void if construction is not begun within one hundred twenty (120) days thereof. (g) Applications in Relation to Zoning: No plat applicable to land that is located within the City limits shall be submitted for approval until the area contained within the plat has been zoned for the proposed use of the property. (h) Existing Uses: All existing uses that may be nonconforming after the effective date of this ordinance shall comply with Chapter 2, Article 7 of this UDC. (i) Characteristic of the Land: Zoning is considered to be a characteristic of the land rather than a characteristic of the landowner. Zoning itself cannot be bought or sold. Division 4-Zoning Upon Annexation Section 2.3.4.1 Zoning Regulations &Annexation (a) Establishment of Zoning. As soon as practical following annexation, but in no event more than one hundred and eight (180) calendar days thereafter, the Planning Director shall, on the Director's own or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory. The Planning Director shall commence public notification and other standard procedures for zoning amendments as set forth in Chapter 1 of this Unified Development Code. (b) Timing of Zoning. The proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notices and public hearings). However, the zoning approval and formal adoption of the ordinance establishing zoning shall occur after annexation takes effect as a former action by the City Council, and the zoning approval and formal adoption of the ordinance establishing zoning shall occur as a separate and distinct action by the City Council. Chapter 2:Zoning Regulations 4_ Page 2-34 (c) Initial Zoning. From the time an annexation takes effect until action is completed to zone the land, the interim zoning of the land shall be considered to be Suburban Development (SD) District, and all zoning and development regulations of the SD zoning district shall be adhered to with respect to development and use of the land that has been newly annexed. (d) Proper Notification. The initial zoning of annexed land shall meet the requirements for notification and public hearings as set forth in Chapter 1 of this Code and all applicable State laws. • (e) Simultaneous Petition for Annexation &Zoning by a Landowner. The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of a petition for annexation, but an annexation petition may not be conditioned upon the approval of any particular zoning classification. (f) Building Permit Required. No person shall erect, excavate, construct, proceed, or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or demolish any building or structure or cause the same to be done in any area of the City or in any newly annexed territory to the City without first applying for and obtaining a building permit therefor from the Enforcing Officer as may be required in applicable City ordinances. [This space intentionally left blank] Chapter 2:Zoning Regulations Page 2-35 Article 4 — Zoning Districts Division 1 —Zoning Districts Established Section 2.4.1.1 Uniformity (a) Minimum Regulations. The regulations set by this Ordinance for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. Section 2.4.1.2 Division Into Zoning Districts (a) Specific Zoning Districts. The City of Pearland is hereby divided into the following zoning districts, which are grouped into the following five categories: Residential, Mixed Use, Commercial, Industrial, and Corridor Overlay, and are represented by the respective abbreviations and district names: ABBREVIATED ZONING DESIGNATION DISTRICT NAME Residential Zoning Districts SD Suburban Development District R-E Single-Family Estate District (minimum '/z-acre lots) SR-15 Suburban Residential-15 (minimum 15,000-square-foot lots) SR-12 Suburban Residential-12 (minimum 12,000-square-foot lots) R-1 Single-Family Residential-1 (minimum 8,800 square foot lots) R-2 Single-Family Residential-2 (minimum 7,000 square foot lots) R-3 Single-Family Residential-3 (minimum 6,000 square foot lots) R-4 Single-Family Residential-4 (minimum 5,000 square foot lots) TH Townhouse Residential District MF Multiple-Family Residential District (maximum 16 units per gross acre) MH Manufactured Home Park District Chapter 2:Zoning Regulations Page 2-36 ABBREVIATED ZONING DESIGNATION DISTRICT NAME Mixed Use Districts SPD Spectrum District C-MU Cullen Mixed Use District G/O-MU Garden/O'Day Mixed Use District OT Old Townsite District Non-Residential Districts OP Office & Professional District BP-288 Business Park District-288 NS Neighborhood Service District GB General Business Retail District GC General Commercial District M-1 Light Industrial District M-2 Heavy Industrial District Corridor Overlay Districts COD Corridors Overlay District Division 2— Residential Zoning Districts Section 2.4.2.1 SD, Suburban Development District (a) Purpose. The Suburban Development District (SD) is intended to provide areas for land that is relatively undeveloped and/or agricultural in nature. The SD District is also a default district,for newly annexed land that is not yet ready to be zoned for a particular intended use. (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) 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. Ord. No. 2000T-3, Section 2.4.2.1., July 9, 2007. Section 2.4.2.2 R-E, Single-Family Estate District Chapter 2:Zoning Regulations Page 2-37 Purpose. The Sin Single-Family Estate District (R-E) is intended to permit the low (a) g y density residential development of detached single-family dwelling units and appropriate desirable open space. (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 Area—One-half(1/2) acre (21,780 square feet) b. Minimum Lot Width- One hundred and twenty feet(120') c. Minimum Lot Depth- Ninety feet(90') d. Maximum Lot Coverage- Fifty percent(50%) (2) Size of Yards: a. Minimum Front Yard- Forty feet (40'); thirty-five feet (35') feet for cul-de- sac lots and thumbnail lots. b. Minimum Side Yard—Ten feet (10'); equal to the front yard when abutting a street right-of-way. 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). (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners association to manage and maintain such common land and/or facilities. (g) 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. Ord. No. 2000T-3, Section 2.4.2.2., July 9, 2007. Section 2.4.2.3 SR-15, Suburban Residential-15 District - (a) Purpose. The Suburban-Residential-15 District (SR-15) is intended to permit the low density residential development of detached single-family dwelling units and appropriate desirable open space. (b) Authorized Uses. The following are authorized uses under the regulations established in this chapter: Chapter 2:Zoning Regulations Page 2-38 (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 Area - Fifteen thousand (15,000) square feet b. Minimum Lot Width- One hundred.feet(100') c. Minimum Lot Depth- Ninety feet(90') d. Maximum Lot Coverage- Fifty percent (50%) (2) Size of Yards: a. Minimum Front Yard - Thirty feet (30'); twenty-five feet (25') feet for cul- de-sac lots and thumbnail lots. b. Minimum Side Yard—Ten feet (10'); equal to the front yard when abutting a street right-of-way. 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). (d) Height Restrictions. No building shall exceed thirty-five feet (35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners association to manage and maintain such common land and/or facilities. (g) 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. - Ord. No. 2000T-3, Section 2.4.2.3., July 9, 2007. Section 2.4.2.4 SR-12, Suburban Residential-12 District (a) Purpose. The Suburban-Residential-12 District (SR-12) is intended to permit the low density residential development of detached single-family dwelling units and appropriate desirable open space. (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: Chapter 2:Zoning Regulations Page 2-39 a. Minimum Lot Area-Twelve thousand (12,000)square feet b. Minimum Lot Width- One hundred feet(100') c. Minimum Lot Depth- Ninety feet (90') d. Maximum Lot Coverage- Sixty percent(60%) (2) Size of Yards: a. Minimum Front Yard—Twenty-five feet (25'); twenty feet (20')feet for cul- de-sac lots and thumbnail lots. b. Minimum Side Yard—Ten feet (10'); equal to the front yard when abutting a street right-of-way. c. Minimum Rear Yard—Twenty feet (20'); 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). (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners association to manage and maintain such common land and/or facilities. (g) 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. Ord. No..2000T-3, Section 2.4.2.4., July 9, 2007. • Section 2.4.2.5 R-1, Single-Family Residential-1 District (a) Purpose. The Single-Family Residential-1 District(R-1) is intended to permit the low density residential development of detached single-family dwelling units and appropriate desirable open space. (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 Area - Eight thousand and eight hundred (8,800) square feet b. Minimum Lot Width- Eighty feet(80') c. Minimum Lot Depth- Ninety feet(90') d. Maximum Lot Coverage- Sixty percent(60%) Chapter 2:Zoning Regulations Page 2-40 (2) Size of Yards: a. Minimum Front Yard—Twenty-five feet (25'); twenty feet (20')feet for cul- de-sac lots and thumbnail lots. b. Minimum Side Yard 1. Seven feet and six inches (7'-6"); except as modified below: 2. Corner Lot: a) Equal to the front yard when abutting a street right-of-way. b) If the recorded plat indicates corner lots will be restricted to front entry only, there shall be a minimum yard of at least fifteen feet(15') adjacent to the side street of a corner lot when the corner lot backs up to an abutting side yard and ten feet (10') adjacent to the side street of a corner lot when the corner lot backs up to an abutting rear yard. c. Minimum Rear Yard 1. Twenty feet (20') 2. Twenty feet (20') when adjacent to a thoroughfare or collector roadway if a ten-foot (10') landscape reserve is located between the property line and the right-of-way line in accordance with 4.2.2.5(f) 3. Thirty feet (30') when adjacent to a thoroughfare or collector roadway and there is no ten-foot(10') landscape reserve. (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners association to manage and-maintain such common land and/or facilities. (g) 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. Ord. No. 2000T-3, Section 2.4.2.5., July 9, 2007. Ord. No. 2000T-8, Section 2.4.2.5., August 25, 2008. Section 2.4.2.6 R-2, Single-Family Residential-2 District (a) Purpose. The Single-Family Residential-2 District (R-2) is intended to permit the low density residential development of detached single-family dwelling units and appropriate desirable open space. (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. Chapter 2:Zoning Regulations Page 2-41 (c) Area Regulations. (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- Ninety feet(90') d. Maximum Lot Coverage- Sixty percent(60%) (2) Size of Yards: a. Minimum Front Yard 1. Twenty-five feet (25'). 2. Twenty feet(20')for cul-de-sac lots and thumbnail lots. b. Minimum Side Yard 1. Seven feet and six inches (7'-6"); except as modified below: 2. Corner Lot: a) Equal to the front yard when abutting a street right-of-way. b) If the recorded plat indicates corner lots will be restricted to front entry only, there shall be a minimum yard of at least fifteen feet(15') adjacent to the side street of a corner lot when the corner lot backs up to an abutting side yard and ten feet (10') adjacent to the side street of a corner lot when the corner lot backs up to an abutting rear yard. c. Minimum Rear Yard 1. Twenty feet(20'); 2. Twenty feet (20") when adjacent to a thoroughfare or collector roadway if a ten-foot (10') landscape reserve is located between the property line and the right-of-way line in accordance with 4.2.2.5(f). 3. Thirty feet (30') when adjacent to a thoroughfare or collector roadway and there is no ten-foot(10') landscape reserve. (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners association to manage and maintain such common land and/or facilities. (g) 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. Ord. No. 2000T-3, Section 2.4.2.6., July 9, 2007. Ord. No. 2000T-8, Section 2.4.2.6., August 25, 2008. Chapter 2:Zoning Regulations Page 2-42 Section 2.4.2.7 R-3, Single-Family Residential-3 District (a) Purpose. The Single-Family Residential-3 District (R-3) is intended to permit the development of detached single-family dwelling units and appropriate desirable open space. The R-3 District should be located to provide a buffer between lower density residential and non-residential zoning districts. (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 Area- Six thousand (6,000) square feet b. Minimum Lot Width - Sixty feet(60') c. Minimum Lot Depth- Ninety feet(90') d. Maximum Lot Coverage- Sixty percent(60%) (2) Size of Yards: a. Minimum Front Yard 1. Twenty-five feet(25'). 2. Twenty feet(20')feet for cul-de-sac lots and thumbnail lots. b. Minimum Side Yard 1. Seven feet and six inches (7'-6"); except as modified below: 2. Corner Lot: a) Equal to the front yard when abutting a street right-of-way. b) If the recorded plat indicates corner lots will be restricted to front entry only, there shall be a minimum yard of at least fifteen feet(15') adjacent to the side street of a corner lot when the corner lot backs up to an abutting side yard and ten feet (10') adjacent to the side street of a corner lot when the corner lot backs up to an abutting rear yard. c. Minimum Rear Yard— 1. Twenty feet (20'); 2. Twenty feet (20') when adjacent to a thoroughfare or collector roadway if a ten-foot (10') landscape reserve is located between the property line and the right-of-way line in accordance with 4.2.2.5(f). 3. Thirty feet (30') when adjacent to a thoroughfare or collector roadway and there is no ten-foot(10') landscape reserve. (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 Chapter 2:Zoning Regulations Page 2-43 the establishment of a property owners association to manage and maintain such common land and/or facilities. (g) 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. Ord. No. 2000T-3, Section 2.4.2.7., July 9, 2007. Ord. No. 2000T-8, Section 2.4.2.7., August 25, 2008. Section 2.4.2.8 R-4, Single-Family Residential-4 District (a) Purpose. The Single-Family Residential-4 District (R-4) is intended to permit the development of traditional single-family homes and patio homes and appropriate desirable open space. The R-4 District should be located to provide a buffer between lower density residential and non-residential zoning districts. (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 Area- Five thousand (5,000)square feet b. Minimum Lot Width- Fifty feet(50') c. Minimum Lot Depth- Ninety feet(90') d. Maximum Project Coverage - Fifty percent(50%) e. Minimum Gross Site Area - Every residential tract that is developed for patio homes shall have a minimum gross site area of twenty-five thousand (25,000) square feet. f. Maximum Gross Site Area - Every residential tract that is developed for patio homes shall have a maximum gross site area of forty(40) acres. (2) Size of Yards: (See Figure 2-1.) a. Minimum Front Yard-Twenty feet (20') b. Minimum Side Yard 1. Detached homes A. Seven feet and six inches (7'-6") except as modified below: B. Corner Lot: i) Equal to the front yard when abutting a street right-of-way. Chapter 2:Zoning Regulations '�_ Page 2-44 ii) If the recorded plat indicates corner lots will be restricted to front entry only, there shall be a minimum yard of at least fifteen feet(15') adjacent to the side street of a corner lot when the corner lot backs up to an abutting side yard and ten feet (10') adjacent to the side street of a corner lot when the corner lot backs up to an abutting rear yard. 2. Patio homes A. Interior Lot: i) Fifteen feet (15') on one side for the full depth of the lot; the alternate side may be zero feet(0'). ii) A five-foot (5') wide maintenance, drainage, and roof overhang.easement extending the full depth of the lot shall be designated along the side, property line which abuts the zero side yard on an adjacent lot. B. Minimum Building Separation: The separation between two patio home dwellings, or between'a patio home dwelling and any other type of principal building on an adjacent.lot, shall be a minimum of fifteen feet (15')wall-to-wall. C. Corner Lot: i) Equal to the front yard on the side abutting a street right-of- way or alley. ii) If the recorded plat indicates corner lots will be restricted to front entry only, there shall be a minimum yard of at least fifteen feet(15') adjacent to the side street of a corner lot when the corner lot backs up to an abutting side yard and ten feet (10') adjacent to the side street of a corner lot when the corner lot backs up to an abutting rear yard. c. Minimum Rear Yard—Twenty feet(20') Chapter 2:Zoning Regulations Page 2-45 (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners E20 RLA�YARD 1;L TFASFMTM association to manage and maintain such common land and/or facilities. (g) Common Open Space. Common open space — is considered common area and shall be PHOME HOME ATIO PATIO !ANTI LING WITTING maintained as such in accordance with f20 PATO ARIA Subsection (f) above. In addition, the following shall be required for common open space. FNA --.-}(...._ (1) In all areas where patio homes are 1 develo ed there shall be at least nine HOWEEN WAILS P -' � EO'FYVNTYAAD 15 MINIMUM 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. Figure 2-1:Patio Home Yards (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 required area of 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 outdoor 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. (h) 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. Ord. No. 2000T-3, Section 2.4.2.8., July 9, 2007. Ord. No. 2000T-8, Section 2.4.2.8., August 25, 2008. Section 2.4.2;9 TH, Townhouse Residential District Chapter 2:Zoning Regulations Page 2-46 (a) Purpose. The Townhouse Residential District (TH) is intended to permit the development of attached townhouse units. The TH District should be located to provide a buffer between lower density residential and non-residential zoning districts. (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 Area-Three thousand (3,000) square feet b. Minimum Lot Width -Thirty feet(30') c. Minimum Lot Depth - Ninety feet(90') d. Maximum Project Coverage- Fifty percent(50%) e. Permitted Length for Attached Townhouse Units - A complex of attached townhouse dwelling units shall have a minimum length of three (3) dwelling units, and shall not exceed two hundred feet (200') in length or the width of six (6)attached units, whichever is less. f. Maximum Gross Site Area - Every residential tract that is developed for townhouses shall have a maximum gross site area of forty (40) acres. (2) Size of Yards: a. Minimum Front Yard-Twenty feet(20') b. Minimum Side Yard 1. Interior Lot: Zero, except as noted below. 2. Minimum Building Separation: Fifteen feet (15') for the ends of any two (2) adjacent building complexes or rows of buildings. 3. Corner Lot: a) Equal to the front yard when abutting a street right-of-way. b) A minimum of fifteen feet(15') adjacent to a street and ten feet (10') adjacent to a rear yard. c. Minimum Rear Yard—Ten feet(10') (d) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 establishment of a property owners association to manage and maintain 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. Chapter 2:Zoning Regulations Page 2-47 (1) In all areas where townhouses 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. (h) Single-Family Uses. Any single-family development that occurs within the TH Zoning District shall meet the requirements of the R-3 Zoning District. (i) 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. Ord. No. 2000T-3, Section 2.4.2.9., July 9, 2007. 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%) Chapter 2:Zoning Regulations Page 2-48 (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. (e) Accessory Buildings. Accessory buildings shall meet the requirements of 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 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. • Chapter 2:Zoning Regulations Page 2-49 (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 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 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 t_ - (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. Ord. No. 2000T-3, Section 2.4.2.10., July 9, 2007. 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 Chapter 2:Zoning Regulations Page 2-50 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 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. Chapter 2:Zoning Regulations Page 2-51 (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. ' (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 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 Chapter 2:Zoning Regulations Page 2-52 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. (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. Ord. No. 2000T-3, Section 2.4.2.11., July 9, 2007. Chapter 2:Zoning Regulations Page 2-53 Division 3—Mixed Use Zoning Districts Section 2.4.3.1 SPD, Spectrum District (a) Purpose. The purpose of the Spectrum District is to provide a visually cohesive y` 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 S1: The Beltway District: The S1 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 Chapter 2:Zoning Regulations Page 2-54 transition between development within the S5 Sub-District (discussed below) 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 5. Cast Stone (and stone veneer) 6. Tilt-Slab 7. Stucco Chapter 2:Zoning Regulations Page 2-55 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, r 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. (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 Chapter 2:Zoning Regulations Page 2-56 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 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 thirtyLfoot (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. Chapter 2:Zoning Regulations Page 2-57 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. 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. Chapter 2:Zoning Regulations Page 2-58 ' (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 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. (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. (j) 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 4, Article 2, Division 1 of this UDC. Chapter 2:Zoning Regulations Page 2-59 (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. 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 fora 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. Chapter 2:Zoning Regulations Page 2-60 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. (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. Flatroofs 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. Chapter 2:Zoning Regulations Page 2-61 (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. (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 1. On-Premise Ground Signs, for the purpose of business identification 2. On-Premise Building Signs, for the purpose of business identification 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: a. One (1) ground sign shall be permitted for each site. b. Sites with multiple street frontage shall be permitted one (1) sign per street frontage. c. Signs shall be constructed of the same material as the site/building identified; d. 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 façade 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 façade area. (q) Special Requirements by Sub-District. Chapter 2:Zoning Regulations Page 2-62 (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 Light & 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 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. Ord. No. 2000T-2, Section 2.4.3.1., February 26, 2007. Chapter 2:Zoning Regulations Page 2-63 Ord. No. 2000T-3, Section 2.4.3.1., July 9, 2007. 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: Chapter 2:Zoning Regulations _ Page 2-64 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') (3) Maximum Non-Residential Building Footprint Size: Twenty thousand (20,000) square feet. (e) Height Restrictions. No building shall exceed thirty-five feet(35') in height. (f) Nonresidential Use Regulations. (1) Nonresidential uses shall be located on lots that have frontage on Cullen Boulevard. Nonresidential developments with internal streets may locate nonresidential uses along such streets. (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 Chapter 2:Zoning Regulations Page 2-65 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 4, Article 2, Division 1 of this UDC. 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. Chapter 2:Zoning Regulations Page 2-66 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. 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. (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: Chapter 2:Zoning Regulations Page 2-67 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 1,. 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 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. •- Ord. No. 2000T-7, Section 2.4.3.3., April 28, 2008. r Chapter 2:Zoning Regulations Page 2-68 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 façade 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. Chapter 2:Zoning Regulations Page 2-69 b. Permitted Uses. All uses permitted in the GB zone, Section 2.4.4.4 of the UDC with the following exceptions: Uses permitted in GB zone permitted on all floors, but required on first floor even for parking structures unless institutional / governmental uses are proposed. Residential on upper floors allowed by a Conditional Use Permit (CUP). Institutional / governmental uses permitted with City's approval by a CUP. • c. Accessory,buildings in Old Townsite. All accessory buildings in Old Townsite shall comply with Section 2.5.3.1 of the UDC with the following exceptions: Minimum Front Setback — Accessory building shall be located behind the front building setback line established by the primary building. Minimum Side Setback - Five feet(5'). Minimum Rear Setback - Seven and a half feet (7.5') if located along an alley, twenty feet(20') if no alley. Additional dwelling unit (one) and home occupation (as defined in UDC in an accessory structure shall be permitted. Accessory structures shall not be larger than 660 sq.ft. (footprint) or exceed two stories or 24 feet in height, whichever is less. d. Primary Building Street 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 approval of a Conditional Use Permit (CUP). TXDOT approval shall be required for state roads. , Chapter 2:Zoning Regulations Page 2-70 g. Parking. On street parking shall be subject to the following: 1. No parking shall be permitted in the front yard. 2. Non-residential uses in existing structures may be permitted to reduce by 50% the number of parking spaces required by the UDC for that use. The number of parking spaces may be reduced even further as determined by a traffic report and approved by the City of Pearland. All new additions, and existing and new multi- family uses, shall meet the parking requirements in chapter 4 of the UDC, unless specified herein. 3. Shared parking between properties shall be permitted as long as the total number of parking spaces meet the requirements of subsection 2 above for each use and all parking spaces as required under subsection 2 above are located within five hundred (500') of the building. 4. Stacked parking (parallel parking without the access aisle) for up to 3 cars shall be permitted for existing residential uses being converted to other non-residential use and where the converted area does not exceed six hundred square feet (600 sq. ft.) of floor area. A stacking space shall be an area measuring eight feet (8') by twenty feet(20'). (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. All uses permitted in R-4 district, townhomes and duplexes. All uses allowed in the OP district may be permitted with a Conditional Use Permit; all institutional uses allowed by a Conditional Use Permit. c. Common Open Space Required. Common open space, as defined in section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and multi family developments and shall meet the following requirements: Chapter 2:Zoning Regulations Page 2-71 In all areas where Multi-Family Dwelling units are constructed, there shall be at least four hundred (400) square feet of common open space per dwelling unit. Each common open space shall be within three hundred (300) feet of all dwelling units it is intended to serve measured along a route of pedestrian access. Each required common open space shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. Facilities, such as pedestrian ways and swimming pools, may be counted toward the required common open space. Off-street parking areas, service drives, and detention facilities shall not be included in any calculation of required open space. Minimum dimension of any common open space shall be forty feet(40'). d. Accessory buildings in Old Townsite. All accessory buildings in Old Townsite shall comply with the requirements of Chapter 2.5.3.1 of the UDC with the following exceptions: Minimum Front Setback—Seventy-five feet(75'). Minimum Side Setback-Three feet(3'). Minimum Rear Setback - Seven and a half feet (7.5') if located along an alley, twenty feet(20') if no alley. Additional dwelling unit (one) and home occupation (as defined in UDC in an accessory structure shall be permitted. Accessory structures shall not be larger than 660 sq.ft. (footprint) or exceed two stories or 24 feet in height, whichever is less. e. Primary Building Street 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 driveway to access the rear of the property. f. Projecting Facade Elements. Awnings, canopies, balconies, colonnades, arcades, bay windows, stoops and front porches may be permitted in City's right of way with appropriate approval from the City and in conformance with Development Guidelines specified below under section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation (TXDOT)shall be required for elements along state roads. g. Outdoor Seating. Outdoor seating for restaurants, shall be permitted, as accessory and adjacent to the building, on sidewalks and public ROW along City streets, as long as a minimum of three feet (3') wide clear passageway is provided for pedestrians and subject to an approval of a Conditional Use Permit (CUP). TXDOT approval shall be required for state roads. h. Parking. On street parking shall be subject to the following: 1. No parking shall be permitted in the in the front yard. 2. Non-residential uses in existing structures may be permitted to reduce by fifty percent (50%)the number of parking spaces required Chapter 2:Zoning Regulations Page 2-72 by the UDC for that use. The number of parking spaces may be reduced even further as determined by a traffic report and approved by the City of Pearland. All new additions, and existing and new multi-family uses, shall meet the parking requirements in chapter 4 of the UDC, unless specified herein. 3. Shared parking between properties shall be permitted as long as the total number of parking spaces meet the requirements of subsection 2 above for each use and all parking spaces as required under subsection 2 above are located within five hundred (500') of the building. 4. Stacked parking for up to 3 cars shall be permitted for existing residential uses being converted to other non-residential use and where the converted area does not exceed six hundred square feet (600 sq. ft.) of floor area. A stacking space shall be an area measuring eight feet(8') by twenty feet(20'). (3) Old Townsite Mixed Use District (OT-MU) a. Development Standards. All development standards of the General Business District (GB) of the UDC shall apply, with the following exceptions: Minimum Lot Area: Three thousand square feet(3000 sq. ft.) Minimum Front Yard: Zero feet(0'). Minimum Rear Yard: Twenty feet (20'); seven and a half feet (7.5') if abutting an alley. Minimum Side Yard: Five feet (5') for detached structures; 0 feet for attached structures Minimum Lot Width: Fifty feet(50') Reconstruction or development on narrower lots shall be allowed if the lot was in existence in its current configuration and under separate ownership from adjoining lots on or before July 10, 2006 (date of adoption of this ordinance). Maximum Height: Forty feet (40') or 3 stories, whichever is lesser. b. Permitted Uses. All uses permitted in the Office and Professional District (OP), Townhouse Residential District (TH), and Single Family Dwelling District (R-4). Uses allowed in Multi Family District (MF) by a CUP. c. Common Open Space Required. Common open space, as defined in section 2.4.2.9.(g) of the UDC, shall be required for all townhouse and multi family developments and shall meet the following requirements: 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 Chapter 2:Zoning Regulations Page 2-73 (300) feet of all dwelling units it is intended to serve measured along a route of pedestrian access. Each required common open space shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. Facilities, such as pedestrian ways and swimming pools, may be counted toward the required common open space. Off-street parking areas, service drives, and detention facilities shall not be included in any calculation of required open space. Minimum dimension of any common open space shall be forty feet (40'). d. Accessory buildings in Old Townsite. All accessory buildings in Old Townsite shall comply with the requirements of section 2.5.3.1 the UDC with the following exceptions: Minimum Front Setback — Accessory building shall be located behind front building setback line established by the principal building. Minimum Side Setback—Three feet(3'). Minimum Rear Setback - Seven and a half feet (7.5') if located along an alley, twenty feet(20') if no alley. Additional dwelling unit (one) and home occupation (as defined in UDC in an accessory structure shall be permitted. Accessory structures shall not be larger than 660 sq.ft. (footprint) or exceed two stories or 24 feet in height, whichever is less. e. Primary Building,Street Facade. At least seventy five percent (75%) of street facade must be constructed to front building line. At least 50% of street facade must be constructed to front building line if wider sidewalks (than that required under Section 3.2.11:1) or courtyard spaces are provided along the street. For lots with less that one hundred feet (100') wide frontage this percentage may be reduced to allow a twenty-five feet (25') wide driveway to access the rear of the property. feet (25') wide driveway to access the rear of the property. • f. Projecting Façade Elements. Awnings, canopies, balconies, • colonnades, arcades, bay windows, stoops and front porches may be permitted in City's right of way with approval from City staff and in conformance with Development Guidelines specified below under section 2.4.3.4 (c) 5. Approval from Texas Department of Transportation (TXDOT)shall be required for elements along state roads. g. Outdoor Seating. Outdoor seating for restaurants, shall be permitted, as accessory and adjacent to the building, on sidewalks and public ROW along City streets, as long as a minimum of three feet (3') wide clear passageway is provided for pedestrians and subject to an approval of a Conditional Use Permit (CUP). TXDOT approval shall be required for state roads. h. Parking. On street parking shall be subject to the following: 1. No parking shall be permitted in the in the front yard. 2. Non-residential uses in existing structures may be permitted to provide 50% of parking spaces required by the UDC for that use. Chapter 2:Zoning Regulations Page 2-74 • 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 façade facing the primary streetscapes. Drive-thru facilities shall not hinder pedestrian flow or adjacent buildings and their functions. 2. Utilities. a. For new building construction and significant building renovation (of over fifty percent of the value of the existing building and improvements) all utilities within the property shall be required to be underground, unless: 1. The utility is required to be above ground to operate properly, or 2. All above ground lines are located in the rear or other areas of the property where they are not prominently visible from the front of the property or any roadway, and all poles are wholly obscured, as determined by the Planning Director. b. Location of above ground utility equipment shall avoid conflict with pedestrian movement and visually shield the equipment. 3. Building Elevations. Rear facing buildings and loading docks are prohibited on street facades for the following streets — Main, Broadway, Grand, Orange, Mykawa, Walnut, and Galveston. 4. Concealed Equipment. All equipment shall be located in rear yards or otherwise screened. Equipment shall include AC compressors and window and wall units, electric and utility meters and boxes, irrigation and pump pools, permanent barbecues, satellite dish antennas less than forty eight inches in (48") in height or diameter, loading docks, service areas, trash disposal facilities and backflow devices. Antennas over forty-eight inches (48") shall require a CUP. Chapter 2:Zoning Regulations Page 2-75 5. Projecting Façade Elements. Projecting façade 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. Façade 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 façade must be transparent. For non-residential, a minimum of twenty five percent (25%)-of façade 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 façade is required to comprise of window area. A lesser percentage of transparency for overall façade or store front windows for all buildings may be permitted by a CUP. Remodeling or repair of • existing buildings may be exempt from these requirements. Any new addition or construction shall be required to comply with these requirements: 8. Windows, Skylights and Doors. Windows, skylights and doors shall be oriented vertically for facades facing public areas including streets. 9. Building Signs. Projecting signs and awning signs shall be permitted.in addition to wall signs upon approval by the City (Recommend Planning and Building Departments). Projections shall not be allowed on City right-of-way. All other requirements of the UDC regarding signage shall be applicable. 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 Chapter 2:Zoning Regulations Page 2-76 abuts any street or public right-of-way that is greater than twenty feet (20') in width. (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. 4. Alleys and Side Streets. Alleys and side streets are encouraged to be the primary access for parking lots and loading docks behind the building. 5. Landscape Features Permitted with City's.Approval. (Need to determine the official/board or staff responsible) a. Flowerpots in street-scape. b. Hanging baskets in new light poles. c. Store owners to have option of creating planting beds. d. City to work with property owners to place landscape features in appropriate places. (e) Relaxation of Building Codes. To encourage re-use, rehabilitation of existing buildings (built prior to adoption of this ordinance) and relocation of buildings into the area the Building Official may approve relaxation of certain building codes as per the guidelines adopted by the City. (Guidelines to be adopted by the City) (f) Non-conforming Buildings.Buildings constructed prior to the adoption of this ordinance (if removed or destroyed due to any cause) can be rebuilt on either the existing footprint or per this ordinance. Buildings constructed after the adoption of this ordinance will be required to comply with this ordinance. (g) Street Amenities. The City will formulate a streetscape plan as per the recommendations of the Old Townsite Plan. (This plan needs to be adopted). Once the standards have been adopted the property owner will be responsible for installation of Chapter 2:Zoning Regulations Page 2-77 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. Ord. No. 2000T-1, Section 2.4.3.4. added in its entirety, July 10, 2006. Ord. No. 2000T-3, Section 2.4.3.4.,,July 9, 2007. Ord. No. 2000T-5, Section 2.4.3.4., October 22, 2007. Division 4— Non-Residential Zonin4 Districts Section 2.4.4.1 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. Chapter 2:Zoning Regulations Page 2-78 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. (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 4, Article 2, Division 4 of this UDC. (h) 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). a) 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. Ord. No. 2000T-3, Section 2.4.4.1., July 9, 2007. Section 2.4.4.2 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'). Chapter 2:Zoning Regulations Page 2-79 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. NOTE:Illustration relates to requirements for nonresidential Variation cumulatively structures fifty thousand(50,000)square feet in size or greater. equals 3 feet over the 25- foot length j i i 1 25' Maximum • 25' ► Maximum 3' Minimum Figure 2-2:Building Articulation Illustration . 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: Façade materials shall not consist of colors classified by the City as fluorescent, iridescent, or dayglo. Chapter 2:Zoning Regulations Page 2-80 (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. (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: Chapter 2:Zoning Regulations Page 2-81 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. (i) 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. 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. (j) 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). Chapter 2:Zoning Regulations Page 2-82 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 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. (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. Ord. No. 2000T-2, Section 2.4.4.2., February 26, 2007. Ord. No. 2000T-3, Section 2.4.4.2., July 9, 2007. Section 2.4.4.3 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 Chapter 2:Zoning Regulations Page 2-83 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 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). (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- Chapter 2:Zoning Regulations Page 2-84 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. Section 2.4.4.4 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. Chapter 2:Zoning Regulations Page 2-85 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, 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 r ` shall outdoor storage be permitted along any yard that abuts any street or public right-of-way. (f) 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 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). (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. Chapter 2:Zoning Regulations, Page 2-86 (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 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. Ord. No. 2000T-3, Section 2.4.4.4., July 9, 2007. Section 2.4.4.5 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. Chapter 2:Zoning Regulations Page 2-87 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. (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 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 located with the required yard/setback area. Ord. No. 2000T-2, Section 2.4.4.5., February 26, 2007. Ord. No. 2000T-3, Section 2.4.4.5., July 9, 2007. Section 2.4.4.6 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. Chapter 2:Zoning Regulations Page 2-88 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 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 cisadjacent 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. (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. • Chapter 2:Zoning Regulations Page 2-89 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. (i) 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 1 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. Ord. No. 2000T-2, Section 2.4.4.6., February 26, 2007. Ord. No. 2000T-6, Section 2.4.4.6., November 26, 2007 Section 2.4.4.7 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: r 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. Chapter 2:Zoning Regulations Page 2-90 r (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 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. 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. (i) 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 Chapter 2:Zoning Regulations Page 2-91 ` I \ r 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. Ord. No. 2000T-2, Section 2.4.4.7., February 26, 2007. Ord. No. 2000T-6, Section 2.4.4.7., November 26, 2007. Division"5— Corridor Overlay Zoning District Section 2.4.5.1 COD, Corridors Overlay District (a) Purpose. (1) The Corridors Overlay District (COD) is intended to help the City exercise greater control over the aesthetic, functional and safety characteristics of development along newly constructed major thoroughfares within the City where higher development standards can effectively enhance the City's image as a desirable place to live, work, and shop. (2) The Corridors Overlay District (COD) is limited to specified areas encompassing land that has already been assigned conventional zoning district classifications. It supplements the standards of the underlying conventional districts with new or different standards which are more restrictive. In the event of a conflict between the standards of the COD and the regulations of the underlying -zoning district, the standards described herein will prevail. Regulations of the underlying zoning district not augmented or otherwise supplemented by the COD will continue to prevail. (b) District Boundaries. The COD standards apply to the future development and use of all land with lot frontage on either side of the street right-of-way along the following specified major thoroughfares: (1) Pearland Parkway: For the full length of the roadway within the City limits (2) Oiler Drive: For the full length of the roadway within the City limits (3) McHard Road: For the full length of the roadway within the City limits (4) SH 35: For the full length of the roadway within the City limits, except within the Old Townsite District (5) Broadway Road: For the full length of the roadway within the City limits, except within the Old Townsite District Chapter 2:Zoning Regulations Page 2-92 (6) Magnolia Road: For the full length within the City limits of the contiguous roadway known as Magnolia Road, County Road 59, Southfork Drive, and John Lizer Road, except within the Old Townsite District (7) Kirby Drive: For the full length of the roadway within the City limits (8) Dixie Farm Road: For the full length of the roadway within the City limits (9) Beltway 8: For the full length of the roadway within the City limits (10)Bailev Avenue: For the full length of the roadway within the City limits (11) Massey Ranch Road: For the full length of the roadway within the City limits (12) Cullen Boulevard: For the full length of the roadway within the City limits (c) Lot and Setback Standards. (1) The minimum front yard building setback adjacent to a specified major thoroughfare shall be twenty-five feet(25'). (2) The minimum setback for all off-street parking, maneuvering and loading areas from the right-of-way line of a specified major thoroughfare shall be thirty feet (30'). (3) The minimum setback for all screening walls and fences, including residential subdivision fences, from the right-of-way line of a specified major thoroughfare shall be thirty feet(30'). (4) The minimum setback for any outside storage area (where permitted by the underlying zoning district) from the right-of-way line of a specified major thoroughfare shall be one hundred and fifty feet (150'), 'unless such area is screened to one hundred percent (100%) opacity with a screening wall that matches the primary on-site building or with live vegetation. (5) No buildings, parking areas, or other impervious structures (except as noted herein), are permitted within the recognized floodway, as identified by the City Engineer, or within fifty feet (50') of the high bank, whichever is greater, of a creek or other drainage way proposed as a linear parkin the City's Park and Recreation Master Plan. c.Permitted exceptions include drainage-related structures and pavement, paved pedestrian or bike trails, picnic tables, and paved surfaces beneath picnic tables. d. The Parks Director may reduce the restriction herein upon a finding that the proposed construction is consistent with the Park and Recreation Master Plan or the Hike and Bike Master Plan. (6) Buildings, parking areas, or other visual obstructions shall not be located in any required visibility triangle. (7) The required setback area as described above shall be landscaped, and shall meet the requirements of Subsection (g) of this Section 2.4.5.1. (d) Building Facade Standards. Requirements are applicable to any side of a structure that faces a thoroughfare listed in subsection (b), except for single-family detached Chapter 2:Zoning Regulations Page 2-93 dwellings. A Facade Design Plan of the entire proposed project shall be submitted with Site Plan review documents. { (1) Building Articulation: r ' a. Building articulation, which is the expression or outlining of parts of the building by its architectural design, shall be provided in order to achieve the following: 1. Create a complementary pattern or rhythm, dividing large buildings into smaller, identifiable portions. 2. Break up the building mass through offsets and other methods that articulate the horizontal and vertical building planes. 3. Incorporate details that create shade and cast shadows to provide visual relief. b. Building articulation shall be provided as specified in the following: 1. All nonresidential structures fifty thousand (50,000) square feet in size or greater, except Public Educational Facilities, shall incorporate architectural variation of at least three feet (3') in depth for every twenty-five feet(25') in vertical or horizontal length. 2. All nonresidential structures less than fifty thousand (50,000) square feet shall incorporate architectural variation of at least one foot (1') in depth for every ten feet(10') in vertical or horizontal length. (2) Building Materials: a. All structures shall conform to the requirements in Article 6, Division 2 of this chapter. b. Corrugated metal and exposed fasteners are prohibited. Architectural metals are prohibited except for miscellaneous trimwork. c. A minimum twenty-five percent (25%) of an exterior wall facing the specified major thoroughfare shall be transparent, except for Public Educational Facilities, which are exempt from this requirement. d. All facades of an individual building, multiple buildings in a shopping center, or integrated business development, and all roofing in a shopping • center or integrated business development shall have architectural design, color, and materials that are compatible or consistent with an overall theme, as determined by the Planning Director. (3)Building and roof colors shall be provided in accordance with an approved color palette, available in the City's Planning Office and attached as Appendix A. Window/door trim, fascia, soffit, or similar elements of the building façade are exempt from the color palette as long as the total area of those elements do not exceed twenty percent(20%) of the building façade for any side of the building. (e) Access and Off-Street Parking Standards. Access and off-street parking shall be provided in conformance with the City's Engineering Design Criteria Manual (EDCM). t (f) Bicycle Parking. a. Bicycle parking spaces shall be provided at an amount equal to a minimum of five percent(5%)of the required vehicular parking spaces. Chapter 2:Zoning Regulations Page 2-94 b. Bicycle parking shall be conveniently provided for all uses allowed in the following zoning districts: Office and Professional, Neighborhood Service, Business Park-288, General Business, and General Commercial. c. Each required bicycle parking space shall include a means to secure individual bicycles. (g) Landscaping Standards. (1) Minimum Percentage of Landscaping in the Required Setback Area: A minimum of fifteen percent (15%) of the required setback area shall consist of landscaped open areas with a permeable surface. (2) Minimum Percentage of Landscaping Generally: A minimum of fifteen percent (15%)of the gross lot area shall consist of landscaped open areas. a. Landscaping elements shall be established along the outside (i.e., the side nearest the right-of-way) of all required screening elements (refer to Subsection (h) below). (3) Tree Requirements: Trees are required along all specified major thoroughfares as follows, and at least fifty percent (50%) of the required trees shall be located along the frontage of the lot adjacent to the specified roadways: a. Large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet (10') of frontage. b. Ornamental trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to one inch (1")for each fifteen feet (15') of frontage, except for Public Educational Facilities, which are exempt from this requirement. c. A minimum of sixty percent (60%) of required street trees shall be evergreen with year-round foliage. d. At the time of planting, a minimum of three feet (3') shall be provided between a tree trunk and the back of any curb and eight feet (8') between a tree trunk and any planned or existing underground public utility lines. e. At the time of planting, a minimum of six feet (6') shall be provided between individual trees. (4) Required Interior Site Landscaping: a. Space for vehicle overhangs shall be provided in order to avoid damaging planted trees and shrubs. b. No parking space designed and intended for the parking of passenger vehicles driven by customers, patrons, or employees shall be greater than fifty feet (50') from a tree. Each island shall contain at least one (1) tree. Public Educational Facilities shall be exempt from this requirement. (5) Irrigation System: A mechanical,irrigation system is required to be installed and maintained. Chapter 2:Zoning Regulations Page 2-95 (6) Adjacent to a Single-Family Use or Zoning District: When a nonresidential development is established on a tract of land that is adjacent to 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 and may count toward (g)(1) above. (7) Detention/retention facilities located in front yards: When a detention/retention facility is located in a front yard, the facility shall be incorporated into the design of the development as an amenity, as determined by the Planning Director. (h) Lighting Standards. (1) Vehicular Circulation & Parking Areas: a. High pressure sodium or metal halide fixtures shall be used with no direct glare onto adjacent properties or public streets. The glare from such fixtures shall be shielded from adjacent properties and/or public streets. b. Minimum light level within the parking area shall be 0.5 foot candles when the attendant facility is in use. c. Standards, poles, and fixtures shall be a single color, uniform in design throughout the site and no taller than the height of the building being served. d. Creosote treated wooden poles are prohibited. e. Street lights along the specified corridor shall conform to the standard fixture adopted by the City. Installation of such fixture or payment in lieu of installation shall be required prior to acceptance of subdivision improvements by the City or issuance of a certificate of occupancy, as applicable (2) Walkway Lighting: Walkway lighting comprised of standard, pole, bollard and wall-mounted fixtures shall be no greater than twelve feet(12') above grade. (3)Accent Lighting: a. Uplighting shall be concealed or positioned to screen the light source from adjacent property. b. Floodlighting or spotlighting of architecture, graphics, or natural features shall not create spillage of light onto adjacent property or public streets. (i) Screening Standards. (1) Site Elements Required to Be Screened: The following site elements shall be screened from the public view from all specified major thoroughfares: a. Mechanical and Utility Equipment 1. Screening shall consist of a decorative wall or architectural element of the building that is one hundred percent(100%) opaque. Chapter 2:Zoning Regulations Page 2-96 2. Roof-mounted equipment shall be screened with materials that are one hundred percent (100%) opaque. Appropriate screening includes an extension of the wall, such as a parapet wall, on which the equipment is mounted. b. Vehicle Loading and Unloading Areas 1. Screens shall incorporate shrubbery having year-round foliage and\or a wall or architectural element of the building that is a minimum of six feet (6') in height and is a maximum of seventy-five percent(75%) opaque. c. Refuse, Refuse Containers, and Recycling Containers 1. Screens shall consist of a solid wall or architectural element of the building that is a minimum six feet(6') in height. (2) Screening Elements Required: All screening walls visible from a public street shall be: a. Constructed of masonry materials that are consistent with the color and design of the primary on-site structure. b. Consistent in color and design with the building architecture. c. Uniform in style and materials along the entire length of the screen within a single development. (3) Screeninq Elements Prohibited: No fence or wall visible from a public street shall be: a. Greater than eight feet (8') in height. b. Located within any required visibility triangle. c. Constructed with any of the following materials: surface painted or coated concrete, chain link, concertina wire, barbed wire, corrugated metal, or fiberglass panels. Exceptions: 1. Barbed wire may be used solely to control livestock. 2. Public Educational Facilities shall be permitted to use chain link fence along the perimeter of sports fields and detention basins. Any chain link fence located one hundred feet(100') or less from a thoroughfare listed in subsection (b) shall be constructed of chain link material that is entirely coated by vinyl, powdercoating, or other durable material that is black or dark green in color, and shall also include one of the following features: A. an evergreen vegetative screen outside the fence consisting of a combination of shrubs and trees that meet the following requirements: (i) shrubs shall be planted every three feet (3') or less on center and shall be at least four feet (4') tall at planting; (ii) trees shall be planted every thirty feet (30') or less and shall be at least two inches (2") in diameter measured by caliper; or B. masonry columns that are: Chapter 2:Zoning Regulations Page 2-97 - • (i) no less than twenty inches (20") in width and depth; (ii) at least twelve inches (12") taller than the adjacent chain link sections; (iii) spaced no further than twenty feet(20') apart; (iv) topped with decorative masonry caps at least six inches (6") tall that project at least two inches (2") from the front facades of the columns; and (v) constructed of materials similar in color, design, and architecture to that of the primary structure. (4) All other fences within Public Educational Facilities shall be constructed of materials consistent in color, design, and architecture to the primary on-site structure. (5) Residential Subdivision Fences: a. Residential subdivision fences shall be uniform in style, color, and material along the length of the subdivision. b. If visible from a street right-of-way, fences shall be constructed of masonry materials. However, large-lot subdivisions, which are defined as subdivisions with average lot sizes of one-half acre or more, shall be permitted to be screened with wood rail fencing. (6) Fences constructed around detention ponds or basins and visible from a public or private street, shall be constructed of decorative wrought iron or chain link material in accordance with the standards set forth in subsection (i) (3) c. 2. above for chain link fences located one hundred feet (100') or less from a thoroughfare listed in subsection (b). (j) Buffering Standards. (1) Site Elements Required to Be Buffered: The following site elements shall be visually buffered from the public view from all specified major thoroughfares: a. Parking Areas - Outdoor parking areas that are visible from any street right-of-way. b. Fuel 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 shall be provided by way of one or more of the following: a. Freestanding masonry wall. b. Landscaped earth berm with a maximum four-to-one (4:1) slope. Retaining walls may be used to facilitate berming if unseen from the street. c. Shrubbery having year-round foliage. ,- (k) Outdoor Activities or Uses. The following shall apply when the incidental display of merchandise out of doors is permitted within the base zoning district. Chapter 2:Zoning Regulations Page 2-98 (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 On any property in the general business district, the temporary sale of goods in relation to special events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of forty-five (45) days prior to the day of religious the holiday celebration. The sale of goods in relation to special, local, or store events (e.g., spring sale, Party on the Grand, civic club event, etc.) shall also be permitted, but shall be limited to one (1) event per calendar year, not to exceed a sale period of more than sixty (60) days. The Building Official shall issue a permit for such sale when he finds: a. That there is an adequate off-street parking area, approved by the City; and b. That the location and layout of drives and parking areas, of lighting, and of temporary sales signs will not constitute a hazard to public traveling to the abutting public streets and will not obstruct the visibility along such streets. (3) No other type of outdoor activity or use shall be permitted in the COD District without a temporary permit issued by the City's Building Official pursuant to the City Building Code, unless expressly authorized herein. (4) Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case shall outdoor storage be permitted along any yard that abuts any street or public right-of-way. (I) Sidewalk Standards. (1) Location: The required sidewalk along all specified major thoroughfares may be located within the front yard building and parking setbacks as well as the parkway area from the back of curb to the right-of-way line. Sidewalks shall not be required for development along Beltway 8 frontage roads. (2) Easement Required: A ten foot (10') wide public use easement shall be provided for the required sidewalk when placed outside of street right-of-way. (3) Curved Alignment Required: The required sidewalk shall have a curved alignment for at least eighty percent (80%) of the major thoroughfare street frontage. Sidewalks on intersecting streets shall not have a curved alignment unless approved by the City Engineer. (4) Construction Criteria: Construction criteria for the required sidewalk: a. Minimum six feet(6')wide. Chapter 2:Zoning Regulations Page.2-99 , 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 fora minimum of ten feet(10'). e. Detailed construction plans shall be submitted to the City Engineer for approval prior to construction of the sidewalk. f. Deviations from these criteria may be approved by the City Engineer for good cause such as cases of unusual or unique topography or to preserve desirable natural features. (5) A minimum six-foot (6') wide pedestrian sidewalk shall connect the perimeter sidewalk to the building entry. This connecting sidewalk shall be accessible, readily visible, and paved. (m)Utilities. All utility service lines shall be located underground. Above-ground lines may be located in the rear or other areas of the property as necessary, however such lines must not prominent from the front view of the property or from the view of roadways (the visibility of the poles must be partially or wholly obscured). Any determination on whether utilities are prominent shall be made by the Planning Director. Ord. No. 2000T-2, Section 2.4.5.1., February 26, 2007. Ord. No. 2000T-3, Section 2.4.5.1., July 9, 2007. Ord. No. 2000T-6, Section 2.4.5.1., November 26, 2007. Ord. No. 2000T-8, Section 2.4.5.1., August 25, 2008. Chapter 2:Zoning Regulations Page 2-100 Article 5— Use Regulations Division 1 — Interpretive Rules Section 2.5.1.1 Use and Organization (a) Use of Land and/or Buildings. The use of land and/or buildings shall be in accordance with those listed in the following Land Use Matrix. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the Land Use Matrix (Article 5, Division 2 of this Chapter 2) is: p The land use is permitted by right in the zoning district indicated. The land use is prohibited in the zoning district indicated. C The land use may be approved as a conditional use (CUP) in the zoning district indicated. (1) Many of the land uses have been defined within Chapter 5 of this UDC. Such uses are denoted in the Land Use Matrix with the following symbol: ICI. (2) For any definition not listed in Chapter 5 of this UDC, the definition found within the latest edition of Webster's Dictionary shall be used. (b) Unlisted Use. If a use is not listed (or blank) in the Land Use Matrix, it is not allowed . in any zoning district(see subsection (d) below). (c) Land Use Categories. The following use categories are listed in the Land Use Matrix: (1) Primary Agricultural Uses (2) Primary Residential Uses (3) Accessory& Incidental Uses (4) Entertainment& Recreational Uses (5)Automobile-Related Service Uses (6) Office Uses (7) Personal & Business Service Uses (8) Retail & Business Service Uses (9) Institutional/Governmental Uses (10)Utility & Related Service Uses • Chapter 2:Zoning Regulations Page 2-101 (11)Commercial & Related Service Uses (12)Industrial & Related Service Uses (d) Classification of New & Unlisted Uses. It is recognized that new types of land use will arise in the future, and forms of land use not presently anticipated may seek to locate in the City of Pearland. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the Land Use Matrix (Article 5, Division 2 of this Chapter 2) shall be made as follows. (1) A person, City department, the Planning and Zoning Commission, or the City Council may propose zoning amendments to regulate new and previously unlisted uses. a. A person requesting the addition of a new or unlisted use shall submit to the Planning Director, or his/her designee, all information necessary for the classification of the use, including but not limited to the following: 1. The nature of the use and whether the use involves dwelling activity, sales, services, or processing; 2. The type of product sold or produced under the use; 3. Whether the use has enclosed or open storage and the amount and nature of the storage; 4. Anticipated employment typically anticipated with the use; 5. Transportation requirements, including approximate mileage, turning radius, or driving time of the expected client or patron base; 6. The nature and time of occupancy and operation of the premises; 7. The off-street parking and loading requirements; 8. The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; 9. The requirements for public utilities such as sanitary sewer and water and any special public services that may be required; and _ 10. Impervious surface coverage or anticipated size of building. b. The Planning Director shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts related to the information listed in subsection "a" above. c. The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted (by right or by CUP). f d. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. • Chapter 2:Zoning Regulations Page 2-102 e. The City Council shall approve or disapprove the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. 1. If approved, the new or unlisted use shall be amended in the Land Use Matrix of the regulations according to procedures outlined in Chapter 1 (i.e., following notification and public hearing, etc.). (2) A new and unlisted use may be interpreted by the Planning Director as similar to a listed use. a. The unlisted use shall possess the majority of characteristics of the listed use. b. If the unlisted use is deemed similar to a listed use, no amendment of the Land Use Matrix is required. c. If the use is not found to be substantially similar to a listed use, it must be considered unlisted and must be submitted to the Planning and Zoning Commission and City Council as outlined in subsection (d)(1) above. d. If the use is not found by the Planning Director to be substantially similar to a listed use, such decision may be appealed according to the process outlined in subsections (d)(1)b-d above. Division 2—Land Use Matrix Section 2.5.2.1 The Land Use Matrix (a) The Land Use Matrix begins on the following page. Chapter 2:Zoning Regulations Page 2-103 [This page intentionally left blank.] Chapter 2:Zoning Regulations Page 2-104 Legend P-The land use is permitted by right in the zoning district indicated. (Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. - Uses defined within the Definitions chapter of the UDC). +Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses ,o N ao 0 W e� e� N eh 2 x SPD 2 t— D. N N m V 7 N N W rn Ck CeQ: re t— E N eh �j O O O d Z OW a N N N N 0 Primary Agricultural Uses Agricultural Field Crops P P P P P P P P P P P P P P P P P P + P P P P P P P Agricultural Animal Husbandry P C C C C C C C C C C C C C C C C C + P P P PCP P DELI Bulk Grain and/or Feed Storage P + C P P Farm (Ranch, Livestock) ❑® P P P P P P P P P P P P P P P P P P + P P P P P P P Feed &Grain Store/Farm Supply + CPPP Store ❑M Flour and Other Grain Mills + P P Livestock—Wholesale + P P Livestock Sales + P P Crops or Orchard P P P P P P P P P P P P P P P P P P + P P P P P P P Stable, Commercial + P P Stable(Private, Principal or C C + P P Accessory Use) Primary Residential Uses Boarding or Rooming House ❑® P + P P Dwelling- Four-Family (Quadriplex) (Defined Under P P P + Dwelling-Multiple-Family) DEO Dwelling- HUD-Code p + C C Manufactured(Mobile) Home ❑® Dwelling- Industrialized Home PP PPPPP + Chapter 2:Zoning Regulations Page 2-105 Legend - P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. CO Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses. U) N SPD > co 0 W r N = LL 2 �, o- N m C) N U) y m ce rc re t— 2 2 N e+� us O O O a Z 0 0 2 2 N (A COU) U) �. (7 m ❑® *Dwelling -Mobile Home ❑® + Dwelling -Multiple-Family ❑® P C + Dwelling- Patio Home ❑® P + Dwelling -Single-Family PPPPPPPPP P P + Detached ❑al Dwelling -Town House P + Dwelling-Two-Family ❑® C P P + Home Occupation ❑® PPPPPPPPPPP P P + Private Street Subdivision P PPP + Accessory & Incidental Uses Accessory Structure(Business or C C C C C C C + P P P P P P P Industry) ❑® Accessory Structure(Residential) , P P P P P P P P P P P P P + CO El Accessory Dwelling DO P CCCCCCCC C C + Farm Accessory Building •P 'C C C C C.- C C C C C C C + C C C C P P P Off-Street Parking Incidential to C p p P P P P P P P P P P + P P P P P P P Residential Main Use Off-Street Parking Incidential to CCCCCCCCCCC P P + P P P P P P P Nonresidential Main Use " Chapter 2:Zoning Regulations Page 2-106 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses ,o N SPD co r- N M = u- = F- d co N CO V 7 N CO it Ck W (A Q: D: W F- 2 2 N ch �j Q O O a O 02 2 Servant, Guest, Caretakers or C C C C C C C C C C C P P P P P C C + C C C C C C C Security Quarters Social &Recreational Building, including homeowners CCCCCCCCCPP P P P + P P P P P association neighborhood recreation centers Onsite Detention Facility P P P P P P P P P P P P P P P P P P P P P P P P P P Off-site Detention Facility C. C C C C C C C C C C C C C C C C C C C C C C C C C Entertainment& Recreational Uses Billiard/Pool Facility(Three or C C C + C C C P P More Tables) Bingo Facility C C C + C C C P P Bowling Alley(Air-Conditioned C C C + C C C P P and Sound Proofed) Commercial Amusement, Indoor P C C + C C C P P ❑® Commercial Amusement, Outdoor C C C + C C C P P ❑® Country Club ❑® CCCCCCCCCPP P P P P P + P P P P P Dinner Theatre C C C + C C C P P Driving Range (Golf) C C C C C + C C C P P Drag Strip/Race Track ❑® + C C C Fairgrounds + Gaming Establishment ❑® CCCCCCCCCC Chapter 2:Zoning Regulations Page 2-107 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. • Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses u� N SPD D co co O W N M = LL = 2 �, ~ a. N m co 7 N co W 0' rX re re I- 2 2 N M (I O O O a Z WO 2 2 (A M d) U) U) (7 m Golf Course(Miniature) C C C C C C C + C C C P Golf Course(Private) ❑® C C C . C C C C + C C C P Golf Course(Public) ❑® C C C C C C C + C C C P Park and/or Playground (Private) P PPPP P PPPPPP PPP P P P + P P PP Park and/or Playground (Public; p p p p p p P P P P P P P P P P P P + P P P P P Municipal) Private Club C C + C P P P Recreation Center(Private, For CCPPP C C + C P P P P Profit) . Rodeo Grounds C + P Skating Rink C C + C C C P P ' Swimming Pool, Commercial C C + C C C P P Swimming Pool, Private(Use p PPPPPPPPPP P P P + PPPPP Only By Resident) Temporary Outdoor Amusement/Activity* Tennis or Swim Club(Private, For C CCCCCCCC P P P P P + P .P P P P Profit) Tennis Court(Private/Not Lighted) P PPPP PP PPPPP PP P P + P P P P P Tennis Court(Private/Lighted) P P C C C C C C C C C C CC C C + C C C C P Travel Trailer/RV Park/Campground (Long-Term C + C Stays) (Travel Trailer Defined) • * Refer to City's Special Events Ordinance Chapter 2:Zoning Regulations • Page 2-108 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Et Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts : Non-Residential Zoning Districts Types of Land Uses to cr ao SPD CO m a a u- x a N m m C.) 7 N rA m N CO v 10 V o O O a z C7 C9 CO CA U) U) v) (g m Travel Trailer/RV Park/Campground (Short-Term C + C Stays) (Travel Trailer Defined) Automobile-Related Service Uses All Terrain Vehicle(Go-Carts & . + PPPP Motor Cycles) Dealer/Sales Auto Accessories and/or Parts (Only Retail Sales in building, no + PPPP outside storage or display, no repair) ❑Ela Auto Assembly + C P P Auto Body Repair + P P P Auto/Leasing + C C C C P P P Auto Glass Repair/Tinting + CPPP Auto Interior Shop/Upholstery + CPPP Auto Muffler Shop - + P P P Auto Paint Shop + P P P Auto Parts Manufacturing + C P P Auto Parts Sale(With Outside • + C P P Storage or Display) Auto Parts Sales (Indoors Only; + C P P With Repair Bays) Auto Rental ❑® + CPPP Chapter 2:Zoning Regulations Page 2-109 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Q Uses'defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential s Zoning Districts Types of Land Uses o N SPD D cODo r- r N M IL = f— a N CO V N N d' Ce re H 2 2 N et u� O 0 0 a z w 0 i 2 Auto Repair(Major) ❑® + C P P Auto Repair(Minor) ❑® + CPPP Auto Sales/Dealer ❑ (New- In Building, Auto Servicing and Used + PPPP Auto Sales as accessory uses only) LI Auto Wash (Full Service/Detail + C PPPP Shop) ❑® Auto Wash (Self-Service) ❑® + CPPP Auto Wrecker Service + P P P Bicycle Sales (New/Repair) + PPPPP Boat Sales (New/Repair) + P P P Bus,or Truck Storage + C P P Gasoline Station ❑M + PPPPP Limousine/Taxi Service + P P P Motor Freight Transportation, + C P P Storage, &Terminal Motorcycle Sales/Dealer + p P P (New/Repair) Parking Lot or Garage for passenger cars and trucks of less C C C '+ CPPPP than one (1) ton capacity Personal Watercraft Sales + p P P (New/Repair) Tire Retreading and Capping + P P Chapter 2:Zoning Regulations Page 2-110 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses N N = SPD D 0s U) fY lY Ce re F 2 a f- d co CO CO V 2 411 2 rn rn � N M � N V O ° O d Z c7 t', 2 � vs m m m rn O m Tire Sales(Outdoors, With Open Storage) + P P P Transfer Station (Refuse/Pick-up) + C P P Transit Terminal + C C C P P P P Truck and Bus Rental + P P P Truck Sales(Heavy Trucks) + P P P Truck or Freight Terminal + C P P Office Uses Clinic, Medical or Dental ❑® P P P C C P P + P P P P P C Credit Agency PCCPP + P P P P P C Emergency Care Clinic PCCCC + P C P C Financial Institution (No Motor p p p p p p p + P P P P P C Bank Services) ❑® Financial Institution (With Motor P C C P P P P + P P P P P C Bank Servcies) ❑ Financial Services (Advice/Invest) P P P P P P P + P P P P P C Insurance Agency Offices P P P P P P P + P P P P P C Office, Brokerage Service P P P P P P P + P P P P P C Office, Legal Service P P P P P P P + P P P ' P P C Office, Medical/Dental (Defined P p p p p p p + p p p p p C Under Medical Facilities) Chapter 2:Zoning Regulations Page 2-111 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. E Uses defined within the Definitions chapter of the UDC). +Refer to the Old Townsite Downtown Development District. Residential Zoning Districts - Mixed Use Districts Non-Residential s Zoning Districts Types of Land Uses If) N .SPD. > o°Do (d re re ~ 2 2 N M O O O a Z t9 0 2 E (/) Cn V 0 CO Office, Parole-Probation + P • Office, Professional and General C C C C C C C + ' P P P P PC Business (other than those listed) Office, Real Estate P P P P P P P + . P P P P P C Office/Clinic,Veterinarian (No • P C C C C C C + C P P P PC Animal Hospital or Outside Pens) • Office/Clinic,Veterinarian (No Animal Hospital, With Outside + P C • Pens) Security Monitoring Company(No P P + P P P P P C Outside Storage) Telemarketing Agency + C C P C • Travel Agency, Bureau or P P P P P + P P P P P C Consultant • Personal & Business Service Uses Ambulance Service ❑W -C C + CPPP • Chapter 2:Zoning Regulations Page 2-112 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ® Uses defined within the Definitions chapter of the UDC). 4 Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses go N SPD > m 2 p W li & & N M re 2 m = N M 0 0 O a Z O O 5 2 rn co m m r/) if) m v ca m Automatic Teller Machine(ATM) C C C P P P P + P P P P P P P Automobile Driving School p P + CPPP (including Defensive Driving) • Barber/Beauty Shop/Tanning Studios (No Related P P P P P + P P P P P C School/College) Barber/Cosmetology p P + C CPPP School/College Bed & Breakfast Inn ❑Q CCCCCCCCCC C C C P P + P P P P P Check Cashing Service C C C + CCPPPP Dance/Drama/Music School CPPPP + C P C P P C (Performing Arts) Extended Stay Hotel/Motel ❑® PPPC + ' C C P P Funeral Home ❑® + CCCPC Health Club (Physical Fitness; Indoors Only) P P P C C + C P C P P C Hotel/Motel ❑® PPPC + P C P P Laundromat(Self-Service C + C CPPP Laundry) Laundry/Dry Cleaning (Retail Only P P P P P + C C P P P - Drop Off/Pick Up) Mailing Service(Private) P P P C_ C + P P P P P C Martial Arts School/Studio/Tutorial P C C + CCPPPP Clubs/Learning centers Pharmacy(Retail Only) P P P P P + P P P P P P Chapter 2:Zoning Regulations Page 2-113 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. • C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ® Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses to N SPD co coo NW N eh 1- a N m C.) 7 re M M M W re re I- 2 2 N, M a 1A O O a Z 0 0 2 2 m cn m m cn v 0 Rehabilitation Care Facility + C CPPP (Halfway House) Rehabilitation Care Institution + C CPPP (Commercial) Seamstress or Dressmaker P P P P P + P P P P P (Retail Only) Studio-Tattoo or Body Piercing + C C C Retail & Business Service Uses Antique Shop ❑ (No outside C C C P P + P P P P P C storage) Antique Shop ❑(With outside C C C C C + C C C C P C storage)flA Apparel Shop P C C C C + C P P P" P C Animal Hospital (No Outside + C P C Pens) Art Museum and/or Dealer P P P P P + C C C P, P C Art Studio and/or Gallery ❑® C C C P P + C C P PPC Art Supply Store P P P C C + PPPPPC Chapter 2:Zoning Regulations Page 2-114 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. - C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Q Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses a D co p w ca M _ u- = SPD I— a N m m 0 r U) re reD: H 2 2 N s v O O O d Z 0 0 E 2 m v� rn rn m ,O m Bakery or Confectionery Shop (Retail Sales, Inside Service Only) P P P P P + P P P P P C Bakery or Confectionery Shop (Retail Sales, With Drive-Thru C C C C C + C C C P PC Service) ❑ Bakery(Wholesale) ❑Q + P C Book/Stationery Shop (Retail P P P p p + p P P P P C Only) Business Service Retail (Provides wares and/or service in support of C C C C C + C C C P PC professional occupations) Cafe ❑lam P P P P P + PPPPPC Cafeteria ❑® C C C C C + P P P P P C Camera Shop (Retail Only) P P P C C + PPPPPC Cigars, Tobacco Shop (Retail C + C P C P PC Only) Carpenter Shop P C C P P + C C C P PC Catering Service P C C P P + C C C P P C Coffee, Donut and Similar Food Sales Shop(For On-or Off-Site P P P P P + P P P P P C Consumption) Computer Sales P C C C C + C P C P PC Consignment Shop P C C C- C + C -P P P P C • Chapter 2:Zoning Regulations Page 2-115 Legend - P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Ea Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. - Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts • Types of Land Uses in c SPD > D 0°D0 G w N .M. I ur S 2 , F- a N rn CO V `; N (0) co CO cn vU 0 m Convenience Store(With C C C + C C C P PC Gasoline Sales) ❑® Convenience Store(Without C C C C C + C C P P PC Gasoline Sales) ❑M - Copy/Printing Shop ❑® P P P C C + P P P P P C Department Store 0 (Retail Only, for Hardware, Sporting Goods, P P P + P P P C Toys, Paints,Wallpaper, and/or Clothing)CO Drapery/Blind Shop P P P P P + P P P P P C Electronic Goods Store(Retail P. P P C C + C P C P PC Only) • Florist Shop(Retail Only) P P P P P + P P P P P C Food Store/Supermarket ❑® P P P + CPPC Furniture and/or Appliance Store . (Retail or Rental Only, Indoor P P P C C + P P P C Only) Furniture Repair and.Upholstering + C P C (No Outside Storage) Garage and/or Yard Sales P P P P P P P P P ,P- P P P + C C C C C C Garden Shop &Outside Plant + C C C P PC Sales (i.e., Plant Nursery) . Gift or Card Shop (Retail Only) P P P P P + P P P P P C Handicraft&Art Object Sales P P P p P + P P P P P C Shop Chapter 2:Zoning Regulations Page 2-116 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. C Uses defined within.the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District: Residential,Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses in N a co W 0 - r - N M / _ = SPD a F- d N N CO v 7 N y ce (a & ri cc re W 1— 2 2 T VI) eh 1n V' 0 0 O' d Z 0 0 2 2 f!) N fn N N 0 m Hardware Store ❑EB C C C C C + C C C ,P P C Hobby Shop(Retail Only) P P P + PPPC Home Improvement Center P C C + CCCPC Ice Cream/Yogurt Shop (For On- P p p P P + P P P P P C or Off-Site Consumption) Itinerant Vendor/Seasonal C C C C C + C C C C C C Vending Jewelry Store P .P 'P C C + PPPPC Key Shop + PPPC Market-Open Air(i.e., Flea C C C + C P C Market) Meat and Fish Market(Retail C C C + CCPC Only) Medical Appliances & Sales + P P P C Motion Picture Theater(Indoors) PPPPP + P P C Optical Shop P :P P P P + P P P P P C Outside Display(See related . regulations in applicable zoning - C C C + CPPC districts) _ Paint, Wallpaper Shop (Retail p p p P P + P P P P P C Only) - Pet Shop-Small Animals, Birds or P P P + PPPC Fish Personal Custom Services, Tailor, p p p + PPPC Millinery, Etc. Chapter 2:Zoning Regulations Page 2-117 Legend • P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Re Districdenc s Zoning District Types of Land Uses o w N = SPD 2 a CO0 , N CO re a W I- 22 N eh a o o O a z 0 0 2 2 v) v) (I) in CO ro v) 0 CO Pharmacy/Drug Store(Retail p P P P P + p P P P P C Only) Piano and Musical Instruments p p. P + PPPC (Retail Only) Restaurant(With Drive-In and/or _ C C C C + C P PC Drive-Thru Service) Restaurant(With No Drive-In or P P P C C + CPPC Drive-Thru Service) Retail Shops,Apparel, Accessories, Gifts &Similar P P P C C + P P P P P C Goods (Other than those listed; No Outside Storage) Shoe Store(Retail Only) P P P C C + P P P' C Sign Shop(small scale, such as a storefront; includes sign and C C + CPPC banner making for retail sale only) Stone Monuments-Retail Sales C C + C PPPC Only (indoors) Stone Monuments—Fabrication C C + C C and Outdoor Storage • Studio, Decorator& Display of Art p P P C C + CPPC Objects Chapter 2:Zoning Regulations Page 2-118 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses io N R co CO o: ' ' CI I i = SPD m - 1. n, N CO m V CI N W .- N M us V O O O a z C9 c9 m m m m m a m. Studio, Photographer, Artist, p P P C C + CPPC Music, Drama, Dance Studio, Health Reducing or p P P C C + CPPC Similar Service Tavern P P C Variety Store C C C + PPPC Video Rental and/or Sales P P P C C + CPPC Institutional/ Governmental Uses Adult Day Care Center(Business) + C C C P P Antenna (Commercial) See Telecommunications Regulations, Chapter 2, Article 5, Division 5 of the UDC Antenna (Non-Commercial) See Telecommunications Regulations, Chapter 2, Article 5, Division 5 of the UDC Assisted Living Facility ❑I® _ C C C C + C P C P P Auction House + C P C P P Child Day Care Center(Business) P P P C C + C P C P P ❑® Child Day Nursery ❑O PPPPPPPPCCP P P + P P P P P Church/Temple/Place of Worship CCCCCCCCCCCPPPPPPP + C P C P P ®❑ Civic Center(Municipal) ❑lam P . P + C P P P P Civic Club P P + C P P P P Community/Group Home ❑® P P P P P P P P P P P + P P Chapter 2:Zoning Regulations Page 2-119 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ELI Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Ddenistric Use Districts Non-Rec s Zoning Districts Types of Land Uses un N SPD D N 0 W - - - CI M / = lL 2 2 F- d N m m U , M ir 1i & d' w r4 W 1- 2 2 N M a N .... O O G. Z 0 0 2 2 • fA (n 0rn (0 CO a) V 0 CO Community or Social Buildings CCCCCCCCCCC P P C C + P P ❑® Convent or Monastery ❑® P P P P P P P P P P P P P P P P P P + P P P P P Day Camp (For Children) ❑® C C C + P P P P Day Care See"Child Day Care Center(Business)" Day Nursery . . See"Child Day Nursery" Exhibition Hall C + P P P P Fraternal Organization ❑Q C C C C C C C C C C C C C C + P P P P P Fraternity or Sorority House ❑® C C C C C C C C C C C C C C + P P P P P Governmental Building or Use C C C C C C C C C C C C P P C C C C + PPPP PPP (County, State or Federal) Home for Alcoholic, Narcotic or C + C C C C Psychiatric Patients Hospice (Defined Under P P P P P P P P P P P + P P Household Care Facility) - Hospital(Non-Profit) ❑® C C C C + C P C P P P P • Hospital (For Profit) D . C P P P + C P C P PP P Institution of Religious,• Educational or Philanthropic .C C C C C C C C C C C .P P P P P C C + P P P P P - Nature Library, Public C P P + P P P P P Mortuary/Cemetery(Including C + 'P P Mausoleum/Crematorium) - • Municipal Public Administration C C CCCC C C P + P PPPPP Offices Chapter 2:Zoning Regulations Page 2-120 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Q Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses io N SPD M > °D G 41 7 7 e� N 2 u- �, 1- a. N V- N ix o: it, ce ce H 2 2 N M 1 Q O O Z 0 0 M (A CO CO co co 0 Museum (Indoors Only) P C + P P P P P Nursing/Convalescent Home (Defined Under Skilled Nursing P C + C C C P P Facility) Penal or Correctional Institutions + P P Public Assembly(Auditorium, p + C PPPP Gymnasium, Stadiums etc.) Rectory/Parsonage CCCCCCCCCCCPPPP P C. C + P PP PP Retirement Housing for the See"Assisted Living Facility" Elderly - School-College or University C CC CCCCCC P C PPPP + P P P P P School-Elementary(Public or CCCCCCCCCPC C C C + P P P P P Parochial) School-High School(Public or CCCCCCCCCPC CCC + P P P P P Parochial) School-Junior High (Public or C C C C C C C C • C P C C C C + P P P P P Parochial) School-Other Than Public or CCCCCCCCCPC C C C + P P P P P Parochial School-Trade or Commercial (Defined Under School, CCCP + C C C C P PP Sheltered Care Facility C + C C Studio for Radio and/or Television + P P C P P P P (No Tower[s]) Chapter 2:Zoning Regulations Page 2-121 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. Q Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Re District denistricc s Zoning Dts Types of Land Uses ID N SPDD 03 CO ill W N eh = V_ _ F- a N rR CO C) , w w W N tr w F- 2 2 N M -j O O O a Z. O 02 2 CO CO CI) v) C7 CO Utility & Related Service Uses (Also see Section 4.2.4.2-Screening for Utility Support Structures and Stations) Cellular Communications Tower/PCS (See C CCCCCCCCCCCCCCCCC + CCCCCP P Telecommunications Regs. Chp. 2, Art. 5, Div. 5 of the UDC) Electric Power Generating Plant + C C Electrical Substation C C C C C C C C C C C C C C C P C C + C C C C C C C Franchised Private Utility ❑ (Other C CCCCCCCCCCCCCCPCC + CCCCCP P than those listed)IA Gas Transmission & Metering C C C C C C C C C C C C C C C P C C + C C C C C P P Station Public Utilities(Other than those C C C C C C C C C C C C C C C C C C + CCCCCCC listed) Radio or Television or Microwave Towers (Commercial) {See C C C C C C C C C C C C C C C C C + C C C C C P P Telecommunications Regulations, - Chap.2, Art. 5, Div. 5 of the UDC) Radio or Television Transmitting Station (Commercial) (See C C C C C C C C C C C C C C C C C C + CCCCCP P Telecommunications Regulations, Chap. 2, Art. 5, Div. 5 of the UDC) Sanitary Landfill (Private) + C C Sanitary Landfill (Public) + C C Chapter 2:Zoning Regulations Page 2-122 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses to N SPDD co N 2 2 a � a us O O O a z 0U' C9 2 g m co V) N v) v� V (j m Railroad Team Track or Freight Depot + p p p Satellite Dish (Private, less than 4' in diameter){See P P P P P P P P P P P P P P P P P P + P P P P P P P Telecommunications Regs. Chp. 2, Art. 5, Div. 5 of the UDC) Satellite Dish (greater than 4'in diameter)(See + CCCCCCC Telecommunications Regs. Chp. 2,Art. 5, Div. 5 of the UDC) Telephone Business Office P + P P P P P P P Telephone Exchange Switching C C C C C C C C C. C C C C C C C C C + C C C C C C C Relay&Transmitting Equipment Utility Shops or Storage, Yards + CPPP and Building Commercial & Related Service Uses Pet Care Facility/Animal Kennel c + P P P (With Outdoor Pens)II Pet Care Facility/Animal Kennel C P C C C C C C + C. P P P P P P (With Indoor Pens) Chapter 2:Zoning Regulations Page 2-123 Legend P-The land use is permitted by right in the zoning district indicated. (Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Re Districdenc s Zoning - District Types of Land Uses co G MIN M _ _ SPD - F a i i m 0 r v) a! & i rc a: cc H E S N U ' o O c) a z .O O 5 2 v� to vo cO v) v) U) v 0 m Appliance Repair ❑® C + CPPP Book Binding C + PPPP Building Material Sales C P C + P P P Cabinet Business P P C + CPPP Cannery Wholesale + CPPP Cattle Feedlot(CAFO) C + C C C Chemical Packing or Blending + - C C Cleaning, Dyeing or Laundry + P P Plant, Commercial ❑® Communication Equipment Sales/Service,(Installation and/or • C + C C C •C P P P Repair-No outdoor sales or - storage or towers/antennae) Construction Contractor with + C P P Storage Yard Contractor's Office/Sales, No - Outside Storage including + C C C P P P P Vehicles Contractor's Temporary On-Site Construction Office(only with P P P P P P P P P P P P P P P P P- + P ,P P P P P P permit from B.O.) Dance Hall or Night Club ❑® C C + _ C P Drive-In Theater + C P Chapter 2:Zoning Regulations Page 2-124 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. EU Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses to N SPD > > 00 co p W r N CL 2 = e- N Col d 1p O O O d' Z t9 0 2 2 Electronic Assembly C + P P P Exterminator Service/Company C + C C P P P P (No outdoor sales or storage) Fur/Hide Tanning and Finishing + P P Furniture/Appliances-Open + P P P Storage & Retail Sale Gravestone/Tombstone Sales + P P P Heavy Machinery Sales, Storage + C P P &Repair ❑M Heating &Air-Conditioning C + CPPP Sales/Services Home Sales office-temp(for new P pp P P P P P P P P + subdivision) Laboratory, Scientific or Research (Defined Under Scientific and P P C C + C P C C P P P Industrial Research Laboratories) Laboratory, Medical or Dental P P C C + C P C P P P P Lawnmower Sales and/or Repair + C P C Liquefied Petroleum Storage& + C C C Sales Loading or Storage Tanks C C + C P P Locksmith + CPPP Lumber Mill/Yard + P P P Machine Shop + PPCC Chapter 2:Zoning Regulations Page 2-125 �, .— 17 Leciend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. I! Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Non-Residential Zoning Residential Zoning Districts Mixed Use Districts Districts Types of Land Uses to N SPD > m 00 00 p W - - - N M I i u- _ 2 1- a N M CO C) 7 N CO CO W fA CAV 0 CO Manufactured Home Display, Sales and/or Rental (New or + P .P P Used) Mattress Making and/or + P P P Renovating - Milk Depot-Wholesale + P ' P P Mini-Warehouse/Self Storage + CCCC Moving and Storage Company + CCP P News Printing + CCP P Office Warehouse Storage or Sales(Defined Under Storage or C P , + C P P Wholesale Warehouse) Outside Storage + CCP P Pawn Shop + R P Pet and Animal Grooming Shop C C C C + P P Petroleum Products Bulk Storage + C C C (Wholesale) Pipe Processing + C C P Pipe Storage Yard + C P P Plumbing Shop (No Outside C + C P P P Storage) - Printing Equipment, Supplies and C + CPPP Repairs _ Propane Sales(Retail) + . C P P P • Chapter 2:Zoning Regulations Page 2-126 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C-The land use may be approved as a conditional use(CUP)in the zoning district indicated. Q Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts ,Non-Residential Zoning Districts Types of Land Uses io cr SPD > °D 03 m m re v� U) c"'n cTr ocn u 0o z Quick Lube/Oil Change/Minor Inspection + CPPP Railroad, Bus, Light Rail CCCCC + PPPP Passenger Station (Public) Railroad Team Tracks, Freight, Depot or Docks +. P P Railroad Tracks& Right-of-Way C CC CCC CCCCC C C. C C C C C + CC C C C CC Reproduction of Blueprints C P + C P PPPP Sheet Metal Shop C + P P P • Storage of Used Lumber and Building Materials C + C P P Taxidermist + C P P Tool and Machinery Rental C + CPPP (Indoor Storage only) Tool and Machinery Rental (with + C P P Outdoor Storage) Trailer Home Sales or Rental Only + C C C Transfer Storage& Baggage + P P P Terminal Upholstery Business C + CPPP Vacuum Cleaner Sales and Repair • + CPPP Welding Shop + C P P Chapter 2:Zoning Regulations Page 2-127 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. CO Uses defined within the Definitions chapter of the UDC). +Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts- Types-of Land Uses to c i SPD 0000 IiJ e� N M = IL a H a N fA m V 7 N N CI et 143 N m CO N) to CO COV 0 m Wholesale'Trade- Nondurable C C C C + P P P Goods _ Wood Working Shops C C + C P P P Industrial & Related Service Uses • Acid Manufacturer + C Airport Qo, Heliport/Helipad ®❑ C - C C C C C C C + CCCCCCC or Landing Field Animal Slaughtering or Poultry + C Processes Ammonia Manufacturer • + C Asphalt Batching Plant ❑U _ + Bio-Tech, High-Tech P P C C + C P P Manufacturing Carbon Black Manufacturer + C Cement, Lime, Gypsum or Plaster of Paris Manufacturer Chemical Packing and/or + - • C C Blending Clothing Manufacturing _ C P C C + P P P Commercial Extraction of Soil, C + C Sand, and Gravel Concrete Batching Plant ❑® + C Chapter 2:Zoning Regulations Page 2-128 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Residential Zoning Districts Types of Land Uses N N ao ai w & iy c i g SPD o O O N z o o 2 N N t%) v) v) CO U) V m Dumps and Landfills + C Hazardous Emissions (as Determined by Enforcing Officer& + C Other Objectionable) Explosives Manufacturer and/or + C Storage Glue or Fertilizer Manufacturer - + C Heavy Manufacturing Process + P Light Manufacturing Process C C + P P • Manufacturer of Chlorine or Other + C Toxic Gasses Manufacturing, Industrial Storage _ or Assembly Process Not Prohibited by Law but excluding + P those'listed in Section 2.4.4.6 and Section 2.4.4.7 of this UDC Minor Concrete Batching - Operation &Storage of - - Associated Processing Material • + ' CCP (Restricted to 1.5 Yards or Less • Per Batch) - Petrochemical Plant + C Chapter 2:Zoning Regulations Page 2-129 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. Residential Zoning Districts Mixed Use Districts Non-Re District denistricc s Zoning Dts Types of Land Uses 03 a w r r (I/ (.2ur = SPD t— a N co m c) . t/) re re r 2 2 r N M ' u) V O 0 0 a z C9 0 v� m N v) rn to C9 CO Petroleum or Petroleum Product Extraction, Refining, + C Manufacturer, or Bulk Storage Rendering Plant + C Storage or Processing of Sand, Sulfur, Gravel, Cement or Similar + P Material Tanning, Curing, Treating, or + C Storage of Skins or Hides • Warehouse& Distribution Facility P P + C P P Wrecking or Salvage Yard (Auto, + C P Steel) Wrecking or Salvage Yard + C P (Building Materials) Ord. No. 2000T-2, Section 2.5.2.1., February 26, 2007. Ord. No. 2000T-4, Section 2.5.2.1., September 24, 2007. Chapter 2:Zoning Regulations Page 2-130 Legend P-The land use is permitted by right in the zoning district indicated. -(Blank)The land use is prohibited in the zoning district indicated. C—The land use may be approved as a conditional use(CUP)in the zoning district indicated. ®Uses defined within the Definitions chapter of the UDC). + Refer to the Old Townsite Downtown Development District. • [This page intentionally left blank.] Chapter 2:Zoning Regulations Page 2-131 Division 3—Accessory Uses & Structures Section 2.5.3.1 Area Regulations for Accessory Buildings (All Districts) (a) Accessory Buildings In Relation to the Front & Side.Yard. Accessory buildings, r including tool sheds, and greenhouses, shall not be permitted except as follows. Garages and carports shall adhere to the requirements in subsection (d) below. (1) Barns and related structures necessary for farming and ranching purposes shall be exempt from this requirement on parcels or tracts of land that are ten (10) acres or greater in size. (b) Accessory Buildings In Relation to the Rear Yard. Accessory buildings, as permitted herein, shall be allowed in rear yards; provided, however, that no accessory building may be closer than three feet (3') to a common property line and shall not encroach on any dedicated easements. (See Figure 2-4, on page 2-117.) Garages and carports shall adhere to the requirements in subsection (d) below. (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 or carports that are connected to the main building only by a breezeway (see definition in Chapter 5) shall not be considered part of the main building, and shall be considered an accessory building. Garages and carports shall therefore 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 I MAXIMUM OVERHANG greater. SUPPORT- 4 PROPERTY LINE (3) For these requirements, ALLEY carports shall be measured from 4 STREET —L—j— the roof nearest to the street or METHOD OF MEASURING alley (see Figure 2-3). CARPORT SETBACK(20'Minimum) AccessoryBuildings Without a (e) 9 Figure 2-3: Carport Setback Main Building. Accessory buildings are not permitted without a main structure except in the Suburban Development (SD) District. (f) Height of Accessory Buildings. Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings (including accessory dwellings) may be allowed in certain zoning districts by Conditional Use Permit (CUP) (see Article 2, Division 3) if there is no adverse impact upon adjacent properties. Chapter 2:Zoning Regulations Page 2-132 (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 barns and related structures necessary for farming and ranching purposes. (h) Number of Accessory Buildings. There shall be no more than two (2) accessory buildings on any residential lot. 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. Ord. No. 2000T-8, Section 2.5.3.1., August 25, 2008. Division 4 Home Occupations Section 2.5.4.1 Purpose (a) Purpose. Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of • neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses. Chapter 2:Zoning Regulations Page 2-133 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 members of the family 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. Section 2.5.4.3 Prohibited Home Occupations (a) Prohibited Home Occupation Uses. The following uses are specifically prohibited from operating as a home occupation. (1) Clinic (of any type, including animal clinic); (2) Doctor's office; (3) Hospital; (4) Barber shop and/or beauty shop; (5) Dress shop; (6) Real estate office; (7) Health studio; (8) Tea room; (9) Palm reading; and (10) Kennel. Chapter 2:Zoning Regulations Page 2-134 Section 2.5.4.4 Registered Family Home (a) The operation of a Registered Family Home, as defined herein, shall be allowed in the appropriate zoning districts in accordance with the Land Use Matrix (Section 2.5.2.1), as a Home Occupation, provided the following requirements are met: (1) The operation shall at all times be in compliance with prescribed Minimum Standards for Registered Family Homes and other applicable Texas Department of Human Resources regulations. (2) No advertising signage shall be allowed. (3) A fenced play area shall be provided. Fencing shall comply with Chapter 4, Article 2, Division 4 of this UDC, except that the minimum height for fences and gates shall be four feet (4'). (4) The total number of children being given care, including the caretaker's own, shall not exceed seven (7) at any time. (5) The operation shall at all times be in compliance with Section 2.5.4.2 of this UDC. Division 5— Telecommunications Towers & Antennas Section 2.5.5.1 Purpose, Applicability, & Conflicting Regulations (a) Purpose. These regulations are primarily intended to maximize the use of new and existing towers to prevent the proliferation of unnecessary towers and to minimize the adverse visual impacts of towers and antennas through design, location, landscape and screening requirements. (b) Applicability. (1) This article applies to towers and antennas located in any zoning district. (2) This article does not apply to the following: a. A receive-only television antenna or satellite dish less than four feet (4') in diameter; b. Satellite dish antenna that is a permitted accessory use as provided in this chapter; or c. A tower less than fifty feet (50') in height that is used as an amateur radio station. 1. The Planning Department, however, may require the applicant to submit information on the height, location, and the manufacturer's drawings and specifications for the tower, or any other any information as necessary to determine whether a Conditional Use Permit (CUP) should be granted as required by this article. (3) Any regulations relating to the height of a tower, alternate tower structure, or antenna contained in this division of this UDC controls over any conflicting provision of any other regulations not contained in this article. Chapter 2:Zoning Regulations Page 2-135 Section 2.5.5.2 Conditional Use Permit Required (a) Requirement & Procedures. Except as otherwise provided in this section, a person may not construct, erect, or maintain a tower or antenna on any land located within - the City without first receiving a conditional use permit. The procedures of this article relating to the application, processing, and determination of whether to grant a conditional use permit, are in addition to any other provisions and requirements contained in other articles of these zoning regulations relating to conditional use permits. (b) Exemptions. (1) Rooftop mounted towers and antennas may be located on any buildings serving a nonresidential use and on an alternative tower structure without obtaining a conditional use permit, if: a. The structure, other than a tower on which the tower or antenna will be placed, exceeds fifty feet (50') in height; b. The tower and antenna will add no more than twenty feet (20') total to the height of the existing structure; c. The tower or antenna does not contain advertising; and d. It complies with the lighting regulations for towers as specified in this division. (2) Freestanding antennas do not require a CUP in any nonresidential zoning district if it does not exceed the height requirement(s) in the district and it meets all other requirements of the district. (c) Procedures. An application for a CUP for a tower, antenna, or use of an alternative tower structure shall meet the procedural requirements set forth for a CUP contained within Article 2, Division 3 of this Chapter 2. (d) Effects Not Considered. The effects of radio frequency emissions on persons or the - environment must not be considered in a proceeding involving an application for a conditional use permit. (e) Application & Requirements. An application for a conditional use permit for a tower, antenna, or use of an alternative tower structure must be made to the Planning Department. An application will not be considered until it is complete. A complete application must contain the following: (1) An inventory of the applicant's existing towers that are either within the City or within one mile of the corporate limits, specifying the location, height, and design of each tower. The Planning Department may share the information with other applicants for a conditional use permit under this article. (2) Site plans to scale specifying the location of tower(s), transmission building and other accessory uses, street access, parking, fences, landscaped areas, and adjacent land uses. (3) A report from a professional structural engineer licensed in the State of Texas documenting the following: a. Tower height and design, showing a cross-section of the tower structure. Chapter 2:Zoning Regulations Page 2-136 b. Total anticipated capacity of the tower structure, including the number and types of antennas which can be accommodated. (4) A letter of intent to lease excess space on the tower and to lease additional excess land on the tower site when the shared use potential of the tower is absorbed, if structurally and technically possible. (5) Each applicant must make a good faith effort to substantially demonstrate that no existing towers could accommodate the applicant's proposed antenna by doing the following: a. The applicant must contact the owners of all existing towers of a height roughly equal to or greater than the height of the tower proposed by the applicant. A list must be provided of all owners contacted, the date of the contact, and the form and content of the contact. Where an existing tower is known to have capacity for additional antennas of the sort proposed, that application for a new tower is not complete until the owner of the existing tower responds, unless the applicant submits sufficient information for the Planning Department to determine that all reasonable efforts to obtain a response have been made and further efforts would be futile. b. The applicant must request the following information from each tower owner contacted: 1. Identification of the site by location, existing uses, and tower height. 2. Whether each tower could structurally accommodate the antenna proposed by the applicant without requiring structural changes be made to the tower. To enable the owner to respond, the applicant must provide each owner with the height, length, weight, and other relevant data about the proposed antenna. 3. Whether each tower could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the tower. If so, the owner must specify in general terms what structural changes would be required. 4. If structurally able, would shared use by the existing tower be precluded for reasons related to RF interference. If so, the owner must describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed tower, if at all. c. The Planning Department must maintain and provide, on request, records of responses from each owner. Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be accommodated on the owner's tower as described below, the owner need not be contacted by future applicants for antennas of the sort proposed. d. Shared use is not precluded simply because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The Planning Department and the City Council may consider expert testimony to determine whether Chapter 2:Zoning Regulations Page 2-137 the fee and costs are reasonable. Costs exceeding new tower development are presumed unreasonable. (6) Any other information which may be requested by the Planning Department to fully evaluate and review the application and the potential impact of a proposed tower or antenna. Section 2.5.5.3 General Requirements & Regulations (a) Advertising. No advertising shall be permitted on an antenna or tower. (b) Signs or Illumination. No signs or illumination shall be placed on an antenna or tower unless required by the FCC, FAA, or other state or federal agency of competent jurisdiction. The Planning Department may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views. (c) Establishment. A new cell shall not be established if there is a technically suitable space available on an existing.tower within the search area that the new cell is to serve. For the purpose of this article, the search area is defined as the grid for the placement of the antenna. (d) Location. A tower shall not be located in the required front yard in a residential district. (e) Tower Separation. All free-standing towers (not mounted on rooftops or alternative tower structures) must conform to the following minimum tower separation Table 2-1 Tower Separation Requirements Less 50'to 101'to . Greater Tower Height Than 50' 100' 150' Than 150' Less Than 50' 300' 500' 750' 1,000' 50'to 100' 500' 750' 1,000' 1,500' 101'to 150' 750' 1,000' 1,500' 2,000' Greater Than 1,000' 1,500' 2,000' 2,500' 150' requirements contained in Table 2-1. Section 2.5.5.4 Visual Impacts (a) Materials &Coloring. (1) Towers must either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neufral color, so as to reduce visual obtrusiveness. Chapter 2:Zoning Regulations Page 2-138 • (2) At a tower site, the design of the building and related structures must use materials, colors, textures, screening, and landscaping that will blend the tower and facilities to the natural setting and built environment. (3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (b) Height& Design. (1) Towers clustered at the same site must be of similar height and design. (2) Towers must be the minimum height necessary to provide parity with existing similar tower supported antenna, and must be freestanding where the negative visual effect is less than would be created by use of a guyed tower. Section 2.5.5.5 Principal, Accessory, &.Joint Uses (a) Structures & Storage. Accessory structures used in direct support of a tower are allowed, but such structures must not be used for offices, vehicle storage, or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower shall not be stored or parked on the site of the tower, unless repairs to the tower are being made. (b) Towers in Relation to a Principal Use. Towers may be located on sites containing another principal use in the same buildable area. Towers may occupy a parcel meeting the minimum lot size requirements` for the zoning district in which it is located. For a monopole tower, the minimum distance between the tower and any other principal use located on the same lot shall be twenty percent (20%) percent of the tower height or twenty-five feet (25'), whichever is greater. (c) More Than One Tower on One Site. Placement of more than one tower on a lot is permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails. Section 2.5.5.6 Shared Use • (a) No Permit Required. To encourage shared use of towers, no building permit or conditional use permit is required for the addition of antennas to an existing tower so long as the height of the tower or structure on which the antenna is placed is not increased and the requirements of this article are met. (b) Tower Owner Responsibilities. Any conditional use permit which is granted for a new tower is specifically subject to the condition that the tower owner abide by the following provisions relating to shared use, regardless of whether or not the ordinance granting the permit contains the conditions: (1) The tower owner must respond in a timely, comprehensive manner to a request for information from a potential shared use applicant; Chapter 2:Zoning Regulations Page 2-139 (2) The tower owner must negotiate in good faith for shared use by third parties; and (3) The tower owner must allow shared use where the third party seeking the use agrees in writing to pay reasonable, pro rata charges for sharing, including, all charges necessary to make modifications of the tower and transmitters to accommodate the shared use, and to observe whatever technical requirements are necessary to allow shared use without creating interference. (c) Compliance Required. The willful failure of an owner whose tower was approved under this article _to comply with the requirements of this section is grounds for withholding approval of any application by the owner for a building permit for the approved tower, for revoking the conditional use permit granted,for the tower, and for refusing to approve a new conditional use permit for any new tower or antenna. Section 2.5.5.7 Abandoned Towers (a)Not Operated for a Specific Period. Any antenna or tower that is not operated for any continuous period of 12 months is deemed abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned antenna or tower and the owner of the property where tower is located must remove the tower or antenna. If the antenna or tower is not removed within 60 days of receipt of notice from the City ordering the removal, the City may remove tower or antenna and place a lien upon the property for the costs of the removal. (b) Use After Abandonment. If the owner of an abandoned tower or antenna wishes to use the abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if the tower or antenna were a new tower or antenna. Section 2.5.5.8 Pre-Existing Towers & Non-Conforming Uses. - (a) Operative Towers. All communications towers that are operative prior to the effective date of this UDC and that do not comply wholly with the requirements of this division are allowed to continue their present usage as a nonconforming use and are treated as a non-conforming use in accordance with Chapter 2, Article 7 of this UDC. Routine maintenance is permitted on the existing towers. Construction other than routine maintenance on an existing communication tower must comply with the requirements of this UDC. Section 2.5.5.9 Public Property (a) Exempt. Antennas or towers located on property owned, leased or otherwise controlled by a City, State, or Federal entity are exempt from the requirements of this article. Chapter 2:Zoning Regulations Page 2-140 Division 6— Requirements Applicable to Specific Land Uses Section 2.5.6.1 Industrialized Housing (a) Requirements for Industrialized Housing. Industrialized homes in any residential zoning district shall meet all of the requirements of the district in which the industrialized home is located, and shall: (1) Have a value equal to or greater than the median taxable value for each single- family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located as determined by the most recent certified tax appraisal roll for each county in which the properties are located (i.e., Brazoria, Harris, or Fort Bend county); (2) Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with any single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located; (3) Comply with aesthetic standards, building setbacks, side and rear yard offsets, subdivision standards, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings in the zoning district in which the industrialized home is located; and (4) Be securely affixed to a permanent foundation. (b) The Meaning of"Value". For the purposes of subsection (a) above,,"value" means the taxable value of the industrialized home and the lot after the installation of the industrialized home. Section 2.5.6.2 Non-Residential Uses in Residential Zoning Districts (a) Purpose. Standards for nonresidential uses located within residential districts are set forth to minimize conflicts between land uses within residential areas. (b) Nonresidential Use Regulations Within Residential Zoning Districts. Any nonresidential use located within a residential zoning district and/or permitted by the Land Use Matrix to locate within a residential zoning district shall comply with the regulations prescribed for the Neighborhood Service (NS) District, unless otherwise specified within this UDC. Section 2.5.6.3 Residential Anti-Monotony Regulations (a) Purpose. Standards for addressing the issue of monotony in residential neighborhoods are set forth to promote the ideal of visually interesting residential areas. These standards are intended to encourage high-quality and innovative designs for the exterior of local homes and yard areas that in turn encourage viable neighborhoods of enduring aesthetic value. (b) Applicability. Chapter 2:Zoning Regulations Page 2-141 (1) The requirements of this section shall apply to any new construction within a residential subdivision the plat for which was filed after the adoption date of this UDC, the 27th of February, 2006. (2) Only residential subdivision plats for townhome (but not duplex) developments - and multiple-family developments shall be exempt from the requirements within this Section 2.5.6.3. (c) Requirements Related to Residential Floor Plans. Where the., development application indicates a residential development comprised of seventy-five (75) or more lots, a minimum of eight (8) front facades must be utilized, and no single front facade shall be duplicated within four(4) lots or tracts. (d) Varying Front Yards, Living Space Areas, & Garage Locations. The following shall be applied cumulatively to residential developments with twenty (20) or more platted lots. (1) Front Yards Varied: Variations of the front yard setback shall be allowed such that a maximum of one-third (1/3) of the platted lots are permitted to decrease the setback a maximum of five feet (5'). (2) Garage Locations: A minimum of one-third (1/3) of the houses shall be arranged such that the garage is not the dominant visual architectural feature by incorporating at least one (1) of the following: a. A garage that is detached from the house and is connected to the house with a breezeway or sidewalk. b. A garage that is accessed from a driveway at the rear of the lot (i.e., back-entry). c. A garage that is accessed from a side turn-in driveway at the front facade (i.e.,j-drive). d. A garage with a second story that is enhanced with windows, gables, or a porch. Ord. No. 2000T-2, Section 2.5.6.3., February 26, 2007. Ord. No. 2000T-3, Section 2.5.6.3., July 9, 2007. Section 2.5.6.4 Temporary Home Sales Offices (a) Purpose. Standards for, temporary home sales offices are set forth to allow C_ residential developments in Pearland to have an on-site sales office as the development is constructed. (b) Applicability. (1) Any and all requirements within this Section 2.5.6.4 shall apply to any residential subdivision plat hereinafter the adoption date of this UDC, the 27th of February, 2006. Chapter 2:Zoning Regulations ,w. Page 2-142 (2) Any residential development that will ultimately (i.e., at build-but) provide dwelling units that only will be rental units shall not be permitted to have a temporary home sales office. (c) Requirements. (1) The word temporary as it applies to this Section shall mean for a period not to exceed four(4) years, or fourteen hundred and sixty (1,460) days. (2) The Temporary Homes Sales Office must: a. Be located at all times on the development site (i.e., shall not be • permitted to be off-site). b. Have a building permit issued, except if the development is located outside the City limits. c. Have interior restroom facilities. d. Be connected to a public water and wastewater system. e. Meet the City's Electrical Code requirements. (3) Any trailer or portable building that is used for a Temporary Home Sales Office shall: a. Be a maximum of four (4) years old. The manufacture date of the trailer or portable building must be within the four-year period previous to the date upon which the trailer is placed on-site. b. Be maintained at all times in good condition, with no peeling paint, rusted areas, cracked areas, etc. c. Be freshly painted when placed on-site, within the fwo week period. d. Meet the City's Building Code requirements for trailers related to tie- downs. e. Meet the City's Building Code requirements for trailers related to withstanding wind loads. f. Meet the requirements of Subsection (c)(2) above. • Section 2.5.6.6 Municipal Uses (a) Municipal land uses shall be allowed in all zoning districts, and facilities owned and used by the City of Pearland shall not be required to obtain any zoning approval, including without limitation changes in zoning districts or conditional use permits. (b) Notwithstanding the exemption above, a municipal facility or use shall nonetheless comply with all requirements regarding screening, landscaping, parking, façade, setbacks, and buffers found in the regulations for the Corridor Overlay District, if the municipal facility or use is located therein, and the zoning district deemed by the Planning Director most appropriate for the municipal facility or use, as shown in the examples below: (1) administrative office facility: Office Professional District (OP) (2) community/recreation center: Office Professional District (OP) Chapter 2:Zoning Regulations Page 2-143 (3) emergency services (fire or EMS) facility: General Business District (GB) (4) police facility: General Commercial District (GC) - (5) animal control facility: General Commercial District (GC) (6) vehicle service facility: General Commercial District (GC) (7) sewer lift station: Light Industrial District (M-1) (8) wastewater treatment facility: Light Industrial District (M-1) Ord. No. 2000T-8, Section 2.5.6.5., August 25, 2008. y Chapter 2:Zoning Regulations Page 2-144 Article 6 - Supplemental Use Standards Division 1 —Area, Building & Height Regulations 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). LOT MONTAGE LOT �TROMTAO! 1 �IROX !� IRONI YARD •� fRONIT YAgp WRITING Mt YARD BMLDMO Um ............... LOT WIDTH LOT YAM LOT WIDTH W-WIDTH PROPERTY D-DEPTH UNE STRUT COAL sLSO.LI (A) (B) (C) � .. LOT WIDTH RROR UROPERTY UNE I e 1 Y STREET STREET L STREET R.O.V. LESS TWA EIOO.LTV[ w �' LOT AREA IS CALCULATED .., STREET S.O.Y. VISLN EXCLUDING ALLEY AND ' RDD.LI i STREET RIGHT-OF-WAY • _� LOT AREA MAY INCLUDE e E - EASEMENTS ON LOT AuerF'ISSIfNfAuer . ............... (A) . (11) TE11 I/2V • LOT AREA&DEPTH STET",O. L L // BLDG.LIES - STREET STREET SLOE. TI E i lUO MT"E LESS THAN FRONT YARD LIME AIIOISEJ In OF REOO.YID IRDNT YARD e YIDADYT ON \\\` OIL-K-SAE "e LOT LINE ,�•........................ Y RESIDENTIAL , WOW, -. IlONO STRUCTURE A W AREA AREA ` izam:ift WIDOW LE,! ACCESSORY 1 RFMYARD I ACCESSORY MUNRO L 1 MILDEW LME ___ ME NO ALLEY OR!AM NT (A) I ID/ YARDS Figure 2-4:Measuring Setbacks and Lot Dimensions- 1 Chapter 2:Zoning Regulations ' Page 2-145 • `,, STREET R.O.V. r ROW, r., STREET R.O.W. STREET.._ l—�� __1 FY s • ,� I I� , ,A /0 �ll Vi, 1 1 ..0/..°. RY RY . ��• STREET R.O.W. R.O.W. LINE ' , 177:7 SY 1 'STRUCTURE 1`>- 1 FRONTAGE \Y = ry INI =` O . SY • oc cc F- 1 2ND SY w -- . /i w --`,� w I T F\l \_ ` N1 u r r 1 1 j I F 2 I '` TURN `^ AROUND , ' [_I_ 4, if_.' . CUL-DE-SAC FY ( ' STREET R.O.W. S - RO� CT 7. (6? \• 6� . d CF \• S1Q•E- { \''. y r, , s,......„.... /2"/- N FRO 74 UR 4 RY ) ie-E -]`. SY - SIDE YARD c ,� / - Q4 FY - FRONT YARD � '' RY - REAR YARD V`ly °� r`^11 ______I \ . {` STREET R.O.W. _ FY ,- ‘ STREET R.O.W. Figure 2-5:Measuring Setbacks:and Lot Dimensions-2 Chapter 2:Zoning Regulations ," Page 2-146 (b) Configuration of Lots. Figure 2-6 illustrates the various types of lots that are discussed within this UDC. (1) Flag lots (i.e., lots with. minimal, or panhandle type, frontage) shall not be - permitted in residential districts unless otherwise approved by the ZBA. 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 e Street , - . • fifty feet (50'), and no flag lot shall Corner I Interior I Corner �\ • be permitted ' to have frontage Lot 1 Lot 1 Lot adjacent to the frontage of more Double Frontage 1 than one (1) other flag *lot on the, Through Lot . same street. , T I 'Flag Interior Lot Interior t(2) Double frontage lots in residential N I LDt I Lot y zoning districts shall only be ' permitted if access is limited to one ; Interior street frontage. Corner • Lot Lo Corner ; (c) Building Setbacks. .. • (1) All setbacks established -on a r • Street recorded plat shall be enforced, I 1 r even if such setbacks exceed the required setbacks in this Code. Figure 2-6: Types of Lots (2) Setbacks established on, a - . recorded . plat shall only be STREET NO ACCESS changed through replat FRONT YARD — STANDARD FRONT -� proceedings. YARDS BOTH - FRONTAGES BUILDING LINE FOR (d) Front Yards. `.� • ASPECIFIED REAR YARD Corner Corner Lots: FRONT YARD FRONT YARD a. On all, corner lots, the front , STREET yard setback , shall be Figure 2-7:Front Yards on Double Frontage Lots observed along the frontage of both , intersecting streets, specifically STREET unless approved p y otherwise .. .ti. I {..::_............:..-...............; CORNLINE ER IBEDE YARD ROM YA UNE IDENTIFIED ON on a construction plat.' I 1 '�, I INTERIOR 1 CORNER i TNEFINA;LAT. LOT LOT OTNERWI ETWO (Alsosee (f)(1).) FRONTY RDS SHALL \/1 / / BE OBSER ED b. Where single-family / , and duplex. lots have double frontage FROM -YARDLINE- .L E (frontage that extends 1 from one street "to STREET - Note: another), or are on a Where no alley or other separation exist between adJacem lots,setback corner, a required front along block face shall be consistent (Le,uniform;not staggered). Figure 2-8:Identification of Side and/or Rear Yards Chapter 2:Zoning Regulations Page 2-147 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 shall be identified and the front of the structure shall not face the side or rear yard (Figure 2-8). ZONING DISTRICT BOUNDARY R-1 R-1 R-4 R-4 FRONT YARD STREET Figure 2-9:Frontage Requirements When Zoning District Changes (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). - EAVES i i PROPERTY LINE FOUNDATION r� GRADE 30' i--- MAX Figure 2-10:Measuring the Front Yard in Relation to Encroachments (3) Measuring Front Yards and Encroachments: (See Figure 2-10.) a. The front yard shall be measured from the Measured between property line to the front face of the building, to these two points the nearest supporting member of a covered jF;'nr porch or terrace, or to any attached accessory Yard 101111111% building. Building Line b. Eaves and roof extensions or a porch without Cul-de-sac posts or columns may project into the required Street front yard for.a distance not to exceed four feet (4'). 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 Chapter 2:Zoning Regulations �� ' Page 2-148 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. (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) 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 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. Chapter 2:Zoning Regulations Page 2-149 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. Ord. No. 2000T-5, Section 2.6.1.1., October 22, 2007. Section 2.6.1.2 Special Height Regulations (a) Calculation of Height. (1) For the purposes of calculating the overall height of a structure, slope shall be calculated from the highest point of the building at natural grade to the lowest point of the building at natural grade, or the natural grade of an adjoining road, along a line that is, as close as possible, perpendicular to existing contours. (2) The height shall be measured from the highest parapet or roof ridge to natural grade or finish grade at the lowest point adjacent to the building exterior, whichever yields the greatest height. Chapter 2:Zoning Regulations Page 2-150 (b) Exceptions to Height Regulations. (1) In districts where the height of buildings is restricted to two (2) stories, cooling towers may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. (2) Water stand pipes and tanks, church steeples, domes and spires, ornamental cupolas, City or School District buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit. Division 2—Exterior Building Design Requirements Section 2.6.2.1 Applicability & Requirements (a) Applicability. The standards and criteria contained within this division are deemed to be minimum standards and shall apply to all new, altered or repaired construction of residential and nonresidential buildings within the City that are visible from the applicable thoroughfare, as referenced in Table 2-2, on which the building has frontage. (b) Requirements. The materials used on the exterior facades of all buildings within the City shall conform to the requirements referenced, and in accordance to the appropriate zoning district and roadway classification, in Table 2-2. "Roadway classification" refers to the way in which the applicable roadway is classified on the City's adopted Thoroughfare Plan. Table 2-2 Building Facade References By Roadway Classification &Zoning District ZONING DISTRICTS ROADWAY CLASSIFICATION MF, C-MU, GiO-MU, OP, NS, GB, C, BP- M-1, M-2 288 Thoroughfare (1) (4) Collector (1) (2) (4) Other (1) (2) (3) (2) (3) •Refer to individual zoning district regulations for facade material requirements for the Spectrum district,BP-288 district,OT District,and COD district. (1) Minimum exterior wall standards (facade) shall be one hundred percent (100%) masonry or glass. These standards shall apply to any wall or portion of a wall • visible from the roadway (private or public) or abutting residential zoning districts. a. Existing buildings shall also conform to facade requirements upon a change of occupancy, occupant (if use has been abandoned per Section Chapter 2:Zoning Regulations Page 2-151 2.7.3.6), or expansion exceeding (500) square feet in area of exterior dimensions of a nonresidential or multi-family structure for which a permit is required. b. New and existing structures, including expansions, that are at least two hundred and fifty feet (250') from the specified roadways shall only be required to meet these requirements within Subsection (3) below. The two hundred and fifty foot measurement shall be taken from the curb or the edge of the roadway pavement. c. Subsection (b)(1)b. above shall not apply to the following: ` - 1. Any building that contains a single business and that has a footprint of eighty thousand (80,000) square feet or more. 2. Any building that contains multiple businesses and that has a footprint of eighty thousand (80,000) square feet or more. 3. Multiple buildings and/or multiple businesses on a single site or parcel of land. 4. Any collection of buildings that is classified by the City as a shopping center, business park, or integrated business development and that is not otherwise specified in Subsection 1, 2, or 3 above. d. The Planning and Zoning Commission may make an exception to the requirements of Subsection (b)(1) above for franchise businesses that have an established theme. In order to make such exception, the franchise business cannot have varied from the established theme in any other instance or other city. Such information shall be provided by the City Planning Director and/or the franchise business representative. • e. Other exemptions from (b)(1) for existing structures are provided within Subsection (d)(2) below. (2) Buildings built prior to January 1, 2001 are exempt from the (facade) requirements of this section unless required by the adopted Building Code. (3) Minimum exterior wall standards (facade) shall be a minimum of 24-gauge or heavier architectural panels (wall systems). Corrugated metal is prohibited. a. Within a GC (General Commercial) zoning district and where more than sixty percent (60%) of the existing nonresidential structures along both sides of the same street and lying between the two nearest intersecting streets do not comply with the minimum facade standards, architectural panels (wall systems) shall be insulated panels with a rock or rock-like coating or comply. (4) Unless one of the following exceptions applies, masonry, stucco or EIFS materials shall be required on one hundred percent (100%) of the front façade of any building that faces onto a thoroughfare or collector. Side facades of such buildings shall be a minimum fifty percent (50%) masonry, stucco, or EIFS. a. The building is exempt under (2) above. b. New and existing structures, including expansions, that are at least two hundred and fifty feet (250') from the specified roadways shall only be Chapter 2:Zoning Regulations Page 2-152 required to meet these requirements within (3) above. The two hundred and fifty foot measurement shall be taken from the curb or the edge of the roadway pavement. (c) Materials Permitted. (1) Allowed by Right: For the purpose of this section masonry materials allowed by right are brick, stone brick veneer, custom treated tilt wall, decorative or textured concrete block, and split face block, stucco and EIFS (exterior insulation and finish systems). (2) May Be Allowed by CUP: New technologies not addressed or contemplated by these regulations may also be allowed by CUP, if such materials are consistent with the visual nature and quality of the masonry materials permitted herein. (3) Trim Materials: Architectural metal may be utilized for window and door trim, fascia, or soffit. (d) Exemptions. (1) New and existing structures within industrial zoning districts, M-1 Light Industrial district or the M-2 Heavy Industrial district, located along Mykawa Road between Orange Street and Scott Lane, and between the railroad tracks and Hatfield Road, including the triangular piece bounded by the railroad tracks, McHard Road and Mykawa Road, shall be exempt from any of the façade material requirements herein. (2) Existing Structures: a. Existing structures that would otherwise be required to be brought into T. compliance with this division of the UDC may be exempt from such compliance upon issuance of a CUP. b. The applicant/developer may submit a bond (in an amount agreed upon by the City) or enter into a written agreement (contract) with the City to give the applicant/developer a specific time period of time within which to bring an existing structure into compliance with this division of the UDC. The City Manager or his/her designee shall be the responsible official for approval of such bond or agreement. In no case shall the agreed-upon period of time exceed five (5) years. Ord. No. 2000T-2, Section 2.6.2.1, February 26, 2007. Ord. No. 2000T-4, Section 2.6.2.1., September 24, 2007. Ord. No. 2000T-6, Section 2.6.2.1., November 26, 2007. Ord. No. 2000T-8, Section 2.6.2.1., August 25, 2008. Chapter 2:Zoning Regulations Page 2-153 Article 7- Nonconforming Uses & Structures Division 1 — Intent of Provisions Section 2.7.1.1 Intent& Definition (a) Continuance. Within the districts established by this Code or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Code was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Code to permit such nonconforming uses to continue, as long as the standards within this article are met. (b) Expansions/Enlargements. It is further the intent of this Code that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. (c) Defined. "Nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used, or constructed under current ordinances and zoning. (d) Incompatibility. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved. Division 2— Classification of Nonconformities Section 2.7.2.1 Nonconforming Use Criteria (a) Criteria. Any use that does not conform with the regulations of this Code on the effective date hereof or any amendment hereto shall be deemed a nonconforming use provided that: (1) Such use was in existence under and in compliance with the provisions of the immediately prior Zoning Ordinance; or (2) Such use was a lawful, nonconforming use under the immediately prior Zoning Ordinance; or (3) Such use was in existence at the time of annexation into the City, and was a legal use of the land at such time, and has been in regular and continuous use since such time. (b) Conformance to a Zoning District. Any other use that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Code or any amendment hereto shall be deemed to be in violation of this Code, and the City shall be entitled to enforce fully the terms of this Code with respect to such use. Chapter 2:Zoning Regulations Page 2-154 Section 2.7.2.2 Nonconforming Structure Criteria (a) Criteria. Any structure that does not conform with the regulations of this Code on the effective date hereof or any amendment hereto shall be deemed a nonconforming structure provided that: (1) Such structure was in existence under and in compliance with the provisions of the immediately prior zoning regulations; or (2) Such structure was a lawful, nonconforming structure under the immediately prior zoning regulations; or (3) Such structure was in existence at the time of annexation into the City, and was a legal structure at such time, and has been in regular and continuous use since such time. (b) Conformance to a Zoning.District. Any other structure that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Code or any amendment hereto shall be deemed to be in violation of this Code, and the City shall be entitled to enforce fully the terms of this Code with respect to such structure. Section 2.7.2.3 Nonconforming Lot Criteria (a) Criteria. Any platted lot that does not conform with the regulations of this Code on the effective date hereof or any amendment hereto, except as expressly provided in subsection (c) below, shall be deemed a nonconforming platted lot provided that: (1) Such platted lot was in existence under and in compliance with the provisions of the immediately prior zoning regulations; or (2) Such platted lot was a lawful, nonconforming platted lot under the immediately prior zoning regulations; or (3) Such platted lot was in existence at the time of annexation into the City, and was a legally platted subdivision of the land at such time. (b) Conformance to a Zoning District. Any other platted lot that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Code or any amendment hereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this Code, and the City shall be entitled to enforce fully the terms of this Code with respect to such platted lot. (c) Conforming Platted Lots. The following types of platted lots shall be deemed in conformance with the provisions of this Code, notwithstanding the fact that such lot does not meet the standards of this Code in the district in which it is located: (1) Any vacant lot that conformed to the City's zoning district regulations at the time that it was platted; or (2) Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located. (d) Use of a Platted Lot. Nothing in this Code shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the Zoning District in which it is. Chapter 2:Zoning Regulations Page 2-155 located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Code. Division 3—Regulation of Nonconformities ✓ Section 2.7.3.1 Continuance of Nonconformities (a) Criteria. (1) The lawful use of any building, structure, sign or land in accordance with the terms of the zoning regulations by which the use was established, or in the case of annexed property, in accordance with the regulations under which the use was created may be continued. (2) Abatement of such use or structure within a given period of time may be required by the City, provided, however, the right to continue such nonconforming use or use of such structure shall be subject to regulations prohibiting nuisances and shall be terminated when such use or structure constitutes a nuisance. (3) Such nonconforming use or structure shall be subject to such reasonable regulations as the Zoning Board of Adjustment (ZBA) may require to protect adjacent property and shall be subject to the specific nonconforming use or structure regulations herein contained. (4) A nonconforming structure occupied by a nonconforming use may be re- occupied by a conforming use, following abandonment of the nonconforming use. Section 2.7.3.2 Expansion of Nonconformities t" (a) Criteria. A nonconforming use may be extended throughout the structure in which it is located, provided that: (1) The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; (2) No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and (3) The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming. (b) Use Expansion Outside of Structure. A non-conforming use occupying a structure shall not be extended to occupy land outside the structure. (c) Use or Structure Expansion. A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Code. Chapter 2:Zoning Regulations Page 2-156 Section 2.7.3.3 Repairs &Alterations (a) Moving a Nonconforming Structure. No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. (b) Right to Repair Maintained. Nothing in this article shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure's appraised value, as determined by the applicable County Appraisal District. (Refer to Section 2.7.3.4(c)for replacement cost explanation.) (1) Structural Alterations Allowed If Changed to Conforming Use: No structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use, and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. (c) Substandard Nonconforming Structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance when the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure on the date that the Enforcing Officer determines that such structure is substandard. (Refer to Section 2.7.3.4(c) for replacement cost explanation.) Section 2.7.3.4 Reconstruction Following Damage or Destruction (a) Structure Totally Destroyed. If a nonconforming structure or a structure occupied by a nonconforming use is totally destroyed by fire or the elements, such structure may not be reconstructed or rebuilt except in conformance with provisions herein. (b) Structure Partially Destroyed. (1) In the case of partial destruction of a nonconforming structure or a structure occupied by a nonconforming use where not more than fifty percent (50%) of the structure's current replacement value is destroyed, the Enforcing Officer shall issue a permit for reconstruction. (2) In the case of partial destruction of a nonconforming structure or a structure occupied by a nonconforming use where more than fifty percent (50%) but less than one hundred percent (100%) of the structure's current replacement value is destroyed, the Board of Adjustment (ZBA) may grant a permit for repair (but not for enlargement) of such structure. (3) Repair shall be completed within one year (365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Planning Director. Chapter 2:Zoning Regulations Page 2-157 (c) Replacement Cost. In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than _ the nonconforming structure itself including foundation: r Section 2.7.3.5 Substitution of Nonconforming Uses (a) Changing to Another Nonconforming Use. A nonconforming use shall not be changed to another nonconforming use except as permitted by the Zoning Board of Adjustment (ZBA). (b) Changing to a Conforming Use. (1) A nonconforming use maybe changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use. (2) A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.- Section 2.7.3.6 Abandonment (a) Considered Abandoned. A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when: (1) It has been replaced with a conforming use; or (2) Such building or structure-is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period; or (3) In the case of a temporary use, the use is moved from the premises for any length of time. (b) Future Use After Abandonment. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Code, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied. 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. Chapter 2:Zoning Regulations Page 2-158 (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) Change from one nonconforming use to another, 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; 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: Chapter 2:Zoning Regulations Page 2-159 a. Both lots or tracts are under the same ownership; or b. It can be established that two or more uses, applying jointly and ' 4 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 sewed 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 construction of a new structure or expansion of the floor area of an existing structure upon property that is nonconforming in any way, unless the use on the property is inconsistent with the property's zoning classification. This may be done without bringing the entire property and all structures located on it into full compliance with this code, subject to the following conditions, and any others that the ZBA may deem necessary and reasonable to impose: a. landscaping 1. quantity or type—full compliance for entire property 2. location or buffers — compliance for new construction and/or, entire f property as may be required by the ZBA as a condition of the special exception 3. lot percentage — compliance for new construction and/or entire c property as may be required by the ZBA as a condition of the special exception b. screening/fencing 1. screening (of dumpsters, loading areas, equipment, etc.) — full compliance for entire property Chapter 2:Zoning Regulations Page 2-160 2. fencing or screening of property/use — compliance for new construction and/or entire property as may be required by the ZBA as a condition of the special exception 3. buffers.—same as landscaping buffers, above c. façade (including building articulation, transparency of building materials, and building color palette) — compliance for new construction and/or entire property as may be required by the ZBA as a condition of the special exception d. setback/lot coverage — full compliance for new construction,. except that the ZBA may allow as a condition of the special exception for expansion of an existing building where said expansion would encroach into a required setback (other than the front setback) in which the existing building already encroaches, so long as the resulting setback is not less than the existing building's setback or ten feet (10'), whichever is greater e. sidewalks—full compliance for entire property f. parking — full compliance for new construction, additional compliance for entire property as may be required by the ZBA as a condition of the special exception (8) 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; c. Façade requirements - As required within the applicable zoning district (Chapter 2) and/or in Chapter 2, Article 6, Division 2. (9) 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. Ord. No. 2000T-4, Section 2.7.3.7., September 24, 2007. Ord. No. 2000T-6, section 2.7.3.7., November 26, 2007. Section 2.7.3.8 Nonconformities Specifically Related to the Old Townsite (OT) Zoning District Chapter 2:Zoning Regulations Page 2-161 • • (a) Other Sections Apply. All other sections of this Chapter 2, Article 7 shall apply within the Old Townsite (OT) District except as otherwise specified within this Section 2.7.3.8. (b) Nonconforming Structures.' (1) Nonconforming structures shall be permitted to remain in a nonconforming status when there is a change of use within the structure. (2) Nonconforming structures shall be brought into conformance with the requirements of the OT district when such structures undergo an exterior alteration and/or enlargement to an extent that a building permit is required for such alteration and/or enlargement. . • • • • • Chapter 2:Zoning Regulations Page 2-162 7 • UNIFIED DEVELOPMENT CODE • CHAPTER 3 • SUBDIVISION REGULATIONS 1 1 Chapter 3:Subdivision Regulations Page 3-1 Chapter 3: Subdivision Regulations f_. Chapter Table of Contents Article 1 — Subdivision Procedures 3-6 Division 1 — Provisions Applicable to All Platting Procedures 3-6 Section 3.1.1.1 Authority, Purpose & Applicability 3-6 Section 3.1.1.2 Types of Plats Required 3-8 Section 3.1.1.3 Exemptions 3-8 Section 3.1.1.4 Time for Decision 3-9 Section 3.1.1.5 Stages of Plat Approval 3-10 Section 3.1.1.6 General Relief Procedures 3-10 Section 3.1.1.7 Certifications 3-11 Division 2 — Master Plats 3-11 Section 3.1.2.1 Purpose, Applicability, and Effect 3-11 Section 3.1.2.2 Application Requirements 3-12 Section 3.1.2.3, Decision 3-13 Section 3.1.2.4 Criteria for Approval 3-13 Section 3.1.2.5 Expiration and Extension 3-13 Section 3.1.2.6 Remainder Tracts 3-14 Division 3: Preliminary Subdivision Plats 3-14 Section 3.1.3.1 Purpose, Exceptions and Effect 3-14 Section 3.1.3.2 Application Requirements 3-15 Section 3.1.3.3 Decision 3-15 Section 3.1.3.4 Criteria for Approval 3-15 Section 3.1.3.5 Expiration and Extension 3-16 Section 3.1.3.6 Revisions Following Approval of Preliminary Subdivision Plat 3-16 Division 4: Preliminary Development Plats 3-16 Section 3.1.4.1 Purpose and Effect 3-16 Section 3.1.4.2 Application Requirements 3-17 Section 3.1.4.3 Decision 3-17 Section 3.1.4.4 Criteria for Approval 3-17 Section 3.1.4.5 Expiration and Extension 3-18 Section 3.1.4.6 Revisions Following Approval of Preliminary Development Plat 3-18 Division 5: Final Subdivision Plats and Final Development Plats 3-19 Section 3.1.5.1 Purpose, Applicability, Exceptions and Effect 3-19 Section 3.1.5.2 Application Requirements 3-19 Section 3.1.5.3 Decision 3-20 Section 3.1.5.4 Criteria for Approval 3-20 Chapter 3:Subdivision Regulations Page 3-2 Section 3.1.5.5 Revisions to Final Subdivision Plat or Final Development Plat 3-21 Section 3.1.5.6 Expiration and Extension 3-21 Section 3.1.5.7 Plat Recordation 3-22 Division 6 - Minor Subdivision Plats 3-23 Section 3.1.6.1 Purpose, Applicability and Effect 3-23 Section 3.1.6.2 Application Requirements 3-23 Section 3.1.6.3 Decision 3-23 Section 3.1.6.4 Appeals 3-24 Section 3.1.6.5 Criteria for Approval 3-24 Section 3.1.6.6 Expiration 3-24 Section 3.1.6.7 Recordation 3-24 Division 7 - Revisions to Recorded Plats 3-25 Section 3.1.7.1 General Requirements for Plat Revisions 3-25 Section 3.1.7.2 Replats Without Vacation 3-25 Section 3.1.7.3 Special Replat Requirements 3-26 Section 3.1.7.4 Amending Plats 3-26 Section 3.1.7.5 Plat Vacation 3-28 Division 8 - Construction Management 3-29 Section 3.1.8.1 Construction Plans 3-29 Section 3.1.8.2 Timing of Public Improvements 3-30 Section 3.1.8.3 Subdivision Improvement Agreement 3-31 Section 3.1.8.4 Security for Completion of Improvements 3-32 Section 3.1.8.5 Inspection and Acceptance of Public Improvements 3-33 Section 3.1.8.6 Maintenance and Warranty of Improvements 3-34 Article 2— Subdivision Standards ' 3-34 Division 1 —Adequate Public Facilities 3-34 Section 3.2.1.1 General Policy 3-34 Section 3.2.1.2 Conformance to Plans 3-36 Section 3.2.1.3 Water 3-36 Section 3.2.1.4 Wastewater 3-36 Section 3.2.1.5 Roads 3-36 Section 3.2.1.6 Drainage 3-37 Section 3.2.1.7 Other Facilities 3-37 Section 3.2.1.8 City Options 3-37 Division 2 — Dedication & Construction Requirements & City Participation 3-37 Section 3.2.2.1 Findings on Necessity for Right-of-Way Dedication and Construction as a Condition of Development Approval 3-37 Section 3.2.2.2 Property Owner's Obligation 3-38 Section 3.2.2.3 Timing of Dedication and Construction 3-39 Section 3.2.2.4 Relief From Obligations 3-39 Section 3.2.2.5 Utility Participation Policies 3-39 Chapter 3:Subdivision Regulations Page 3-3 Section 3.2.2.6 Roadway Participation Policies - Improvement of Adjacent (Perimeter) Roads and Utilities 3-40 Division 3 - Interlocal Agreements 3-40 Section 3.2.3.1 Interlocal Cooperation Agreements Between Pearland and Brazoria County 3-40 Division 4 -Water 3-41 Section 3.2.4.1 The City System 3-41 Section 3.2.4.2 Location; Performance Guarantees 3-41 Section 3.2.4.3 Individual Wells 3-42 Section 3.2.4.4 Central Water Systems 3-42 Section 3.2.4.5 Water Taps 3-43 Division 5 -Wastewater 3-43 Section 3.2.5.1 The City System 3-43 Section 3.2.5.2 Centralized Wastewater System; Connection to Existing System 3-43 Section 3.2.5.3 Location; Performance Guarantees 3-43 ; Section 3.2.5.4 Wastewater Taps 3-43 Section 3.2.5.5 On-Site Sewage Facilities 3-44 Division 6 - Roadways 3-44 Section 3.2.6.1 Conformance With Regulations and Circulation and Safety Needs 3-44 Section 3.2.6.2 Adequacy of Streets and Thoroughfares 3-44 ,_ Section 3.2.6.3 Escrow Policies and Procedures 3-47 Section 3.2.6.4 Specific Street Standards 3-49 Division 7 - Driveways 3-53 Section 3.2.7.1 Reference 3-53 Division 8 — Traffic Impact Analysis 3-54 Section 3.2.8.1 Reference 3-54 Division 9 - Drainage 3-54 Section 3.2.9.1 Reference 3-54 Division 10 —Parks & Open Space 3-54 Section 3.2.10.1 Parkland Dedication & Fees 3-54 Division 11 — Sidewalks &Alleys 3-59 Section 3.2.11.1 Sidewalks 3-59 Section 3.2.11.2 Alleys 3-60 Division 12 — Fire Lanes & Fire Department Access 3-61 Section 3.2.12.1 Reference 3-61 Division 13 — Easements 3-61 Section 3.2.13.1 General 3-61 Section 3.2.13.2 Utility Easements 3-62 Chapter 3:Subdivision Regulations Page 3-4 • Section 3.2.13.3 Drainage Easements 3-63 Section 3.2.13.4 Lot Area 3-63 Division 14 — Lot Design & Improvement Standards 3-63 Section 3.2.14.1 Blocks - Determination and Regulation of Size 3-63 Section 3.2.14.2 Lots - Determination and Regulation of Size 3-64 Section 3.2.14.3 Monuments & Markers 3-66 , r•. Chapter 3:Subdivision Regulations Page 3-5 Article 1 - Subdivision Procedures Division 9 —'Provisions Applicable to All Platting Procedures 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 land 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; Chapter 3:Subdivision Regulations Page 3-6 i. Provide for pedestrian circulation that is appropriate for the various uses of land and buildings; 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; 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. (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 Chapter 3:Subdivision Regulations Page 3-7 to applications for plat approval inside City limits and within the City's extraterritorial jurisdiction. • Ord. No. 2000T-2, Section 3.1.1.1., February 26, 2007. Section 3.1.1.2 Types of Plats Required (a) Subdivision Plats. A Final Subdivision Plat or a Minor Subdivision Plat shall be approved prior to any non-exempt land division. (b) Development Plats. A Final Development Plat shall be approved prior to development of any tract or parcel for which no subdivision plat is required, or prior to development of any lot in a subdivision for which dedication of any right-of-way for construction or maintenance of public improvements is required by this Unified Development Code. A development plat shall be required prior to approval of a manufactured home rental community, or to proposed non-residential development within the City's extraterritorial jurisdiction. Section 3.1.1.3 Exemptions (a) Subdivision Plat Exemptions. The following land divisions are exempt from the requirements of this article that apply to subdivision plats: (1) Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended; (2) Use of existing cemeteries complying with all State and local laws and regulations; (3) A division of land created by order of a court of competent jurisdiction; and (4) A division of land that results in the creation of two or more parcels, each of which is greater than five (5) acres inside the City limits, or each of which is greater than ten (10) acres within the City's extraterritorial jurisdiction for areas subject to an interlocal agreement between the City and the County, when each parcel has direct access to an existing public street, and no dedication of public facilities is required under this Unified Development Code in connection with the division. (b) Development Plat Exemptions. The following development activities are exempt from the requirements of this article that apply to development plats: (1) Any development activity associated with a subdivision plat that conforms to = the subdivision requirements set forth,in this chapter; (2) Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended; (3) Use of existing cemeteries complying with all State and local laws and regulations; (4) Bona fide agricultural activities; Chapter 3:Subdivision Regulations Page 3-8 (5) Construction of agricultural accessory structures and related development activities; and (6) Construction of a single-family dwelling and related accessory structures and development activities on a lot for which a final or minor subdivision plat has been approved. Ord. No. 2000T-2, Section 3.1.1.3., February 26, 2007. Ord. No. 2000T-3, Section 3.1.1.3., July 9, 2007. Section 3.1.1.4 Time for Decision (a) Time Period for Action. All plat applications shall be acted upon within thirty (30) days from the official filing date unless a waiver is submitted in accordance with Subsection (b) below. (b) Waiver Requests. An applicant may request in writing a waiver of the decision time. Such waiver when granted shall operate to postpone the official filing date of the plat by the number of days for which the waiver is granted. The waiver request shall contain a statement of the reasons for the waiver and the time for which a waiver is sought. No waiver shall be granted for a period less than the number of days until the Commission's next regularly scheduled meeting nor longer than forty (40) days. Waiver requests must be received by the responsible official on or before the seventh (7th) calendar day prior to the Planning and Zoning Commission meeting at which action is to be taken on the plat application. Waiver requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the plat application at such meeting as scheduled. Only one (1)waiver may be granted per plat. (c) Action on the Waiver Request. The decision-maker shall take action on the waiver request within the thirty-day (30-day) period for acting on the plat. Where the Planning and Zoning Commission is the decision-maker, action on the waiver request shall be taken at the meeting at which the plat is scheduled for decision. If the waiver is granted, action on the plat application shall be tabled for a time certain consistent with the approved waiver. (d) Final Plat Application for Extraterritorial Jurisdiction. Where the land to be platted lies within the extraterritorial jurisdiction of the City in a county with which the City has an interlocal agreement under Texas Local Government Code, Chapter 242, or where the property lies within the Brazoria Drainage District No. 4, or within the Harris County Flood Control District, no final plat application shall be accepted as complete for filing by the responsible official unless the application is accompanied by verification that a copy of the final plat has been delivered to the applicable county or the applicable drainage district in which the land subject to the application is located. If the City has not received a decision from the applicable county or drainage district on matters pertaining to the final plat application which are to be determined by the applicable county under the interlocal agreement or drainage district rules, the application for final plat approval shall be accepted for filing by the Chapter 3:Subdivision Regulations Page 3-9 City, but shall be denied approval, unless a waiver is submitted in accordance with subsection (b) above. Ord. No. 2000T-2, Section 3.1.1.4., February 26, 2007. Section 3.1.1.5 Stages of Plat Approval (a) Subdivision Plats. A subdivision plat may be approved in three stages: (1) Master Plat; (2) Preliminary Subdivision Plat; and (3) Final Subdivision Plat. (b)1 Development Plats. A development plat may be approved in two stages: (1) Preliminary Development Plat; and (2) Final Development Plat. (c) Combined Applications. The following combined applications prohibited. (1) An applicant may not submit applications for approval of a. Preliminary Subdivision Plat and a Final Subdivision Plat simultaneously. - (2) An applicant' may not submit applications for approval of a Preliminary Development Plat and a Final Development Plat simultaneously. (d) City Staff Review Required. City staff shall review -all plat applications in conformance with a checklist that is based on application forms and related requirements supplied by the Planning Department. City staff shall then accept or reject the plat applications. Plat applications that are deemed to be complete shall be accepted and forwarded to the appropriate body, as outlined in this UDC. Section 3.1.1.6 General Relief Procedures (a) Appeals. A decision of a responsible official on a plat application shall be appealed to the Planning and Zoning Commission, as further 'provided under the specific procedure. (b) Waivers. An applicant may file a waiver petition with an application for plat approval. The waiver shall be decided by the Planning and Zoning Commission in accordance with Article 3, Division 4 of Chapter 1. (c) Vested Rights Petition. An applicant may file a vested rights petition with an application for plat approval. The vested rights petition shall be decided by the Planning and Zoning Commission, subject to appeal to the City Council, in accordance with Article 3, Division 3 of Chapter 1. - (d) Relief Where No Preliminary Subdivision Plat Application Is Filed. If an applicant files an application for Final Subdivision Plat or Final Development Plat approval without first having received approval of a Preliminary Subdivision Plat or Chapter 3:Subdivision Regulations Page 3-10 Preliminary Development Plat application, the applicant may submit a waiver petition with the Final Plat application. (e) Relief from Dedication or Construction Requirement. An applicant may file a petition for relief from a dedication or construction requirement. The petition shall be decided by the City Council, in accordance with Article 3, Division 2 of Chapter 1. Section 3.1.1.7 Certifications (a) Reasons for Denial. A written summary of the reasons for denial of a plat application shall be provided by the responsible official to the applicant upon written request by the applicant. For purposes of this section, conditional approval of a plat application shall not be considered a denial. (b) Exemption Determination. The responsible official, upon written application of a property owner, a utility provider, or the City Council, shall certify in writing whether a plat is required under this Article or whether an exemption under Section 3.1.1.3 applies to a proposed development. The responsible official shall notify the petitioner of the determination within twenty (20) days of the date the petition is received, or within ten (10) days of the date of the decision, whichever is earlier, in the manner provided in Article 2, Division 1 of Chapter 1. The petitioner may appeal the responsible official's decision in the manner provided in Article 3, Division 1 of Chapter 1. (c) Certification of Action on Plat. If a utility provider or the City Council requests the status of a plat for the land, the responsible official shall certify whether a plat has been prepared and any action taken on the plat in the manner and within the time periods listed in Subsection (b) above. Division 2— Master Plats Section 3.1.2.1 Purpose, Applicability, and Effect (a) Purpose. The purpose of a Master Plat shall be to delineate the sequence and timing of development within a proposed subdivision, where the tract to be developed is part of a larger parcel of land owned or controlled by the applicant, in order to determine compliance with the City's Comprehensive Plan and the availability and capacity of public improvements needed for the subdivision and the larger parcel. (b) Applicability. (1) A Master Plat shall be required for any division of land where proposed development of the tract is to occur in phases. A Master Plat may not be accepted for filing if the land subject to the plat exceeds three hundred (300) acres for single-family residential developments, or one hundred (100) acres for other types of developments. Non-residential and residential mixed-use developments shall not exceed four hundred (400) total acres. Phasing for the Master Plat shall not exceed a time period of ten (10) years. The applicant shall submit a schedule showing the proposed phasing of development that Chapter 3:Subdivision Regulations Page 3-11 } shall be approved along with the Master Plat. If the land subject to the Master Plat is part of a larger parcel, the remaining land shall be shown as a remainder tract, but shall not be included within the Master Plat. (2) Not more than one (1) Master Plat at a time shall be submitted for a phased development. A previously submitted Master Plat and related Preliminary Subdivision Plat or Preliminary Development Plat shall be approved prior to any subsequent Master Plat application for a phased development. (3) A Master Plat also shall be required for land in a Planned Development (PD) • zoning district or as part of a development agreement, and in either case, the applicable amount of land may exceed the size limitations set forth in Subsection (b)(1) above. (c) Effect. (1) Approval of a Master Plat authorizes the subdivider to submit a Preliminary Subdivision Plat or Preliminary Development Plat application for each phase of development shown on the plat, subject to the schedule of development approved for the land. (2) Once a Master Plat has been approved, all plats approved thereafter for the same land shall be consistent with the Master Plat for so long as the Master Plat remains in effect. Minor variations between the Master Plat and the subsequent plat application(s) shall be permitted; however, in no case shall minor variations be deemed to include any increase in the residential density, number of units, building coverage or square footage, and/or impervious cover of the proposed development. Section 3.1.2.2 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. (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 Chapter 3:Subdivision Regulations Page 3-12 the first phase of the project, provided that the application for Master Plat shall be decided first. Section 3.1.2.3 Decision . (a) The Planning and Zoning Commission shall decide whether to approve, approve with conditions or deny the Master Plat application. The conditions may relate to, among other matters, compliance with the City's Comprehensive Plan, and the availability and capacity of public improvements. • Section 3.1.2.4 Criteria for Approval (a) Factors. The following criteria shall be used to determine whether an application for a Master Plat shall be approved, approved with conditions, or denied: (1) The Master Plat is consistent with all zoning requirements for the property, and any approved development agreement; (2) The proposed provision and configuration of roads, water, wastewater, drainage and park facilities are adequate to serve each phase of the subdivision and generally meets the standards of this Chapter 3; (3) The schedule of development is feasible and prudent, and assures that the proposed development will progress to completion within the time limits proposed; and (4) If the land lies within a Planned Development (PD) zoning district or is subject to a Cluster Development Plan, the proposed Master Plat conforms to the PD or and is consistent with the incorporated Design Plan, or is consistent with the approved Cluster Development Plan; (5) The location, size and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plat; (6) Where the proposed, development is located in whole or in part in the extraterritorial jurisdiction of the City and is subject to an interlocal agreement under Texas Local Government Code, Chapter 242, or is located within a drainage district, the proposed Master Plat meets any county or drainage district standards to be applied under the agreement or district rules. (7) The Master Plat is consistent with the adopted Comprehensive Plan, except where application of the Plan conflicts with state law. (b) Conditions. In addition to any other conditions required to conform the plat to the standards of this Unified Development Code, the Planning and Zoning Commission may condition approval on exclusion of land from the Master Plat or adjustments in the proposed sequence or timing in the proposed phases of the development. Section 3.1.2.5 Expiration and Extension (a) Time of Expiration. Expiration of the Master Plat shall be five (5) years from the date a complete application is officially filed, unless otherwise governed by the Chapter 3:Subdivision Regulations Page 3-13 schedule of development approved by the Planning and Zoning Commission. The subdivider shall submit and receive approval for a Preliminary Subdivision Plat or Preliminary Development Plat, where applicable, for the first and all subsequent phases of the Master Plat within the time limits prescribed in the approved phasing schedule. Failure to meet a platting deadline included in the phasing schedule shall result in the expiration of the Master Plat for that and all subsequent phases of the subdivision. Expiration of the Preliminary Subdivision Plat, Preliminary Development Plat, Final Subdivision Plat, or Final Development Plat for any phase of the.Master Plat shall result in the expiration of the Master Plat for all phases for which any type of preliminary plat has not been approved. (b) Extension. The expiration date for any phase of the development may be extended by the Planning and Zoning Commission under Chapter 1, Article 2, Division 5. Extension of the expiration date for the phase extends the expiration date for the Master Plat for a like period. A Master Plat is not subject to reinstatement following expiration. Section 3.1.2.6 Remainder Tracts i (a) Definition. A remainder tract is that portion of a larger parcel that is not included within the boundaries of a subdivision plat. Remainder tracts shall not be considered lots or tracts of the subdivision. Approval of a subdivision plat shall not constitute approval of development on a remainder tract. (b) Information accompanying a subdivision plat application for remainder tracts shall be deemed to be an aid to the Planning and Zoning Commission in taking action on the plat application and may be used to determine whether development of the land subject to the plat will be adequately served by public facilities and services and is otherwise in compliance with this Unified Development Code, taking into account the development of the property as a whole. Information concerning remainder tracts, including topography, drainage, and existing and planned public improvements, may be considered in formulating conditions to approve the plat application. Based upon such information, the Planning and Zoning Commission may require that additional or less land be included in the subdivision plat in order to satisfy the standards applicable to the plat application. Division 3: Preliminary Subdivision Plats Section 3.1.3.1 Purpose, Exceptions and Effect (a) Purpose. The purpose of a Preliminary Subdivision Plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this Unified Development Code. (b) Exceptions. A Preliminary Subdivision Plat is not required when a Minor Subdivision Plat is submitted (Chapter 3, Article 1, Division 6). Chapter 3:Subdivision Regulations Page 3-14 (c) Effect. Approval of a Preliminary Subdivision Plat shall authorize the subdivider to submit construction plans for approval by the City Engineer under Division 8 of Article 1 of this Chapter and, upon approval of such plans, to construct public improvements to serve the subdivision in accordance therewith. Approval of a Preliminary Subdivision Plat also shall authorize the subdivider to seek approval of a Final Subdivision Plat for the land subject to the Preliminary Subdivision Plat. Section 3.1.3.2 Application Requirements (a) Responsible Official. The Planning Director shall be the responsible official for a Preliminary Subdivision Plat. (b) Application Contents. All applications shall be submitted on a form supplied by the Planning Department with the required information as stated on the application form. (c) Accompanying Applications. An application for a Preliminary Subdivision 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 or a Master Plat application. The rezoning application, the Cluster Development Plan and Master Plat application shall be decided first. The applicant must execute a waiver of the time period required for Preliminary Subdivision Plat approval. Section 3.1.3.3 Decision (a) The Planning and Zoning Commission shall decide whether to approve, approve with conditions or deny the Preliminary Subdivision Plat application. The action of the Commission shall be noted on two copies of the Preliminary Subdivision Plat, referenced and attached to any conditions determined. One copy shall be returned to the applicant and the other retained in the City's files. A notation of the action taken on each Preliminary Subdivision Plat application and the reasons for the action shall be entered in the minutes of the Commission. Section 11.3.4 Criteria for Approval (a) The following criteria shall be used to determine whether the application for a Preliminary Subdivision Plat shall be approved, approved with conditions, or denied: (1) The plat is consistent with all zoning requirements for the property, and any approved development agreement; (2) The plat conforms to the general layout of the approved Master Plat (with minor variations as described in Section3.1.2.1), if any, and is consistent with the phasing plan approved therein; (3) The proposed provision and configuration of roads, water, wastewater, drainage and park facilities conform to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other municipal master facilities plans; Chapter 3:Subdivision Regulations Page 3-15 (4) The proposed provision and configuration of roads, water, wastewater, ` drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision and meet applicable standards of this Chapter; (5) The plat meets any county standards to be applied under an interlocal agreement between the City and a county under Texas Local Government Code, Chapter 242, where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the City and in the county, or drainage district rules, where the land is located in whole or in part within a drainage district; and (6) The plat conforms to design requirements and construction standards as set forth in the Engineering Standards Technical Manual. (7) The plat is consistent with the adopted Comprehensive Plan, except where application of the Plan conflicts with state law. Section 3.1.3.5 Expiration and Extension (a) The approval of a Preliminary Subdivision Plat application shall remain in effect for a period of two (2) years from the date a complete application was officially submitted to the City, during which period the applicant shall submit and receive approval for a Final Subdivision Plat for the land subject to the Preliminary Subdivision Plat. If a Final Subdivision Plat application has not been approved within the two(2)-year period, the Preliminary Subdivision Plat application, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the plat shall be null and void. Section 3.1.3.6 Revisions Following Approval of Preliminary Subdivision Plat (a) Minor Changes. Minor changes in the design of the subdivision subject to a Preliminary Subdivision Plat may be incorporated in an application for approval of a Final Subdivision Plat without the necessity of filing a new application for approval of a Preliminary Subdivision Plat. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. (b) Amendments. All other proposed changes to the design of the subdivision subject to an approved Preliminary Subdivision Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Subdivision Plat before approval of a Final Subdivision Plat. Approval of major revisions to an approved Preliminary Subdivision Plat shall occur prior to the date any approved Master Plat would have expired for the same land. Division 4: Preliminary Development Plats Section 3.1.4.1 Purpose and Effect (a) Purpose. The purpose of the Preliminary Development Plat is to assure the adequacy of public facilities needed to serve the intended development and the Chapter 3:Subdivision Regulations Page 3-16 overall compliance of such development with applicable requirements of this Unified Development Code. (b) Exceptions. A Preliminary Development Plat is not required when a Minor Subdivision Plat is submitted (Chapter 3, Article 1, Division 6). (c) Effect. Approval of a Preliminary Development Plat shall authorize the applicant to submit construction plans for approval by the City Engineer under Division 8 of this Article. Approval of a Preliminary Development Plat also shall authorize the applicant to seek approval of a Final Development Plat for the land subject to the Preliminary Development Plat. The installation of public improvements on the land subject to the development plat, however, may not begin prior to approval of a Site Preparation Permit(Chapter 4, Article 1, Division 2)for the land. Section 3.1.4.2 Application Requirements (a) Responsible Official. The. Planning Director shall be the responsible official for a Preliminary Development Plat. (b) Application Contents. All applications shall be submitted on a form supplied by the Planning Department with the required information as stated on the application form. (c) Accompanying Applications. An application for a Preliminary Development 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 or a Master Plat application. The rezoning application, the Cluster Development Plan and Master Plat application shall be decided first. The applicant must execute a waiver of the time period required for-Preliminary Development Plat approval. Section 3.1.4.3 Decision (a) The Planning and Zoning Commission shall decide whether to approve, approve with conditions, or deny the Preliminary Development Plat application. The action of the Commission shall be noted on two copies of the Preliminary Development Plat, referenced and attached to any conditions determined. One copy shall be returned to the applicant and the other retained in the City's files. A notation of the action taken on each Preliminary Development Plat application and the reasons for the action shall be entered in the minutes of the Commission. Section 3.1.4.4 Criteria for Approval (a) The following criteria shall be used to determine whether the application for a Preliminary Development Plat shall be approved, approved with conditions, or denied: (1) The Preliminary Development Plat is consistent with all zoning requirements for the property, and any approved development agreement; (2) The plat conforms to the general layout of the approved Master Plat, if any, and is consistent with the phasing plan approved therein; Chapter 3:Subdivision Regulations Page 3-17 (3) The proposed provision and configuration of roads, water, wastewater, drainage and park facilities to serve the development site conform to the master facilities plans for such facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans; (4) The proposed provision and configuration of roads, water, wastewater, drainage and park facilities are adequate to serve the development and meet the standards of this Chapter; (5) Easements or rights-of-way for all public water, sanitary sewer, roadway and drainage facilities have been designated; (6) Fire lanes access easements or street rights-of-way have been provided for access to all fire hydrants and fire department connections; . (7) Easements have been designated for all landscaped buffers and open space; (8) The ownership, maintenance, and allowed uses of all designated easements have been stated on the plat. (9) The plat meets any county standards to be applied under an interlocal agreement between the City and a county under Texas Local Government Code, Chapter 242, where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the City and in the county, or drainage district rules, where the land is located in whole or in part within a drainage district; and, (10)The plat is consistent with the adopted Comprehensive Plan, except where application of the Plan conflicts with state law. Section 3.1.4.5 Expiration and Extension (a) The approval of a Preliminary Development Plat application shall remain in effect for a period of two (2) years from the date a complete application was officially submitted to the City, during which period the applicant shall submit and receive approval for a Final Development Plat for the land subject to the Preliminary Development Plat. If a Final Development Plat application has not been approved within the two(2)-year period, the Preliminary Development Plat approval, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the plat shall be null and void. Section 3.1.4.6 Revisions Following Approval of Preliminary Development Plat (a) Minor Changes. Minor changes in the design of the development subject to a ' Preliminary Development Plat may be incorporated in an application for approval of a Final Development Plat without the necessity of filing a new application for approval of a Preliminary Development Plat. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, provided that such changes are consistent with any approved prior applications. Chapter 3:Subdivision Regulations 4' Page 3-18 (b) Amendments. All other proposed changes to the design of the development subject to a Preliminary Development Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Development Plat before approval of a Final Development Plat. Division 5: Final Subdivision Plats and Final Development Plats Section 3.1.5.1 Purpose, Applicability, Exceptions and Effect (a) Purpose. The purpose of a Final Subdivision Plat or a Final Development Plat is to assure that the division or development of the land subject to the plat is consistent with all standards of this Unified Development Code pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this Unified Development Code to enable initiation of site preparation activities for any lot or tract subject to the plat. (b) Applicability. A Final Subdivision Plat or Final Development Plat application under this division shall be required for any land division except those that may be approved through the Minor Subdivision Plat procedures of Division 6 of this Article. (c) Effect. Approval of a Final Subdivision Plat is authorized only upon acceptance of public improvements or posting of security, and authorizes the subdivider to install any improvements in public rights-of-way under approved construction plans and a subdivision improvement agreement, and to submit an application for a Site Preparation Permit for any lot in the subdivision. Ord. No. 2000T-2, Section 3.1.5.1., February 26, 2007. • Section 3.1.5.2 Application Requirements (a) Responsible Official. The Planning Director shall be the responsible official for a Final Subdivision Plat or a Final Development Plat. (b) Application Contents. All applications shall be submitted on a form supplied by the Planning Department with the required information as stated on the application form. (c) Consent of Lienholders. The applicant shall furnish with the application to the City a current title commitment issued by a title insurance company authorized to do business in Texas policy, or a title opinion letter from an attorney licensed to practice in Texas, identifying all persons having an interest in the property subject to the plat, including lienholders. The Final Subdivision Plat or a Final Development Plat shall be acknowledged by all owners of any interest in the land, including leinholders. Said acknowledgement may be signed on the face of the plat in plain view by each lienholder, or it may be filed with the plat as a separate instrument bearing the notarized signatures of all leinholders, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be Chapter 3: Subdivision Regulations Page 3-19 contained in the plat. Such lienholder consent shall be subject to review and approval by the City Attorney. Ord. No. 2000T-2, Section 3.1.5.2., February 26, 2007. Section 3.1.5.3 Decision (a) Decision. The Planning and Zoning Commission shall decide whether to approve, approve with conditions, or deny the Final Subdivision Plat or Final Development Plat application. (b) Certification. A notation of the action taken on each Final Subdivision Plat or Final Development Plat application and the reasons therefore shall be entered in the '-. minutes of the Planning and Zoning Commission. The Director's notification to the applicant under Article 2, Division 2 of Chapter 1 following approval of a Final Subdivision Plat or Final Development Plat shall constitute certification that the plat has been approved by the Commission. Section 3.1.5.4 Criteria for Approval (a) The following criteria shall be used to determine whether the application for a Final Subdivision Plat or a Final Development Plat shall be approved, approved with conditions or denied: = (1) Prior Approved Preliminary Subdivision Plat or Preliminary Development Plat: =. a. The Final Subdivision Plat or Final Development Plat, conforms to the approved Preliminary Subdivision Plat or Preliminary Development Plat, as applicable, except for minor changes authorized under divisions 3 or 4 of this Article and that may be approved without the necessity of revising the approved Preliminary Subdivision Plat or Preliminary Development Plat; b. All conditions imposed at the time of approval of the Preliminary Subdivision Plat or Preliminary Development Plat, as applicable, have been` satisfied; c. Required public improvements have been installed, conform to the approved construction plans, and have been approved for acceptance by the City Engineer; d. Where the City Engineer has authorized public improvements to be deferred, the subdivision improvement agreement and surety have been executed and submitted by the property owner in conformity with Division 8 of this Article; e. The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this Chapter; and f. The plat meets any county standards to be applied under an interlocal agreement between the City and a county under Texas Local Government Code, Chapter 242, where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the City and in the county, or drainage district rules, where the land is located in whole or in part within a drainage district. Chapter 3:Subdivision Regulations Page 3-20 g. The plat conforms to design requirements and construction standards as set forth in the Engineering Design Criteria Manual. h. The plat conforms to the subdivision application checklist. (2) No Prior Approved Preliminary Subdivision Plat or Preliminary Development Plat: a. The Final Subdivision Plat or Final Development Plat conforms to all criteria for approval of a Preliminary Subdivision Plat or Preliminary Development Plat, as applicable; b. The construction plans conform to the requirements of Chapter 3; c. The subdivision improvement agreement and surety for installation of public improvements have been prepared and executed by the property owner in conformity with Division 8of this Article 1; d. The final layout of the subdivision or developments meets all standards for adequacy of public facilities contained in Article 2 of this Unified Development Code; and e. The plat meets any county standards to be applied under an interlocal agreement between the City and a county under Texas Local Government Code, Chapter 242, where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the City and in the county, or drainage district rules, where the land is located in whole or in part within a drainage district. f. The plat conforms to the subdivision application checklist. Ord. No. 2000T-2, Section 3.1.5.4., February 26, 2007. Section 3.1.5.5 Revisions to Final Subdivision Plat or Final Development Plat (a) Following Approval. An applicant may apply for modification of an approved Final Subdivision Plat or Final Development Plat to reflect changes arising from installation of public improvements thereafter, provided that the approved Final Subdivision Plat or Final Development Plat has not been recorded and that approval of the modified Final Subdivision Plat or Final Development Plat occurs prior to expiration of approval of the initial Final Subdivision Plat or Final Development Plat application. If the approved Final Subdivision Plat or Final Development Plat has been recorded, revisions may only be approved under Division 7 of this Article. (b) After Denial or Conditional Approval. Following conditional approval or denial of a Final Subdivision Plat or Final Development Plat application, the applicant may submit a revised Final Subdivision Plat or Final Development Plat application, together with any revised construction plans, for approval by the Planning and Zoning Commission, provided that the revised application is approved prior to the original expiration date of any approved Preliminary Subdivision Plat or Preliminary Development Plat, as applicable, for the same land. Section 3.1.5.6 Expiration and Extension • (a) The approval of a Final Subdivision Plat or Final Development Plat application shall remain in effect for a period of two (2) years from the date a complete application Chapter 3:Subdivision Regulations Page 3-21 was officially submitted to the City, during which period the applicant shall submit any required revisions for approval and record the plat. If the Final Subdivision Plat or Final Development Plat has not been recorded within the two-year (2-year) period, the Final Subdivision Plat or Final Development Plat approval, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the applicable plat shall be deemed null and void. Section 3.1.5.7 Plat Recordation (a) Procedure. After approval of the Final Subdivision Plat or Final Development Plat, the Planning Director shall procure the signature of the chairperson of the Planning and Zoning Commission on the plat and shall record the Final Subdivision Plat or Final Development Plat with the county clerk of the county in which the land is located, upon the subdivider's or developer's performance of one of the following: (1) Completion of the construction of required improvements prior to recordation; or (2) Filing of security in lieu of completing construction in accordance with Division 8 of this Article. (3) Regardless of which option, (1) or (2) above, is chosen, construction plans must be approved in accordance with Section 3.1.8.1 prior to approval of the Final Subdivision Plat or Final Development Plat and prior to plat recordation. (b) Submittal of Record Plat Where Improvements Installed. Where public improvements have been installed prior to recording of the plat, the property owner shall submit a maintenance bond in accordance with Division 8 of this Article from each contractor, one sealed set of"as built" mylars, and a digital copy of all plans (in a format as determined by the City Engineer), together with a letter stating the contractors' compliance with Division 8 of this Article, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards. The property owner also shall submit copies of the approved Final Subdivision Plat or Final Development Plat, revised to reflect the "as built" plans or record drawings, in the format and number as may be required by the Director. (c) Submittal of Record Plat Where Improvements Have Not Been Installed. Where public improvements have yet to be completed in connection with an approved Final Subdivision Plat or Final Development Plat, the property owner shall submit in the format and number as set forth in the Engineering Design Criteria Manual, of the approved Final Subdivision Plat or Final Development Plat, revised to reflect any changes required by the Planning and Zoning Commission. (d) Update of Lienholder Consents. In conjunction with the application for a record plat, the applicant shall furnish to the City an updated title policy commitment issued by a title insurance company authorized to do business in Texas, or a title opinion letter from an attorney licensed to practice in Texas, identifying all persons having an interest in the property subject to the plat, including lienholders. If there has been any change in the lienholders since the time of the lienholder consent agreement provided under Section 3.1.5.2, the applicant shall submit a new agreement executed by each lienholder consenting to the platting of the property and the Chapter 3:Subdivision Regulations ti. Page 3-22 dedications and covenants contained in the plat. The title commitment or title opinion letter and consent agreement shall be subject to review and approval by the City Attorney. Ord. No. 2000T-2, Section 3.1.5.7., February 26, 2007. Division 6 -Minor Subdivision Plats Section 3.1.6.1 Purpose, Applicability and Effect (a) Purpose. The purpose of a Minor Subdivision Plat is to simplify divisions of land under certain circumstances by authorizing administrative approval of a plat. (b) Applicability. An application for approval of a Minor Subdivision Plat may be filed only in accordance with state law, when all of the following circumstances apply: (1) The proposed division results in four or fewer lots; (2) All lots in the proposed subdivision front onto an existing public street and the construction or extension of a street or alley is not required to meet the requirements of this Unified Development Code; and (3) The plat does not require the extension of any municipal facilities to serve any lot within the subdivision, however, right-of-way widening and easements shall be permitted as part of a Minor Subdivision Plat. The term "municipal facilities" shall not include water lines for firefighting purposes and fire hydrants connected thereto which are located in easements on private property. (c) Effect. Approval of a Minor Subdivision Plat authorizes the Planning Director to record the plat, and further authorizes submittal of an application for a Site Preparation Permit for any lot in the subdivision. Ord. No. 2000T-2, Section 3.1.6.1., February 26, 2007. Section 3.1.6.2 Application Requirements (a) Responsible Official. The Planning Director shall be the responsible official for a Minor Subdivision Plat. (b) Application Contents. All applications shall be submitted on a form supplied by the Planning Department with the required information as stated on the application form. (c) Accompanying Applications. An application for approval of a Minor Subdivision Plat may be accompanied by an application for approval of a Site Preparation Permit for the land subject to the plat, provided that the Minor Subdivision Plat shall be decided prior to decision on any Site Preparation Permit. Section 3.1.6.3 Decision Chapter 3:Subdivision Regulations Page 3-23 t ' (a) The Director of Planning shall decide whether to approve, approve with conditions, or deny the Minor Subdivision Plat application, except as provided in (b). (b) The Planning and Zoning Commission shall decide whether to approve, approve with conditions, or deny a Minor Subdivision Plat application containing any lot that does not have frontage on a public road. In reaching its decision, the Planning and Zoning Commission shall consider the requirements of Section 3.2.14.2 (j) and any guiding principles promulgated by the City Council. Ord. No. 2000T-2, Section 3.1.6.3., February 26, 2007. Section 3.1.6.4 Appeals (a) The applicant may appeal a decision of.the Director conditionally approving or denying a Minor Subdivision Plat to the Planning and Zoning Commission. The appeal shall be processed and decided in accordance with Article 3, Division 1 of Chapter 1. Section 3.1.6.5 Criteria for Approval (a) The Director, or the Planning and Zoning Commission on appeal, shall decide whether to approve, conditionally approve or deny the Minor Subdivision Plat application based upon the following criteria: (1) The Minor Subdivision Plat is consistent with all zoning requirements for the property, all other requirements of this Unified Development Code that apply to ' the plat, and any approved development agreement; (2) All lots to be created by the plat already are adequately served by all required City utilities and services; (3) The ownership, maintenance, and allowed uses of all designated easements have been stated on the plat; and (4) The plat does not require the extension of any municipal facilities to serve any lot within the subdivision. Section 3.1.6.6 Expiration (a) The approval of a Minor Subdivision Plat application shall remain in effect for a period of two (2) years from the date that a complete application was officially submitted to the City, during which period the applicant shall submit any required revisions for approval and record the plat. If the Minor Subdivision Plat has not been recorded within the two (2)-year period, the Minor Subdivision Plat approval shall expire and the plat shall be deemed null and void. Section 3.1.6.7 Recordation Chapter 3:Subdivision Regulations Page 3-24 (a) The property owner shall submit the approved Minor Subdivision Plat, following any required revisions, to the Director, who shall cause the Minor Subdivision Plat to be recorded in the property records of the county in which the land is located. Division 7- Revisions to Recorded Plats Section 3.1.7.1 General Requirements for Plat Revisions (a) Applicability and Terminology. The procedures in this Division 7 shall apply only if a property owner seeks to change any portion of a plat that has been filed of record with the county or a recorded covenant or restriction applicable to such plat. The term "replat" includes changes to a recorded plat, restriction or covenant, whether the change is effected by vacating the recorded plat and approval of a new plat application, replatting without vacation, or approving an amended plat. (b) City Action Required for Replats. Except as expressly stated otherwise in this Division 7, any change to a recorded plat or a recorded covenant or restriction applicable to such plat shall be subject to approval by the Planning and Zoning Commission under requirements and procedures for approval of a Final Subdivision Plat application under Division 5 of this Article. (c) Responsible Official. The Planning Director shall be the responsible official for a replat. (d) Construction Management. If a replat requires construction of additional improvements, the provisions of Division 8 of this Article shall apply. (e) Recording. The replat shall be filed for recording in accordance with Division 5 (final plats) of this Article. Section 3.1.7.2 Replats Without Vacation (a) Applicability. A replat of all or a portion of a recorded plat may be approved in accordance with state law, without vacation of the recorded plat, if: (1) The replat is signed and acknowledged by only the owners of the property being replatted; and } (2) The replat does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded plat. (b) Notice and Hearing. Published notice of the public hearing on the replat application shall be given in accordance with Article 2, Division 2 of Chapter 1. The hearing shall be conducted by the Planning and Zoning Commission in accordance with Article 2, Division 3 of Chapter 1. (c) Partial Replat Application. Any replat which adds or deletes lots must include the • original subdivision and lot boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots which have changed along with a detailed "Purpose for Replat" statement. • Chapter 3:Subdivision Regulations Page 3-25 (d) Criteria for Approval. The replat of the subdivision shall meet all approval criteria for a Final Subdivision Plat. (e) Effect. Upon approval of the application, the replat may be recorded and is controlling over the previously recorded plat for the portion replatted. • Section 3.1.7.3 Special Replat Requirements (a) Applicability. In addition to compliance with the requirements of Section 3.1.7.2 above, a replat without vacation of the preceding plat, in accordance with state law, must conform to the requirements of this section if: (1) During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or (2) Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot. (b) Exception. The requirements of this section shall not apply to any approval of a replat application for a portion of a recorded plat if all of the proposed area sought to be replatted was designated or reserved for usage other than for single- or duplex-family residential usage. Such designation must be noted on the recorded plat or in the legally recorded restriction applicable to such plat. (c) Notice and Hearing. Published and personal notice of the public hearing on the replat application shall be given in accordance with Article 2, Division 2 of Chapter 1. Personal notice shall be accompanied by a copy of the language of subsection (d) below. The hearing shall be conducted by the Planning and Zoning Commission in accordance with Article 2, Division 3 of Chapter 1. (d) Protest. If the replat application is accompanied by a variance petitioh and is protested in accordance with this Subsection, approval of the replat shall require the affirmative vote of at least three-fourths of the members of the Planning and Zoning Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the replat application and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the Commission prior to the close of the public hearing. In computing the percentage of land area under this section, the area of streets and alleys shall be included. Section 3.1.7.4 Amending Plats (a) Purpose. The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat consistent with provisions of state law. (b) Applicability. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to: (1) Correct an error in a course or distance shown on the preceding plat; Chapter 3:Subdivision Regulations , Page 3-26 (2) Add a course or distance that was omitted on the preceding plat; (3) Correct an error in a real property description shown on the preceding plat; (4) Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; (6) Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) Correct an error in courses and distances of lot lines between two adjacent lots; (8) Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; (9) Relocate one or more lot lines between one or more adjacent lots; (10) Make necessary changes to the preceding plat to create four(4) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat; or (11) Replat one or more lots fronting on an existing street. (c) Effect. Upon approval by the Director, an amending plat may be recorded and is controlling over the recorded plat without vacation of that plat. (d) Application Contents. All applications shall be submitted on a form supplied by the Planning Department with the required information as stated on the application form. (e) Decision. The Director shall either approve, approve with conditions, or deny the application for an amending plat. (f) Criteria for Approval. The Director shall decide whether to approve, conditionally approve or deny the amending plat application based upon the following criteria: (1) The amending plat makes only those changes to the recorded plat that are allowed under Subsection (b); (2) If a correction in courses and distances of lot lines between two adjacent lots is proposed: a. Both lot owners join in the application for amending the plat; b. Neither lot is abolished; c. The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and d. The amendment does not have a material adverse effect on the property rights of the owners in the plat. (3) If relocation of one or more lot lines between one or more adjacent lots is proposed: a. The owners of all those lots join in the application for amending the plat; Chapter 3:Subdivision Regulations Page 3-27 b. The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and c. The amendment does not increase the number of lots. (4) If four(4)or fewer lots are proposed to be added to a subdivision: a. The changes do not affect compliance with applicable zoning and other regulations of the City; b. The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and c. The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement area. (5) If lots fronting on an existing street are to be replatted: a. The owners of all those lots join in the application; b. The amendment does not attempt to remove recorded covenants or restrictions; S " c. The amendment does not increase the number of lots; and d. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (g) Expiration. Approval of an amending plat shall expire if the plat is not submitted for recordation within the time period specified for recordation of a Final Subdivision Plat. Ord. No. 2000T-8, Section 3.1.7.4., August 25, 2008. Section 3.1.7.5 Plat Vacation (a) Applicability. A plat vacation application must be approved by the Planning and Zoning Commission prior to vacation of any recorded plat or portion thereof. A plat may be vacated only in conjunction with approval of a new plat application and in accordance with state law. (b) Application. If no lot subject to the recorded subdivision plat has been sold, the property owner may apply for a plat vacation. If any lot in a subdivision has been sold, the recorded subdivision plat or any portion thereof may be vacated only upon application of all lot owners in the subdivision. A plat vacation application shall be accompanied by an application for a Master Plat, Preliminary Subdivision Plat, or Final Subdivision Plat for the land subject to the recorded plat or portion thereof to be vacated, prepared in accordance with this Article. A plat vacation application also shall be accompanied by an unconditional waiver of the time for decision on a plat for the plat vacation application, pending approval of a new Final Subdivision Plat application for the same land. (c) Processing and Decision. The plat vacation application shall be decided by the Planning and Zoning Commission in conjunction with its decision on a new plat Chapter 3:Subdivision Regulations Page 3-28 application for the same land. The application for plat vacation shall be processed together with the new plat application in accordance with the procedures applicable to the new plat application under this Article. If the new plat application is for a Master Plat or Preliminary Subdivision Plat, decision on the plat vacation application shall be deferred or conditioned on approval of a Final Subdivision Plat application ,for the land subject to the recorded plat or portion thereof to be vacated. The Commission shall finally decide the plat vacation application after it decides the Final Subdivision Plat application. (d) Criteria. The Planning and Zoning Commission shall approve the plat vacation application upon approving the Final Subdivision Plat application for the same land, and shall deny the plat vacation application upon denial of such Final Subdivision Plat application. The Final Subdivision Plat application, as well as any preceding Master Plat or Preliminary Subdivision Plat application, shall be decided in accordance with the criteria applicable to such applications under this Article. (e) Effective Date of Plat Vacation. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. On the execution and recording of the vacating instrument, the vacated plat shall have no further effect. Division 8 - Construction Management Section 3.1.8.1 Construction Plans (a) Purpose. The purpose of construction plans is to assure that public improvements required to be installed in order to serve a subdivision or a development are constructed in accordance with all standards of this Unified Development Code. (b) Application Contents. All applications shall be submitted on a form supplied by the Engineering Department with the required information as stated on the application form. (c) Responsible Official and Decision. (1) The City Engineer shall be the responsible official for approval of construction plans. (2) For construction plans submitted following approval of a Preliminary Subdivision Plat or Preliminary Development Plat, the City Engineer shall approve, approve subject to modifications, or reject the construction plans within thirty (30) calendar days after the plans have been submitted. Incomplete plans shall be returned to the applicant. (3) If construction plans are approved, the plans shall be marked "approved" and one set shall be returned to the applicant, and at least two. sets shall be retained in the City's files. (4) Once the construction plans are approved, the property owner shall provide ) - additional sets of the approved plans to the. City, as specified by the City Engineer, for use during construction. A full .set of the City-approved and 1- Chapter 3:Subdivision Regulations Page 3-29 4 d stamped construction plans must be available for inspection on the job site at all times. (d) Notification. The City,Engineer shall notify the applicant in accordance with Article 2, Division 2 of Chapter 1. (e) Revised Plan Submission. If the conditions of approval require revision(s) to the construction plans, one set shall be marked with objections noted (on the plans themselves and/or in memo format) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and resubmit them for decision. A properly revised set of construction plans shall be submitted to the City Engineer within twenty-one (21) working days of receipt of the notice of decision. The Director shall have an additional 20 working days to approve or deny the revised set of plans. (f) Criteria for Approval. The City Engineer shall render a decision on the construction plans in accordance with the following criteria: (1) The plans are consistent with the approved Preliminary Subdivision Plat or approved Preliminary Development Plat, or the proposed Final Subdivision Plat or proposed Final Development Plat; (2) The plans conform to the development standards, and standards for adequate public facilities contained in this Unified Development Code; and (3) The plans conform to the specifications contained in the City's Engineering Design Criteria Manual (EDCM). (g) Approval Required. Construction of public improvements shall be completed in accordance with approved construction plans prior to approval of the Final Subdivision Plat or Final Development Plat and prior to plat recordation. t (h) Effect. Approval of construction plans authorizes the property owner to install public improvements in rights-of-way offered for dedication to the public under an approved Preliminary or Final Subdivision Plat, or under an approved Preliminary or Final Development Plat for which a Site Preparation Permit also has been approved. Ord. No. 2000T-2, Section 3.1.8.1., February 26, 2007. Section 3.1.8.2 Timing of Public Improvements (a) Completion Prior to Approval of Final Subdivision Plat. Except as provided below, after approval of a Preliminary Subdivision Plat and before approval of a Final Subdivision Plat, the installation of all public improvements required to serve the subdivision, whether to be located off-site or on-site, including-but not limited to water, wastewater, drainage, roadway and park improvements, shall be finally completed in accordance with the approved construction plans. Park improvements in this instance refers to public parks being constructed as part of the development by the developer (not the City). If the development is being constructed in phases, and is platted in phases, park improvements shall be completed as phases are constructed. The installation of improvements required for proper drainage and Chapter 3: Subdivision Regulations Page 3-30 1 . I 4 prevention of soil erosion on individual residential lots, and improvements on any common areas, also shall be finally competed prior to Final Subdivision Plat approval in accordance with the approved construction plans, except as provided below. (b) Installation after Final Subdivision Plat Approval. The City Engineer, upon request of the applicant, may defer the obligation to install one or more public �- improvements to serve the subdivision until after Final Subdivision Plat recordation. 4 The request shall be submitted with an application for Preliminary Subdivision Plat approval. Deferral of the obligation to install public improvements shall be conditioned on execution of a subdivision improvement agreement and sufficient surety to secure the obligations defined in the agreement or sureties as required in Section 3.1.8.4. (c) Off-Site Easements. All necessary off-site easements required for installation of off-site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed by an instrument approved by the City Attorney. Ord. No. 2000T-2, Section 3.1.8.2., February 26, 2007. Section 3.1.8.3 Subdivision Improvement Agreement (a) Obligations Under Agreement. Whenever public improvements to serve the development are deferred until after Final Subdivision Plat or Final-Development Plat approval, the property owner shall enter into a subdivision improvement agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area improvements, no'later than two (2) years following the date upon which the Final Subdivision Plat or Final Development Plat is recorded. The agreement shall be subject to review and approval by the City Attorney, and shall be approved by the City Engineer prior to approval of the Final Subdivision Plat or Final Development Plat. The agreement shall contain the following provisions: (1) Covenants to complete the improvements; (2) Covenants to warranty the improvements for a period of two (2) years following acceptance by the City; (3) Covenants to provide a maintenance bond in the amount of one hundred percent(100%) of the costs of the improvements for such period; (4) Provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor, with the City as a co-obligee; (5) Provisions for securing the obligations of the agreement consistent with Section 3.1.8.4; and (6) Such other terms and conditions as are agreed to by the property owner and City, or as may be required by this Unified Development Code. Chapter 3:Subdivision Regulations Page 3-31 (b) Covenants to Run with the Land. The subdivision improvement agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement. The City shall deliver a release to bona fide third party purchasers of individual lots when all required public improvements have been accepted by the City. Ord. No. 2000T-2, Section 3.1.8.3., February 26, 2007. Section 3.1.8.4 Security for Completion of Improvements (a) Security. Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after approval of the Final Subdivision , Plat or Final Development Plat, the property owner shall provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of one of the following: (1)A cash escrow with the City; , (2) An irrevocable letter of credit drawn upon a state or national bank that has a regular business office in the state of Texas that: a. Is of a term sufficient to cover the completion, maintenance and warranty periods, but not less than two (2)years, and b. Authorizes the City to draw upon the letter of credit by presenting to the issuer only a sight draft and a certificate signed by an authorized representative of the City attesting to.the City's right to draw funds under the letter of credit; (3) A construction funding agreement under which funds for the construction of the required improvements are escrowed in Texas with an office of a state or national bank, under which: a. The City has the irrevocable right to withdraw funds, and b. The subdivider may be permitted to draw funds to make payments towards the construction of the improvements as progress is verified; or , - (.4) A first and prior lien on the property. (5) Another similar type of agreement that provides security and/or ensure completion of public improvements and that is approved by the City Attorney. t (b) Amount and Acceptability. The security shall be issued in the amount of one hundred and twenty-five percent (125%) of the cost estimate approved by the City Engineer for all public improvements associated with the subdivision. The security shall be subject to the approval of the City Attorney. (c) Security for Construction in Extraterritorial Jurisdiction. Where the land to be platted lies within the extraterritorial jurisdiction of the City, the security shall be in a form and contain such terms as are consistent with the interlocal agreement between Chapter 3:Subdivision Regulations Page 3-32 the City and the county in which the land is located. In cases where the requirements governing the form and terms of the security are defined in such an agreement, they will supersede any conflicting provisions of Subsections (a) and (b). (d) Partial Release. If, in the opinion of the City Engineer, the public improvements have commenced in good faith, a release for construction on up to five percent of the residential lots may be issued. A lot must have permanent street access installed to it prior to this release. (e) Remedies. In addition to all other remedies authorized in Article 2, Division 6 of Chapter 1, where a subdivision improvement agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: (1) Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; (2) Obtain funds under the security and complete the improvements itself or through a third party; or (3) Assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public improvements serving the tract. Ord. No. 2000T-2, Section 3.1.8.4., February 26, 2007. Section 3.1.8.5 Inspection and Acceptance of Public Improvements (a) Inspections. Construction inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved construction plans. Inspection shall be in accordance with Article 2, Division 6 of Chapter 1. Any significant change in design required during construction shall be made by the subdivider's engineer, and shall be subject to approval by the City Engineer. If the City Engineer finds upon inspection that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and/or correcting the public improvements. (b) Submission of As-Built Plans or Record Drawings. The City shall not accept dedication of required public improvements until the applicant's engineer has certified to the City Engineer, through submission of a detailed "as-built" or record drawing or survey plat of the property and any off-site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each as-built or record drawing sheet shall show all changes made in the plans during construction and on each sheet there shall be an "as-built" or "record" stamp bearing the signature of the engineer and date. Chapter 3:Subdivision Regulations Page 3-33 1 ` (c) Acceptance"of Improvements. When the City Engineer has determined that the public improvements have been installed in accordance with the approved construction plans, then he shall accept such improvements on behalf'of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. Upon acceptance of the required public improvements, the City Engineer shall issue a certificate to the property owner stating that all required public improvements have been satisfactorily completed. (d) Disclaimer. Approval of a preliminary or Final Subdivision Plat or Final Development Plat .by the Planning and Zoning Commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City 'y except in accordance with this Section. (e) Acceptance of Improvements for Land in Extraterritorial Jurisdiction. Where the facilities to be constructed under the subdivision improvement agreement are located within the City's extraterritorial jurisdiction, and are to be dedicated to the county in which the land is located, the Director shall inform the county that the public improvements have been constructed in accordance with approved construction plans, and are ready for acceptance by the county. Section 3.1.8.6 Maintenance and Warranty of Improvements r' (a) Maintenance During Construction. The property owner shall maintain all required ` public improvements during construction of the development. (b) Bond. The owner shall covenant to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements and shall provide a maintenance bond in the amount of fifty percent (50%) of the costs of the improvements for such period. All improvements located within an easement or right-of-way shall be bonded. Article 2 - Subdivision"Standards ` _6 Division 9 —Adequate Public Facilities Section 3.2.1.1 General Policy (a) Adequate Service for Areas Proposed for Development. Land proposed for development in the City and in the City's extraterritorial jurisdiction must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities and park facilities. Land shall not be approved for platting or development unless and until all public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or offsite. Chapter 3: Subdivision Regulations Page 3-34 (b) Eligibility for Building Permits. No building permit shall be issued until all public facilities planned to serve the proposed development are completed and accepted by the City, except as provided below: (1) Upon submission of security pursuant to Section 3.1.8.4, recordation of the final subdivision plat, and approval of a site plan, a permit may be issued for site work limited to clearing, grading, and installation of underground utilities (public or private)within the land proposed for development. As used in this section, "underground utilities" shall include water, wastewater, drainage, and dry utilities. (2) A non-residential development that complies with (1) above may also, upon approval of City Council, be issued a building permit for construction of noncombustible improvements not more than thirty feet (30) in height, provided that all areas of construction are accessible to emergency vehicles by way of an all weather road capable of supporting the heavy equipment necessary for the construction activity. (3) A non-residential development that complies with (1) and (2) above may also, upon approval of City Council, be issued a building permit to allow the interior build-out of premises to be occupied by the owner of the property, provided that said premises are served by a water line and fire hydrant that pass City inspection. (c) Responsibilities of the Developer. The developer shall be responsible for the following: (1) Phasing of development or improvements in order to ensure the provision of adequate public facilities; (2) Extensions of public facilities and roadways (including any necessary on-site and off-site facilities) to connect to existing public facilities; (3) Providing and/or procuring all necessary property interests, including rights-of- way and easements, for the facilities (whether on-site or off-site); (4) Providing proof to the City of adequate public facilities; (5) Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the City's oversize participation policies, if applicable; (6) Providing for all operations and maintenance of the public facilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the facilities; (7) Providing all fiscal security required for the construction of the public facilities; (8) 'Obtaining approvals from the applicable utility providers other than the City; and (9) Complying with all requirements of the utility providers, including the City and applicable drainage districts Chapter 3:Subdivision Regulations Page 3-35 (d) Eligibility for Certificate of Occupancy. Notwithstanding the completion of any construction or development activity that is allowed in subsection (b), no certificate of occupancy or any kind shall be issued for any development until all public facilities required to serve the development has been completed and accepted by the City, and all other applicable requirements of the UDC are met. Ord. No. 2000T-2, Section 3.2.1.1., February 26, 2007.. Section 3.2.1.2 Conformance to Plans (a) Conformance. Proposed capital improvements serving new development shall conform to and be properly related to the public facilities elements of the City's adopted Comprehensive Plan, other adopted master plans for public facilities and services, and applicable capital improvements plans, and shall meet the service , levels specified in such plans. • (b) Final Plat Approval After Water and Wastewater Provided For. No final plat shall be approved for any subdivision within the City or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary • 51.=. wastewater system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided. The design and construction of the water system and of the sanitary wastewater system to serve the subdivision shall be in conformance with the City's master plans for water and wastewater facilities and with the City's Engineering Design Criteria Manual (EDCM), and shall be subject to approval by the Director of Engineering. Section 3.2.1.3 Water (a) Reference. Refer to Chapter 30 of the City of Pearland Code. Section 3.2.1.4 Wastewater (a) Reference. Refer to Chapter 30 of the City of Pearland Code. Section 3.2.1.5 Roads (a) Safety, Convenience, Functionality. Proposed roads serving new development shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall be properly related to the applicable master '-- thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New developments shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare network. Additional standards and requirements are defined in Article 2 of this Chapter 3. Chapter 3:Subdivision Regulations Page 3-36 Section 3.2.1.6 Drainage (a) Reference. Refer to the City of Pearland Engineering Design Criteria Manual (EDCM). Section 3.2.1.7 Other Facilities (a) Other Facilities. Adequate sites and convenient access for schools, parks, playgrounds, and other community services indicated in the City's Comprehensive Plan shall be related to the character and uses of the surrounding properties in accordance with the intent, policies and provisions of this Chapter 3. Section 3.2.1.8 City Options (a) Adequate Levels of Facilities & Services. In order to maintain prescribed levels of public facilities and services for the health, safety and general welfare of its citizens, the City may require the dedication of. easements and rights-of-way for or construction of on-site or off-site capital improvements for water, wastewater, road, drainage, park facilities, or other public facilities to serve a proposed development, or require the payment of fees in lieu thereof consistent with this Chapter 3, or both. If adequate levels of public facilities and services cannot be provided concurrent with the schedule of development proposed, the City may deny the development until the public facilities and services can be provided, or require that the development be phased so that the delivery of facilities and services coincides with the-demands for the facilities created by the development. Division 2— Dedication & Construction Requirements & City Participation Section 3.2.2.1 Findings on Necessity for Right-of-Way Dedication and Construction as a Condition of Development Approval (a) Support for New Development. . (1) New development must be supported by adequate levels of public facilities and services. (2) It is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements to support new development at the earliest stage of the development process. (3) Requirements for dedication and construction of capital improvements to serve a proposed new development should be attached as conditions of approval of any development application that contains a specific layout of the development. (b) Essential Nexus. There is an essential nexus between the demand on public facilities systems created, by a new development and the requirement to dedicate rights-of-way and easements and to construct capital improvements to offset such impacts. Chapter 3:Subdivision Regulations Page 3-37 (c) Mitigation of Development Impacts; Fair Share. The City desires to assure both that development impacts are mitigated through contributions of rights-of-way, easements and construction of capital improvements, and that a development project contribute not more than its fair share of such costs. Section 3.2.2.2 Property Owner's Obligation (a) Dedication and Construction of Improvements. The property owner shall dedicate all rights-of-way and easements for, and shall construct, capital improvements within the rights-of-way or easements for those water, wastewater, road or drainage improvements needed to adequately serve a proposed development consistent with the applicable master facilities plans and construction design standards, whether the facilities are located on, adjacent to or outside the boundaries of the property being developed. (b) Adjacent Road Improvements. In the case of adjacent or abutting roads, the City may require that the entire right-of-way be dedicated and improved to City design standards, depending on factors such as the impact of the development on the road, the timing of development in relation to need for the road, and the likelihood that adjoining property will develop in a timely manner. In the case of frontage or service roads for state and federally designated highways, the entire abutting right-of-way shall be dedicated and improved to applicable construction design standards. (c) Reservation of Right-of-Way. The City may reserve the right-of-way along a roadway designated in the Thoroughfare Plan, an approved collector plan or an established capital improvement project located in the.planning jurisdiction of the City to protect a transportation corridor from development. The Director of Engineering shall determine the alignment of reserved right-of-way based upon the Thoroughfare Plan, collector plan or capital improvement project and engineering criteria, including grade, curvature and the existence of a floodplain. In an area designated for a state i - roadway project, the Texas Department of Transportation may establish alignment. (d) Substandard Road Improvements. Where an existing road that does not meet the City's right-of-way or design standards abuts a proposed development, the City may require the property owner to dedicate the right-of-way for a standard width, and to improve the street according to the dimensions and specifications in the applicable thoroughfare plan, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to the need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner. (e) Facilities Impact Studies. The City may require that a property owner prepare a comprehensive traffic impact analysis, drainage study or other public facilities study in order to assist the City in determining whether a proposed development will be supported with adequate levels of public facilities and services concurrent with the demand for the facilities created by the development. The study shall identify at a minimum the adequacy of existing facilities and the nature and extent of any deficiencies, and the capital improvements needed to meet the adopted level of service assuming development at the intensity proposed in the development application. The studyshall be to approval bythe Director of Engineering. PP subjectPP 9• 9• Chapter 3:Subdivision Regulations Page 3-38 The City also may require, at the time of approval of a subordinate development application, an update of a public facilities study approved in connection with a priority development application. Section 3.2.2.3 Timing of Dedication and Construction (a) Initial Provision for Dedication or Construction. The City shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing a Planned Development (PD) zoning district, or other overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a Cluster Development Plan; an application for a Subdivision Master Plat, or an application for a preliminary or final subdivision or development plat. As a condition of approval of the development application, the City may require provision for dedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development. (b) Deferral of Obligation. The obligation to dedicate rights-of-way for or to construct one or more capital improvements to serve a new development may be deferred until approval of a subordinate development permit, or, in the case of a development proposed to be developed in phases, until.a subsequent phase of the development, on the sole discretion of the City, upon written request of the property owner, or at the City's own initiative. As a condition of deferring the obligation, the City may require that the developer enter into a capital improvements agreement pursuant to Division 8 of Article 1 of this Chapter, specifying the time for dedication of rights-of- way for or construction of capital improvements serving the development. Section 3.2.2.4 Relief From Obligations (a) In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, the City may participate in the costs of capital improvements in accordance with this Article, credit or offset the obligations against payment of impact fees, or relieve the property owner of some or part of the obligations in response to a petition for relief from a dedication or construction requirement pursuant to Chapter 1. Section 3.2.2.5 Utility Participation Policies (a) Connections to the City's Water and Wastewater Systems. All connections to the City's water and wastewater systems shall be in accordance with Chapter 30 of the City Code of Ordinances. (b) Connections to Existing City Water or Wastewater System Outside the City Limits. Applications for connection to existing portions of the City water or wastewater system for uses located outside the City limits will be granted only with the approval of the City Manager. Chapter 3:Subdivision Regulations Page 3-39 Section 3.2.2.6 Roadway Participation Policies - Improvement of Adjacent (Perimeter) Roads and Utilities (a) Improvement of Fair Share of an Adjacent Substandard Road. When an area within a proposed subdivision or development plat, whether residential or nonresidential, abuts on one or both sides of an existing substandard road or utility i facility, or a planned or future road or utility facility as shown on the City's Thoroughfare Plan and/or adopted plans related to water and wastewater, the developer shall be required to improve its reasonable share of the road (including appurtenant sidewalks, barrier-free ramps, storm drainage facilities, screening and landscaping, median openings, left turn lanes, and water quality or erosion controls) and utility facilities, to bring the facilities to City standards, or to replace them with standard City road or utility facilities as determined by a traffic or other public facilities impact study, if required, at no cost to the City. (b) Calculation of Fair Share. (1) The developer's share of improvements to a substandard perimeter road is twenty-two feet (22') of pavement (not including curb), or the equivalent of one- half of a primary collector street, along the entire front footage of the subdivision. (2) The developer's share of improvements to a roadway when a subdivision is to be located on both sides of a roadway is the full width of a primary collector roadway, which is forty-four feet (44') of pavement, not including curbs. The roadway shall be improved by the developer on each side of the road along the entire length of the subdivision. (3) The City shall participate in the costs of perimeter roads in excess of the developer's fair share obligations and where such costs are not borne by another public entity, and in cases where the application of the standards in this Section result in a disproportional burden on the development, as determined in accordance by the City Council in accordance with Chapter 1, Article 3, Division 4. (c) Participation in Construction of Other Necessary Facilities. The developer's share for major bridges and similar region-serving drainage structures and for railroad crossings (including the appurtenant roadway paving, sidewalks/pedestrian pathways, abutments, safety railings and crossarms, median areas, etc.) shall be in accordance with the City of Pearland's policies for the construction of such facilities. t , Division 3 - Interlocal Agreements Section 3.2.3.1 Interlocal Cooperation Agreements Between Pearland and BrazoriaCounty (a) The City has executed a separate interlocal cooperation agreement as authorized under Chapter 242 of the Texas Local Government Code. This agreement is with Brazoria County. Brazoria County has assigned the City its respective authority to approve subdivision plats in the City's ETJ. The agreement generally provides for 4 ! the City to enforce its subdivision regulations, together with specified regulations of Chapter 3:Subdivision Regulations Page 3-40 Brazoria County, within the applicable areas of the ETJ. (For specific responsibilities, see the separate interlocal agreement.) Division 4 - Water Section 3.2.4.1 The City System (a) Installation of Water Facilities. Where water is to be provided through the City system, the developer shall install adequate water facilities, including fire hydrants, in accordance with the current Rules and Regulations for Public Water Systems of the TCEQ, and the firefighting standards of the Texas Board of Insurance, and the standards and specifications of the City. (b) Facilities for Health and Safety Emergencies; Alternative Water Sources. All water facilities connected to the City's water system shall be capable of providing water for health and emergency purposes, including fire protection. Water supply facilities shall be in accordance with•Chapter 30 of the City Code of Ordinances. The design and construction of water system improvements and alternative water sources shall also comply with the following standards: (1) Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ. (2) Design and construction of water service from the City shall be in accordance with the standards in the City's EDCM. (3) Design and construction of a fire protection and suppression system shall be in accordance with the standards in the EDCM, and in accordance with the City's Fire Department and Fire Code (also see Chapter 30 of the City Code for cross-connection control and backflow prevention). Section 3.2.4.2 Location; Performance Guarantees (a) Location and Cost of Installation. The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating all improvements proposed to' be served, shall be shown on the construction plans. The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer. (b) Extension of Lines. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision or development plat adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the Director of Engineering may waive the requirement for adjacent utility line construction at the time of final plat approval and prior to construction of the subdivision. (c) Compliance with Other Regulations. Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ, Chapter 3:Subdivision Regulations Page 3-41 and with any other applicable State rules and regulations, whichever is the most stringent requirement. Section 3.2.4.3 Individual Wells (a) Within the ETJ. Individual wells within the ETJ shall be subject to approval by the county health official, and this approval shall be documented by the health official's signature on the water system statement on the plat. The developer must submit with the plat application a certificate from a professional engineer registered in this state ' or a geoscientist licensed to practice in this state verifying the adequacy of the proposed source of well supply prior to plat approval. (b) Compliance with Other Regulations. Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of any groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply. Section 3.2.4.4 Central Water Systems (a) Design and Construction. All water facilities within a subdivision shall be designed and constructed to City standards and to all state laws, policies, standards, rules and regulations for an approved public water system, including those covering the preparation, submittal and approval of plans and specifications for water systems j } and acceptable operating practices, and in conformance with all laws, policies, standards and rules and regulations for establishing the ISO rating of the City and current fire codes of the City. The entire water system may not meet these standards, but the part that serves the subdivision must meet these standards in order to be approved by the City. (b) Other Water Systems. For water systems other than the City system, the following apply: (1) If the water system that will serve a proposed development is not to be a part of the City water system, the developer must submit with the application for approval of the preliminary plat a current letter from the TCEQ certifying that the public water system that will serve the subdivision is in compliance with TCEQ rules and regulations. Plans and specifications for the subdivision's water system that will be built to serve the subdivision shall be submitted as part of the subdivision's construction plans. (2) The developer must submit a letter from the TCEQ verifying that the public water system proposed to serve the development holds a current valid certificate of convenience and necessity (CCN) for the area proposed for development. The letter must be accompanied by a. map showing the boundaries of the water system CCN in the vicinity of the development. a. Standards May Be Met Upon Annexation - If a water system cannot meet the standards of this Subsection, at the Planning and Zoning Commission's discretion, the subdivision may. be approved, if arrangements have been made for.an approved water system that will Chapter 3:Subdivision Regulations Page 3-42 l . meet City standards to serve the subdivision upon annexation by the City. This shall be arranged by means of a mutually acceptable contract with the City, unless a contract with another entity ensures compliance with the technical requirements of this chapter, as determined by the City Attorney. Section 3.2.4.5 Water Taps (a) Reference. See Chapter 30 of the City Code. Division 5 - Wastewater Section 3.2.5.1 The City System (a) Installation of Water Facilities. Establishment of a private wastewater utility district within the City of Pearland or within the City's extraterritorial jurisdiction shall be prohibited (see Chapter 30 of the City Code). Section 3.2.5.2 Centralized Wastewater System; Connection to Existing System (a) Design Requirements. Where wastewater is to be provided through a centralized system, the developer shall install adequate facilities, subject to the standards and specifications (EDCM) of the City and state design criteria for wastewater systems. (b) Existing System. Where insufficient capacity exists downstream of a proposed connection, the replacement and upsizing of the existing main is required of the developer. The installation of a parallel main is prohibited, unless approved by the City Engineer. Section 3.2.5.3 Location; Performance Guarantees (a) Location and Cost of Installation. The location of all wastewater improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on the construction plans. It is the policy of the City to require all systems to have gravity flow. The use of lift stations is prohibited unless a gravity design is impractical. The cost of installing all wastewater improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer. (b) Future Extension of Lines. Pipe stub-outs shall be located in manholes to facilitate the future extension of wastewater lines. The Director of Engineering will determine the location and size of the stub-outs. Section 3.2.5.4 Wastewater Taps (a) Reference. See Chapter 30 of the City Code. Chapter 3:Subdivision Regulations Page 3-43 Section 3.2.5.5 On-Site Sewage Facilities (a) Adoption and Authorization. The On-Site Sewage Facility Rules'are adopted, and shall conform to Chapter 30 of the City Code and all state regulations. (b) Wastewater Connections When Platting Not Required. All wastewater connections to be made in connection with development for which a plat is not required shall be in accordance with Chapter 30 of the City Code. (c) Rule Conflicts. Where this division or other provisions of this Code are more stringent than the On-Site Sewage Facility Rules, the local regulations take precedence over the corresponding provisions of the Rules. (d) Penalties. The City will enforce these rules as provided in V.T.C.A., Health and Safety Code, Sections 306.091, Criminal Penalties, 366.092, Injunction or Civil Suit, 366.0,921, Civil Penalty, and by any other remedies provided by State Law. r 1 ti _ Division 6 - Roadways Section 3.2.6.1 Conformance With Regulations and Circulation and Safety Needs (a) Conformance With Plans and Regulations. The arrangement, character, extent, width, grade and location of all streets shall conform to the City's Thoroughfare Plan and the City's Engineering Design Criteria Manual (EDCM), and shall be considered in their relation to existing and planned streets or driveways (whether within the City limits, the ETJ area, or adjacent municipal or county areas), to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by the streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements, shall not be permitted in any subdivision unless they are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with this section and with the City's EDCM. (b) Establishment of a Safe, Convenient and Functional System. Proposed streets shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation, shall be properly related to the Thoroughfare Plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of. each proposed subdivision or development. All streets shall be open and unobstructed at all times. • Section 3.2.6.2 Adequacy of Streets and Thoroughfares (a) Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall assure that the subdivision is served by adequate streets and• thoroughfares, `,- and shall be responsible for the costs of rights-of-way and street improvements, in Chapter 3:Subdivision Regulations Page 3-44 accordance with the following policies and standards, and subject to the City's cost participation policies on oversized facilities. (b) General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular, bicycle and pedestrian traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road classification system, Comprehensive Plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development. (c) Road Network. New subdivisions shall be supported by a road network having adequate capacity, ingress/egress, and safe and efficient traffic circulation. The adequacy of the road network for developments of two hundred (200) or more dwelling units, or for developments generating two thousand (2,000) or more "one- way" trips per day, or for developments involving collector streets or thoroughfares not appearing on the City's adopted Thoroughfare Plan, shall be demonstrated by preparation and submission, prior to or along with the preliminary plat application, of a traffic impact analysis prepared in accordance with this Article 2, Division 8 (Traffic Impact Analysis), which takes into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. (1) In the event the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the City Engineer may require a 'demonstration of adequacy pursuant to this article for additional phases or portions of the property as a condition of approval for the proposed preliminary plat. (d) Approach Roads and Access. All subdivisions with sixty (60) or more lots must have at least two points of vehicular access (primarily for emergency vehicles), and must be connected with improved roadways to the City's improved thoroughfare and street system by one or more approach roads of the dimensions and standards hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending upon the size or density of the proposed development, or if the need is demonstrated by traffic impact analysis. (1) Points of vehicular access into subdivisions shall meet the requirements of the City's adopted Fire Code. (2) The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated public street as required by applicable zoning, or twenty-five feet (25'), whichever is greater, unless other provisions have been authorized through planned development approval. Each non- residential lot shall have a minimum frontage on a dedicated public street as required by applicable zoning or fifty feet (50'), whichever is greater, unless other provisions have been authorized through planned development approval. (e) Off-Site Improvements. Where'traffic impact analysis demonstrates the need for ,the facilities, or where the City believes public safety is at risk, the property owner shall make improvements to off-site collector streets, thoroughfares, and Chapter 3:Subdivision Regulations Page 3-45 intersections necessary to mitigate traffic impacts generated by the development or in conjunction with related developments. The City may participate in the costs of oversize improvements with the property owner as set out herein, and subject to the City's.cost participation policies on oversized improvements. (f) Street Dedications. (1) Dedication of Right-of-Way: The property owner shall provide all rights-of- way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the Thoroughfare Plan and as required by the EDCM or by other valid development plans approved by the City. (2) Construction Easements: Construction easements,'in addition to rights-of- way, shall be required when adequate width for streets and/or utilities is not available. : (g) Street Construction. All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the Thoroughfare Plan and this article, and in accordance with the ED.CM and other City standards, as may be from time to time amended or adopted. (h) Intersection Improvements and Traffic Control Devices. Intersection improvements and traffic control devices shall be installed as warranted in accordance with the traffic impact analysis required by Article 2, Division 8 of this Chapter, or as may be required by the City for traffic safety and efficiency. Construction and design standards shall be in accordance with City standards and the EDCM. (i) Phased Development. Where a subdivision is proposed to be developed in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development. (j) Private Streets. In relation to private streets, the City will not assist in enforcing deed restrictions. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare. _ (1) Private Streets: Construction and Maintenance Cost: The City shall not pay for any portion of the cost of constructing or maintaining a private street. (2) Private Streets: Traffic Control Devices: All private traffic control devices and regulatory signs shall conform to the "Texas Manual of Uniform Traffic Control Devices", as amended, and to City standards. (3) Private Streets: Restricted Access: The subdivision homeowners association shall clearly mark entrances to all private streets with a sign, placed in a prominent and visible location, indicating that the streets within the subdivision are private, and not maintained nor regularly patrolled by the City. All restricted access entrances shall be manned 24 hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the City, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method used to ensure City and emergency access into the subdivision Chapter 3:Subdivision Regulations Page 3-46 shall be approved by the City's Fire Department and by any other applicable emergency service providers. If the association fails to maintain reliable access as required herein, the City may enter the private street subdivision and remove any gate or device which is a barrier to access, and bill the expense to the association. If the bill is not paid, the City may file a lien for the expense against any property owned by the association. (4) Private Streets: Waiver of Services: Certain City-services may not be provided for private street subdivisions. Among the services which may not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, preparation of accident reports, and street lighting. Depending on the characteristics of the development and access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may not be provided as well. (5) Private Streets: Petition to Convert to Public Streets: The property owners association may petition the City to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. - However, in no event shall the City be obligated to accept the streets as public. The City, as a condition of accepting a private street, may impose a requirement either for repairs and improvements to a street at private expense prior to acceptance, or a written agreement by all property owners along the street to payment of a prorata assessment of the costs for repairs or improvements to the street by the City prior to acceptance. The City shall be the sole judge of the nature and extent of repairs or improvements needed. The City may also require, at the association's or the lot owners' expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street or other common area prior to City acceptance. (6) Private Streets: Hold Harmless: The property owners association, as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by'the City or governmental or utility entity. Ord. No. 2000T-2, Section 3.2.6.2., February 26, 2007. Section 3.2.6.3 Escrow Policies and Procedures (a) Request for Escrow. Whenever this Unified Development Code requires a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may petition the City to construct the improvement at a later time, in exchange for deposit of escrow as established in Subsection (b) below, if unusual Chapter 3:Subdivision Regulations Page 3-47 circumstances exist, such as a timing issue due to pending improvements by another agency such as TxDOT or the county, that would present undue hardships or that would impede public infrastructure coordination or timing. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, the City Engineer may prioritize roadways for which escrow is to be l accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of the affected roadways. The City Engineer shall review the particular circumstances involved and may require a traffic impact analysis. The City Engineer shall determine whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare. (b) Escrow Deposit With the City. Whenever the City Council agrees to accept escrow deposits in lieu of construction by the property owner, the property owner shall deposit in escrow with the City an amount equal to the owner's share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate (and realistic) inflation factor to ensure that the actual "future dollar" costs will be covered when actual construction occurs in the future. This amount shall be reviewed and approved by the City Engineer, and shall be paid prior to recording of the final plat. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, successors and assigns; and the liability therefore shall be joint and several. (1) Determination of Escrow Amount: The amount of the escrow shall be determined by using comparable "turnkey" costs for construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). The determination of the escrow amount shall be made as of the time the escrow is due hereunder, and shall be subject to the review and approval of the City Engineer. (2) Termination of Escrow: Escrows, or portions of escrowed amounts, which have ," been placed with the City under this section and which have been held for a period of ten years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the property owner or applicant who originally paid the escrow amount, along with one-half of its accrued interest. Such return does not remove any obligations of the property owner for `._ construction of the required facilities if a building permit has not been issued on the subject lot(s)or if application for a new building permit(s) is made. (3) Refund: If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. Chapter 3:Subdivision Regulations Page 3-48 (4) Interest Limitation: If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with one-half of its accrued interest. 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) Subdivisions Abutting or Containing Thoroughfares. Where a subdivision abuts or contains an existing or proposed thoroughfare, the' Planning and Zoning Commission may require marginal access streets, shared .driveway access on commercial lots, reverse or double-lot frontage (lots which back onto the thoroughfare), deep lots with rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Direct access to a thoroughfare from a 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. Chapter 3:Subdivision Regulations Page 3-49 (f) 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°). t, (i) 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. (j) 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 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 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). (I) Maximum Length of a Cul-De-Sac Street. A cul-de-sac street shall not be longer than six hundred feet (600'), and at the closed end shall have a turnaround 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 length of a cul-de-sac shall be measured from the centerline of the intersecting through street to the centerline of the cul-de-sac bulb. In nonresidential areas, the turnaround shall have a minimum right-of-way diameter of one hundred feet (100') and a paving surface with a minimum width of ninety feet(90'). (1) Exception: Dead-end streets with a turn-around may be extended to a maximum length of one thousand two hundred feet (1,200') is platted and constructed with a minimum right-of-way of sixty feet (60') and a pavement Chapter 3:Subdivision Regulations Page 3-50 i • 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 911 locks is proved at the end of the cul-de-sac turnaround. All roadway and property line diameters referenced above shall apply. (m)Variances for.Overlength Streets or Cul-De-Sacs. The Planning and Zoning Commission may approve variances for 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. (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 (k) above. (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. (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. Chapter 3:Subdivision Regulations Page 3-51 (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 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; Chapter 3:Subdivision Regulations Page 3-52 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 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. Ord. No. 2000T-2, Section 3.2.6.4., February 26, 2007. Ord. No. 2000T-8, Section 3.2.6.4., August 25, 2008. Division 7- Driveways Section 3.2.7.1 Reference (a) Reference. See the City's Engineering Design Criteria Manual (EDCM). Chapter 3:Subdivision Regulations Page 3-53 Division 8— Traffic Impact Analysis Section 3.2.8.1 Reference (a) Reference. See the City's Engineering Design Criteria Manual (EDCM). Division 9 - Drainage Section 3.2.9.1 Reference (a) Reference. See the City's Engineering Design Criteria Manual (EDCM). Division 10—Parks & Open Space Section 3.2.10.1 Parkland Dedication & Fees (a) Areas for Public Use. (1) Application: This division shall apply to areas inside the City limits and the City's ETJ. (2) Suitable Sites; Area(s) Indicated on Submittals: The applicant shall give consideration to suitable sites for parks, playgrounds and other areas for,public use so as to conform with the recommendations of the City's adopted Parks Plan, as amended. a. Any provision for parks and public open space areas shall be indicated on the construction drawings and final plat, and shall be subject to a recommendation by the Park Director and approval by the Planning and Zoning Commission. b. Suitable park sites include those that can be used for active recreation (such as playgrounds and areas for organized sports) and passive recreation (such as hiking and picnic areas) as defined and discussed within the City's adopted Parks Plan, as amended. (3) Permit Required for Park Site Manipulation: No individual, partnership, firm, or corporation shall deepen, widen, fill, reroute or change the course or location of any existing ditch, channel, stream or drainageway proposed for a park without first obtaining written permission of the City and any other agency having jurisdiction. (b) Parkland Dedication. (1) Generally: The City of.Pearland has determined that recreational areas in the form of public parks and open spaces are necessary for the well being of the residents of the City. The City has further determined that a reasonable connection exists between the subdivision of residential property and the need for additional parkland to serve new residents of the community. It is the intent of this section, therefore, to require a reasonable method for the dedication of public parkland, or the payment of a fee in lieu of property dedication, that is directly related to the need for high quality park land and open space sites for the use and enjoyment of the citizens of Pearland. Chapter 3: Subdivision Regulations Page 3-54 r�� (2) Criteria for Land Dedication: All residential subdivisions, regardless of type, shall be required to dedicate suitable land for park or open space development in the amount of one (1) acre per fifty (50) units or lots, whichever results in a greater dedication. (3) Calculation: Residential units shall be calculated based on the actual number of single-family, duplex and townhouse lots platted in the subdivision. Multiple family and condominium units shall be calculated on the maximum allowed density of the zoning district in which the lot is located. If the subdivision is located outside of the City limits, multiple-family units shall be calculated at the rate of 24 dwelling units per acre, and condominium units shall be calculated at the rate of 12 dwelling units per acre, unless deed restrictions are filed restricting the property to a lesser density. (4) Exemption from dedication requirements: Parkland dedication requirements shall not apply to either the subdivision of commercial, industrial or other non- residential lots, or to the replatting of previously platted residential lots, where such lots were subject to parkland dedication requirements at the time of the prior subdivision. If a replat or amending plat is filed that increases the number of dwelling units from the previous plat, the park dedication requirement shall apply to the additional dwelling units. (5) Criteria for Park and Open Space Dedication: Land dedicated for parks or open spaces shall be appropriate for the intended purpose. The following criteria shall apply to land proposed for parkland or open space dedication: a. At least fifty percent (50%) of the parkland that is required to be dedicated (based on the previously described calculation) shall be acceptable in terms of design, location, etc., for use as an area of active recreation. b. Drainage ditches, power line easements, pipeline easements, and similar sites shall not be accepted for parkland dedication, unless the Planning and Zoning Commission finds, after consultation with the Director of Parks and Recreation, that the land has exceptional recreational value that warrants its acceptance as parkland or open space. If this finding is made, such areas may account for a maximum of fifty percent (50%) of the parkland dedication. c. Detention/retention facilities may be accepted for parkland dedication when the Planning and Zoning, Commission finds, after consultation with the Director of Parks and Recreation, that the facilities have been incorporated into the design of the development as an amenity, such as a lake or pond. The term "amenity" is defined within Chapter 5 of this UDC. d. The dedication of land within the 100-year floodplain may be acceptable, provided the land consists of the native floodplain that is unaltered by channelization or other man-made stormwater control facilities. e. All parkland and open space dedication shall be consistent with the goals, objectives and policies of the City's adopted Park Plan (as amended). f. The parkland shall be located in the same park benefit zone as the subdivision fulfilling the park donation requirement. g. The parkland shall be clearly visible to public safety vehicles and the neighborhood residents., Chapter 3:Subdivision Regulations Page 3-55 h. Pedestrian or vehicular access to the parkland shall be available from one (1) or more streets. Street frontage shall be required to ensure public access to the parkland and adequate on-site parking, if appropriate. i. The parkland shall be of suitable width, depth, topography and size to permit he development and/or construction of facilities listed herein and as described in the adopted Parks Plan. This requirement may vary from subdivision to subdivision depending upon the specific need being served by the dedication. j. Potable water, sanitary sewer, and electrical power shall be readily available to the parkland from an adjacent street right-of-way or public utility easement. k. The parkland shall be free of easements, pipelines, overhead utilities, and other conditions which prohibit the effective use of the property as a neighborhood park. I. The subdivider shall remove all dead tress, trash, refuse, and water materials from the dedicated parkland prior to its acceptance. m. The parkland shall have adequate drainage as determined by the City Engineer, who shall review all construction plans for any detention or retention proposed to be built on the property. (6) Fee in lieu of Dedication: A cash fee for the purchase of offsite parkland may be paid in lieu of all or part of the dedication of onsite parkland. The cash fee in lieu of parkland dedication shall be set by resolution of the City Council. All fees in lieu of dedication shall be paid prior to the recordation of the final plat or prior to the issuance of'a building permit where a plat is not required. Fees in lieu of dedication may be accepted if either of the following conditions apply: a. If requested by the subdivider, and reviewed by the Director of Parks and Recreation, the Planning and Zoning Commission may allow the option of the payment of a fee over the dedication of land within the subdivision; or b. If the Director of Parks and Recreation recommends to the Planning and Zoning Commission that land proposed for dedication by the subdivider is either unsuitable for parkland due to its size or general physical characteristics, or the proposed dedication is not consistent with the goals, policies and objectives of the City's adopted Parks Plan, as amended. (7) Park Benefit Areas/Zones: The City shall establish a separate parkland and open space account. The funds in the account shall be earmarked solely for the acquisition and development of parkland either in the same park benefit area in which the subdivision is located, or for regional parks and open space that will benefit all of the citizens of Pearland. The City shall expend cash contributions within ten (10) years of the date any such contribution is made. (8) Parkland Conveyance: a. Land proposed for dedication as public parkland or open space shall be designated on the final plat and shown as "Parkland dedicated to the City of Pearland." The acreage of the land included in the dedication shall Chapter 3:Subdivision Regulations Page 3-56 also be shown on the plat. All land designated as parkland shall be included in a separate lot, or multiple lots, that are shown on the plat. b. Park and recreation facilities in the City shall be dedicated to the City. Park and recreation facilities in the City's police jurisdiction shall be dedicated to the City. If the City does not wish to accept the dedication of _ _ public parkland in its ETJ, it shall be dedicated to the county, municipal utility district, or a homeowners' association. (as defined), subject to acceptance by such entity. c. The subdivider shall be obligated to survey corner markers at the corners of all parkland lots in accordance with the standards set forth in this Article, Division 11. d. Prior to the City's acceptance of the subdivision improvements, the subdivider shall deliver a warranty deed to the City conveying fee simple title of all parkland shown on the final plat. (9) Method of Park Dedication: The proper method of park dedication for a subdivision subject to the park dedication requirement shall be determined by the City prior to the approval of-the Final Subdivision Plat, and shall be based upon the size of the subdivision, as follows: a. 500 Dwelling Units or More — The Final Subdivision Plat of any subdivision subject to this division of the UDC that establishes five hundred (500) or more dwelling units shall include dedication of land to the City for zone parks and neighborhood park purposes. Such dedication shall be at the rate of one (1) acre of land per each fifty (50) dwelling units on the Final Subdivision Plat. b. 100 to 499 Dwelling Units— For any subdivision subject to this division of the UDC that establishes one hundred (100) to four hundred and ninety- nine (499), the City Council, in consultation with the Park Director, shall have the sole discretion to accept either a dedication of land on the Final Subdivision Plat at the above rate, or to require payment of cash in lieu thereof in the amount provided by Subsection (b)(6) above. c. Fewer than 100 Dwelling Units—The City declares that development of a park less than one (1) acre in size is impractical and creates unreasonable and unnecessary maintenance and operating expenditures. Therefore, if the proposed subdivision contains less than one hundred (100) dwelling units, the subdivider shall be required to pay cash in lieu thereof in the amount provided by Subsection (b)(6) above. No plat showing a dedication of less than one (1) acre shall be approved unless the dedicated property may reasonably be developed in conjunction with adjacent park property. (10) Excess Open Space: A subdivider may satisfy up to ten percent (10%) of the park dedication requirement by exceeding the open space requirement for the subdivision by at least thirty percent(30%). (11) Improvements to Existing Park Sites: Construction of improvements to existing public park sites or neighborhood recreational facilities located within the same park benefit zone as the subdivision fulfilling the park dedication requirement, Chapter 3:Subdivision Regulations Page 3-57 may satisfy up to fifty percent (50%) of the subdivision's park dedication requirement, subject to the following conditions. \ a. Such improvements shall be constructed in accordance with a Site Plan. The Site Plan shall include, at a minimum, a topographic element including proposed grading, landscaping and beautification elements, site facilities, recreation facilities, and existing and proposed utilities. The Site Plan shall be drawn at a scale of one inch (1") to twenty feet (20') (or other suitable scale). All approved improvements shall be designed in compliance with the EDCM standards applicable to such improvements. Additionally, the subdivider shall include details related to materials, equipment, methods of construction, warranties, assurances, and indemnifications. All proposed improvements shall be subject to the approval of the City's Parks Director. b. The Site Plan shall be approved by the City's Parks Director prior to the filing of the Final Subdivision Plat. c. Improvements proposed in the Site Plan may fall into any of the following park improvement categories. A subdivider may satisfy up to ten percent (10%) of the park dedication requirement for each category of improvements that are constructed, up to a maximum of fifty percent (50%). Any improvements proposed by the subdivider, but not included in this list, and/or any improvements which are deemed necessary at the . . site, may be rejected by the City. In addition, the City's Parks Director may approve the provision of any improvement not shown on this list in - such improvement is in compliance with the findings and recommendations of the Parks Plan. 1. Handicapped accessible playgrounds, with approved equipment, benches, and/or picnic tables ; 2. Practice athletic fields and courts for volleyball, basketball, and/or tennis; 3. Swimming Pools; 4. Natural open space consisting of at least five (5) acres of useable natural habitat, approved by the Director of Parks and Recreation, and exclusive of subdivision entry ways and open space counted for the credit allowed in (10)above; 5. Lakes with recreational amenities such as boat docks and/or fishing piers; %__ 6. Multi-purpose trails and walkways; 7. A trail connection at least eight feet (8')wide for public use that links the'subdivision to the City's hike and bike trail. d. All improvements constructed pursuant to this division of the UDC are subject to final acceptance by the Parks Director. If any or all of the improvements are deemed unacceptable, the subdivider shall make up that portion of the park donation requirements that would have been satisfied by the unacceptable improvements by payment of a cash donation prior to the final acceptance of the subdivision by the City. Chapter 3:Subdivision Regulations Page 3-58 (12) Expenditure of Collected Funds: a. Special Fund- There is hereby established a special fund for the deposit of all sums paid in lieu of parkland dedication under this division of the UDC. This fund shall be known as the parkland dedication fund. Monies placed in this fund may not be utilized for any other general business activity of the City. Monies may be expended from this fund only for the following: 1. The purchase, lease, or other acquisition of parkland and open space; 2. The improvement preparation and maintenance of such areas and sites; 3. The installation of utilities to such sites; 4. The construction of landscaping, play equipment or recreation improvements on such sites; or 5. Attendant engineering and planning costs associated with such park activities. b. Right to Refund - The City shall account for all sums paid in lieu of parkland dedication under this division with reference to the individual plats involved. Any fins paid for such purposes must be expended by the City within ten (10) years from the date received by the City for acquisition and/or development of City parks. Such funds shall be considered to be spent on a "first in, first out" basis. If not so expended, the subdivider or the owner of the subdivision on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage or area basis. The owners of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be forfeited. Ord. No. 2000T-2, Section 3.2.10.1., February 26, 2007. Ord. No. 2000T-8, Section 3.2.10.1., August 25, 2008. Division 11 — Sidewalks &Alleys Section 3.2.11.1 Sidewalks (a) Required in Subdivisions. Sidewalks are required along both sides of all streets, in accordance with the City's adopted Thoroughfare Plan, in all subdivisions (residential or nonresidential). (b) Installation. Sidewalks shall be installed as follows: (1) Sidewalks shall be located on the front of lots and along the street sides of corner lots. (2) Sidewalks shall be constructed in compliance with the width and location requirements indicated in the City of Pearland EDCM. Chapter 3:Subdivision Regulations Page 3-59 (c) Requirements for Sidewalks in Existing Platted Subdivisions. Sidewalks are required on all existing vacant lots, all lots where an existing building undergoes expansion greater than 500 square feet, and on all lots that are planned for redevelopment, in accordance with Subsection (1) above. (d) Width Along Street Types. Sidewalks at least six feet(6') in width shall be installed along both sides of thoroughfares and collectors in accordance with the City's adopted Thoroughfare Plan. Sidewalks at least four feet (4') in width shall be installed along both sides of all other streets in accordance with the City's adopted Thoroughfare Plan. (e) Completion of Construction. Construction of required sidewalks shall be complete prior to the issuance of a Certificate of Occupancy when a new building or development is occurring. In the case of building expansion greater than 500 square feet, sidewalk construction shall be complete prior to issuance of building permit for • said expansion. (f) Exception to These Requirements.Sidewalks shall not be required: (1) along any side of a minor street that abuts residential property that utilizes open ditches for the drainage of stormwater, or (2) along controlled-access freeways unless frontage roads exist or will be constructed in conjunction with the development. (g) Payment in Lieu of Construction. The City may accept payment, at the then prevailing rate for similar construction, as determined by the City, in lieu of actual construction of required sidewalks for the following properties: (1) infill lot located on'a roadway with no existing sidewalks; or (2) any lot on a roadway with no existing sidewalk and for which the City has plans to make improvements that could damage or destroy any sidewalk installed before the completion of the improvements. Ord. No. 2000T-2, Section 3.2.11.1., February 26, 2007. Section 3.2.11.2 Alleys (a) Alleys in Nonresidential Districts. Service alleys in nonresidential districts, if provided or constructed by the developer, shall be a minimum right-of-way width of twenty feet(20') and a minimum pavement width of twenty feet(20'). (b) Alleys in Residential Districts. In residential districts, alleys shall be parallel, or approximately parallel, to the frontage of the street. Two-way alleys in residential districts shall provide a minimum of twenty feet (20') of right-of-way and twenty feet (20') of pavement. One-way alleys shall provide a minimum of sixteen feet (16') of right-of-way and fifteen feet (15')of pavement. (c) General Design Standards. (1) Alleys shall be paved in accordance with the City's EDCM and construction standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application. Chapter 3:Subdivision Regulations Page 3-60 (2) Where the deflection of alley alignment occurs, the design of the paving and property line shall be as established by the EDCM. (3) Dead-end or "hammerhead" alleys shall not be allowed. Alleys must have adequate turnouts and street entrances such that vehicular traffic flow is continuous and efficient. Where a temporary dead-end alley situation is unavoidable, a temporary turnaround bulb or turnout onto a street, either of which will need a temporary easement for street or alley purposes, shall be provided as determined by the City Engineer. (4) Alleys may not exceed a maximum length of sixteen hundred feet (1,600'), as measured along the centerline of the alley and between intersections with other alleys or entrances onto streets (at the right-of-way line of the street at the alley entrance). Any request for a variance of alley length shall be considered based on the following: a. Alternative designs which would reduce alley length; b. The effect of overlength alleys upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in accessing rear driveways and in driving around to the front of their homes; and c. Means of mitigation, including but not limited to additional mid-block alley turnouts, limitation on the number of lots to be served along a single alley segment, temporary points of access, and additional fire protection measures. (5) Alley intersections shall be perpendicular and at a ninety degree (90 ) angle or radial to the intersecting alley centerline for the full alley right-of-way width, and intersection pavement shall be of sufficient width and inside radius to accommodate waste collection and emergency vehicles. Intersections shall be three-way wherever possible, and four-way intersections shall be avoided. No alley intersection serving more than four directions shall be allowed. Division 12— Fire Lanes & Fire Department Access Section 3.2.12.1 Reference (a) Reference. See the City's adopted Fire Code. Division 13- Easements 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 Chapter 3:Subdivision Regulations Page 3-61 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) Fencing. A wall, fence or screen shall be permitted over any utility easement 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. 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 r-- 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. Where alleys are not provided in a residential subdivision, a minimum ten foot wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line, for the potential placement of utility facilities. "Wet" utility easements shall be provided along the front of all lots. "Dry" utility Chapter 3:Subdivision Regulations Page 3-62 r"` 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.) Section 3.2.13.3 Drainage Easements (a) Reference. See the City's Engineering Design Criteria Manual (EDCM). Section 3.2.13.4 Lot Area (a) A lot's area shall be computed inclusive of all required public and utility easements. However,,the area of required easements on a lot shall in no case exceed one-half of the lot size. If the property owner disputes the total easement area required for any lot, the owner shall submit a written computation of the percentage of the lot occupied by easements to the City Engineer. The City Engineer shall, in coordination with affected entities, consider a reduction in the area of required easements for the lot. Division 14—Lot Design & Improvement Standards Section 3.2.14.1 Blocks - Determination and Regulation of Size (a) Determination Criteria. The length, width, placement, and shape of blocks shall be determined with due regard to the following: (1) Provision of adequate building sites suitable to the special needs of the type of use contemplated; (2) Zoning requirements as to lot sizes, setbacks and dimensions (if within the City's corporate limits); and (3) Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site or other facility within or close to the neighborhood. (b) Streets. Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary subdivision practices. (c) Block Lengths. Where no existing subdivision or topographical constraints control, the block lengths shall not exceed 1,600 feet in length along major thoroughfares and 1,200 feet along other streets. 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 or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased (through issuance of a variance with plat approval) to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. 1 Chapter 3:Subdivision Regulations Page 3-63 Section 3.2.14.2 Lots - Determination and Regulation of Size (a) Zoning District Requirements, If Applicable. Lots shall conform to the minimum requirements of the established zoning district, if located within the City's corporate limits. (b) General Shape and Layout. The size, width, depth, shape and orientation of lots, and the minimum building setback lines shall be designed to assure the adequate provision of public facilities and the purpose of these subdivision regulations (within this Chapter 3 of the UDC), taking into consideration the location and size of the subdivision and the nature of the proposed uses. (c) Irregularly-Shaped Lots. Irregularly-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district (if within the City's limits), and shall provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present (minimum 20-foot alley frontage). In general, triangular, severely elongated (in excess of a 3 to 1 depth to width ratio) or tapered, or flag lots shall be not be permitted, except as provided in Section 2.6.1.1 (b) (1). Lot depth and width shall be measured as shown in Chapter 2, Figure 2-4, The City reserves the right to disapprove any lot which, in its sole opinion, will not be suitable or desirable for the purpose intended or which is so oddly shaped as to create a hindrance to the logical lot layout of surrounding properties. (d) Side Lot Line Configuration. Side lot lines shall be at ninety degree (90 ) angles or radial to street right-of-way lines to the greatest extent possible. The City reserves the right to disapprove any lot which, in its sole opinion, is shaped or oriented in such a fashion as to be unsuitable or undesirable for the purpose intended, or which is not attractively or appropriately oriented toward its street frontage. (e) Double Frontage Lots. Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from major thoroughfares, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, are not screened, , Street and/or are provided access directly onto a 1 major thoroughfare, building setback lines Corner ' Interior Corner �\ Lot I Lot I Lot shall be established for each street side, 1 1 and rear yard screening shall be provided Double Frontage Through Lot in accordance with Chapter 4, Article 2, Division 4. Residential lots shall not back ; T onto anyresidential street or collector Interior Flago Interior street within a residential area or Lot `ot neighborhood, provide direct access onto a E - thoroughfare, or have more than one-half Interior Corner Corner of its perimeter boundaries along streets. Lot _ Lot (f) Extra Depth and Width in Certain Cases. Street Additional depth shall be required by the r 1 Planning and Zoning Commission when a I I Figure 3-1: Types of Lots Chapter 3:Subdivision Regulations Page 3-64 lot in a residential area backs up to a railroad right-of-way, a high pressure gasoline, oil or gas pipeline, an electric transmission line (69 kv or higher), a thoroughfare, an industrial area, or other land Use that has a depreciating effect on the residential use of the property and where no marginal access street or other street is provided at the rear of the.lot. A depth in excess of 140 feet shall not be required. Where a lot sides to any of the uses listed in this subsection, additional width shall be required by the Commission, but a width in excess of 75 feet shall not be required. (g) Lots Adjacent To or In Floodplains. Subdivision of property in a designated floodplain must meet the requirements for floodplain management in the City's adopted Flood Hazard Prevention Ordinance and/or Chapter 30 of the City Code, as applicable. (h) Landscaping and Buffering. The design of lots shall take into consideration the requirements of Chapter 4 pertaining to landscaping and buffering, specifically in situations where the subdivision will be adjacent to areas of different land uses or when residential densities or different land uses or various residential densities will be developed within the subdivision. (i) Building Lines. Front building lines shall be shown for all lots on all plats submitted for land within the City's ETJ. (j) Access. Each lot shall have access to a public street or a private street built to city standards by direct frontage on such street. The minimum required frontage of a lot shall be equal to the minimum lot width allowed for the zoning district in which the lot is located. The Planning and Zoning Commission may approve a minor subdivision plat containing lots that do not have frontage on a public street, as long as such lots: (1) are pre-existing and the plat does not include a division of land that creates any new lots lacking frontage on a public street. (2) have existing access to a public street via not more than one (1) permanent, valid access easement that is: a. recorded in the county real property records; b. appurtenant to (runs with)the land; c. at least fifteen feet (15') wide and no more than two hundred feet (200') long; d. cleared of trees, shrubs, debris, structures, and other obstacles to vehicular traffic; and e. improved to the City's minimum standards for driveways (3) are zoned for single family residential use; and (4) are either currently being used as residences or have been used as residences in the past and have not been vacant more than eighteen (18) months. As used in this section, the term "pre-existing" shall mean that, on the later of March 9, 1981 or the date the property was annexed into the City, the property was in the same configuration, as indicated by deed records, as is being shown on the minor subdivision plat. Chapter 3:Subdivision Regulations Page 3-65 Ord. No. 2000T-2, Section 3.2.14.2., February 26, 2007. Ord. No. 2000T-8, Section 3.2.14.2., August 25, 2008. Section 3.2.14.3 Monuments & Markers (a) Placement. Four monuments shall be set along the right-of-way boundary and two monuments shall be visible from each other. Permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction or as the City Engineer may require. (b) Requirements for Monuments and Lot Markers. Four(4) monuments should be set on subdivision corners along the right-of-way. A monument shall be made of an iron stake one-half inch (1/2") in diameter and twenty-four inches (24") long. For lot markers, stakes shall be twenty-four inches (24") long and set with cap and stamp. Longer stakes should be used in softer soils. (c) Requirements for Subdivision Monuments. (1) Subdivisions less than five (5) acres shall have at least two (2) monuments installed. (2) Subdivisions between five (5) and ten (10) acres shall have at least four (4) monuments installed. (3) Any subdivision greater than ten (10) acres shall have more than four (4) monuments installed along the right-of-way boundary for the subdivision.as determined by the City Engineer. (4) The location of all monuments is subject to approval by the City Engineer. : 1 . 1 1 1 �-1 Chapter 3:Subdivision Regulations Page 3-66 Y,I " 1 , o UNIFIED DEVELOPMENT CODE CHAPTER 4 : SITE DEVELOPMENT • • , • Chapter 4:Site Development Page 4-1 r 0 1 1 Chapter 4• Site Development • Chapter Table of Contents Article 1 — Development Procedures & Requirements 4-4 Division 1 —Site Plans 4-4 Section 4.1.1.1 Purpose &Applicability 4-4 Section 4.1.1.2 Submission & Contents 4-4 Section 4.1.1.3 Review, Approval, Appeal & Revisions 4-5 • Section 4.1.1.4 Expiration & Extension 4-6 • Division 2—Construction Permits 4-7 ' Section 4.1.2.1 General Provisions 4-7 Section 4.1.2.2 Site Preparation Permit 4-8 • Section 4.1.2.3 Building Permit 4-10 • Section 4.1.2.4 Certificates of Occupancy 4-11 Section 4.1.2.5 Floodplain Permit 4-11 0 Section 4.1.2.6 Sign Permit 4-11 • Division 3— Improvements Required Upon Expansion 4-13 0 Section 4.1.3.1 Purpose &Applicability 4-13 0 Section 4.1.3.2 Improvements & Related Triggers 4-14 0 Division 4— Maintenance of Improvments 4-15 ' Section 4.1.4.1 Maintenance of Improvements Required 4-15 0 Article 2—Development Standards 4-15 ' Division 1 — Parking 4-15 Section 4.2.1.1 Off-Street Parking Spaces Required 4-15 0 Section 4.2.1.2 Minimum Requirements &Standards 4-16 0 Section 4.2.1.3 Design & Construction Standards 4-22 ' Section 4.2.1.4 Off-Street Parking Lot Construction -Subbase 4-26 Section 4.2.1.5 Off-Street Parking Lot Construction— Flexible Base 4-27 0 Section 4.2.1.6 Off-Street Parking Lot Construction—All-Weather Surface 4-28 0 Division 2 — Landscaping 4-29 Section 4.2.2.1 Purpose 4-29 0 Section 4.2.2.2 Enforcement 4-30 Section 4.2.2.3 Applicability to New and Existing Developed Areas 4-31 0 Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, 0 Multiple- Family, &Single-Family Development 4-32 ' Section 4.2.2.5 General Requirements 4-36 Section 4.2.2.6 Landscape Plan Approval 4-38 0 Section 4.2.2.7 Variances or Appeals 4-38 r Section 4.2.2.8 Requests for Extension of Time 4-39 - -' Division 3—Tree Mitigation 4-39 0 ' Chapter 4:Site Development Page 4-2 0 1 r ) 0 ' 0 Section 4.2.3.1 Intent 4-39 ' Section 4.2.3.2 Definitions 4-39 Section 4.2.3.3 Tree Removal Permit 4-41 • Section 4.2.3.4 Applicability 4-42 ' ' Section 4.2.3.5 Approval Process and Administrative Procedures 4-42 ' Section 4.2.3.6 Submittal Requirements 4-42 Section 4.2.3.7 Tree Replacement Requirements 4-43 • Section 4.2.3.8 Tree Protection 4-45 • Section 4.2.3.9 Tree Planting Regulations 4-47 Section 4.2.3.10 Violations/Enforcement 4-48 • Division 4—Screening & Fencing 4-49 Section 4.2.4.1 Screening 4-49 Section 4.2.4.2 Screening for Utility Support Structures and Stations 4-53 • Section 4.2.4.3 Fencing 4-54 • Division 5—Signage 4-56 0 Section 4.2.5.1 General Standards & Requirements 4-56 Section 4.2.5.2 On-Premise Attached Signs 4-59 • Section 4.2.5.3 On-Premise Ground Signs 4-60 • Section 4.2.5.4 Multi-Tenant Signs 4-64 ' Section 4.2.5.5 Temporary Signs 4-66 Section 4,2.5.E Replacement& Repair of Signs 4-69 • Section 4.2.5.7 Unsafe Signs 4-69 0 Section 4.2.5.7 Signs on Utility Poles 4-69 ' Section 4.2.5.9' General Exemptions 4-69 • Division 6— Manufactured/Mobile Home Parks & Recreational Vehicle Parks 4-70 • Section 4.2.6.1 Applicability 4-70 ) Section 4.2.6.2 Site Design Requirements _ 4-70 • Section 4.2.6.3 Access, Traffic Circulation, and Parking 4-72 Section 4.2.6.4 Street Lighting 4-73 0 Section 4.2.6.5 Fire Safety Standards 4-73 • Section 4.2.6.6 Recreational Area 4-73 Section 4.2.6.7 Water Supply 4-73 • Section 4.2.6.8 Sewage Disposal 4-73 • Section 4.2.6.9 Electrical and Telephone Distribution System 4-74 ' Section 4.2.6.10 Service Buildings and Other Community Service Facilities. 4-74 Section 4.2.6.11 Fuel Supply and Storage 4-74 Section 4.2.6.12 Register of Occupancy 4-74 Section 4.2.6.13 Skirting Required; Maintenance of Additions 4-75 Section 4.2.6.14 Recreational Vehicle Parks 4-75 10 ' ) ) • a,) Chapter 4:Site Development ) Page 4-3 M 4 Article 1 - Development Procedures & Requirements Division I — Site Plans Section 4.1.1.1 Purpose &Applicability (a) Purpose: This Section establishes a review process for all types of development, except single-family in a platted subdivision. The purpose of a Site Plan is to ensure that a development project is in compliance with all applicable City ordinances and guidelines prior to commencement of construction. Approval of the Site Plan is required prior to site construction. 1. Exemptions & Exceptions: Site plan review shall not be required for single- family detached or two-family residential developments, unless the proposed subdivision will include a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.) or a golf course, or unless the proposed subdivision will have private (not public) streets. In these instances, Site Plan submission and approval will be required for the private amenity or facility, the golf course clubhouse/hospitality area, and the gated (restricted access) entrances. (b) Applicability: Submission and approval of a Site Plan shall be required for all nonresidential (including churches, schools, etc. within residential areas), Old Townsite, mixed-use, townhouse, single-family attached, and multi-family residential projects. The Planning Director shall be the responsible official for processing of a Site Plan. 1. Building Permit Issuance: Site plans shall be submitted prior to or in conjunction with a building permit application. No building permit shall be issued until a Site Plan, if required, and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the Site Plan and engineering/construction plans, as approved by the City. (c). Extent of Area That Should Be Included In a Site Plan: When the overall development project is to be developed in phases, the Site Plan area shall include only the portion of the overall property that is to be developed/constructed. Section 4.1.1.2 Submission& Contents (a) Procedures & Submission Requirements For Site Plan Approval: Submission of an application for Site Plan approval shall be preceded by a pre- application conference with the City (see Section 1.2.1.5). To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for Site Plan review applications. All applications and related contents shall be submitted consistent with these requirements, a checklist of which shall be supplied by the Planning Department: Chapter 4: Site Development Page 4-4 1 Section 4.1.1.3 Review, Approval, Appeal & Revisions (a) Review & Approval of a Site Plan: (1) City Staff Review & Approval of Site Plans: Upon official submission of a complete application of a Site Plan for approval, the Director of Planning, or his/her designee, and the Building Official, or his/her designee shall review the development proposal in terms of' its compliance with these and other applicable City regulations. Following City staff review of the plan and supporting. documents, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected plan to the Building Official (or designee) within twenty-one (21) calendar days of the initial City staff review. Upon further review and finding that all revisions have been made in conformance with aforementioned discussions, the Building Official, upon consultation with the Planning Director, may approve, approve subject to certain conditions, or not approve the Site Plan. (2) City Staff Review of Site Plans for PDs and CUPs: Site Plans for a Planned Development (PD) or a Conditional Use Permit (CUP) will be processed according to the procedures prescribed for those applications in Chapter 2, Division 2 and 3, respectively. 4" (3) Appeal of City Staff Decision: The applicant or property owner may appeal the decision of the Planning Director to the Planning and Zoning Commission by filing a written Notice of Appeal in the office of the Planning Director no later than ten (10) calendar days after the date upon which the Planning Director denied the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The Planning and Zoning Commission shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date upon which the Notice of Appeal was filed. (4) Final Approval in Case of Appeal: The Planning and Zoning Commission shall determine final approval or disapproval of all Site Plan applications. (b) Revisions to the Approved Site Plan: (1) Minor Revisions/Amendments: It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the Director of Planning, or his/her designee, shall have the authority to approve minor modifications to an approved Site Plan (which shall be submitted as an "amended Site Plan" which substantially conforms to the previously approved Site Plan). Submission materials and requirements for approval of an amended Site Plan shall be as determined by the Director of Planning, or his/her designee. (2) Major Revisions: In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a "revised Site Plan" must be resubmitted, reviewed, and approved by the Director of Planning (or his/her designee). Revised Site Plans for Planned Developments (PDs) and Conditional Use Permits (CUPs) must be resubmitted and reviewed by the Director of Planning (or his/her designee) and must be reconsidered by the Planning and Zoning Commission and/or the City Council Chapter 4:Site Development Page 4-5 • • • in accordance with the procedures set forth in Chapter 2, Divisions 2 and 3, as • applicable. • (c) Standards for Site Plan Review & Evaluation: The Director of Planning, or his/her • designee, and the Building Official, or his/her designee, shall review the Site Plan for compliance with all applicable City ordinances with respect to the following: • (1) The plan's compliance with all provisions of chapters 2, 3, and 4 of this UDC, and other applicable ordinances. (2) The relationship of the development to adjacent uses in terms of harmonious • design, façade treatment, setbacks, building materials, maintenance of , property values, and any possible negative impacts. • (3) The provision of a safe and efficient vehicular and pedestrian circulation • system (driveways, TIA, etc.). •, (4) The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. • (5) The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and • emergency equipment to buildings. (6) The coordination of streets so as to arrange a convenient system consistent • with the Thoroughfare Plan of the City of Pearland, as amended. (7) The use of landscaping and screening to provide adequate buffers to shield • lights, . noise, movement, or activities from adjacent properties when S necessary,. • (8) Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent • properties. • (9) Protection and conservation of water courses and areas that are subject to flooding. (10)The adequacy of water, drainage, sewerage facilities, solid waste disposal, and • other utilities necessary for essential services to residents and occupants. (d) Effect of Review/Approval: The Site Plan shall be considered authorization to proceed with application for a building permit for the site. 4 Section 4.1.1.4 Expiration & Extension • (a) Validity& Lapse of Site Plan Approval: (1) The approved Site Plan shall be valid for a period of six (6) months from the date of final approval unless a complete application for a building permit has been submitted and approved within such period. (2) Extension & Reinstatement Procedure: Prior to the lapse of approval for a Site Plan, the applicant may petition the City (in writing)to extend the plan approval. If no petition for extension of Site Plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new Chapter 4:Site Development Page 4-6 1 request for Site Plan approval shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section. (b) Determination of Extension. The Planning Director may extend the Site Plan for a period not to exceed six (6) months, taking into consideration the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the Site Plan at that point in time. (c) Number of Extensions & Time Period. If granted an extension, a Site Plan shall be permitted one (1) extension only for a period not to exceed six (6) months. Division 2— Construction Permits Section 4.1.2.1 General Provisions (a) Terminology. The terms "construction permit" or "building permit" refer to any authorization to construct, alter or place a structure on a lot, tract or parcel. The terms exclude an authorization to construct a capital improvement to be dedicated to the public in support of a proposed land use, the grading of land, the removal of vegetation, and other activities authorized to prepare a development site for construction of a structure. (b) Effect. Approval of a construction permit authorizes the property owner to place or construct the structure on the lot, tract or parcel in accordance with the terms of the permit. Approval of a construction permit confirms that the application conforms to all requirements of this Unified Development Code pertaining to the construction of the proposed structure. (c) Rules of Priority Among Construction Permits. The following rules of priority apply among construction permits. (1) A floodplain permit shall be approved prior to a building permit. (2) A building permit shall be approved prior to a certificate of occupancy. (3) Where a building permit is required, an application for a sign permit may accompany the application for a building permit, provided that the building permit application is decided first. (d) Prior Approvals. An application for a construction permit is the last step in the development process. All zoning approvals, subdivision plats and site preparation permits needed for development shall be approved before an application for a construction permit may be approved. Chapter 4:Site Development Page 4-7 Section 4.1.2.2 Site Preparation Permit (a) Purpose, Applicability, Exceptions and Effect. (1) Purpose: The purpose of a Site Preparation Permit, also referred to as a Site Work Permit, shall be assure that preparatory construction activities on the development site will meet City standards prior to soil disturbance, construction or placement of a structure on the tract, parcel or lot. A.Site Preparation Permit application may consist of a series of schematic drawings designed to satisfy one or more criteria governing the decision on the permit. (2) Applicability: Approval of a Site Preparation Permit is required prior to any non-exempt development of land within the City limits or within the City's extraterritorial jurisdiction. (3) Exemptions: The requirements of a Site Preparation Permit do not apply in whole or in part to the following activities or land uses: a. Clearing that is necessary only for surveying purposes. b. Construction or placement of a single-family dwelling, duplex dwelling or industrialized home on a legally platted lot, except for the following: 1. Landscaping, open space and tree preservation standards; 2. Public facilities standards related to subsurface sewage disposal; or 3. Floodplain improvement standards. c. Infrastructure or lot improvements authorized under approved construction plans for a finally platted subdivision or development plat, provided that no soil disturbance or construction activities occur prior to approval of such plans. d. Agricultural uses. (4) Effect: Approval of a Site Preparation Permit authorizes site preparatory activities other than construction or placement of a structure on the land, subject to the terms of the permit and for the duration of the permit. Approval of a Site Preparation Permit also authorizes the property owner to apply for a building permit. (b) Application Requirements. (1) Responsible Official: The Building Official shall be the responsible official for a Site Preparation Permit. (2) Submittal: All applications shall be submitted on a form supplied by the Engineering Department with the required information as stated on the application form. (3) Prior Approvals: An application for a Site Preparation Permit shall not be approved unless a final subdivision or development plat has been approved for the land. Inside city limits, the property subject to the Site Preparation Permit shall be appropriately zoned for the intended use. (4) Accompanying Applications: A Site Preparation Permit may be accompanied by an application for a building permit for the same land, provided that the Site Preparation Permit shall be decided first. Chapter 4:Site Development Page 4-8 (c) Processing of Application & Decision. (1) Decision: The Building Official shall initially approve the application for a Site Preparation Permit, approve the application with conditions, or deny the application, subject to appeal as provided in Chapter 1, Article 3, Division 1 of this UDC. (2) Notification: The Building Official shall notify the applicant of his/her decision in accordance with Chapter 1, Article 2, Division 2 of this UDC. (3) Time for Decision: The application for a Site Preparation Permit shall be decided within thirty (30)working days of the official filing date. (4) Revised Permit Application: If the conditions of approval require revision to the Site Preparation Plan, a properly revised Site Preparation Plan shall be submitted to the Building Official within ten (10) working days of receipt of the notice of decision. The Building Official shall have an additional twenty (20) working days to approve or deny the revised application. (d) Criteria for Approval. The following criteria shall be used to determine whether the application for a Site Preparation Permit shall be approved, approved with conditions, or denied: (1) The Site Preparation Permit is consistent with the approved construction plans. (2) The Site Preparation Permit is consistent with any approved petitions or applications for the same property; (3) Where not exempted or satisfied through approval of prior development applications, the following standards in the UDC and the City Code of Ordinances have been satisfied: a. The cut and fill standards in the City's adopted Building Code, as amended, as well as any other applicable codes and regulations, have been met; b. The erosion and sedimentation standards in the City's adopted Building Code, as amended, as well as any other applicable codes and regulations, have been met; c. If construction plans have not been approved, no disturbance of the soil more than six inches (6") below existing grade shall be permitted; d. The Site Preparation Permit is consistent with tree preservation and mitigation requirements in Division 2 of Article 3 of this Chapter. e. The detention requirements prior to and during' construction as outlined within the EDCM. (e) Appeals & Relief Procedures. (1) Appeal: The applicant for a Site Preparation Permit or any interested person may appeal the decision of the Building Official to the Building Board of Adjustments in accordance with Chapter 1, Article 3, Division 1 of this UDC. The Board may sustain, modify or reverse the Building Official's decision. The Board may sustain, modify or reverse the Building Official's decision. (2) Waiver Petition: A petition seeking to vary standards applicable to the Site Preparation Permit shall be filed, processed and decided by the Building Board Chapter 4:Site Development Page 4-9 of Adjustments in accordance with Chapter 1, Article 3, Division 4 of this UDC prior to the decision on the Site Preparation Permit. (3) Vested Rights Petition: Where an applicant claims exemption from one or more requirements applicable to a Site Preparation Permit under this Unified Development Code on grounds of vested rights, the applicant may submit a vested rights petition to the Building Official prepared, and appealed if applicable, in accordance with Chapter 1, Article 3, Division 3 of this UDC. (f) Expiration & Extension. (1) Time of Expiration: A Site Preparation Permit expires if development authorized by the permit has not commenced on the property subject to the permit within ninety (90) days after final approval of the permit. The Site Preparation Permit may be revoked if a building permit or other permit authorizing construction of a structure on the property has not been issued within one (1) year after the date of approval of the permit, or, if no permit is required, construction of a structure has not commenced on the development site within such period. (2) Extension: A Site Preparation Permit may be extended for a period not to exceed an additional ninety (90) days by the responsible official, within which development authorized by the permit on the property subject to the permit must be commenced. The date for issuance of a construction permit or commencement of construction of a structure may be extended by the responsible official for a period not to exceed one (1)year. ) Ord. No. 2000T-8, Section 4.1.2.2., August 25, 2008. 1 Section 4.1.2.3 Building Permit (a) Applicability. An application for a building permit is required within the City limits, or where provided for in a development agreement, in the City's extraterritorial jurisdiction, prior to placement, construction or alternation of a building or structure. (b) Effect. Approval of an application for a building permit authorizes, the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy. (c) Application Requirements. (1) Responsible Official: The Building Official shall be the responsible official for a building permit. - (2) Contents: All applications shall be submitted on a form supplied by the Building Official's office with the required information as stated on the application form. (d) Decision. The Building Official shall approve, conditionally approve or deny the , ) application for a building permit. Chapter 4:Site Development Page 4-10 1 (e) Appeals. The applicant or any interested person may appeal the Building Official's decision on the building permit application to the Building Board of Adjustments & Appeals. (f) Reference. Refer to the City's adopted Building Code for further information. (g) Not Available for Debtors. The City may refuse to issue a building permit to any person who owes an outstanding debt to the City for any reason, except ad valorem taxes and special assessments. Ord. No. 2000T-2, Section 4.1.2.3., February 26, 2007. Section 4.1.2.4 Certificates of Occupancy (a) Applicability. An application for a certificate of occupancy is required within the City limits, or where authorized by a development agreement, in the City's extraterritorial jurisdiction, after the construction, alteration or placement of a structure on a lot, tract or parcel and prior to habitation or any use of the structure, or any occupation of a manufactured home rental community. A certificate of occupancy also is required prior to a change in the use of any structure if the use is a different use based upon the land uses listed in Article 5, Division 2 of Chapter 2 (Land Use Matrix). (b) Effect. Approval of a certificate of occupancy authorizes habitation or other occupancy of the structure in accordance with the terms of the certificate. (c) Application Requirements. (1) Responsible Official: The Building Official shall be the responsible official for a certificate of occupancy. (2) Contents: All applications shall be submitted on a form supplied by the Building Official's office with the required information as stated on the application form. (d) Decision. The Building Official shall approve or deny the application for a certificate of occupancy. (e) Reference. Refer to the City's adopted Building Code for further information. Section 4.1.2.5 Floodplain Permit (a) Reference. Refer to the City's adopted Flood Hazard Prevention Ordinance, Ordinance No. 532 and No. 532-4, as amended. Section 4.1.2.6 Sign Permit (a) Purpose. The purpose of a sign permit is to authorize the display, erection, rebuilding, expansion or relocation of any non-exempt sign authorized under the UDC. (b) Applicability. A sign permit is required within the City limits for all non-exempt signs, and for off-premise signs in the City's extraterritorial jurisdiction. Chapter 4:Site Development Page 4-11 , 1 (1) All signs, whether or not a sign permit is required under this section, shall comply with all other City Codes, including the Electrical and Building Codes. (2) Electrical permits pursuant to the electrical code in the City's code of ordinances are also required for electric signs, except those designed to be plugged into an existing electric outlet. (c) Exemptions. The following signs and activities do not require a sign permit: \ (1) Signs authorized by Section 4.2.5.3 (b) (8). p (2) Signs authorized by Section 4.2.5.3 (b) (11.) and erected on residential property. (3) Signs authorized by Section 4.2.5.5. (d) (1). (4) Signs authorized by Section 4.2.5.5 (d) (2) and erected on residential property. (5) Signs authorized by Section 4.2.5.5. (d) (3) c. I (6) Signs authorized by Section 4.2.5.9. (7) Flags authorized.by Section 4.2.2.5 (e) (8) Signs that were previously permitted and in existence before the effective date of this UDC. '(d) Effect of Approval. Approval of a sign permit authorizes the placement, construction, repair or other activity authorized by the permit in accordance with its terms. (e) Application Requirements. (1) Responsible Official: The Building Official or his/her designee is the responsible official for a sign permit. (2) Contents: An application for a sign permit shall be prepared in accordance with application forms available in the Community Development Department. (f) Decision. (1) Approval, Denial, Appeal: The Building Official shall either approve, conditionally approve or deny the application for a sign permit. If a variance petition has been submitted to the City Council, the Community Development Director shall suspend the Building Official's decision until after the petition is decided. - p (2) Time for Decision: The Building Official shall make a decision on the permit r. ) within five (5) working days after the official filing date, or, if a variance petition , is pending, within five (5) working days of the date the Building Official is notified of the City Council's decision on the petition. (3) Amendments: After the approval of a sign permit, an applicant shall not be required to submit an amended application, if proposed amendments do not involve changes to the location, sign type, electrification or increase in size or height of the sign. ;-' Chapter 4:Site Development Page 4-12 (g) Appeal and Relief Procedures. (1) Appeal: The applicant may appeal the Building Official's decision on a sign permit to the Zoning Board of Adjustment (ZBA) in accordance with Chapter 1, Article 3, Division 1. The Council shall decide the appeal in accordance with the same. (2) Vested Rights Petition: The applicant may file a vested rights petition with the application for a sign permit. The petition shall be decided in accordance with the procedures in Chapter 1, Article 3, Division 3. (h) Criteria for Approval. The Building Official, or the City Council on appeal, shall decide whether to approve, conditionally approve or deny a sign permit application based upon the following criteria. (1) The application is consistent with any building permit required to establish the use to which the sign is appurtenant; (2) The application conforms to the approved Site Plan for the land on which the sign is to be placed; (3) The application conforms to any special sign standards contained in overlay districts or planned development districts authorized under Chapter 2 of this UDC.; (4) The application meets the sign standards in Article 2, Division 5 of this Chapter 4. (i) Expiration. A sign permit shall expire within ninety (90) days of approval of the permit, if construction or other authorized activity has not commenced on the sign. If a sign permit is issued in conjunction with a building permit, the sign permit shall expire upon expiration of the building permit, and the sign must be completed at the time the structure is completed. If a conforming on-premise sign is removed for a period of six (6) months, a new sign permit shall be required. (j) Extension and Reinstatement. The Building Official may grant an extension of the expiration date or reinstate an expired sign permit for a period not to exceed one hundred and eighty(180) days pursuant to Chapter 1, Article 2, Division 5. Ord. No. 2000T-2, Section 4.1.2.6., February 26, 2007. Ord. No. 2000T-3, Section 4.1.2.6., July 9, 2007. Ord. No. 2000T-9, Section 4.1.2.6., October 27, 2008. Division 3- Improvements Required Upon Expansion Section 4.1.3.1 Purpose &Applicability (a) Purpose. This Section outlines when an expansion to an existing, developed property shall result in the required improvements of this UDC being met. Chapter 4:Site Development Page 4-13 : 1 (b) Applicability — Existing, Developed Property. Submission and approval of a Site Plan in accordance with Article 1, Division 1 of this Chapter 4 shall be required when an expansion to an existing, developed property trigger the required improvements of this UDC. (c) Non-Applicability — New Development. Nothing in this division shall preclude a new development occurring on previously undeveloped property from having to comply with the required improvements within this division or in any other portion of this UDC. (d) Special Exceptions. For nonconforming existing developments to comply with improvements addressed within this division, there may also be special exceptions granted by the Zoning Board of Adjustment, as outlined in Chapter 2, Article 7 of this 1 UDC. Section 4.1.3.2 Improvements & Related Triggers (a) Required Improvements. The following improvements required by this UDC shall be adhered to when an expansion triggers such improvements: (1) Facade Materials: As required within the applicable zoning district (Chapter 2) and/or in Chapter 2, Article 6, Division 2. I (2) Sidewalks: As required within the applicable zoning district (Chapter 2) and/or I in Chapter 3, Article 2, Division 11. (3) Parking: As required within the applicable zoning district (Chapter 2) and/or in Chapter 4, Article 2, Division 1. (4) Landscaping: As required within the applicable zoning district (Chapter 2) and/or in Chapter 4, Article 2, Division 2. (5) Screening/Fencing: As required within the applicable zoning district (Chapter ' 2) and/or in Chapter 4, Article 3, Division 4. (b) Triggers. Expansions to an existing property that meet the following shall trigger all of the improvements outlined in (a) above, unless otherwise specified: (1) Structure Square Footage: Any expansion of a structure shall trigger the improvements required under(a) (3) and (a) (5). An expansion of a structure I that exceeds five hundred square feet (500 sq. ft.) shall trigger the improvements required under (a) (1), (a) (2), and (a) (4). Partial enclosure of existing loading docks shall not trigger these improvements. (2) Structure or Property Value: An expansion or improvement of a structure that improves the appraised value of the structure or property by more than fifty percent(50%). (3) Parking Spaces Increase: An increase in the number of parking spaces equal p to or more than twenty percent (20%),In this case, façade material requirements shall not be required. P 1 I Chapter 4:Site Development Page 4-14 1 Ord. No. 2000T-2, Section 4.1.3.2., February 26, 2007. Ord. No. 2000T-4, Section 4.1.3.2., September 24, 2007. Ord. No. 2000T-6, Section 4.1.3.2., November 26, 2007. Division 4—Maintenance of Improvements Section 4.1.4.1 Maintenance of Improvements Required All improvements required by the UDC shall be maintained in a manner such that their intended purposes continue to be met so long as the property is occupied or used in any way. Ord. No. 2000T-8, Section 4.1.4.1., August 25, 2008. Article 2 - Development Standards Division 1 —Parking Section 4.2.1.1 Off-Street Parking Spaces Required (a) Development within the Old Townsite (OT) district shall be required to comply with this Section of the UDC unless otherwise outlined in Section 2.4.3.4 OT, Old Townsite. (b) In all zoning districts, off-street parking spaces shall be provided in accordance with the requirements of this division at the time any building or structure is erected or structurally altered, or whenever there is a change to a new use with respect to the standards of this division. (c) It is the intent of these regulations to prevent the reduction of existing off-street parking and loading spaces to less than the minimum amounts that would be required if the existing use of the structure had been established or erected in full compliance with the provision herein. (d) No Certificate of Occupancy shall be issued, no use shall be established or changed, and no structure — including parking facilities — shall be erected, enlarged, or reconstructed unless the off-street parking and loading spaces are provided in the minimum amount and maintained in the manner specified in these regulations, provided, however: (1) For the enlargement of a structure or for the expansion for a use of a structure or land there shall be required only the number of off-street loading spaces as would be required if such enlargement or expansion were a separate new structure or use; and Chapter 4:Site Development Page 4-15 (2) For a change in the use of a structure or land, the number of off-street parking and loading spaces required shall be equal to the number required for the new use. (e) In all zoning districts, parking and loading areas shall not be used for refuse containers, for the repair, storage, dismantling, or servicing of vehicles or equipment, for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas. Ord. No. 2000T-1, Section 4.2.1.1. (a) modified, July 10, 2006. Ord. No. 2000T-4, Section 4.2.1.1., September 24, 2007. 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 within Table 4-1 shall not apply to private schools which do not permit students to bring motor vehicles to the institution; however, the educational institution shall be required to provide adequate off-street parking for •faculty, administrative personnel, and athletic events including visiting of parents or other personnel. Such requirements will be calculated based on the applicable parking requirements for the individual uses. (5) For any restaurant, eating and/or drinking establishment where permanent outdoor seating areas including decks, patios, or other unenclosed spaces are provided, those areas shall be included in the calculation of gross floor area and total number of seats. Establishments having only outdoor dining consisting of fewer than sixteen (16) seats shall provide a minimum of four (4) parking spaces. (6) In addition to required parking spaces, a day care center or pre-elementary school shall provide a driveway having a length sufficient for temporary parking of at least three (3) vehicles whereby the temporary parking spaces do not block access to the other required off-street parking spaces. In lieu of the Chapter 4:Site Development Page 4-16 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 listed in Table 4-1 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. Table 4-1 Required Number of Parking Spaces By Type of Use Type of Use Number of Spaces Required All other places of public assembly not 1 space for each 4 seats of capacity in the main specified area containing fixed seating All other schools not specified 1 space for each classroom plus 1 for each 15 students All other uses not specified -Also see 1 space per 165 square feet of gross floor area Section 4.2.1.2(c) Assembly hall 1 space for each 4 seats of capacity in the main area containing fixed seating Auto parts store 1 space for each 200 square feet of gross floor area Bank, savings and loan or credit union 1 space per 200 square feet of gross floor area Barber and/or beauty shop 1 space for each 200 square feet of gross floor area Bookstore 1 space for each 200 square feet of gross floor area Bowling alley 5 parking spaces for each bowling lane Bus depot 1 for each 100.square feet of floor area Business support service 1 space for each 200 square feet of gross floor area Church 1 space for each 4 seats of capacity in the main area containing fixed seating Clothing store 1 space for each 200 square feet of gross floor area 1 space for each 4 seats or 1 space for every Conference center/convention center 100 square feet of gross floor area, based on maximum design capacity whichever is less 1 space for each 200 square feet of gross floor Convenience store area plus 1 space for each gasoline/diesel pump Chapter 4:Site Development Page 4-17 • P . i 1 1 Dance, assembly and exhibition halls 1 space for each 100 square feet used for 0 without fixed seats assembly or dancing - f 1 Day care center or pre-elementary school 1 space per 300 square feet of gross floor area -Also see Section 4.2.1.2(a)(6) 1 Department store 1 space for each 200 square feet of gross floor 0 area ` Elementary school 1 space per 20 students and. 1 space per staff faculty member 0 1 parking space for each 50 square feet of floor • 0 Funeral home or mortuary space in slumber room parlors or individual ' • funeral service rooms General merchandise store 1 space for each 200 square feet of gross floor ) area il Grocery store 1 space for each 200 square feet of gross floor area t ) Group home 4 spaces High school and/or vocational school 1 space for every 3 students, faculty and staff, II based on maximum design capacity ' Hospital 1 space per bed 1 parking space for each sleeping room or suite , `0 Hotel or motel plus 1 space for each 200 square feet of commercial floor area contained therein Junior high school 1 space per 15 students and 1 space per staff faculty member \.-/ 1 space for each 200 square feet of gross floor r ' Laundry service area Library 1 space for each 300 square feet of floor area 0 Lodging houses and boarding houses 1 space per each 2 persons capacity of overnight sleeping facilities Manufacturing plant 1 for each 1.5 employees in the maximum work shift Medical or research laboratory 1 for each 1.5 employees in the maximum work shift • I Medical or dental clinic - 4 spaces for each treatment room Multiple-family, duplex, or townhome dwelling unit or condominium - Requirements below t 1 [Also see Section 4.2.1.2(a)(2)] Efficiency unit - 1%2 spaces - One-bedroom unit 2 spaces Two-bedroom unit .2Y spaces 0 Three-bedroom unit, or more 1 space per bedroom bedrooms 1 space for each 165 square feet of gross floor � Multi-use Occupancy area , _./ Office and professional uses 1 space for each 300 square feet of gross floor. ' area ' Pharmacy 1 space for each 200 square feet of gross floor area - t' � Chapter 4:Site Development Page 4-18 Product repair service 1 space for each 200 square feet of gross floor area Recreation and amusement facility- Requirements below [Also see Section 4.2.1.2(a)(7)] Arcade 1 space per 200 square feet of gross floor area. Driving/archery/shooting range 1 space per 200 feet of gross floor area of indoor facilities, plus 1 space per tee or target Fairground, exhibition, carnival 1 space per 500 square feet of outdoor site area, plus 1 space per 4 fixed spectator seats Go-carts and all-terrain vehicles •1 space per 2'vehicles, plus 1 space per 4 spectator seats Golf course 1 space per 150 square feet of gross floor area of indoor facilities, plus 5 spaces per green Miniature golf 1 space per 200 square feet of gross floor area of indoor facilities, plus 1 1/2 spaces per hole • Rodeo, circus, auto/motorcycle racing 1 space per 3 spectator seats 1 space per 200 feet of gross floor area of Skateboarding, water slide indoor facilities, plus 1 space per 2 persons design capacity of outdoor facilities 1 space per 100 square feet of gross floor area Sport fields, swimming pool, private of indoor facilities plus 1 space per four parks and playgrounds persons design capacity of outdoor facilities, including both participants and spectators as •applicable Tennis and other sport courts 2 spaces per court Residence halls, fraternity buildings, and 1 space per person capacity of permanent sorority buildings -Also see Section sleeping facilities 4.2.1.2(a)(3) Residential care facility 1 space per each two persons capacity Restaurant, eating and/or drinking 4 spaces, plus 1-space for each 100 square establishment-Also see Section feet of gross floor area, or 4 seats, whichever 4.2.1.2(a)(5) is less Retail uses not otherwise specified 1 space for each 200 square feet of gross floor area Sanitarium, convalescent home, home for 1 parking space for each 2 beds the aged or similar institution School auditorium 1 space for each 4 seats of capacity in the main area containing fixed seating Self-storage or mini-warehouse 4 spaces plus one space per 10,000 square feet of storage area Shopping centers, malls, and multi- 1 parking space per 200 square feet of floor occupancy uses over 3 acres in size space Single-family attached and detached dwelling units (including manufactured or 2 parking spaces per dwelling unit industrialized housing unit) Chapter 4:Site Development Page 4-19 _P 1 space for each 4 seats of capacity in the ' Sports arena main area containing fixed seating Stadiums 1 space for each 4 seats of capacity in the main area containing fixed seating Student center 1 space for each 300 square feet of floor area 1 parking space for each 50 square feet of floor Take-out or drive-through eating space used or designated as customer service establishment with no indoor dining and waiting area, or 4 spaces, whichever is , I greater Theater 1 space for each 4 seats of capacity in the main area containing fixed seating 1 space for each 200 square feet of floor area Vehicle repair facility(office spaces devoted to vehicle repair, excluding office calculated based on office requirements) space 1 parking space for employees and customers 1 per 3,000 square feet of open sales lot and Vehicle sales or rental dealer enclosed floor area devoted to the sale, display, or rental of motor vehicles, mobile homes, or trailers Warehouse (office spaces calculated 1 space for each 2,000 square feet of gross based on office requirements) floor area excluding office space p (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, • 0 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 r 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 II Chapter 4:Site Development Page 4-20 and other detailing, unless a separate area and shade structure is provided, outside of circulation aisles, for these activities. (7) For automobile quick-lube 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, d. Detriment to the appropriate use of other properties in the vicinity; (2) A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned, including the owner/agent of the principal use utilizing the parking and the owner/agent of the lot on which the parking is to be provided. Such written agreement shall assure the continued availability of and access to (i.e., via an easement, etc.) the off-street parking area for the principal use it is intended to serve. (e) Off-Street Loading Requirements. In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-street loading facilities in accordance with the following: Any department store, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, which has an aggregate gross floor area of 10,000 square feet or more, arranged, intended or designed for the use shall be provided with off-street truck loading or unloading berths at least 12 feet wide, 14 feet high and 35 feet long in accordance with the following table. There shall be sufficient space to ensure that all maneuvering required to utilize the loading space will not include street right-of-way. Table 4-2 Required Loading Spaces Chapter 4:Site Development Page 4-21 Table 4-2 Required Loading Spaces Square Feet of Aggregate Required Gross Floor Area Number of Berths 10,000 to 40,000 1 40,001 to 100,000 2 100,001 to 160,000 3 160,001 to 240,000 4 240,001 to 320,000 5 320,001 to 400,000 6 400,001 to 490,000 7 For each additional 90,000 over 1 490,000, additional berth p Ord. No. 2000T-1, Section 4.2.1.2. (8)deleted, July 10, 2006. Ord. No. 2000T-2, Section 4.2.1.2., February 26,2007. Ord. No. 2000T-8, Section 4.2.1.2., August 25, 2008 Section 4.2.1.3 Design & Construction Standards (a) Public Street Parking. A public street shall not be classified as off-street parking in r, computing the parking requirements for any use. Table 4-3 Required Parking Dimensions Parking Stall Aisle Depth of Stall Aisle Width (feet) Angle Width Length Per Perpendicular to (degrees) (feet) Stall (feet) Aisle (feet) One-Way Two-Way 0 parallel 8.0 23.0 8.0 12.0 24.0 30 9.0 18.0 16.8 11.0 22.0 45 9.0 12.7 19.1 13.0 22.0 60 9.0 10.4 20.1 18.0 23.0 90 9.0 9.0 , 18.0 24.0 24.0 (b) Truck or Bus Parking Areas.-Parking spaces used for the parking of trucks or buses shall not be counted toward meeting the requirements of this section. Chapter 4:Site Development Page 4-22 (c) Fractional Spaces Resulting from Parking Calculations. When the computation for the number of parking spaces required under this chapter results in the requirements of a fractional space, the fractional space requirement shall be satisfied by adding 1 additional space to the whole space total. (d) Dimensional Standards. All required or provided off-street parking areas shall be designed in accord with the following dimensional standards: (1) Standard Parking Spaces: A stall or area containing a rectangular space measuring no less than nine feet wide by 18 feet deep, except for parallel spaces which shall be a minimum of eight feet by 23 feet, in accord with the following dimensions or interpolation thereof for parking angles not indicated: (2) Accessible Parking Spaces for Persons with Disabilities: a. Off-street parking spaces shall be reserved for the physically disabled in an amount not less than that required by the Americans with Disabilities Act accessibility guidelines. b. Each parking space reserved for the physically disabled shall conform to the identification requirements of the state department of licensing and regulation promulgated under state law, and the design specifications enumerated in the Americans with Disabilities Act accessibility guidelines. c. Current copies of both the state and federal regulations are available in the Department of Community Services. d. State law offenses for improper use of parking spaces reserved for the disabled upon private property shall apply within the City. Any peace officer and the designated City official enforcing parking regulations may issue citations for improper use. (e) Parking Spaces/Areas Serving Uses Other Than Single-Family or Duplex. All parking areas and spaces serving uses other than single-family or duplex dwellings shall be designed and constructed so as to have free ingress and egress at all times and so that the perimeter of the parking area (lot) is bounded by a raised or ribbon curb(s). f . (f) Parking Spaces/Areas Serving Residential Uses. All parking areas and spaces required to serve residential uses shall be maintained such that they are open and accessible for parking use. In the case of a parking lot, it shall be designed and I" constructed so that the perimeter of the parking area (lot) is bounded by a raised or / I 22' 22' .') T. / / g Li 2' j H 22 H ' 5' 2' � o 0 3 i Chapter 4:Site Development Figure 4-1:Example—45 Degree Layout with Two-Way Traffic Page 4-23 ribbon curb(s). (g) Vehicles Backing Into Public Streets and Sidewalks. No parking space or parking area shall be designed so as to require a vehicle to back into a public street or across a public sidewalk. All maneuvering shall be on-site. All spaces adjacent to a property line shall have curbs or wheel stops to prevent vehicles from extending Pk beyond the property,line. Exceptions: 1. Parking for one- and two-family dwelling units; and 2. Parking spaces or parking areas located within the Old Townsite may use adjoining public or private streets for maneuvering room, provided; a. No parking space encroaches upon any right-of-way, public or private; • b. No parking space is located closer than ten feet (10') to a ROW intersection; c. The design and construction of the parking spaces complies with the standards found in Section 4.2.1.3; and d. Sidewalks are constructed between the parking spaces as allowed herein and all buildings on the property. TRUCK MANEUVERING MUST OCCUR ON-SITE NONRESIDENTIAL col I STRUCTURE TRUCK y9 O.c¢¢ MANEUVERING ? O AREA STREET TRUCK ENTRANCE ' NO BACKING OR MANEUVERING MAY OCCUR ON DEDICATED STREET OR ALLEY Figure 4-2:Off-Street Maneuvering for Loading Areas (h) Maneuvering Areas and Public Alleys. When off-street parking facilities are located adjacent to an improved public alley, the width of the alley may be assumed to be a portion of the maneuvering space requirement. (i) Off-Street Parking Facilities Not Required Herein. When off-street parking facilities are provided in excess of minimum amounts specified in this division, or when off-street parking facilities are provided, but not required by this chapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space specified in this division. (j) Paving of Parking Areas for Permanent, Principal Uses. All required or provided parking areas for permanent, principal uses, including outdoor display areas for the sale or rental of vehicles, shall be paved according to City standards and specifications for all-weather surfaces as provided in this UDC. Parking lanes in parking lots must be clearly marked by paint, buttons, or other approved material, except that areas used solely for display of vehicles for sale or rental are not required Chapter 4:Site Development Page 4-24 to have marked parking lanes. Vehicle storage areas which are fenced or screened, and are not open to the public, are exempt from these requirements. (k) Alternative Landscaping for Parking. On sites of one acre or more, when specifically requested by the owner, the Planning Director shall permit not more than 25 percent of required parking spaces to be maintained in landscaped open space until the property owner desires to increase the number of parking spaces or until 90 percent of the parking spaces are observed occupied at any three (3) times during any consecutive sixty (60) day period, whichever is earlier, at which time the Planning Director shall require construction of additional parking spaces. Such additional spaces shall be constructed within six (6) months of the date of the written notice by the Planning Director. All open space and landscaping requirements shall be based on the maximum required number of parking spaces, rather than the reduced amount shown here. (I) Pedestrian Lanes. When a parking area is designed to accommodate more than one hundred (100) vehicles, and where a majority of the parking spaces are not located next to a building walkway at the perimeter of the building, there shall be provided separate, marked pedestrian walkways to enable pedestrians to safely transit the parking area with minimum hazard. Such walkways shall have a clear width of not less than four feet (4'), exclusive of any vehicle overhang where head-in parking adjoins the walkways. (m)Dead Ends and Turnaround Space. No parking area serving a use other than single-family or duplex dwellings shall be designed or constructed which ends in a dead end, unless turnaround space of at least nine feet in depth is provided. (n) Entrances and Exits. All entrances or exits to a parking area shall be designed and constructed in accordance with Chapter 3, Article 2, Division 7 (Driveways). (o) Setback Required. All parking areas or parking spaces serving uses other than single-family or duplex dwellings shall be set back a minimum of two feet (2') from any public right-of-way. (p) Lighting. Any lighting used to illuminate any off-street parking area shall be designed and constructed so as to be reflected downward and away from any adjoining property or street. (q) Nonconforming Uses and Structures. Any use of property existing at the time of adoption of these regulations and standards that does not conform with the regulations and standards prescribed in this division shall be deemed a nonconforming use and subject to the terms and conditions of Chapter 2, Article 7 of this Code. When any nonconforming structure is structurally altered, adequate parking spaces which meet the requirements of the regulations and standards adopted in this section shall be required for the entire structure and use. (r) Issuance of Occupancy Permit(s). No occupancy permit shall be issued until the terms and conditions of this chapter have been met, as approved by the Building Official. Ord. No. 2000T-3, Section 4.2.1.3., July 9, 2007. Chapter 4:Site Development Page 4-25 Section 4.2.1.4 Off-Street Parking Lot Construction - Subbase (a) Subbase for Parking Areas. (1) Generally: This section governs the placement and compaction of all materials obtained for utilization in the construction of off-street parking lots. (2) Construction Methods: a. The area shall be cleared of stumps, brush, logs, rubbish, trees and shrubs, except trees and shrubs in certain areas designated for preservation. Those trees, shrubs and other landscape features specifically designated by the responsible official for preservation shall be carefully protected from abuse, marring and damage during construction. b. Stump holes or other small excavations in the limits of the construction shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground or surface roughened by small washes or otherwise, shall be restored by blading or other methods; and, where indicated on plans or required by the City Engineer, the ground surface thus prepared shall be compacted by sprinkling and rolling. c. Except as otherwise required by the plans, all parking lots shall be t i constructed in layers approximately parallel to the finished grade of the roadbed, and unless variations are otherwise specified and approved by the City Engineer, each layer shall be so constructed as to provide a uniform slope of one-fourth inch per foot. 3 Earth Fill: a. Earth fill means a material composed principally of material other than rock which shall consist of accepted material from approved sources. b. Except as otherwise specified, earth embankment filling shall be constructed in successive layers for the full width of the individual parking lot cross section and in lengths as are best suited to the sprinkling and compaction methods utilized. c. Layers of embankment may be formed by utilizing equipment which will { spread the material as it is dumped, or they may be formed by being spread by blading or other acceptable methods from piles or windrows dumped from excavating or hauling equipment in amounts that provide even distribution. d. Each layer of earth fill shall be uniform as to material, density and moisture content before beginning compaction. Where layers of unlike materials abut each other, each layer shall be feather-edged for at least 100 feet or the material shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position, but all piles or windrows shall be moved by blading or similar methods. e. Compaction of embankments shall be obtained by the method described as "ordinary compaction". Chapter 4:Site Development Page 4-26 (4) Ordinary Compaction: When the ordinary compaction method is specified, the following shall apply. "Depth" means the depth of material achieved upon compaction until there is no evidence of further compaction, in accordance with the provisions governing "rolling". Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content ordered by the City's Engineering Department and shall be kept leveled with suitable equipment to ensure uniform compaction over the entire layer. Section 4.2.1.5 Off-Street Parking Lot Construction— Flexible Base (a) Flexible Base for Parking Areas. (1) Generally: For off-street parking lot pavements, flexible base shall consist of a foundation course of composed of crushed stone or other stone materials six inches in depth for the surface course or other base courses, and shall be constructed as specified in this section in one or more courses in conformity with the typical sections shown on plans or grades established by a geotechnical engineer. Concrete parking lots may not require flexible base if approved.by the City Engineer. (2) Material: The material shall consist of argillaceous limestone, calcareous or calcareous clay particles, with or without stone, conglomerate, gravel, sand or other granular materials. The material shall be a graded material that has sufficient fine material to bind the base. The material sources shall be subject to approval by the City Engineer. (3) Construction Methods: a. Immediately before placing the base material, the subgrade shall be checked as to conformity with grade and section. b. Materials deposited upon the subgrade shall be spread and shaped the same day unless otherwise approved by the City Engineer in writing. If inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first 24-hour period, the material shall be scarified and spread in a manner subject to approval by the City Engineer. The material will be sprinkled, if directed, and will then be bladed, dragged and shaped to conform to typical sections as shown on the plans. All areas and "nests"of segregated coarse or fine material shall be corrected or removed and replaced with well-graded material, as directed by the City Engineer. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be furnished and applied in an amount subject to approval by the City Engineer. The binder material shall be spread by harrowing, brooming or other approved methods. c. When the plans indicate that the ordinary compaction method is to be used, the following applies: The course shall be sprinkled as required and rolled as directed until a uniform compaction is secured. Throughout this entire operation, the shape of the course shall be maintained by blading, • and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established lines and Chapter 4:Site Development Page 4-27 grades. In that area on which pavement is to be placed, any deviation in excess of one-fourth inch in cross section and in a length of 16 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling to avoid ponding of water. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. Section 4.2.1.6 Of Street Parking Lot Construction—All-Weather Surface (a) All-Weather Surface for Parking Areas. (1) Portland Cement Concrete: This off-street parking lot surface shall consist of a pavement or base of Portland cement concrete, with or without monolithic curbs, constructed as specified in this section on the prepared subgrade or other base course in conformity with the thickness and typical cross sections shown on plans and to the lines and grades established subject to approval by the City Engineer. Alternative pavement materials may be used for parking surfaces upon approval of the Building Official and the City Engineer. The • paving material or concrete shall be considered of satisfactory quality if it meets the following: • a. It is designed with the intention of producing a minimum average flexural strength (modulus of rupture) of 650 pounds per square inch at the age of seven days using a standard testing machine in which the load is applied at the center of the beam span; the coarse aggregate factor shall not exceed 0.85; unless otherwise shown on the plans, the concrete shall contain not less than five sacks of cement per cubic yard of concrete; the water-cement ratio shall not exceed 6.25 gallons/sack; concrete specimens shall be prepared, cured and tested as outlined in the state transportation department bulletin G-11; and the number of tests required shall be in accordance with the guide schedule of minimum sampling and testing requirements; and b. It is mixed, placed, finished and cured in accordance with standard requirements utilized in proper concrete construction. (2) Concrete Structure: The slabs shall consist of a minimum of five inches (5") of concrete, reinforced with a six-inch by six-inch by ten-gauge wire mesh placed two inches above the prepared subbase or base material. (3) Hot-Mixed Asphaltic Concrete: a. An asphaltic concrete surface shall consist of a base course, a leveling- up course, a surface course or any combination of these courses as shown on the plans, each to be.composed of a compacted mixture of mineral aggregate and asphaltic material. The pavement shall be constructed on the previously completed and approved subbase, base or existing pavement (asphaltic or Portland cement) as specified in this division and in accordance with the construction plans. Chapter 4:Site Development Page 4-28 b. The mineral aggregate shall be composed of a coarse aggregate and a fine aggregate bound together by asphalt cement or oil asphalt. The grade of asphaltic material shall be type D of either hot mix-hot lay or hot mix-cold lay variety. The application for surface pavement shall be no less than four inches (4") thick after proper compaction. The contractor shall notify the City Engineer of the source of the asphaltic material prior to the start of the project, and the source will be subject to the Director's approval. c. Proper compaction shall be attained to the satisfaction of the City Engineer through utilization of specified rollers or other approved rollers. (4) Masonry Paving Units: Pervious or impervious masonry paving units shall be installed and maintained according to the manufacturer's recommendations for the anticipated traffic load. Masonry paving units shall not be used without obtaining a permit from the Building Official based upon review of construction plans and specifications, provided that no separate permit for the use of masonry paving units is required when the use is in connection with a building permit for construction activity on the same lot. (5) Other Pervious Materials: Pervious materials may be used upon approval by the City Engineer. Ord. No. 2000T-3, Section 4.2.1.6., July 9, 2007. Division 2—Landscaping Section 4.2.2.1 Purpose (a) Orderly, Safe and Healthful Development. For the purpose of providing for the orderly, safe and healthful development of land located within the City limits and promoting the health, safety and general welfare of the community, it is necessary to establish requirements for the installation and maintenance of landscaping elements and other site improvements in off-street parking areas and other developed properties. (b) Mitigation of Adverse Effects. Paved surfaces, automobiles, buildings and other improvements all produce great increases in air temperatures, a problem especially noticeable in this coastal region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from erosion and flooding. (c) Natural Environment and Ecological Balance. Preserving and improving the natural environment and maintaining a working ecological balance are significant concerns to the community. The fact that landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements benefits the health, welfare Chapter 4:Site Development Page 4-29 and general well being of the community and, therefore, it is proper that the use of the landscape elements be required. (d) Oxygen, Heat, Glare, Water Runoff. Landscape installation is required within off- street paved surface areas to regenerate oxygen and to reduce heat, glare, water runoff and other conditions connected with the construction of structures or paved areas within the parcel. Section 4.2.2.2 Enforcement (a) Responsible Official and Responsibilities. The Planning Director shall be the responsible official for this division. The Director is charged with administering this . division and securing compliance with this division. In furtherance of this responsibility, the Director shall: (1) Make inspections as needed to effectuate the purposes and intent of this division, and initiate appropriate action to bring about compliance with this division if the inspections disclose any instance of noncompliance. (2) Investigate any complaints of alleged violations of this division, and maintain a record in the planning department office of the disposition of the complaints. (3) Issue notices of violation, and order, as set out in this section, the correction of all violations of this division found to exist on any premises. (4) State in the notice of violation a time limit for compliance with this division as set out in subsection (c) of this section. (5) Refuse to issue an occupancy certificate where the requirements of this division have not been met. A temporary occupancy certificate may be issued where provisions have been made for landscaping installation at the most advantageous time for planting, not to exceed 6 months from the date of issuance. (6) Request the assistance of the City Attorney in taking appropriate legal action upon the failure of the responsible party to comply with the notice of violation at the time specified therein. (b) Authorization. The Director is authorized and directed to lawfully enter all premises at reasonable times to perform inspections to determine compliance with the provisions of this division. i (c) Action after Determination of Violation. When the Director determines that a violation of this division exists, the responsible official shall take action as follows: (1) Give written notice of the violation to the management, agent or owner shown on the most recent tax roll of the City. (2) The notice shall include: a. A description of the location of the property involved, either by address or by legal description; b. A statement indicating the nature of the violation and the reason why the notice of violation is being issued; _ c. The section of this division upon which the notice of violation is based; Chapter 4:Site Development Page 4-30 d. A description of the actions that are required to correct the violation; e. A time limit for correction of the violation, which will not be less than ten days nor more than 90 days from the date of the written notice; f. The name of the person to whom the notice of violation is directed; g. A statement that failure to comply with the requirements of the notice will result in the City taking enforcement procedures in order to secure compliance; and h. A description of the procedures available for review of the action of the Director as set out in this division. (d) Notice. (1) Notices of violation shall be personally delivered, or sent by certified mail, return receipt requested, and (if possible) by posting a copy of the notice in a conspicuous place on the premises. (2) The Director shall maintain a record of the manner of service of the notice. (3) If the order is not complied with within the time specified in the order, the Director shall use all available means of enforcement in order to secure compliance. (4) When any notice has been issued and the notice becomes an order within the terms of this division, the responsible official shall cause to be placed in a conspicuous place on the premises a notice which shall read substantially as follows: These premises are in violation of the requirements of the City of Pearland landscaping requirements (Chapter 4 of the Pearland Unified Development Code). This notice is to remain as placed here until the requirements of the +' ordinance have been complied with. It is unlawful to remove this notice until the requirements have been complied with. Section 4.2.2.3 Applicability to New and Existing Developed Areas (a) New Development or New Structures. (1) The requirements and standards for the installation and maintenance of landscape elements and site improvements as set forth in this division shall apply to all multiple-family and nonresidential developed areas within the City limits. All other new multiple-family and nonresidential development and construction of new structures shall comply with this division. (2) If other divisions of this chapter would otherwise permit land coverage by building development that would conflict with this division, this division shall supersede and prevail over the other requirements. (3) If a principal use and some or all of the parking area, required or otherwise, serving the principal use are located on separate parcels, the landscape installation required in this division shall prevail as to all the property with the result that an equivalent percentage of the area of all parcels utilized by a principal use shall be landscaped in compliance with this division. Chapter 4:Site Development Page 4-31 (4) If more landscaping is required in any zoning district, overlay zoning district, or PD district, the greater standards shall apply. (b) Existing Development Areas; Nonconformance. (1) All property with existing development on the effective date of the ordinance from which this division derives which is not in compliance with this division shall be considered nonconforming and allowed to continue until the time a '' building permit is granted to reconstruct or enlarge an existing structure on the property to an extent exceeding five hundred (500) square feet of the exterior dimensions of the structure. At that time, this division shall apply to the previous existing parcel areas as well as any new paved areas, and the areas shall be brought into compliance. A plan showing existing and new development and the proposed landscaping shall be submitted in accordance with this division. In order to encourage early landscaping in existing paved areas and the preservation of trees that are already established and growing in these areas an additional credit shall be given in accordance with Division 3 of this Chapter. (2) No structure existing on the effective date of this Code from which this division derives shall be required to be altered or moved in order to comply with this division except for reconstruction. (3) Also see Article 1, Division 3 of this Chapter for further requirements related to structural and parking-related expansions. Ord. No. 2000T-2, Section 4.2.2.3., February 26, 2007. Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multiple- Family, & Single-Family Development (a) Meaning of"Landscape Area". Landscape area shall mean the area (greater than one foot in width) within the boundary of a lot or parcel that is comprised of pervious surface integrated with living plant material, including but not limited to trees, shrubs, flowers, grass, or other living ground cover or native vegetation. For the purposes of meeting the requirements of this division, undeveloped portions of the site cannot be considered landscaped area. Landscaped areas shall be bounded by raised or ribbon curbs. (b) Establishment of Minimum Percentages. A minimum percentage of the total gross lot area of property (excluding any required detention facilities) on which development, construction or reconstruction occurs after the effective date of the ordinance from which this division derives shall be devoted to landscape in accordance with the requirements in Table 4-4; provided, however, that these requirements shall not apply to the development, construction or reconstruction of single-family detached residential structures. Table 4-4 Required Landscaping By Land Use Type Land Use Percent Landscaped Area Required Chapter 4:Site Development Page 4-32 Multiple-Family 15 Office and Professional Uses 15 Mixed Use 15 Retail and Commercial 15 Industrial or Manufacturing 10 All Other Nonresidential Uses 10 • Note: Percentages are based on the total gross lot area. (c) Minimum Requirements. The minimum landscape requirements shall be employed in accordance with the Tree Preservation and Landscape Design Guidelines (Guidelines) made a part hereof, to improve aesthetic appearance, to enhance the compatibility of different land uses, and to mitigate negative environmental influences on land uses (e.g. heat, noise, air pollution). Trees listed in Section 4.2.3.9 (e)with a minimum two inch (2") caliper measured twelve inches (12")from the ground shall be provided along street frontage(s) with the total caliper inches equal to one inch (1") for each fifteen feet (15') of frontage. Each required tree shall be planted in a landscaped area of at least 36 square feet with a minimum dimension of six feet(6'). (d) Screening of Parking Areas. Landscaping shall be required for the screening of parking areas from an abutting public right-of-way or adjacent property. (1) Front yard parking areas and side yard parking areas fronting on a street right of way shall be screened from the right-of-way by a continuous hedge or berm. (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. Chapter 4:Site Development Page 4-33 (5) A nonresidential development that has a shared parking area with an adjacent nonresidential development shall not be required to screen such shared parking area in relation to the abutting side yard. The alternate side yard, however, shall be screened in accordance with Subsection (d)(2) above. (6) Each required tree and required landscaping shall be planted in a landscaped area of at least 36 square feet with a minimum dimension of six feet(6'). (e) Interior of Parking Areas. Interior landscaping shall be required to be integrated into the overall design of the surface parking area in such a manner that it will assist in defining parking slots, pedestrian paths, driveways, and internal collector lanes, in limiting points of ingress and egress, and in separating parking pavement from street alignments. (1) In addition to street trees required under Subsection (c) above, trees in Class I or II of the Guidelines with a minimum two inch (2")'caliper shall be provided within or adjacent to the parking area at tree islands that: A. are at least nine feet(9')wide; B. each have a square footage at least equal to the total area of one parking space; C. are located so that no parking space is further away than one hundred feet(100')from a tree island. (2) Tree islands must be protected from vehicle intrusion by curbs or similar structures. Two feet (2') of the tree island may be counted as part of the required depth of the abutting parking space. (3)-The total caliper inches shall equal one inch (1") for each five (5) parking spaces. (4) Caliper inches of street and parking lot trees may be provided by planting a combination of trees that exceed the minimum two inch (2") caliper. (f) Large Tracts. On large tracts of land, exceptions to this division may be granted by Street c Yam._.._. Building f��_.._..see } d�� R.O.N. .1t ! I. Parking Area litigr d q1, .��A,__��riJ a " IS 14 ti a►Ri�ir 4sal�'TrttW !_ es ' #fir 75%of the required One Me required AnP BaN �� m �� for cacti 30ffiear feet aballbe wlthha1OO a B of frontage or major Street R.O.N. f e et In the front or aide portion thereof. uca. Yards. Figure 4-3:Landscaping Requirements Chapter 4:Site Development Page 4-34 the Planning Director to require a lesser amount of landscaping if the aesthetic, buffering and environmental intent of this division is met, and it is located along rights-of-way or in strategic environmentally sensitive areas. (g) Landscaping On-Site and Related Location. (1) The landscaped area required by Section 4.2.2.4 shall be placed upon that portion of a tract or lot that is being developed. (2) Seventy-five percent (75%) of the area required by Table 4-4 shall be installed in between the front or side property lines and the building being constructed. Clustering the remaining required landscaping along property lines abutting a lower intensity land use is encouraged. (3) Undeveloped portions of a tract or lot shall not be considered landscaped. (h) Landscaping Within Parking Areas. (1) No parking space shall be located more than one hundred feet (100') from a portion of the required landscaping. (2) Each landscape island within a parking lot,shall contain a minimum square footage equivalent to one parking space of pervious area, shall be at least nine feet (9') wide, and shall allow at least three feet (3') between any trees within the island and the edge of the island. 4 (i) Tree Credits. Tree credits shall be given pursuant to Article 2, Division 3 of this Chapter of the UDC. (j) 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. Chapter 4:Site Development Page 4-35 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. ' r d. At the time of planting, a minimum of twenty feet, (20') shall be provided between individual trees. (k) Location Exception for Public Educational .Facilities. 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. (I) 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. Ord. No. 2000T-2, Section 4.2.2.4., February 26, 2007. Ord. No. 2000T-8, Section 4.2.2.4., August 25, 2008. Section 4.2.2.5 General Requirements (a) Installation. All landscape materials shall be installed according to American Association of Nurserymen (MN) standards. (b) Maintenance. The owner of the building, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. The areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered sufficiently to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material needed to meet the requirements of this division. Should a tree die or be removed for which credit has been obtained pursuant to this Unified Development Code, trees sufficient to equal the area credited shall be required. A smaller tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree is retained; such substitution shall require the approval of the Planning Director. (c) Planting Criteria. (1) Trees: Trees planted for credit under Subsection (c) of this section shall be a minimum of two inches in caliper, measured twelve inches above ground level, and six feet in height when measured immediately after planting. Trees shall have an average mature crown greater than 15 feet. Trees having an average mature crown less than 15 feet may be substituted by grouping the trees so as to create at maturity the equivalent of a 15-foot crown if the drip line area is maintained. Chapter 4:Site Development Page 4-36 i (2) Shrubs, Vines and Ground Cover: Shrubs, vines and ground cover planted pursuant to this division should be good, healthy nursery stock. Shrubs must be, at a minimum, a one-gallon container size at the time of planting. (3) Grass: Grass areas are encouraged to be planted in species normally grown as permanent lawns in the City, including St. Augustine, Zoysia, Bermuda or other appropriate grass. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales or other areas subject to erosion. (4) Xeriscape Landscaping: The use of xeriscape landscaping techniques shall require approval from the Parks Director. (5) Synthetic Lawns or Plants: Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section. (6) Soils: New landscaped areas should be prepared so as to achieve a soil depth of at least six inches. The six-inch soil depth should consist of 75% soil blended with 25% compost. (7) Architectural Planters: The use of architectural planters may be permitted in fulfillment of landscape requirements. (8) Landscape Irrigation: a. Except for single-family lots and developments, all required landscaping areas shall be 100% irrigated by one of, or a combination of, the following methods: 1. An automatic underground irrigation system; 2. A drip irrigation system; 3. A hose attachment within 100 feet of all plant material, provided, however, that a hose attachment within 200 feet of all plant material in non-street yards shall be sufficient. b. All irrigation systems shall be designed and sealed in accordance with the Texas Licensed Irrigators Act and shall be professionally installed. c. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. (d) Construction Phase. (1) No more than 25% of the drip line zone of trees to be preserved shall be paved with concrete, asphalt, or other impervious material. There shall be no trenching around the border of and no fill shall be placed within the drip line zone of a tree to be preserved. (2) Soil and other materials shall not be temporarily or permanently stored in locations which would cause suffocation of root systems of trees to be preserved. (3) The permanent vegetation shall be installed on the construction site as soon as utilities are in place and final grades are achieved. Final grading and removal of vegetation shall not occur more than 30 days prior to scheduled paving. << (e) Removal of Diseased or Dangerous Trees and Vegetation. Chapter 4:Site Development Page 4-37 (1) Upon direction from the Planning Director, a property owner may be required to treat or remove trees suffering from transmittable diseases or pests or allow the City to do so, charging the actual cost thereof to the property owner. (2) The Planning Director may require the removal of a tree or part of a tree or any other vegetation that is within or overhanging a public right-of-way or easement if the tree or vegetation: a. Is diseased or infested and in danger of falling; b. Is creating a traffic hazard or sight distance hazard for traffic on a public street; or c. Is interfering with safe and proper maintenance of the right-of-way or easement. (f) Landscape Reserve Required. At a minimum, a landscape reserve of at least ten feet (10'), across which there shall be no right of access, shall be provided along the exterior of the residential lots abutting such a thoroughfare, collector, or nonresidential use or zoning district. The reserve shall be outside any wall or fence, separating the lots from the thoroughfare, collector,, or nonresidential use or nonresidential zoning district. In this case, "outside" shall mean on the side of the wall or fence that is closest to the thoroughfare, collector, or nonresidential use or nonresidential zoning district. Ord. No. 2000T-2, Section 4.2.2.5., February 26, 2007. �., Section 4.2.2.6 Landscape Plan Approval (a) Landscape Plan(s) Required. Appropriate plans showing proposed landscape development, including figures to show compliance with this division, shall be submitted to the Planning and Community Services Department. A Landscape Plan drawn to scale shall include dimensions and distances and clearly delineate any existing and proposed landscape development. The Landscape Plan shall also include detailed drawings of the entire off-street parking area, the location of proposed buildings, the name and location of proposed plant, materials and the location of water sources. (b) Submittal. This plan shall be submitted by the owner of the property or the manager or agent of the owner. (c) Approval. This plan must be approved prior to the issuance of a building permit. (d) Submittal with Other Required Drawings. A Landscape Plan(s) may be submitted in conjunction with other required drawings such as a Site Plan, or other requirements as stated in Chapter 1. Section 4.2.2.7 Variances or Appeals (a) Requests for variances or relief of these requirements shall be in accordance with Chapter 1, Article 3. Chapter 4:Site Development Page 4-38 Section 4.2.2.8 Requests for Extension of Time (a) The Planning Director shall be authorized to grant up to two extensions of up to six months each for the purpose of installing landscaping plants, trees, or other living material. The extensions, if approved, shall be based on the criteria that the required landscaping would more appropriately be installed at a later time due to weather conditions, an off-season time of year for planting, or other extenuating circumstance that will allow the newly installed landscaping the best chance of living. Division 3— Tree Mitigation Section 4.2.3.1 Intent (a) The intent of this division is to encourage site planning which furthers the preservation of trees and natural areas by these methods; to protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control the unnecessary removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting or through a "Tree Trust." It is the further intent of this division to achieve the following broader objectives: (1) Protect healthy trees and preserve the natural, ecological, environmental, and aesthetic qualities of the City. (2) Protect and increase the value of residential and commercial properties within the City. (3) Prohibit the indiscriminate clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new business enterprises to the City. Section 4.2.3.2 Definitions (a) For the purpose of this division, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this division, but not defined in this division shall have the meanings ascribed thereto in Chapter 5 of this UDC, or other ordinances in the City. .Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this division shall control. (1) Circumference: The distance around the perimeter of the tree trunk as measured four and one-half feet (4.5') above the ground using an ordinary measuring tape. For multiple-trunk trees, the trunk circumference is deemed to be equal to the circumference of the largest trunk plus half the circumference of each additional trunk. Measurements should be accurate to the nearest one- half inch (%"). (For conversion to diameter, the circumference can be divided by 3.142.) Chapter 4:Site Development Page 4-39 (2) Criteria Manual: The manual to be used and interpreted by City personnel in accordance with this division for the City's urban forest preservation and enhancement. (The manual is available at the City Park and Recreation Department and was originally adopted as Attachment A to City Ordinance No. 772, which was the Tree Protection and Preservation Ordinance. The manual is adopted as part of this UDC by reference.) (3) Critical Root Zone: For any given tree, the area within a circle centered on the trunk location that contains the majority of tree roots essential for tree growth and survival. The circle's diameter is one-half the sum of the broadest and the narrowest of the drip line diameters. (4) Damage or Damaged: To "damage" a tree means to take any action which could result in a tree's death, either immediately or after a period of two (2) years. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk or large branches or roots; girdling; poisoning; carving; mutilating; touching with live wires; piercing with nails or spikes; crushing or exposing the roots; digging or drilling any hole larger than ,three (3) cubic feet (a trench) within the Critical Root Zone; or covering or compacting twenty-five percent (25%) or more of the Critical Root Zone. (5) DBH (Diameter Breast Height): The distance of the width of the trunk of a tree as measured four and one-half feet(4.5') above the ground. (6) Located: A tree is "located" within an area if any part of its trunk is within the area at ground level. For example, a tree positioned on the property line is considered to be.located in an area or on a subject site when a portion of the trunk or root flare that is visible above ground is within the area or subject site. (7) Official: The City Manager or his/her designee. (8) Temporary Fencing: A six foot (6') high temporary fence shall be installed prior to any site activity. The temporary fencing shall be placed to protect as much of the Critical Root Zone as possible for each tree to effectively protect and prevent persons, machinery, trash, material, and other items from occupying the Critical Root Zones of a tree or group of Protected Trees. The temporary fence may incorporate existing fences or walls as well as temporary fencing. A separate fence permit is not required for construction of a fence under this section, if a building permit for the work is in effect and a Tree Disposition Plan has been approved. (9) Tree: A woody plant having one well-defined stem or trunk, a defined crown and a mature height of at least eight (8) feet. Trees protected and/or regulated by this division of the UDC are listed in the City's Tree List, a copy of which is available in the City Park and Recreation Department. Trees defined include: (a) PROTECTED TREE: Any Large Tree that is identified on the Protected Tree List (available in the City Parks and Recreation Department) and that is located within the City; (b) LARGE TREE: Any tree with a diameter (DBH) of twelve inches (12") or more. In case a tree is removed, it is presumed to have been a Large Tree if the diameter of the stump is twelve inches (12") or greater, ( Chapter 4:Site Development Page 4-40 measured in any direction. (c) HERITAGE TREE: Any Protected Tree with a diameter (DBH) of twenty- four inches (24") or more located anywhere within the City. In case a tree is removed, it is presumed to have been a Heritage Tree if the diameter of the stump is twenty-four inches (24") or greater, measured in any direction. (d) REPLACEMENT TREE/QUALIFIED TREE: Any tree included in the Protected Tree List (available in the City Parks and Recreation Department), with a DBH of at least two inches (2"). (10) Tree Disposition Plan: Must specify how Protected Trees and Critical Root Zones will be protected from development and pre-development activity. The Tree Disposition Plan shall specify trees to be relocated, removed or replaced. The tree survey and disposition plan shall be submitted with the application for any development permit and must be approved before said permit may be issued. (11)Tree Survey: An on-the-ground survey containing the location of Protected Trees, their diameters, types (species), and crown area (critical root zones). The Tree Survey must depict for any given Subject Site: (a) every Protected Tree located on the Subject Site, and (b) identify every Protected Tree located elsewhere which has thirty percent (30%) or more of its Critical Root Zone in such Subject Site. The tree survey and disposition plan shall be submitted with the application for any development permit and must be approved before said permit may be issued. (12) Urban Forester: A resource professional, charged with the responsibility of planning, establishing, protecting, and managing trees and associated plants, individually, in small groups, and under forest conditions within the City, with full authority to enforce this division of the UDC for violations of the same. (13) Tree Trust: A capital project fund created for the purpose of purchasing, growing, and/or maintaining trees and associated plants within the City limits. Said fund is to be expended in conformance with a tree propagation program drafted by the Parks and Recreation Director or his designee. Ord. No. 2000T-8, Section 4.2.3.2., August 25, 2008. Section 4.2.3.3 Approval Required for Tree Removal No person directly or indirectly shall cut down remove, move, or destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this division without first submitting a Tree Survey and obtaining approval of a Tree Disposition Plan, unless otherwise exempted by the provisions of Section 4.2.3.4(b) of this division. . Ord. No. 2000T-2, Section 4.2.3.3., February 26, 2007. Chapter 4:Site Development -r. Page 4-41 Section 4.2.3.4 Applicability (a) Applicability. The terms and provisions of this Ordinance shall apply to all real properties, persons and trees located within the City. (b) Exemptions. Public utilities working in dedicated and accepted easements, right-of- way, or floodways, and trees that are located on a lot of record that is ten (10) acres or less and on which a single family home exists. Section 4.2.3.5 Approval Process and Administrative Procedures (a) Responsible Official. The City Manager or his/her designee is responsible for the review and approval or disapproval of all Tree Disposition Plans. The plan shall be submitted in accordance with the requirements specified herein: (b) Residential & Non-Residential Subdivisions. The City Manager or his/her designee must be able to determine from a review of the Tree Disposition Plan, survey, grading and drainage plans the following: (1) Protected Trees which are to be removed.. (2) The extent of tree replacement in accordance with Section 4.2.3.7 of this division. (3) After review and approval by the Urban Forester, final approval of the ( 1 subdivision plat by the Planning and Zoning Commission shall constitute approval of a Tree Disposition Plan for the street and utility construction phase of the subdivision.. (c) Building Permits Generally. (1) No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of this division of the UDC. (2) If the application is made in conjunction with a Site Plan submitted for approval, the application will be considered as part of the Site Plan and no permit shall be issued without Site Plan approval. (d) Building Permits Not Requiring Platting. The City Manager or his/her designee shall review building permits and applications for lots not requiring platting. (e) Appeals. Any decision made by the City Manager or his/her designee with regard to the Tree Disposition Plan may be appealed by the applicant to the Planning and Zoning Commission. All actions of the Commission are final. (f) Permit Validity. Tree Disposition Plans accepted in connection with an application for -1 a building permit, subdivision plat and Site Plan shall be valid for the period of validity of the accompanying application. ) Section 4.2.3.6 Submittal Requirements (� rl Chapter 4:Site Development / Page 4-42 rI (a) The City Manager ,or his/her designee shall establish administrative procedures necessary to facilitate the implementation and enforcement of this division. These procedures shall include the following: (1) Tree Disposition Plan/Tree Survey: Must be submitted and approved prior to the removal or destruction of any tree. (2) An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. (3) Aerial photograph interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors, and golf courses, at the discretion of the City. Large-scale developments are also required to include impact areas where existing trees are located. (4)The items required on a submitted exhibit include the following: a. Title block including a street address; legal description (lot and block, subdivision name); date or revised date, north arrow, graphic and written scale; name, address, telephone number of owner or person preparing the exhibit. b. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setbacks, easements and service connections, all property dimensions with references to property lines. c. Location of all existing Protected Trees, graphically differentiating between the trees to remain and those to be removed. Trees located beyond the Subject Site with thirty percent (30%) or more of the Critical Root Zones located within the Subject Site shall also be included. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration... d. Proposed general areas or locations of the replacement trees. e. A list of all Protected Trees, including species, trunk diameter and condition. f. A list of all off-site Protected Trees where Critical Root Zones will be impacted. g. Tree information required shall be summarized in legend form on the plan and shall include: 1. Protected Trees to be removed. 2. Total diameter inches of Protected Trees which are to be removed. 3. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See the Tree List, a copy of which is available in the City Park and Recreation Department.) h. Tree protection notes and details shall be included on Site Plans, subdivision plans or Landscape Plans and always included with the bid documents given to the contractor. Section 4.2.3.7 Tree Replacement Requirements Chapter 4:Site Development Page 4-43 (a) In the event that it is necessary to remove a Protected Tree, the applicant, as a condition to issuance of a building permit, shall be required to replace the tree(s) being removed with replacement trees as defined herein. This mitigative measure is ` not meant to supplant good site planning. (b) Tree Replacements Required. r`) (1) The owner and the homebuilder/developer of any lot or tract of land that t- removes or has removed any Protected Tree twelve inches (12") in diameter (37.68" in circumference) and up to twenty-four inches (24") in diameter(75.36" ' in circumference), according to the tree survey made a part of a building permit application or plat submittal, shall be required to replace each such tree removed with an approved tree planted on the lot or tract which is no less than C_0 two inches (2") in diameter (6.28" in circumference). Planted trees shall be any of the tree species listed on the Tree Replacement Tree List in Appendix A of the Criteria Manual (a copy of the Criteria Manual is available in the City Park and Recreation Department). The total number of replacement inches which must be replaced in accordance with this Paragraph is two hundred percent / (200%)of the total number of diameter inches removed. (2) The owner and the homebuilder/developer of any lot or tract of land that removes or has removed any Heritage Tree greater than twenty-four inches (24") in diameter (75.36" in circumference) and up to thirty-six inches (36") in diameter (113.04 in,circumference), according to the Tree Survey made a part 0 of a building permit application or plat submittal, shall be required to replace each tree removed with an approved tree planted on the lot or tract which is no less than six inches (6") in diameter (18.84" in circumference). Such planted trees shall be any of the tree species listed on the Tree Replacement Tree List r in Appendix A of the Criteria Manual (a copy of the Criteria Manual is available I in the City Park and Recreation Department). The total number of replacement inches which must be replaced in accordance with this Paragraph is three hundred percent(300%)of the total number of diameter inches removed. ) (3) The owner and the homebuilder/developer of any lot or tract of land that removes or has removed any Heritage Tree greater than thirty-six inches (36") in diameter (113.04" in circumference), according to the Tree Survey made apart of a building permit application or plat submittal, shall be required to ) replace each tree removed with an approved tree planted on the lot or tract which is no less than eight inches (8") in diameter (25.12" in circumference). Such planted trees shall be any of the tree species listed on the Tree Replacement Tree List in Appendix A of the Criteria Manual (a copy of the Criteria Manual is available in the City Park and Recreation Department). The ' total number of replacement inches which must be replaced in accordance with this Paragraph is four hundred percent (400%) of the total number of diameter ' inches removed. (4) A sufficient number and diameter of replacement trees shall be planted on the subject site in order to equal the total diameter inches, as determined above. If this is not feasible, the permittee may, upon approval by the City Manager or his designee, plant and maintain off-site replacement trees in accordance with this division. Chapter 4:Site Development Page 4-44 (c) Tree Trust Fund. (1) The owner or developer of any lot or tract of land required to replace trees in accordance with this section may, as an alternative and, upon approval by the Urban Forester, pay a mitigation fee into the Tree Trust Fund under the following conditions: a. Residential and Non-Residential Plats- Payment to the Tree Trust Fund must be received by the City prior to the submission of the final plat for Planning and Zoning Commission approval. b. Building Permits Not Requiring Platting - Payment to the Tree Trust Fund must be received by the City prior to the issuance of a building permit. (2) The mitigation fee shall be calculated at the rate of two hundred dollars ($200) per caliper inch of trees to be mitigated. The fee paid into the Tree Trust Fund shall be periodically adjusted by the City Council as the market value of replacement trees warrants. (3) This mitigation method is not meant to supplant the replacement method and shall only be implemented upon approval of the City Manager or his designee after it has been determined that replacement mitigation is not feasible. Ord. No. 2000T-2, Section 4.2.3.7., February 26, 2007. Section 4.2.3.8 Tree Protection (a) A major purpose of this division is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees. (b) The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the City Manager or his/her designee. (1) Prohibited Activities: The following activities shall be prohibited within the Critical Root Zone of any Protected Tree which is subject to the requirements of this division. a. Material Storage - No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the Critical Root Zone of any tree. b. Equipment Cleaning/Liquid Disposal- No equipment may be cleaned or other liquids deposited within the Critical Root Zone of any tree. This would include but not limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. c. Tree Attachments - No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. Chapter 4:Site Development Page 4-45 d. Vehicular Traffic - No vehicle, construction equipment or parking is allowed within the Critical Root Zone of any tree. e. Trespassing-Trespass into protective fencing is prohibited. (2) Pre-Construction Activities: The following procedures shall be followed prior to construction. a. Tree Flagging - All Protected Trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk and painted with an orange "X" at a height of four feet (4') or more. Tape and paint must be visible to workers on foot or operating heavy equipment.. • b. Protective Fencing - Unless. otherwise specified in the applicable Tree , Disposition Conditions, each Protected Tree to be preserved must be fenced during Development or Pre-Development Activity. _' 1. Fencing Criteria - The Tree Disposition Plan shall specify protective fencing of the Critical Root Zone whenever reasonably practicable, unless a different area is prescribed in accordance with the Criteria Manual. Unless the Tree Disposition Conditions specify otherwise: - A six-foot or higher fence must surround each protected tree or ' group of protected trees, effectively preventing persons, machinery, trash, material and other items from occupying the area within the protective fencing; - The fence must be constructed of durable, high visibility r materials supported on poles or fence posts set firmly in the ground; - The fence must be able to resist intrusions and impacts likely to be encountered on a construction site; - The fence may incorporate existing fences or walls as well as temporary fencing; and ' - Each fence must display a prominent bilingual warning sign as set forth in the Criteria Manual. 2. Fence Permit - A separate fence permit is not required for construction of a fence under this section, if a building permit for the work is in effect and a Tree Disposition Plan has been approved. 3. Trash, Storage Prohibited - It shall be unlawful for any person to use the area within the protective fencing, required by this section, for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. c. Trunk Protection - In situations where a Protected Tree remains within six feet (6') of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire r or other means that does not damage the tree. d. Construction Pruning - In cases where a tree has a low canopy or limbs may be broken during the course of construction, the obtrusive limb(s) may be cut. Trees must be pruned according to the specifications set forth by ANSI A300. r ' Chapter 4:Site Development Page 4-46 l 1 e. Mulch - In Critical Root Zone areas where vehicles or equipment must pass, the addition of six inches (6") of shredded mulch or wood chips covered by a sheet of three-quarter-inch plywood is necessary to reduce the risk of severe soil compaction. The mulch and plywood shall be spread on-site or removed following the completion of the project. f. Watering - Trees which are being protected should receive supplemental water during times of drought or low rainfall. As a rule of thumb a weekly application of approximately fifty (50) gallons of water per one-inch diameter applied slowly to the root zone will be sufficient. (3) Improvement Within the Critical Root Zone of a Protected Tree: Design constraints dictate that trees slated for preservation have some encroachment on their Critical Root Zone. The following is the minimum design criteria which is allowed within the Critical Root Zone of a Protected Tree. Development exceeding the criteria would put the tree at risk and therefore it could no longer be considered a Protected Tree. In such a case, Replacement Trees shall be required. a. Grade Changes - In the event that grade changes must be made around a Protected Tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's Critical Root Zone. 1. A minimum of seventy-five (75) percent of the Critical Root Zone shall be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a Protected Tree. 2. No cut or fill greater than two (2) inches shall be located closer to the tree trunk than one-half of the radius of the Critical Root Zone radius distance. 3. Increase grade: Soil grade within the Critical Root Zone of trees should not be increased more than two (2) to three (3) inches using clean bank sand. Any increase above this can be detrimental to the tree. Any attempts to protect trees from the detrimental effects of increased grade must be approved by the City Manager or his/her designee. b. Boring of Utilities — Boring may be permitted under Protected Trees in certain circumstances. The minimum length of the bore shall be the width of the tree's Critical Root Zone and shall be a minimum depth of forty- eight (48) inches. c. Trenching- Irrigation systems shall be designed to avoid trenching across the Critical Root Zone of any large tree. d. Paving- A maximum of twenty-five (25) percent of the Critical Root Zone of a Protected Tree may be covered with impervious material. The pavement and the cut and fill for the pavement shall not exceed one-half of the Critical Root Zone radius distance. Section 4.2.3.9 Tree Planting Regulations Chapter 4:Site Development Page 4-47 (a) Off-Site Planting of Replacement Trees. Replacement Trees should be planted on the site or easement from which the existing trees are to be removed. Subject to the approval of the City Manager or his designee, an applicant may initiate a proposal to plant trees off-site. (b) Easements and Rights-of-Way. (1) The location of replacement trees shall not be an area such that the mature canopy or roots of the tree will interfere with any public utility. (2) All replacement trees shall be planted no less than ten feet (10') from fire hydrants. (3) Any replacement tree planted in a median must be located no less than six and one-half(6.5')feet from the curb. (4) Any replacement tree planted in the City's right-of-way must be located no less than one hundred (100') feet from an intersection and no less than fifty (50') _ feet from a mid-block opening. (c) Plantings After Project Completion. Replacement trees shall be planted prior to r the issuance of the certificate of occupancy or project release. Optimum planting times do not always correspond with project completion. For that reason, , replacement tree plantings may take place after the project is released by the City; provided, that before the issuance of a Certificate of Occupancy, a fiscal security is posted in the amount equal to the prevailing rate for replacement trees with a one (1) year guarantee, plus fifteen`(15) percent to cover"administrative cost. (_' (d) Replacement Tree Size. Minimum criteria for the size of a Replacement Tree shall be a DBH (measured four and one-half feet (4.5') above the ground) that is a _ minimum of two inches (2"). (e) Replacement Tree List. The following tree types or species only shall be permitted by the City to be used as Replacement Trees: Botanical Name Common Name Acer Barbatum, rubrum Red Maple Carya spp. Hickory, Pecan Ilex opaca American Holly Liquidamber Styraciflua Sweet Gum Magnolia spp. Magnolia species Quercus spp. Oak species Taxodium spp. Cypress species Ulmus spp. Elm species Juglam Nigra Black Walnut Fraxinus Pennsylvanica Green Ash Pistacia Chinensis Chinese Pistache Section 4.2.3.10 Violations/Enforcement (a) Conditions. It shall be unlawful for any person who applies for or receives a permit regulated by this division to fail or refuse to comply with a condition of the permit or this division. Any related permit for the building site in question may be withheld until - Chapter 4:Site Development Page 4-48 the condition is complied with to the satisfaction of the City Manager or his/her designee or any other City staff members who are called upon to enforce this division. (b) Immediate Shutdown. Violations of this division may cause the immediate cessation -of all work on the property until the violation is remedied or the builder agrees to replace damaged trees, if the damage is likely to cause the ultimate death of the tree. (c) Inspection. The City Manager or his designee shall monitor for compliance of the Tree Protection and Preservation Ordinance and have the authority to shut down a job for infractions. Protective fencing shall be inspected prior to construction. (d) Penalty Clause. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day and each tree that is removed in violation of this chapter shall constitute a separate offense. But in the event any person, firm or corporation violates any of the provisions of this division or fails to comply therewith, the City of Pearland, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act pertaining to trees protected by this division; and the definition of any violation of the terms of this division as a misdemeanor, shall not preclude the City of Pearland from invoking the civil remedies given it by law in such cases; but same shall be cumulative of and in addition to the penalties prescribed for such violation. (e) Affirmative Defenses. It shall be an affirmative.defense to prosecution under this division that: (1) Immediate action to remove the tree(s) in question was necessary to prevent harm to persons or property, (2) An appropriate Tree Disposition Plan had been filed and approved, (3) There was full compliance with all conditions of the Tree Disposition Plan. (f) Other. Other penalties may apply as outlined in Chapter 1 of this UDC. Division 4--Screening & Fencing Section 4.2.4.1 Screening • (a) Nonresidential and Multiple-Family Screening Required (New Construction). (1) Requirement Criteria. This section shall apply to the following: a. Any nonresidential use that is separated by only a street or has a side or rear contiguous to any residential use or residential zoning district other than multiple-family. b. Any multiple-family use that is separated by only a street or has a side or rear contiguous to any residential use or residential zoning district other than multiple-family. Chapter 4:Site Development Page 4-49 '_. (2) The following shall apply in either case outlined above: a. The nonresidential or multiple-family use shall provide one of the following: 1. an opaque screening wall a minimum of six feet (6') in height, but not to exceed eight feet (8') in height. The screen shall be located no closer to the street than the property line. Such screening fence shall be maintained in good condition. Any sections of this Code concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a street or throughway; or t 2. 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. b. There shall be a minimum 25-foot wide `landscape buffer between nonresidential or multiple-family and all single-family uses, except this buffer shall be at least thirty (30) feet wide if screening is achieved above by a vegetative screen and not an opaque screening wall. c. In situations where a fence already exists along the property line between the non-residential or multiple-family use and the residential use, the screening required by this section shall be achieved by the vegetative screen and 30' buffer described above, unless the nonresidential or multiple-family use obtains permission from the owner(s) of the existing � fence to replace said fence with the opaque screening wall and 25' buffer described above. d. Prior to construction of buffers, complete plans showing type of material, depth of beam and structural support shall be submitted to the Building Inspection Division for analysis to determine whether or not: 1. The screen will withstand the pressures of time and nature; and 2. The screen adequately accomplishes the purpose for which it was intended. e. The Building Official shall determine if the buffer meets the requirements ' of this section. (b)Parking Area Screening Along Major and Secondary Thoroughfares. Landscaping shall be required for the screening of parking areas along major thoroughfares or secondary thoroughfares when nonresidential parking areas are located on the nonresidential lot such that they are adjacent to such roadways (i.e., there is no building between the parking area and the lot line adjacent to the roadway). In such case, parking areas shall be screened by a continuous hedge of shrubs that are 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. (c) Residential Screening Along Major and Secondary Thoroughfares (Applies to the City& ETJ). (1) Requirement Criteria: Where residential subdivisions are platted so that the rear or side yards of single-family or two-family residential lots are adjacent to a major or secondary thoroughfare roadway as described in Chapter 3, or are separated from such thoroughfare by an alley, or back up to such thoroughfare, the developer shall provide, at its sole expense, a minimum six-foot tall Chapter 4:Site Development Page 4-50 masonry screening wall. (also see Subsection (2) below), or some other alternative form of screening, if approved by the Planning Director, according to the following alternatives and standards. All screening shall be adjacent to the right-of-way or property line and fully located on the private lot(s), including columns and decorative features. All forms of screening shall conform to the requirements of City ordinances and policies that govern sight distance for traffic safety. (2) Screening Alternatives: Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's EDCM. An alternative form of screening, in lieu of the masonry wall, may be approved by Planning Director and the City Engineer with the Preliminary Subdivision Plat or Preliminary Development Plat application. Alternatives that may considered include: a. A living/landscaped screen in conjunction with decorative metal (e.g., wrought iron)fence sections with masonry columns; b. A combination of berms and living/landscaped screening; c. A combination of berms, decorative masonry walls and living/landscaped screening, either with or without a decorative metal or "WoodCrete" type of fence with masonry columns; or d. Some other creative screening alternative may be approved if it meets the spirit and intent of this Section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the Planning Director and City Engineer find it to be in the public interest to approve the alternative screening device. (3) Time Required for Opacity: Any required screening device shall be, or shall achieve, at least six feet in height and at least ninety percent opacity within three years of initial installation/planting. Any landscaping used to achieve the purpose of required screening shall be in conformance with Division 2 and/or Division 3 of this article. (4) Maintenance. Easement: A wall/screening maintenance easement at least five feet in width shall be dedicated to the City or to a property owners association on the private lot side and adjacent to the entire length of the screening wall or device. (5) Installation: The screening/wall/device shall be installed prior to final acceptance of the subdivision public improvements. All landscape materials, if utilized, shall be installed in accordance with Division 2 and/or Division 3 of this article. Failure to properly install all components of a required screening wall or device within the prescribed time frame, shall constitute a violation of this Unified Development Code, and shall authorize the City Engineer to refuse acceptance of the subdivision public improvements. (6) Design of Walls: All masonry, wrought iron, steel or aluminum screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City Engineer. Use of chain-link, chicken-wire, hog-wire fencing, and any other material similar in appearance and quality is expressly prohibited. The use of wood is prohibited. Chapter 4:Site Development Page 4-51 (7) Height of Screening: The height of required screening devices, including spans _ between columns, shall be a minimum of six feet and shall be no more than eight feet. Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum eight-foot height by up to two feet for a total maximum height of 10 feet for these features, provided that such taller elements comprise no more than '10% of the total wall length in elevation view. (8) Other Easements: Screening fences, walls and devices shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any other applicable utility provider(s). (d) General Screening. (1) The following requirements shall be in addition to the foregoing landscaping and planting requirements: a. All loading spaces and docks, outside storage areas including open storage, storage in containers and boxes not designed to be permanently - affixed to real property, refuse containers/areas, mechanical and electrical equipment, and the rear of nonresidential uses/structures on . double frontage lots, must be screened from view from the street or public rights-of-way and adjoining properties. b. Approved screening techniques include masonry, evergreen vegetative screens, landscape berms, existing vegetation or any combination thereof. In any case in which a fence/wall is constructed to provide screening, landscaping elements shall be incorporated along a majority of the fence/wall. Also, in the case of roof-mounted mechanical equipment, parapet roof structures are approved for screening such equipment. c. If a nonresidential use is adjacent to a residential use other than multiple- s family, such nonresidential use shall be screened in accordance with Section 4.2.4.1(a)and shall include a vegetative buffer. ' d. Roof mounted equipment in M1 and M2 districts are exempt from screening requirements if the equipment is painted to match the roof color and the equipment is not closer than two hundred fifty (250) feet to a roadway listed in Section 2.4.5.1. (2) If screening is required, it shall be of sufficient height and opacity to completely obscure the activity, structure, or use. Ord. No. 2000T-2, Section 4.2.4.1., February 26, 2007. Ord. No. 2000T-3, Section 4.2.4.1., July 9, 2007. Ord. No. 2000T-6, Section 4.2.4.1., November 26, 2007. • Ord. No. 2000T-8, Section 4.2.4.2., August 15, 2008. Chapter 4:Site Development s � Page 4-52 Section 4.2.4.2 Screening for Utility Support Structures and Stations (a) Applicability. This section shall apply to all utility support structures or stations located on private property regardless if there is an easement or other form of agreement between the utility company or property owner. (b) Support Structures and Stations Defined. These shall include, but not be limited to, any switching equipment, lift stations, pipe valves connected to pipes above ground, boxes or cabinets, cabling equipment or wiring above ground, transmitting equipment, control rooms, control cabinets, etc. Utility poles and transformers and like appurtenances attached to utility poles more than ten feet(10') above the ground are not considered a support structure or station. (c) Regulations. A utility support structure or station located on private property or outside a public street right of way must have proper screening. The construction or modification of an existing utility support structure or station equal to more than fifty percent (50%) of its value or area, must provide screening meeting one of the following: (1) Eight foot (8') high masonry fence with up to a maximum of four-foot (4') long sections of wrought iron or similar style fencing material to allow for security. For walls or sides that have over fifty percent (50%) masonry as a component (not counting the gate) no landscaping would be required on that side. The gate may or may not be sight bearing, but would need to be wrought iron or metal in a neutral or natural color- not gray or steel. All drives and work areas will be paved with concrete within the area under the utilities control. (2) Wrought iron fencing or substantially similar style, eight feet (8') high, with gate similar in style to the fencing shall be permitted, but shall require a concrete slab over the entire area under the utilities control including the drive or access to the support structure or station. (3) Opaque or near—opaque live vegetative screening year-round from the ground to a height of at least eight feet (8') at installation along the boundary lines of the easement or area containing the utility facilities or apparatus. The screening shall provide a minimum of fifty percent (50%) screening during the growing season. The planting shall be a minimum of eight feet in height at a spacing of at least four feet(4') on center. (4) A self-contained masonry building that houses the equipment, provided the structure is constructed consistent with the appearance of surrounding businesses or homes in the area in which it is located. Factors affecting appearance shall include, but not be limited to, pitched shingle roofs, façade articulations, color scheme, and..architecture trim. (d) Alternative. If the utility company does not wish to install the screening as outlined, it may, in its application for a conditional use permit, submit an alternative plan for providing proper screening. If the alternate screening plan is approved with the CUP, the utility company may install screening pursuant thereto in lieu of screening that conforms with the requirements of this section. (e) Exceptions. The following two conditions exempt certain equipment from the above requirements and the requirement to obtain a Conditional Use Permit(CUP): Chapter 4:Site Development Page 4-53 (1) Where no more than two support structures and/or stations as defined above are within fifty feet (50') of each other, are located within a common public utility easement, and each structure or station-is located on a concrete pad with the dimensions of the structure being no larger than six feet (6') in height, four feet (4') deep, and seven feet (7') wide and is located at least fifty feet (50') from the ROW line of a public street. (2) Pedestals, cabinets, or similar equipment structures when the structure is less than three feet(3') in height, covers less than six (6) square feet, and is located in a common public utility easement, but is partially hidden from public view from a public street by landscaping, building, or fencing, as deemed appropriate by the Director of Planning or designee. Ord. No. 2000T-3, Section 4.2.4.2., July 9, 2007. Section 4.2.4.3 Fencing (a) Fences in Residential Areas/Districts, Except Multiple-Family. (1) Height of Fences in the Front Yard: Any fence or wall located to the rear of the minimum required front yard line shall not exceed six feet in height. • a. Materials Permitted - Fences may be constructed of wood, decorative metal, chain link or.woven wire mesh, and other materials traditionally -= used in private fence construction. New and innovative'materials such as plastics, PVCs, metal panel or metal slat, "honeycomb", cementatious fiber board (e.g., 'WoodCrete"), and other similar materials may be approved for use by the City's Building Official if the material is proven to be sturdy, durable and relatively maintenance-free. b. Fences Permitted in Front Yard(s) Adjacent to a Public Street- Except as = provided by Subsection c (Decorative Fences) below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot which is adjacent to a public street. No residential fence shall be closer than 15 feet to'a public street; however, in cases where the side or rear building line of the yards,on continuous corner lots adjoin (i.e., the side yard lot is not a key corner lot), the fence may be constructed out to the property line of the side yard, such that the street side yard may be included as part of the lot's rear yard area. (See Figure 4-5.) Chapter 4:Site Development a.r; Page 4-54 Public Street Fenee pertokted out m.tdc rrorcRr unc naNO: F Li :Li 11: __ egan j KcY Corner ;� 3 1 Lot r" LKc Comer 4x v Y u.icnccFctb.ele g;deliwga;nc Public Street Frir No fence permitted. Figure 4-5:Fences in Front Yards c. Decorative Fences- Decorative fences with openings not less than 50% of the fence area and not exceeding four feet in height are permitted in front yards. Chain link, woven wire mesh metal panel, or similar materials are not considered decorative fencing, and are therefore not allowed in front yards. (2) Perimeter Fencing: Above-ground electrical fencing (does not include underground "virtual fencing", which is allowed), wire mesh (such as hog wire, chicken wire) and barbed wire are prohibited as perimeter fencing except on parcels or lots of two acres or greater in size in the Suburban Development (SD)zoning district and Residential Estate (RE)zoning district. (3) Fences within Public Easements: Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. (4) Fences within Drainage Easements: Fences within a drainage easement should be constructed in a manner to not restrict the flow of drainage water. (5) Fences in Side/Rear Yards: Fences located in side or rear yards shall not exceed eight(8)feet in height. . (b) Fences in Non-Residential Areas/Districts. (1) Barbed Wire Fencing: Permanent barbed wire or similar fences shall be prohibited in districts where used for purposes other than for the control of livestock. Barbed wire shall be permitted as an accessory material to another type of fence in industrial zoning districts (M-1 and M-2), and for City facilities upon approval by City Council, when the barbed wire material is located along the top of a fence, beginning at a height of at least six feet (6') from ground level. (2) Gates for Vehicular Access: Gates designed for vehicular access shall be set back from the property line a minimum of twenty-four feet(24'). (3) Permit Required: All new, reconstructed, or replaced fences require permits. Chapter 4:Site Development Page 4-55 (4) Fences within Public Easements: Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. (5) Fences within Drainage Easements: Fences within a drainage easement should be constructed in a manner to not restrict the flow of drainage water. (6) Height and Material of Fencing: In all yards, fences shall not exceed eight (8) • feet in height. Fences in the front yard, except for properties in the M1 or M2 districts, shall be decorative with openings not less than 50% of the fence area. Chain link, woven wire mesh metal panel, or similar materials are not considered decorative fencing. Ord. No. 2000T-2, Section 4.2.4.3., February 26, 2007. Ord. No. 2000T-6, Section 4.2.4.3., November 26, 2007 Division 5— Si_onage Section 4.2.5.1 General Standards & Requirements r (a) Applicability. All signs shall be erected, displayed, altered and reconstructed in conformance with this division. Where the requirements of this division for a particular sign are different than comparable requirements contained in any other law, ordinance or regulation, the requirements and standards that are more restrictive shall apply. Special sign standards apply within the Spectrum and Old Townsite zoning districts, as outlined in the applicable sections of Chapter 2. (b) Exempted Signs. See Section 4.1.2.6.(c) for all signs exempt from the requirements to obtain a sign permit. (c) Prohibited Signs. The following signs are expressly prohibited: (1) Signs having any visible part that moves, swings or rotates, except for banners and flags, and swinging signs up to ten square feet in area constructed of rigid material hanging by hinges or other flexible connection. , (2) Signs emitting odor, visible matter or audible sound. (3) Permanent portable signs (temporary portable signs are regulated by Section 4.2.5.5). (4) Inflatable signs and balloons, except as allowed in Section 4.2.5.5. (5) Portable signs. (6) Signs attached to a mobile structure, such as a vehicle or trailer used as an on- premise or off-premise sign, primarily for the purpose of serving as a static display for the advertisement of the sale, storage, or distribution of a product or service. Chapter 4:Site Development Page 4-56 ti� (7) Signs, papers, other materials, or paint, stenciling, or writing of any name, number (except house numbers), or other marking on any sidewalk, curb, gutter, street, utility pole, trees, public building, fence or structure unless authorized by this UDC. (8) Signs illuminated to any intensity greater than two hundred (200) lamberts. The restrictions of luminance shall be determined from any other premise or from any public right-of-way other than an alley. Lights shall be shielded to prevent the source of lighting from being directly visible from residential property. (9) Sign, or any portion therof, erected upon or over public right of way or public property, except as specifically authorized by this UDC. Unauthorized signs located upon or over public rights of way or public property may be immediately removed by the City Building Official or designee. (10) Signs and advertising devices which move, flash, rotate, blink, change color, or are animated; or have any type of intermittent illumination, including flashing, fading, revolving or blinking lights, or any type of moving, scrolling or changing message by means of lights or illumination are prohibited except as provided in Section 4.2.5.3. (11) Signs and advertising devices which produce noises discernible from more than one hundred fifty feet(150'). (12) Signs in a floodway zone without the approval of the Floodplain Administrator or designee. (13) Off-premise signs, unless erected as part of a City-adopted signage program or specifically authorized by this UDC. (14) Signs containing statements, words, or pictures of an obscene, indecent, or immoral character that would offend public morals or decency. (15) Signs placed on the side or rear of any building or property when such signs face upon a contiguous residential area. (16) Signs containing or having attached thereto banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar devices, except in accordance with Section 4.2.5.5. (17) Freestanding signs, as defined in Chapter 5 of this UDC. (d) Location Requirements. All signs are subject to the following general location requirements: (1) No sign shall be maintained at any location where it may interfere with the view of or be confused with any traffic control sign or signal. (2) No sign shall be located on or project over public property, a street right-of- way, or a public utility easement, except,governmental signs, bench signs, subdivision identification signs, temporary banner signs and permitted signs in the Old Townsite (zoning) District. (3) All signs shall maintain a clearance of at least eight feet (8') when located over a public sidewalk and at least twelve feet(12')when located over a driveway. Chapter 4:Site Development Page 4-57 1 (4) No sign, except a governmental sign or a single ground sign, shall be located within a sight triangle. (5) Only signs required in the interest of public safety and direction may occupy a required off-street parking or loading space or obstruct any driveway or sidewalk. (6) New signs and signs being structurally altered shall maintain clearance from the public utility facilities, shall not substantially interfere with drainage and shall not be located in a utility or drainage easement. Signs shall maintain ten feet(10')of vertical and horizontal clearance from all electrical lines (7) Only governmental signs or temporary holiday signs may be located on the roof of any building or accessory structure. (8) Signs are permitted on sidewalks only within the Old Townsite District provided that a minimum path of five feet(5') in width remains clear of any obstacles. (9) No on-premise free standing sign shall be located within seventy-five feet (75') of another on-premise free standing sign on the same side of the street or highway. k, (10)A non-commercial sign, as defined in Chapter 5 of this UDC, shall be permitted wherever a commercial sign is allowed under this division, except as otherwise expressly provided herein. (e) Abandonment. (1) Freestanding signs and ground signs which no longer advertise a bona fide ' business conducted, or a product sold, on the premise containing the sign are subject to removal on the first anniversary of the date the business, person or activity that the sign identifies or advertises ceases to operate on the premises. If the premises containing the sign is leased, the sign is subject to removal on the second anniversary of the date that the most recent tenant ceases to operate on the premises. (2) The Building Official or designee shall give written notice to the owner of the premises containing the abandoned sign to remove the sign within ninety (90) days after notification is received. In the Building Official's (or designee's) sole discretion, he or she may require that the owner of the premises containing an abandoned ground sign to install blank faces on'the ground sign in lieu of iJ removal. (3) Upon the owner's failure to comply with the instructions of such notice within the time specified in such order, the Building Official or designee is authorized to file a complaint in Municipal Court and/or cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected. (f) Construction & Maintenance Standards. (1) Compliance With' Codes: All permanent signs shall comply with the City __ building and electrical codes. (2) Certification Required: The design of all permanent signs requiring a sign ! permit shall be certified by a professional engineer for structural integrity. Chapter 4:Site Development Page 4-58 1 (3) Electric Signs: Electric signs shall have an accessible disconnect switch and shall be labeled to indicate the voltage and amperage of electrical circuits connected to the sign. - (4) Maintenance Required: All signs, together with all supports, braces, guys and anchors shall be kept in good repair by the owner of the sign or the person in charge of the premises. Failure to keep a sign in good repair as defined in the Pearland Building Code shall be deemed cause for removal (in accordance with Section 4.2.5.7) if the owner of the sign or person in charge thereof fails to make such repairs within thirty (30) days of notice of deficiencies from the Building Official or designee. (5) Safety Hazard: A sign determined to be a hazard to public health and safety shall be subject to enforcement under Section 4.2.5.7 of this division. Ord. No. 2000T-3, Section 4.2.5.1., July 9, 2007. Section 4.2.5.2 On-Premise Attached Signs (a) Standards. Permanent on-premises attached signs are subject to the following standards: (1) Extension: Attached signs shall not extend vertically more than four feet (4') above the highest point of the roofline adjacent to the facade. Attached signs shall not extend into a required building setback area. (2) Zoning Districts Allowed: Attached signs are permitted for all façades in the following zoning districts: the Multiple-Family (MF) district, all mixed use districts (SPD, C-MU, G/O-MU, and OT), and all nonresidential districts. (3) Area: The area of attached signs is limited according to the land use of the premises as follows: ' a. Multiple-family residential uses, residential condominiums and group quarters may have identification signs having a total aggregate area of up to five percent(5%)of the area of the facade on which they are located; b. Office/professional and institutional uses may have signs with a total aggregate area of up to ten percent (10%) of the area of the facade on which they are located; c. All other nonresidential uses may have signs, including window signs, with a total aggregate area as follows: 1. up to twenty percent (20%) of the area of the facade on which they are located if the façade faces a street; 2. up to ten percent (10%) of the area of other facades if the building houses one business; 3. up to fifteen percent (15%) of the area of other facades if the building houses more than one business; and Chapter 4:,Site Development Page 4-59 _ d. Premises containing two or more uses having different standards under this section shall have the allowable area determined by the use allowing the greater area. Ord. No. 2000T-2, Section 4.2.5.2., February 26, 2007. 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 to two (2) square feet in area each, • ` provided the number of these signs does not exceed the number of driveways; and, b. Subdivision, Builder, or Model Home Signs as described in (b) (5). c. Subdivision identification signs as described in (b) (6). d. For Sale/Lease signs as described in (b) (8). e. Construction signs as described in (b) (9). f. Business Opening signs as described in (b)(10). g. Holiday signs as described in (b) (11). h. Special event signs as described in (b) (12). i. Marquee signs as described in (b) (13). j. Government signs as described in (b) (14). (2) Maximum Height: The maximum height of any on-premise ground signs shall not exceed eight feet(8') (refer to Figure 4-6 on the following page).The portion of the base of the sign within two feet (2') of the grade of the ground shall not be included in the height calculation.' (3) Maximum Sign Area: r _, 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, C, M-1, and M-2 zoning districts — one hundred (100) square feet; { 5. Mixed use districts (SPD, C-MU, G/O-MU, and OT) — unless otherwise specified within the SPD or OT regulations, fifty (50) / Chapter 4:Site Development Page 4-60 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. _ VERTICAL LINES Eo GASOLINE F�3, a w z+a HORIZONTAL 1.80 s 1.90 s Fi Reg Super EFFECTIVE Portion of \ e AREA the sign I I I I within 2'of 1:1 LINES the gradeOf the --h.N GROUND ground. Figure 4-6 Figure 4-7 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 located on: (1) a lot on which a model home is located; or (2) a lot, tract, or reserve that is not intended for sale and the maintenance of which is the responsibility of the builder, developer, or homeowners association. b. The sign may not exceed ten feet (10') in height or thirty-two square feet(32 square feet) in area per sign face. c. Only one sign in this category is allowed per three hundred feet (300') of local street frontage. Signs on model home lots do not count against this limit. d. "Active construction and sales" means: (1) the subdivision has lots for sale; (2) there is at least one (1) pending building permit for new construction of a home within the subdivision; and (3) there is a model home in the subdivision open during regular business hours where Chapter 4:Site Development Page 4-61 / potential buyers may review and select available home floorplans, options, and upgrades. e. All signs erected pursuant to this subsection must be removed within ' five (5) years. (6) Subdivision Identification Sign: A permanent subdivision identification(s) sign that is a maximum of one hundred and twenty (120) square feet in area per sign may be displayed on private property at a street entrance to the _0 subdivision, in addition to other ground signs permitted by this division. The sign is subject to the following: a. The size, material, and location of the sign shall be indicated on the construction plans for the subdivision; b. A "Reserve" shall .be shown on the Final Subdivision Plat or Final Development Plat, indicating the location of the sign; and, , ) b. There shall not be more than two (2) such signs per street entrance to the subdivision. (7) Electronic Changeable Message Sign: An electronic changeable message sign that conforms to the size and locational requirements of this Section shall be permitted with adherence the following: ' a. Each message displayed on an electronic changeable message sign must be static or depicted for a minimum of six (6) seconds. The scrolling of messages is permitted, but must also conform to the minimum of six (6) seconds static display. b. The flashing display (i.e., changeable message) portion shall not exceed twenty-five (25) percent of the total allowable effective sign area. c. The flashing display(i.e., changeable message) portion shall be limited to one (1) color, and, shall be limited to white, gold, yellow, red, blue, or green. The Planning Director shall determine whether proposed colors conform to these colors. d. The addition of any flashing display (i.e., changeable message) to any nonconforming sign is prohibited. (8) For Sale/Lease Sign: A sign advertising that certain real property or a portion thereof is for sale or lease shall be allowed subject to the following conditions: a. The sign may not contain any message unrelated to the property's being • for sale or lease. b. For nonresidential properties, the sign may not exceed six feet (6') in height or thirty-two square feet (32 ft2) in area per sign face. For residential properties, the sign may not exceed four feet (4') in height or six square feet (6 ft2) in area per sign face. c. Only one such sign is allowed per parcel of real property. Chapter 4:Site Development Page 4-62 (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)Special 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 allowed subject to the following conditions: a. The signs may not be displayed more than fourteen (14) days before, or five (5) days after, the event. b. The sign may not exceed six feet (6') in height or thirty-two square feet (32 ft2) in area per sign face. c. Only one such sign is allowed per street frontage, with a maximum of three per property. Chapter 4:Site Development Page 4-63 (13)Marquee Sign: Signs located on the premises of a religious, educational, or other noncommercial institution, which function solely to disseminate 1 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. t`=' b. Only one such sign is allowed per property. (14)Government Sign: Signs erected by an entity of the state, county, or local governments and containing only information or advertising related to that entity's governmental function shall be allowed subject to the following conditions: a. The sign may not exceed twelve feet (12') in height or one hundred and fifty square feet(150 ft2) in area per sign face. b. Only two such signs are allowed per street frontage of the property. Ord. No. 2000T-2, Section 4.2.5.3., February 26, 2007. Ord. No. 2000T-3, Section 4.2.5.3., July 9, 2007. Section 4.2.5.4 Multi-Tenant Signs (a) Applicability. (1) A multi-tenant sign shall be required on any lot with more than one (1) use or business in conformance with Section 4.2.5.4., subject to the following: a. A use or business shall be permitted to erect an on-premise ground sign when such use or business has at least seventy-five feet (75') of building frontage. b. A use or business that has an on-premise ground sign shall not be listed on any multi-tenant sign. (2) A multi-user sign may be erected and maintained on any lot that is part of an integrated business development. Said multi-user sign may not advertise any business in the integrated business development that has an on-premise ground sign. Any multi-user sign legally placed but that subsequently fails to meet the definition of a multi-user sign shall be removed by the owner of the property on which the sign is located. (b) Standards. Multi-tenant and multi-user signs are subject to the following standards: (1) Type: All multi-tenant and multi-user signs shall be ground signs. (2) Number Allowed: The number of multi-tenant signs on one (1) site is limited to one (1) per six hundred (600) linear feet of street frontage unless said frontage is on State Highway 288 or Beltway 8, in which case the limit per property or development is one (1) multi-tenant sign per one thousand (1,000) linear feet of Chapter 4:Site Development Page 4-64 street frontage. The cumulative street frontage shall be calculated for corner lots. An integrated business development shall be allowed a multi-user sign on any lot in that integrated business development that has at least fifty (50) linear feet of street frontage, with a limit of only one (1) multi-user sign per street, except that any integrated business development that has more than six hundred (600) linear feet of street frontage on one street — one thousand (1000) linear feet for State Highway 288 or Beltway 8 —shall be allowed two (2) multi-user signs on that street. The following are not counted in this limitation: a. Additional directional signs up to two (2) square feet in area each, provided the number of these signs does not exceed the number of driveways; and, b. Subdivision identification signs in accordance with Section 4.2.5.3. (3) Maximum Height: The maximum height of any multi-tenant or multi-user sign shall not exceed fifteen feet (15'), unless the sign is located on a property or development with frontage on State Highway 288 or Beltway 8, and said sign is not set back more than thirty-five feet (35) from the right-of-way line of State Highway 288 or Beltway 8, in which case the maximum height shall not exceed twenty two (22') feet. 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 (refer to Figure 4-6). For properties located below the grade of an adjacent highway an additional height of up to ten feet (10') above the grade of the highway at the sign location may be allowed by a Conditional Use Permit. (4) Maximum Skin Area: A multi-tenant or multi-user sign shall have a maximum sign area according to the following: a. Three hundred (300) square feet, when erected on property located on State Highway 288 or Beltway 8 and said sign is not set back more than thirty-five feet (35') from' the right-of-way line of State Highway 288 or • Beltway 8; or b. One hundred (100) square feet, plus ten (10) square feet per tenant or business advertised on the sign, or one hundred and fifty (150) square feet, whichever is lesser, in all other locations. c. Each tenant or business may have a different size sign; each sign does not have to be the same size. d. 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). Marquee signs may be part of a ground sign, but shall not cover more than seventy-five percent (75%) of the effective area. (5) Location: No multi-tenant or multi-user sign shall be closer than: a. ten feet(10')to any property line; b. fifteen feet (15') from any property line for properties on State Highway 288 or Beltway 8; or c. six hundred feet (600'), or for properties located on State Highway 288 or Beltway 8, one thousand feet (1000'), from: Chapter 4:Site Development Page 4-65 0 1. any other multi-tenant sign located on the same street frontage of one lot, or 2. any other multi-user sign for the same integrated business development. (6) Electronic Changeable Message Sign: An electronic changeable message sign that conforms to the size and locational requirements of this section shall be permitted with adherence with the following: a. Each message displayed on an electronic changeable message sign must be static or depicted for a minimum of six(6) seconds. The scrolling of messages is permitted, but must also conform to the minimum of six (6) second display. b. The flashing display(i.e., changeable message) portion shall not exceed twenty five (25) percent of the total allowable effective sign area. c. The flashing display(i.e.,.changeable message) portion shall be limited to one (1) color, and shall be limited to white, gold, yellow, red, blue, or green. The Planning Director shall determine whether proposed colors conform to these colors. d. The addition of any flashing display (i.e., changeable message)to any nonconforming sign is prohibited. Ord. No. 2000T-4, Section 4.2.5.4., September 24, 2007. Ord. No. 2000T-5, Section 4.2.5.4., October 22, 2007. Ord. No. 2000T-8, Section 4.2.5.4., August 25, 2008. Section 4.2.5.5 Temporary Signs (a) General. Temporary signs are subject to the limitations indicated in this section, as well as the location restrictions in Section 4.2.5.1(f). (b),Area Limitations. Temporary signs shall not exceed the following area limitations: (1) State Highway 288: Ninety-six (96) square feet each for premises within the State Highway 288 corridor. (2) Other Premises: Thirty-two (32) square feet each for all other premises. (3) Banner Signs: Unless otherwise provided, fifty(50) square feet. (c) Banner Defined. A banner is hereby defined to be a temporary sign as that term is defined Chapter 5.of this_UDC that is designed to be attached or installed with rope, wire, or other temporary means so as to allow ease of installation and removal. (1) Use or Display of Banners: Except for temporary signs that do not require permits (refer to Section 4.1.2.6(c)), the use or display of banners is hereby prohibited unless a permit for such use is obtained from the Planning Director Chapter 4:Site Development Page 4-66 or his designee. A banner permit may be issued only in the following circumstances: a. Any premise or nonresidential occupancy requesting a temporary sign larger than thirty-two (32)square feet may display one (1) banner sign per street frontage (also see Subsection 4.2.5.4(d) for total number allowed) announcing a grand opening of a new business. Display of such sign is limited to a maximum of thirty (30) days per opening. The privilege to begin display of such sign expires three (3) months after the issuance of a certificate of-occupancy. Use of grand opening signs only applies to new ownership or occupancy (i.e., use). At least one-half (' ) of all readable copy on the banner must state"Grand Opening" or"Now Open." b. Any non-profit organization or governmental entity may display banner signs containing, a message directly related to a special event provided, however, that such banners may be displayed no more than fourteen (14) days prior to the event and must be removed within three (3) days after the conclusion of the event. Displays under this classification will be • limited to three (3) per year. c. Banners may be allowed for the temporary identification of a business if the business owner provides the Planning Director written evidence that a permanent sign order has been executed and the business owner is awaiting installation of said permanent sign. As a temporary identification device, the banner must meet size, dimension, lettering, and layout specifications for building-mounted signs and must be securely fastened on a minimum of six (6) locations to the fascia. If the banner meets these conditions, it will be permitted for identification purposes for a period not to exceed thirty (30)days. d. Any premise or non-residential occupancy may use banners to advertise sales events fourteen (14) times per year for a total duration of twenty- four (24) days inclusive. The occupant has the option of dividing the total days among the fourteen (14) events, with the minimum duration of display being one (1) day. (2) Location: Any banner permitted in accordance with this Ordinance shall be displayed at the permittee's normal place of business or operation and shall be affixed to that side of the building facing the street on which the permittee is addressed. (3) Cost & Display Period: The cost for a banner permit shall be Ten Dollars ($10.00), and shall be paid at the time of application. Each application shall include the period of display for the banner to be permitted, including the day that the display will start and the day when it will cease. The display period shall be continuous and uninterrupted by periods of non-display. A separate permit shall be required for each period of display of the banner. Multiple periods of display will not be allowed on one permit. (4) Violation: Banners used or displayed in violation of this section shall be subject to removal by the Building Official or his/her designee. (5) TxDOT District 12 Guidelines: Banners displayed pursuant to the Texas Department of Transportation (TxDOT) District 12 guidelines for the temporary Chapter 4:Site Development • Page 4-67 installation of banners over state rights-of-way shall be exempt from the terms of this division. (d) Other Temporary Signs. The following signs shall be allowed, subject to any conditions set forth below. (1) Temporary window signs: These signs must be temporary in design and construction, such as paper, poster, mylar or similar plastic film, or painted with removable paint; may not exceed in coverage twenty-five percent (25%) of all windows combined or fifty percent (50%) of any one window; must be placed inside the business establishment and be professional in appearance, except for temporary signs not promoting a business but rather associated with a non- profit, neighborhood, or civic event; and may not be displayed for more than forty-five (45)days. (2)Holiday inflatable signs or decorations: Holiday-related inflatables that contain no business-related advertising, including without limitation balloons, decorations, and yard displays, shall not exceed twelve feet (12') in any dimension and may not be displayed so that the top of the inflatable is greater than: fifteen feet (15') from the ground on a residential lot; or the maximum structure height allowed in the zoning district on a nonresidential lot. The ' continuous display period of this type of sign shall not exceed thirty (30) days, with no more than five (5) display periods per calendar year. (3) Off-premise special events signs: Signs advertising a special event sponsored by a non-profit organization, charitable group, or civic club may be placed off- premises of where said event is to take place shall be allowed subject to the following conditions: a. The signs may not be displayed more than fourteen (14) days before, or five(5) days after, the event. b. No more than ten signs not exceeding six feet (6') in height or thirty-two square feet (32 ft2) in area per sign face are allowed within the City's limits, limited to one per street frontage. These signs shall be exempt from sign permit fees. c. There is no quantity limit on signs not exceeding three and a half feet (3.5') in height or five square feet (5 ft2) in area per sign face, except only one is allowed per lot. (e) Flags Allowed. Flags of recognized governmental entities shall be allowed. A Flag that contains any emblem, logo, slogan, or any form of advertising of or for any business entity may be allowed, subject to the following restrictions: (1)The flag is displayed with, but at a lower height than, either a United States flag or a Texas flag; ' (2) The business entity represented on or advertised by the flag is located on the same property upon which the flag is displayed; (3) The flag is not larger in area than either of the governmental flags with which it f is required to be displayed; and (4) Only one such flag is displayed per property. Chapter 4:Site Development Page 4-68 (f) Number of Temporary Signs Permitted on One Lot. The number of temporary signs other than political signs displayed on one lot at any given time is limited to one (1)sign per street frontage and a maximum of two (2) signs per lot. (g) Permits Not Required. Refer to Section 4.1.2.6.(c). Ord. No. 2000T-3, Section 4.2.5.5., July 9, 2007. Ord. No. 2000T-9, Section 4.2.5.5., October 27, 2008 Section 4.2.5.6 Replacement& Repair of Signs (a)When any sign, or a substantial part of it, is blown down,destroyed, or taken down or removed for any purpose other than changing the letters, symbols or other matter on the sign, it may not be replaced, re-erected, reconstructed, or rebuilt except in full conformance with the provisions and requirements of this UDC. (b) For purposes of Subsection (1) of this section, a sign or substantial part of it is considered to have been destroyed only if the costs of repairing the sign is more than sixty percent (60%) of the cost of erecting a replacement sign of the same type at the same location. Section 4.2.5.7 Unsafe Signs (a) Authority to Remove. If the Building Official shall find that any sign is unsafe and is a menace to the public, he shall give notice to the permittee thereof in the same manner as is provided in the Building Code for notice of unsafe buildings. If the permittee fails to remove or repair the sign within the time provided in such notice, such sign may be removed at the expense of the permittee. The Building Official • may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Section 4.2.5.8 Signs on Utility Poles (a) Placement of Signs on Utility Poles Prohibited. It is unlawful for any person to attach or cause to be attached any advertisement, handbill, circular, poster or piece • of paper to any public utility pole located within the City. (b) Authority to Remove. The Planning Director or his/her designee shall have the authority to remove any advertisement, handbill, circular, poster or piece of paper attached to any public utility pole within the City. Ord. No. 2000T-3, Section 4.2.5.8., July 9, 2007. 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 any requirement for the sign specifically listed herein. Chapter 4:Site Development Page 4-69 ' ) (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 ft2) 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 ft2) in size. (3) On-site directional and informational signs not exceeding two square feet (2 ft2) 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 ft2) 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 ft2) 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 ft2) in size. (7) Human Signs. Signs carried or wholly supported by humans are allowed so long as they do not exceed thirty-two square feet (32 ft2) in size. (8) 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 ft2) in size. (9) Unlit Political Signs. Political signs that are not lighted are allowed provided they do not exceed eight feet (8') in height or thirty-two square feet (32 ft2),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. Ord. No. 2000T-3, Section 4.2.5.9., July 9, 2007. Division 6—Manufactured/Mobile Home Parks & Recreational Vehicle Parks Section 4.2.6.1 Applicability (a) This division is applicable in the City limits and in the extraterritorial jurisdiction of the City. Section 4.2.6.2 Site Design Requirements p Chapter 4:Site Development Page 4-70 (a) Site Requirements. Any mobile home or manufactured housing park constructed after the effective date of the ordinance from which this section derives and for any extension or addition to any existing mobile home or manufactured housing park shall be done in compliance with the following site requirements: (1) Location: A mobile home or manufactured housing park within the City limits shall be located only on sites having the applicable zoning classification as defined in Chapter 2 pertaining to zoning. (2) Minimum Requirements: a. Space Requirements - Each mobile home or manufactured home space shall provide a minimum area of 3,200 square feet. . No mobile home or manufactured home space shall have dimensions less than forty feet(40') on the narrow dimension or eighty feet (80') on the long dimension. b. Open Space Requirements 1. The minimum front yard setback shall be ten feet from the nearest corner of the mobile home or manufactured home to the front line of the mobile home or manufactured home space. 2. No mobile home or manufactured home shall be closer than five feet to any end lot line nor closer than ten feet (10') to the lot line adjoining a public street. 3. For other structures on each space, the minimum front yard setback shall be at least ten feet. 4. The minimum distances between mobile homes shall be ten feet end-to-end and twenty feet(20') side-to-side. c. Height Regulations 1. The height limit for any structure intended for occupancy in the mobile home or manufactured housing park shall be 25 feet. 2. The average height of the mobile home or manufactured home frame above the ground elevation will conform to Section 5.a of the state mobile home or manufactured home tiedown standards and the building code. d. Soil and Ground Cover - Exposed ground surfaces in all parts of every mobile home or manufactured housing park shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust. e. Drainage - The ground surface in all parts of a manufactured housing park shall be graded and equipped to drain all surface water away from pad sites. f. Accessory Buildings - An accessory building is a subordinate building, detached from the main building, without separate utilities and not used for commercial purposes or rented. In a residential district, it may be used as a washroom, a storage room for domestic storage belonging to the owner or tenant only or a space for one or more automobiles owned by the owner, tenant or guests. In districts other than residential, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building. Chapter 4:Site Development Page 4-71 (\._ Section 4.2.6.3 Access, Traffic Circulation, and Parking (a) Internal Streets and Signage. Internal streets, no-parking-area signs, and street name signs in a mobile home or manufactured home park shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of the manufactured housing park's residents. Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any areas of the mobile home or z ' manufactured housing park. (b) Signs Prohibiting Parking Required. On all sections of internal streets on which parking is prohibited under this article, the owner or agent shall erect metal signs; type, size, height and location shall be approved by the Director of Public Works prior to installation. (c) Internal Street Construction and Maintenance: All internal streets shall be constructed and maintained by the owner or agent. All internal streets shall be free of cracks, holes and other hazards. Internal streets shall be constructed on hard- surfaced, all-weather material and shall be approved by the Director of Public Works. (d) Access to Each Home or Space. An internal street or common access route shall be provided to each mobile home or manufactured home space. This street shall have a minimum width of thirty feet (30') if off-street parking is provided in the ratio of two parking spaces for each mobile home or manufactured home space. The internal street shall be continuous and connect with other internal streets or with a public street or shall be provided with a cul-de-sac having a minimum diameter of ninety- ` five feet(95'). (e) Parking Requirements. Two spaces per mobile home or manufactured home space shall be provided for parking, and each parking space shall be hard-surfaced with all-weather material, located to eliminate interference with access to parking 41 areas provided for other mobile homes or manufactured homes and for public parking in the park. (f) Unobstructed Access. Internal streets shall permit unobstructed access to within at least two hundred feet (200') of any portion of each mobile home or manufactured home. Speed bumps constructed to maintain safe speed of vehicles moving within the manufactured housing park shall not be considered as obstructions. Speed bumps are to be constructed at four to one inclination, not to exceed four inches (4") in height. Speed bumps shall be painted with fluorescent paint. (g) Intersections With Public Streets. Interior streets shall intersect adjoining public streets at approximately ninety (90) degrees with a curbline radius of twenty feet (20') at a location which will eliminate or,minimize interference with traffic on those public streets. (h) Common Area Parking Area Required. A minimum parking area of one hundred and fifty (150) square feet per mobile home or manufactured home space shall be provided in a common area for storage of boats or vehicles in excess of two (2) per mobile home or manufactured home space and for visitors' vehicles to minimize on- street parking and to facilitate movement of emergency vehicles into and through the park. Jh • Chapter 4:Site Development Page 4-72 1 Section 4.2.6.4 Street Lighting (a) Lighting Within the Park. Street lighting within the mobile home or manufactured housing park shall be provided by the developer along internal streets. Light standards shall have a height and spacing to ensure that an average illumination level of not less than two-tenths footcandles shall be maintained. Section 4.2.6.5 Fire Safety Standards (a) Reference. See the City's adopted Fire Code. Section 4.2.6.6 Recreational Area (a) All mobile home or manufactured housing parks shall have a recreational area amounting to five percent (5%)total area of the park. Section 4.2.6.7 Water Supply (a) Required. An accessible, adequate, safe and potable supply of water shall be provided in each mobile home or manufactured housing park. Connection shall be made to the public supply of water. The public supply shall be adequate both for domestic requirements and for fire fighting requirements established by the City. (b) Water Distribution System. (1) The water supply system of the mobile home or manufactured housing park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water. (2) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and City regulations and requirements. (c) Individual Connections. Individual connections shall be in accordance with requirements of the City plumbing code, as applicable. Section 4.2.6.8 Sewage Disposal (a) Requirements. For sewage disposal in a mobile home or manufactured housing park, the following shall apply: (1) Approval Required: All proposed sewage disposal facilities shall be approved by the City Engineer or other responsible official prior to construction. The use of septic tanks for the disposal of sewage shall not be approved except when City sewer facilities are not available. (2) Sewer Lines: All sewer lines shall be in accordance with the City plumbing code, as applicable. (3) Individual Sewer and Water Connections: a. All materials used for sewer connections shall be in accordance with City plumbing code, as applicable. Chapter 4:Site Development Page 4-73 b. Provision shall be made for plugging the sewer riser when no mobile home or manufactured home occupies the space. Surface drainage shall be diverted away from the riser. J Section 4.2.6.9 Electrical and Telephone Distribution System { . (a) All electrical wiring in the mobile home or manufactured housing park shall be in accordance with the City's adopted Electrical Code (as amended) and the requirements of the electric utility provider. All telephone lines in the manufactured '.11) housing park shall be installed underground. Section 4.2.6.10 Service Buildings and Other Community Service Facilities. (a) Applicability. This section shall apply to service buildings, recreation buildings and 4 other community service facilities in a mobile home or manufactured housing park, such as: • (1) Management offices, repair shops and storage areas; (2) Sanitary facilities; - (3) Laundry facilities; • (4) Indoor recreation areas; and (5) Commercial uses supplying essential goods or services for the benefit and convenience of manufactured housing park occupancy. (b) Barbecue Pits, Fireplaces, Stoves and Incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be located, constructed, maintained and used so as to minimize fire hazards and smoke nuisance, both on the property on which it is used and on neighboring property. No open fire shall be permitted except in facilities provided.. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. Section 4.2.6.11 Fuel Supply and Storage (a) Liquefied petroleum gas systems shall be installed only if an available natural gas system is more than 1,000 feet from the mobile home or manufactured housing park. The liquefied petroleum gas systems shall be maintained in accordance with applicable codes of the City governing these systems and regulations of the State Railroad Commission pertaining thereto. Section 4.2.6.12 Register of Occupancy (a) Maintenance of a Register. The owner or agent of a mobile home or manufactured housing park shall maintain a register of park occupancy which shall contain the following information: (1) Name and park address of manufactured housing park residents. (2) Dates of arrival and departure. Chapter 4:Site Development Page 4-74 Section 4.2.6.13 Skirting Required; Maintenance of Additions (a) Skirting shall be required for each mobile home or manufactured home in a mobile home or manufactured housing park. Skirting and other additions, when installed, shall be maintained in good repair: Section 4.2.6.14 Recreational Vehicle Parks (a) Size and Marking of Units or Sites. Each unit or site reserved for the accommodation of any recreational vehicle shall have an area of not less than 576 square feet, exclusive of driveways, and shall be at least twenty-four feet (24') wide. It shall be defined clearly by proper markers at each corner, shall be level, paved, and well drained. Any area in the City limits proposed for use as a recreational vehicle park must be zoned for a district that permits the use of land for a recreation vehicle park. (b) Location. No recreational vehicle shall be placed or erected closer than five feet from the property line separating the recreational vehicle park from adjoining property, measuring from the nearest point of the recreational vehicle. (c) Drainage. All land used as a recreational vehicle park shall be located on well- drained sites of ample size, free from heavy or dense growth or brush or weeds. The land shall be free from marsh and shall be graded or storm sewered to ensure rapid drainage during and following rain. (d) Water Supply. Each site used as a recreational vehicle park shall be provided with a connection and an adequate supply of water of safe, sanitary quality, approved by the City. Where water from other sources than that of the municipal supply is proposed to be used, the source of the supply shall first be approved by the City. (e) Collection and Removal of Waste and Garbage; Sewer System. Each recreational vehicle park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage and shall provide a proper and acceptable sewer system, either by connection to the City sewer system where it is available or to a septic tank, all of which shall comply with all laws and regulations prescribed by the health officer. If individual sewer connections at each park space are not provided, then a centralized dump station for disposal of waste and garbage shall be provided. (f) Sanitary Facilities. (1) Requirements: Each recreational vehicle park upon which two (2) or more recreational vehicles are erected or placed and where private conveniences for each site are not provided shall provide, at locations described in this section, toilets, urinals, washbasins, slop basins, showers or baths, water faucets or spigots in accordance with the following: a. One (1) toilet or stool for the female sex for every ten (10) units or fractions thereof. b. One (1) toilet or stool and one (1) urinal stall for the male sex for every twenty(20) units or fractions thereof. c. One (1) lavatory or washbasin for each toilet room having three (3) toilets or fractions thereof shall be provided. Chapter 4:Site Development Page 4-75 r,y d. One (1) shower or bathtub shall be provided for each sex for each ten (10) units or fractions thereof. e. All toilets, basins and showers shall be placed in properly constructed buildings located not more than three hundred feet (300') from any recreational vehicle unit served. f. Buildings shall be well lighted at all times, day or night, well ventilated with screened openings, and constructed of moisture-proof material to permit rapid and satisfactory cleaning, scouring and washing. • g. The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains. h. Slop sinks or basins with water supply shall be provided to serve each four units and shall be constructed in accordance with design, size and material approved by the health officer. (2) Toilet and Bathing Facilities: Toilet and bathing facilities shall be in separate rooms .or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be ( partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain onto the shower floor. (3) Materials and Cleanliness Requirements: Toilet floors shall be of impervious material, painted white or a light color and kept clean at all times. Shower stalls shall be of tile, plaster, cement or some other impervious material and shall be kept clean at all times. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be painted white or some light color and kept clean at all times. The floor of any bathroom, other than the shower stall, shall be of some impervious material. The walls of the bathroom, other than the shower stall, shall be papered with canvas and wallpaper and kept clean at all times. (g) Registration of Guests. Each person engaging accommodations for any recreational vehicle shall register and give the following information to the manager, operator or person in charge thereof: (1) Name. (2) Residence. (3) Automobile and recreational vehicle license plate number and the state in which each is registered. t • (\ t\ Chapter 4:Site Development Page 4-76 `_ ( / UNIFIED DEVELOPMENT CODE CHAPTER 5 • • DEFINITIONS Chapter 5: Definitions Page 5-1 Chapter 5: Definition ;; Article 1 - Generally Applicable Definitions Division 1 — General Definitions 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. (1) ABANDONMENT: As related to nonconforming uses and structures, having been abandoned as described in Section 2.7.3.6 of this UDC. (2) ABUTTING: Having property or district lines in common, or two objects in immediate contact. (3) ACCESS: Means of approaching or entering a property. Includes a right of passage to and from an adjacent street, alley, or property. (4) ACCESSORY: Being secondary or subordinate to something else. (5) ACCESSORY DWELLING: A subordinate building that is detached from the primary on-site structure, is used as a residence, is incidental to the main structure (i.e., the building area must be significantly less than that of the main structure), and is not involved in the conduct of a business. (6) ACCESSORY STRUCTURE (BUSINESS OR INDUSTRY): A subordinate building to a building used for nonresidential purposes that does not exceed the height of the main building and does not exceed thirty percent(30%) of the floor area of the main building, and that is used for purposes accessory and incidental to the main nonresidential use (also see Accessory Use). (7) "ACCESSORY STRUCTURE (OLD TOWNSITE): A building (maximum floor area of 660 square feet) that is not the primary structure, located on a lot that can be used as additional residential or home occupation space by the owner of the primary structure. (8) ACCESSORY STRUCTURE (RESIDENTIAL): A subordinate building that is detached from the primary on-site structure, and that is clearly incidental and • secondary to the permitted on-site use, and which does not change the character Chapter 5: Definitions Page 5-2 r thereof, including, but not limited to, garages, bathhouses, greenhouses, barns, tool sheds, or swimming pools. (9) ACCESSORY USE: A use that is clearly and customarily incidental and secondary to the permitted and/or principal use of land or building(s), and that is located upon the same lot therewith, and which does not change the character thereof, including garages, living quarters for servants, greenhouses, or tool sheds. The land/building area that is used for the accessory use is significantly less than that used for the primary use. (10) ADDITION: An extension or increase in floor area or height of an existing building or structure. (11) ADULT DAY CARE CENTER: Community-based group program which is licensed by the State of Texas.and designed to meet the needs of functionally and/or cognitively impaired adults through an individual plan of care. These structured, comprehensive programs provide a variety of health, social, and other related support services in a protective setting during any part of a day, but less than 24- hour care. Adult day care services are dedicated to keeping adults needing assistance healthy, independent, and non-institutionalized. Adult day centers generally operate programs during normal business hours five days a week. Some programs offer services in the evenings and on weekends. (12) AGRICULTURAL ANIMAL HUSBANDRY: The breeding, judging, care and/or production of farm animals. (13) AIRPORT: An area reserved or improved for the landing or take-off of aircraft other than rotary wing aircraft. (14) ALLEY: A public way which is used primarily for vehicular access to the back or side of properties. (15) ALTERED or ALTERATION: Any change, modification or transformation. (16) AMBULANCE SERVICE: Provision of private (not operated by the City of Pearland) emergency transportation which may include mobile medical care, and the storage and maintenance of vehicles. (17) AMENITIZED DETENTION/RETENTION POND: An area that is. designed to capture, store and release stormwater and that is designed as a site amenity by being aesthetically pleasing, by meeting the definition of"open space" herein, and be being constructed to seem natural (i.e., without visible concrete). Such areas have a natural edge and are constructed to resemble a naturally created lake or pond. Also refer to the definition of"amenity" below. . (18) AMENITY: Aesthetic or other characteristics of a development that increase its desirability visually, desirability to the City of Pearland, and/or its marketability to the public. Amenities may vary according to the type and nature of development, but examples include a naturalized retention/detention pond (refer to definition herein), a recreational facility, landscaping, or large trees. (19) ANTENNA: An antenna or antenna support structure used.for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for Chapter 5:Definitions Page 5-3 financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A receive-only television antenna or satellite dish antenna that exceeds four feet(4') in diameter shall also be considered to be within this definition. (20) ANTIQUE SHOP: A business which sells items whose value is greater than original purchase price because of age or extrinsic value. (21) APARTMENT: See Dwelling-Multi-Family. (22) APPEAL: A request for review of and relief from any decision applying a provision of this Code and which is authorized pursuant to Chapter 1, Article 3. (23) APPLIANCE REPAIR: The maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines. (24) ARCADE: A series of piers topped by arches that support a permanent roof over a sidewalk. (25) ARCHITECTURAL METAL: Metal products used for window and door trim, fascia, or soffit. (26) ART STUDIO AND/OR GALLERY: Where objects of art are created or displayed for the public enrichment or where said objects of art are. displayed for sale (including the teaching of both painting and sculpting). (27) ARTICULATION: An interruption/differentiation of the building wall plane with either a recess (concavity) or an offset (convexity) that projects away from the building wall plane by a measurable distance. (28) AS-BUILT/RECORD DRAWINGS: A group of drawings that depicts the final configuration of the installed or constructed improvements of a development, improvements which have been verified by the contractor as their installation or construction occurs during development. The as-built or record drawings should reflect the construction plans (or working drawings) used, corrected, and/or clarified in the field. For the purposes of this UDC, the terms "as-built drawing" and "record drawing" shall be interchangeable. (29) ASPHALT BATCHING PLANT: A permanent manufacturing facility engaged in the production of asphalt. (30) ASSISTED LIVING FACILITY: A congregate residence facility for four (4) or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.). (31) AUTO ACCESSORIES AND/OR PARTS (RETAIL SALES ONLY): The use of any building or other premises for the primary inside display and sale of new or used Chapter 5: Definitions Page 5-4 accessories and/or parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. This definition expressly does not include a "Wrecking or Salvage Yard"; this is separately defined herein. (32) AUTO RENTAL: A business establishment that provides for the renting of automobiles and light trucks on a short-term basis (differentiated from leasing, which is on a long-term basis). This may also involve the incidental storage of the automobiles and light trucks being rented. (33) AUTO REPAIR (MAJOR): General repair or reconditioning of engines, air- conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under Automobile Repair(Minor); and other similar uses. (34) 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, 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. (35) AUTO SALES/DEALER or LOT: A paved area for the display for sale of motorized and non-motorized vehicles accompanied by an on-site office with staffing during normal business hours. (36) AUTO WASH (FULL-SERVICE/DETAIL SHOP): Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle does not actually wash the vehicle. The owner either leaves the vehicle and comes back to retrieve it later, or the owner waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee. (37) AUTO WASH (SELF-SERVICE): Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is , comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine. (38) AWNING: A flexible roof-like cover that extends out from an exterior wall and shields a window, doorway, sidewalk, or other space below from the elements. (39) BALCONY: An open portion of an upper floor extending beyond a building's exterior wall that is not supported from below by vertical columns or piers. (40) BAKERY OR CONFECTIONARY SHOP (RETAIL SALES): A retail facility that is used for the production and/or sale of baked goods and confectionaries to the general public. Chapter 5:Definitions Page 5-5 (41) BAKERY (WHOLESALE): A manufacturing facility that is used for the production and distribution of baked goods and confectioneries to retail outlets. (42) BARBER /COSMETOLOGY SCHOOL/COLLEGE: A for-profit business school that offers instruction and training in the barber, beauty, and/or cosmetology, but not including any other type of trade or commercial school. (43) BAY WINDOW: Generally, a U-shaped enclosure, extending the interior space of the building outward of the exterior building wall. (44) BED AND BREAKFAST INN: A dwelling occupied as a permanent residence by an owner or renter. Within the dwelling, sleeping accommodations in not more than five (5) rooms for transient guests are provided and breakfast is provided, both for compensation. The period during which accommodations and breakfast are provided generally does not exceed seven (7) days. ,l (45) BLOCK: An area bordered or enclosed by a street or () streets. (46) BLOCK LENGTH: The distance, as measured along the 4 street centerline, from one end of a row or group of lots to —the other end. A block is determined by the streets along its boundary which surround one or more lots. Such streets shall be through streets, not cul-de-sac streets. A block — - — adjacent to a cul-de-sac shall not be counted as a block. I r d c•bbtk. (47) BOARD OF ADJUSTMENT: The Zoning Board of Figure 5-1:Block Adjustment of the City of Pearland. Also may be referred to with the acronym "ZBA". (48) BOARDING OR ROOMING HOUSE: Also referred to as Boarding House. A building, built and/or used for residential purposes, where meals are served for compensation to a person or persons residing in the building, and where no cooking facilities are provided in individual living units. (49) BRACKETS: A simple rigid structure in the shape of an L, one arm of which is fixed to a vertical surface, the other projecting. (50) BREEZEWAY: A small corridor with a roof, with no structure above it, and that is a maximum of five feet (5') in width (but may be of any length and height). The corridor provides a walking path between a main building and an accessory building, usually a garage or carport, and is commonly unenclosed (i.e., is open to the outside). (51) BUFFER: An area of land that is intended to mitigate negative impacts between land uses and/or along roadways. A buffer may be landscaped and may also include berms, walls, and/or fences. (52) BUILD-TO-LINE: A build-to line identifies the precise horizontal distance from a street right-of-way that the building must be built to, in order to create a uniform line of buildings along the street. Chapter 5: Definitions Page 5-6 (53) BUILDING: A"building" is any structure built for the support, shelter, or enclosure of persons, chattels or movable property of any kind and which is affixed to the land. This does not include any fence unless it is structurally a part of the building. (54) BUILDING - MAIN, PRIMARY, OR PRINCIPAL: A building in which the permitted and/or principal use of the lot on which such use is situated is conducted. In a residential district, any dwelling shall be deemed to be the main building on the lot on which it is situated. (55) BUILDING AREA: Area of the building site left to be built upon after the required setbacks and easements have been provided. (56) BUILDING ARTICULATION: See "Articulation". (57) BUILDING CODE: All regulations adopted under Chapter 7 of the Pearland Code of Ordinances. (58) BUILDING DEPTH: The distance from the front edge of the building to the rear measuring along the secondary face of the building. (59) BUILDING HEIGHT: The vertical distance measured from grade at the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. (60) BUILDING LINE: See "Setback Line" definition herein. Street (61) BUILDING OFFICIAL: That individual R.O.W.i.ine designated by the City Manager to insure Front Building Front Yard Setback line compliance with the Building Code of the City of Pearland, Texas, or the Building Official's --r - designee. (62) BUILDING PERMIT: An instrument in writing -o Budding r Side Building Area signed by the Building Official or other Setback!hie designated responsible official authorizing described construction on a particular lot. Rear Yard (63) BUILDING SETBACK LINE: A line defining an area on the lot between the property line and the Rear Building building line within which no building shall be Setback Line constructed, encroach or project, except as Figure 5-2:Building Setback Lines specifically authorized in an adopted City ordinance. (a) Front Building Setback Line: A line parallel to the street right-of-way line which the building faces and takes its primary access from. (b) Side Building Setback Line: A line parallel to an adjacent lot, property line, or street right-of-way on a corner lot, which the building sides up to. (c) Rear Building Setback Line: A line parallel to an adjacent lot, alley or street, for double frontage lots, which the building backs up to and has its rear or secondary access from. (64) BUILDING WIDTH: The distance from one edge of the primary building face to the other. Chapter 5: Definitions Page 5-7 (65) CAFÉ OR CAFETERIA: A commercial eating establishment where food, snacks or meals are vended for consumption primarily on the premises. This definition is intended to exclude establishments with delivery offered to automobiles away from the main building. This definition does not prohibit take-out or drive-through windows. (66) CALIPER: The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured six inches (6") above the ground for trees up to and including four inches (4") in caliper size, and as measured at twelve inches (12") above the ground for larger sizes. If the tree has been severed at less than twelve inches (12") above the soil line, then the caliper shall be measured across the stump. (67) CANOPY: The outermost branchy layer of a tree or a stand of trees, or an awning- like projection from a wall that is made of rigid materials and is permanently attached to a building's facade. (68) CURB: The edge of the vehicular pavement as a raised curb or a swale. The curb usually incorporates the drainage system. (69) CERTIFICATE OF OCCUPANCY: A Written instrument executed by the Building Official authorizing a described use of a lot or building as set forth in the Building Code and in this UDC, specifically in Chapter 1 and Chapter. 4, Section 4.1.2.4. (70) CHILD DAY CARE CENTER (BUSINESS): A licensed operation providing care for seven (7) or more children under fourteen (14) years of age for less than.24 hours a day at a location other than the permit holder's home. This definition is in conformance with Texas State law, Chapter 745, Licensing, Subchapter B, Child Day-Care Operations Chart. . (71) CHILD DAY NURSERY: Also commonly referred to as a Registered Family Home or Child Care in a Place of Residence. A facility that regularly provides care in the caretaker's own residence for not more than six (6) children under thirteen (13) years of age, excluding the caretaker's own children. Child day care can be provided for six (6) additional children before and/or after the customary school day. However, the total number of children, including the caretaker's own, provided care at such facility does not exceed twelve (12) at any given time. .This definition is in conformance with Texas State law, Chapter 745, Licensing, Subchapter B, Residential Child-Care Operations Chart. (72) CHURCH/TEMPLE/PLACE OF WORSHIP: A building for regular assembly for religious public worship which is used primarily for and designed for such purpose, along with accessory activities which are customarily associated therewith, such as a place of residence for ministers, priests, nuns or rabbis on the premises, and that is tax exempt as defined by State law. For-the purposes of this ordinance, Bible study and other similar activities which occur in a person's primary residence shall not apply to this definition. Also see Institution of Religious, Educational or Philanthropic Nature. (73) CITY: The City of Pearland, Texas, or any authorized or responsible person acting on the City's behalf. (74) CITY ENGINEER: The Pearland City Engineer or his authorized representative. ,. r Chapter 5: Definitions Page 5-8 (75) CITY MANAGER: That person holding the office of City Manager under the terms of the Pearland Charter, or an authorized representative. (76) CITY SECRETARY: That person holding the office of City Secretary under the terms of the Pearland Charter, or an authorized representative. (77) CITY STANDARDS: All- of the City's standards and specifications that apply to- development, together with all tables, drawings and other attachments. All City standards described or referred to in this Unified Development Code are adopted by referenced and are a part of this Unified Development Code in the same way as if they were set out at length herein. See also the Engineering Construction Standards Technical Manual (ECSTM). (78) CIVIC BUILDING: A building that is allowed greater design flexibility due the prominence of its public functions and often its location. Civic buildings include municipal buildings, faith-based institutions, churches, synagogues, libraries, schools, educational facilities, auditoriums, and public recreation facilities. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (79) CIVIC CENTER (MUNICIPAL): A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention or entertainment facilities owned or operated by a municipality. (80) "CLASS A" OFFICE: An office building that is ten (10) years of age or less and that has amenities such as full-time administrative staff support, high-speed internet access, telecommunications access, conference rooms or suites, break rooms, copier services, etc. Such a facility generally serves as office space for professionals such as lawyers, financial planners, engineers, etc. (81) CLEANING, DYEING OR LAUNDRY PLANT, COMMERCIAL: An industrial facility where fabrics, are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis. (82) CLINIC, MEDICAL OR DENTAL: An institution, public or private, or a station for the examination and treatment of out-patients by an individual or group of doctors, dentists, or other licensed members of a human health care profession. (83) CLUSTER DEVELOPMENT: A method of development for land that permits variation in lot sizes without an increase in the overall density of population or development. Refer to Chapter 2, Article 2, Division 4 of this Unified Development Code. (84) CLUSTER DEVELOPMENT PLAN: A plan submitted in conjunction with a proposed cluster development that authorizes such development when approved under Chapter 2, Article 2, Division 4 of this Unified Development Code. (85) COLONNADE: Similar to an arcade except that it is supported by vertical columns without arches. (86) COLUMN FACE: The front edge of the supporting pillar or cylindrical shaft. (87) COMMENCE(ING) CONSTRUCTION: The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction or development. Chapter 5: Definitions Page 5-9 (88) COMMERCIAL AMUSEMENT, INDOOR: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein all portions of the activity takes place indoors, including, but not limited to, a bowling alley, ice skating rink, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and billiard parlor. (89) COMMERCIAL AMUSEMENT, OUTDOOR: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein any portion of the activity takes place outdoors, including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, and amusement park. (90) COMMERCIAL AMUSEMENT, TEMPORARY: An amusement enterprise that is in operation on a temporary basis (i.e., one month or less) offering entertainment or games of skill to the general public for a fee or charge. Activity may take place in or out of doors. Examples include a carnival or haunted house. (91) COMMERICIAL or BUSINESS MESSAGE: A message contains or conveys commercial context or information or advertising for any business, commodity, service, entertainment, product or other attraction or event. (92) COMMERCIAL USE: A type of nonresidential land use that has one or more of the following characteristics: 1) the use is service-oriented; 2) the use does not primarily sell retail items; 3) the use sells goods or products on a wholesale basis; or 4) the use has or has the need for open storage areas or warehouses its products. Such uses include motels, auto dealerships, welding shops, manufactured home sales, mini-warehouses, funeral homes, auto body repair shops, and air conditioning and/or heating services. (93) COMMERCIAL VEHICLE/TRUCK: See Heavy Load Vehicle definition herein. (94) COMMISSION: The City of Pearland Planning and Zoning Commission. (95)• COMMON AREA: Land, not individually owned or dedicated for public use, within a development that is designed and intended for the common use and enjoyment of the residents of the development. May include complementary structures and improvements. (96) COMMON PROPERTY: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a development. (97) COMMON WALL: An approved fire-rated wall separating two (2) dwelling units or businesses. (98) COMMUNITY HOME: A place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons as licensed by the Texas Department of Mental Health and Mental Retardation (also see Chapter 123 of the Texas Local Government Code). The limitation on the number of persons • with disabilities applies regardless of the legal relationship of those persons to one another. Chapter 5: Definitions Page 5-10 (99) COMMUNITY OR SOCIAL BUILDINGS: A building or complex of buildings that house cultural, recreational, athletic, food service or entertainment facilities owned or operated by a governmental agency or private nonprofit agency. (100) COMPATIBILITY: The characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict. (101) COMPLETE APPLICATION: An application that meets the standards of Chapter 1, Article 2, Division 1, Section 1.2.2.1 of this UDC, and has been deemed complete by the City in accordance with the Texas Local Government Code, Chapter 245, or successor statute. (102) COMPREHENSIVE PLAN: The Comprehensive Plan of the City of Pearland, including any portion thereof that is separately adopted and any amendment to the Comprehensive Plan or portion thereof. (103) CONCEPT PLAN: A component of the regulations for a Planned Development District that complies with the requirements of Chapter 2, Article 2, Division 2 of this Unified Development Code that illustrates elements of the proposed Planned Development District, such as the proposed location and arrangement of uses, the relationship of such uses to base zoning districts, development phasing, planned public improvements, open space, proposed amenities and the overall design of the development. (104) CONCRETE BATCHING PLANT: A permanent manufacturing facility engaged in the production of concrete. (105) CONDITIONAL USE PERMIT (CUP): A permit authorizing the establishment of a use that may be suitable only in certain locations in a zoning district, or that is allowed only when subject to standards and conditions that assure compatibility with adjoining uses. See Chapter 2, Article 2, Division 3 and Chapter 2, Article 5, Division 2 (Land Use Matrix) of this Unified Development Code. (106) CONDOMINIUM: Two or more dwelling units on a lot with individual ownership of a unit rather than of a specific parcel of real property, together with common elements. See Article 1301 a, Tex. Rev. Civ. Stat. (107) CONSTRUCTION: With respect to a building, construction is the assembly of materials into a structure, or the rehabilitation or replacement of a structure which has been damaged, altered or removed or which is proposed to be altered or removed to an extent exceeding fifty percent (50%) of the area of the structure at the time of the damage, alteration or removal. For the purposes of this definition, construction includes the installation of a parking lot. (108) CONSTRUCTION PLANS: The drawings and technical specifications that conform to Chapter 3, Article 1, Division 8 of this UDC. Construction plans, including bid documents and contract conditions, where applicable, provide a graphic and written description of the character and scope of the work to be performed in construction of a development. (109) CONTIGUOUS: Adjacent property whose property lines are shared (i.e., abutting property lines) or are separated by only a street, alley, easement or right-of-way. Chapter 5: Definitions Page 5-11 (110) CONVENIENCE STORE WITH (OR WITHOUT) GASOLINE SALES: Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries, including possibly gasoline, if pumps are provided. Does not include or offer any automobile repair services. (111) CONVENT OR MONASTERY: A place of dwelling and/or study for persons under religious vows. (112) COPY/PRINTING SHOP: An establishment which primarily reproduces, in printed form, individual orders from a business, profession, service, industry or government organization. Off-set, letter press, and duplicating equipment are used, but no rotary presses or linotype equipment are used. Related services might include faxing, digitizing, graphic reproducing, and report assembling. (113) CORNER LOT: A lot abutting upon two (2) or more streets at their intersection(s). (114) CORNICE: A decorative horizontal feature that projects outward near the top of an exterior wall. (115) COUNCIL: The City of Pearland Council. (116) COUNTRY CLUB: An area of twenty (20) acres or more containing a golf course and/or a clubhouse and available to a private specific membership, which club may also contain adjunct facilities such as a dining room, swimming pool, tennis courts or other recreational or service facilities. (117) COURTYARD: A roofed or unroofed private open space surrounded by building walls on at least three sides. (118) CUL-DE-SAC: A local street having one (1) inlet/outlet to another street and terminated on the opposite end by a vehicular turnaround. (119) DANCEHALL/NIGHTCLUB: An establishment offering to the general public facilities for dancing and/or entertainment. (120) DAY CAMP (FOR CHILDREN): A facility utilized for the organized recreation and instruction of children, including outdoor activities in the vicinity of the facility, on a daytime basis (i.e., no overnight stays). (121) DAY NURSERY: An establishment where children, separated from their parents or guardian, are housed for care or training during the day (no overnight stay) or a portion thereof on a regular schedule more often than once a week; does not include a public school, private school, kindergarten or registered family home. (122) DENSITY, GROSS: The number of dwelling units per gross acre. All density calculations shall be made using gross acreage, inclusive of easements, thoroughfare rights-of-way, and streets dedicated and accepted prior to platting of the property. (123) DENSITY, GROSS RESIDENTIAL: The number of dwelling units per gross acre used for residential use. All density calculations shall be made using gross acreage dedicated for residential use, exclusive of easements and thoroughfare rights-of-way, and inclusive of retention/detention areas, public or private streets that are platted or will be platted as part of the development of the property, open space, recreational areas, and parks provided within the development. Chapter 5: Definitions Page 5-12 (124) DENSITY, NET: The number of dwelling units per net acre. Net density calculations are made using net acreage, exclusive of thoroughfare rights-of-way and retention/detention ton/detention areas, and private public p ate streets that are platted or are to be platted as part of the development of the property, but inclusive of open space, recreational areas, or parks. (125) DEPARTMENT STORE: A store selling a wide variety of goods, which are arranged into departments. (126) DETENTION/RETENTION POND: As defined within the City's Engineering Design Criteria Manual (EDCM). (127) DEVELOPED AREA: That portion of a plot or parcel upon which a building, structure, pavement or other improvements have been placed. (128) DEVELOPER: An individual, partnership, corporation or governmental entity undertaking the division or improvement of land and other activities covered by this Unified Development Code, including the preparation of a subdivision or development plat showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term "subdivider," - even though personnel in successive stages of a development project may vary. (129) DEVELOPMENT: Initiation of any activities related to the platting of land or construction of buildings or structures, the' construction of impervious surfaces, the installation of utilities, roadways, drainage facilities or other infrastructure; or any disturbance of the surface or subsurface of the land in preparation for such construction activities, including without limitation removal of vegetation, grading, clearing, filling, or removal of soil. (130) DEVELOPMENT APPLICATION: Either a petition for a legislative decision or an application for a development permit. (131) DEVELOPMENT PERMIT: A decision by the Commission, Board or responsible official designated by this Unified Development Code, acting in an administrative or quasi-judicial capacity, that authorizes the holder of the permit to undertake one or more development activities or to file further applications needed to initiate or continue development activities authorized under the Unified Development Code. The filing of a complete application for a development permit may or may not stay the City from adopting new standards applicable to the permit or any subordinate permit, depending on the nature of the standards. (132) DEVELOPMENT STANDARDS: All regulations, design standards, requirements and restrictions that apply to a development. (133) DIRECTOR, PLANNING: The Director of the City Department of Planning or the Director's designee. (134) DIRECTOR, PUBLIC WORKS: As defined by City Charter authorizing same position. (135) DISTRICT: A zoning district under this Unified Development Code. (136) DORMERS: Small, roofed ancillary structures with windows providing light and air to habitable space within the roof. Dormers are permitted and do not constitute a story so long as they do not break the primary eave line. Chapter 5: Definitions Page 5-13 (137) DORMITORY: Any structure specifically designed to house student tenants associated with a university, college or school, public or private. (138) DRAG STRIP/RACE TRACK: An establishment where a pre-established race course of at least'/-mile in length is located. (139) DRIVE-IN/REFRESHMENT STAND: Any place or premises used for sale, dispensing or serving of food and/or beverages to consumers in automobiles or on foot, or at an outdoor patio or table, and where indoor tables are not provided. (140) DRIVE-IN THEATER: An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. (141) DRIVEWAY: A minor private entranceway off the common access route into an off- street parking area. (142) DUPLEX: See Dwelling- Two-Family. (143) DUMPSTER: A large, metal refuse receptacle specifically designed to be emptied by heavy machinery and which is otherwise stationary. (144) DWELLING/DWELLING UNIT: Any building or portion thereof which is designed or used exclusively for residential purposes. The term "Dwelling Unit" shall not include rooms in hotels, motels or institutional facilities: (145) DWELLING - INDUSTRIALIZED HOME: (Also called Modular Prefabricated Structure or Modular Home.) A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance • device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act(Article 5221f, V.A.C.S.) (146) DWELLING - HUD-CODE MANUFACTURED HOME: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. (147) DWELLING - MOBILE HOME: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems. Chapter 5: Definitions Page 5-14 (148) DWELLING - MULTIPLE-FAMILY: A residential building designed for occupancy by three or more families, with the number of families not to exceed the number of dwelling units. The residential building contains dwelling units that are designed to be occupied by families living independently of one another, exclusive of hotels or motels. This definition includes three-family units (triplexes) and four-family units (quadriplexes), as well as traditional apartments. (149) DWELLING - PATIO HOME: A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line. (150) DWELLING - QUADRIPLEX: Four(4) dwelling units joined by common sidewalls. (151) DWELLING - SINGLE-FAMILY: A residential building, other than a mobile home, designed for occupancy by one family or individual. (152) DWELLING - SINGLE-FAMILY DETACHED: A single-family dwelling unit with no attached wall(s) or dwelling unit(s). (153) DWELLING - TOWN HOUSE: One of a group of no less than three (3) nor more than twelve (12) attached dwelling units, separated by a fire rated wall, each dwelling unit located on a separate lot. (154) DWELLING - TWO-FAMILY: A residential building containing two attached dwelling units, each designed to be occupied by one family (i.e., the building is occupied by not more than two families). (155) EASEMENT: An interest in land granted to the City, to the public generally and/or to a private entity. (156) EDCM: The acronym for the City's Engineering Design Criteria Manual. (157) EFFICIENCY APARTMENT: An apartment without a bedroom separate from other living quarters. (158) ELEVATION: The exterior walls of a building not along a frontage. (159) EMERGENCY VEHICLE: Any vehicle meeting the requirements for emergency vehicles under State Law or City Ordinance. (160) ENFORCING OFFICER: The designated Enforcing Officer of the City of Pearland or his designated representative. (161) ENGINEER: A person duly licensed under the Texas Engineering Practice Act to practice the profession of engineering. (162) ENTRANCE, PRIMARY: The principal place of pedestrian entry to a building. In the support of pedestrian activity, the primary entrance should give to the frontage rather than to the parking. (163) ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. Environmental Protection Agency, or, where appropriate, the administrator or other duly authorized official of that agency. (164) ERECT: To construct, reconstruct, install or build. Chapter 5: Definitions Page 5-15 (165) ETJ: Extraterritorial jurisdiction. See the definition of Extraterritorial Jurisdiction herein. (166) EXCAVATION: Any digging, trenching, scraping or other activity that disturbs natural soil or rock to a depth of two feet or more, other than soil disturbance incidental to the removal of trees or vegetation. (167) EXPRESSION LINE: A decorative horizontal feature that projects outward from an exterior wall to delineate the top of the first story of a multi-story building. (168) EXTENDED STAY HOTEL/MOTEL: A multi-unit, extended stay lodging facility consisting of efficiency units or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this UDC. (169) EXTRATERRITORIAL JURISDICTION: The unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the City of Pearland, the outer limits of which are measured from the extremities of the corporate limits of the City outward for the distances as may be stipulated in Chapter 42 of the Texas Local Government Code in accordance with the population of the City of Pearland, and in which area the City may enjoin violation of certain provisions of this Unified Development Code. (170) FACADE: The entire area of a side (the elevation) of a building or structure that extends from ground level to the top of a parapet, wall or eave(s) and from one corner to another. The area of a facade is defined by the outer limits of all of its visible exterior elements. Separate faces of a building oriented in the same direction or within 45 degrees of each other are considered-part of the same façade. (171) FACADE TRANSPARENCY: The quality of being able to see through the primary face of a building. (172) FAMILY: A "family" is an individual or any number of persons related by blood or marriage or not more than four(4) unrelated persons living as a single housekeeping unit. (173) FARM (RANCH, LIVESTOCK): An area used for the raising thereon of the usual farm animals such as horses, cattle, and sheep and' including the necessary accessory uses for raising, treating, and storing animals on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of husbandry specifically prohibited by ordinance or law. (174) FEED AND GRAIN STORE/FARM SUPPLY STORE: An establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery. (175) FENCE: A tangible barrier constructed of any allowable materials (excluding natural vegetation) erected for the purpose of providing a boundary or as a means of - protection, or to prevent uncontrolled access, or for decorative purposes, or to screen from viewers in or on adjoining properties and streets, materials stored and Chapter 5: Definitions * _- Page 5-16 operations conducted behind such barrier. A "Gateway" as defined herein shall not be considered a fence. (176) FENCE, LIVING: A hedge of vegetation used as a screening device or a fence with vegetation growing to it or on it which at the time of maturity prevents a visually "open" effect, providing a visual barrier by blocking the normal line of sight. (177). FENCE, PRIVACY: A solid barrier erected or constructed to prevent views across the fence line. (178) FINAL DEVELOPMENT PLAT: The plat for a development (other than a subdivision) for which platting is required which, when approved under Chapter 1, Article 6, Division 5 of this Unified Development Code, will be recorded in the official public records. (179) FINAL SUBDIVISION PLAT: The plat of a subdivision for which platting is required which, when approved under Chapter 1, Article 6, Division 5 of this Unified Development Code, will be recorded in the official public records. (180) FINANCIAL INSTITUTION (WITH OR WITHOUT MOTOR BANK SERVICES): An establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds, examples of which include banks, saving and loans, and credit unions. The establishment may or may not have the ability to provide services via a drive-up window, also known as motor bank services. (181) FIRE STATION: Any public service building of the municipal government that is used in the provision of fire protection services, including the housing of fire fighting personnel and/or apparatus. (182) FIRST FLOOR: For the purpose of determining facade requirements, first floor is defined as the vertical distance of a structure/building measured from the average established floor elevation (slab)to the space above it between the floor and the next floor or ceiling or roof, the height of said space being no more than twelve feet(12'). (183) FLOOD or FLOODING: A general or temporary condition of partial or complete inundation of normally dry land areas from: - a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation of runoff of surface waters from any source. (184) FLOOD FRINGE: That portion of the floodplain, outside the floodway,that is subject to inundation by the 100-year recurrence interval flood. (See Figure 5-3.) (185) FLOOD HAZARD AREA: Land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. This area is shown as zones A, AE, AH, AO, A1--99, VO, V1--30, VE or V on the Flood Insurance Rate Map (FIRM). (186) FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Chapter 5: Definitions . Page 5-17 [This space intentionally left blank] (187) FLOODPLAIN (or Flood-Prone Area): Any area of land that is subject to being inundated by water from any source. (See Figure 5-3 above, and definition for Flood or Flooding.) (188) FLOODWAY (Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (See Figure 5-3.) Fill above Floodplain Elevated aminimum of one-foot(I). Structure \ 100 Year Flood Elevation 4 —� .'t��,v1,,',,yy Fill .--- Flood Fringe ---Stream— Flood Fringe Floodway — 100 Year Floodplain Figure 5-3:Illustration of 100-Year Floodplain Elevation (189) FLOOR AREA: The sum total area of all climate controlled floors as calculated from measurements to outside walls. (190) FOOD STORE/SUPERMARKET: A retail market primarily selling consumable goods that are not to be eaten on the premises. Prepared food and other items and/or services may be sold only in limited quantities as a secondary or accessory use. (191) FRANCHISED PRIVATE UTILITY: A utility such as one distributing heat, electricity, _ telephone, cable television or similar service and requiring a franchise to operate in the City of Pearland. (192) FRATERNAL ORGANIZATION: An organized group having a restricted membership and specific purpose related to the welfare of the members. Examples include common organizations such as the Elks, Masons, Knights of Columbus, or a labor union. (193) FRATERNITY OR SORORITY HOUSE: A building other than a hotel that is occupied only by individuals enrolled in a college or university located within the City and persons to attend the house and supervise activities of the fraternity or sorority. Except for the attendants, each resident is a member of a fraternity or sorority that is recognized by the college or university and chartered by a state or national organization. Chapter 5:Definitions Page 5-18 • (194) FRONTAGE: The linear distance of the property line abutting the street right-of-way upon which the property is addressed. (195) FRONT PORCH: see porch. (196) FUNERAL HOME: A place for the storage of human bodies prior to their burial or cremation, which may also be used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. (197) GAMING ESTABLISHMENT: A video arcade, game room, or other establishment that has more than four (4) eight-liners or other amusement machines on which are played games of chance for use by the general public for a fee or charge. (198) GARDEN SHOP & OUTSIDE PLANT SALES: (Also referred to as Plant Nursery.) An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting. (199) GARDEN WALL: A masonry wall defining a property line or delineating a private area. (200) GASOLINE SERVICE STATION: An establishment where gasoline is sold and dispensed into motor vehicle tanks. (201) GATEWAY: A marker for a point of arrival or entrance. (202) GOLF COURSE (PRIVATE): An area of twenty (20) acres or more improved with • trees, greens, fairways, hazards, and which may include clubhouses, and which is owned and operated by a private business entity. (203) GOLF COURSE (PUBLIC): An area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses, and which is owned and operated by the City of Pearland. (204) GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet (5') in distance from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet (5') in distance from said wall. In case walls are parallel to and within five feet (5') of a public side-walk, alley or public way, the grade shall be the elevation of the sidewalk, alley or public way. See Figure 5-4 Chapter 5: Definitions Page 5-19 Y ! t as ` r 1 „ GRADE(Adjacent Ground Elevation) _� shall be the lowest point of elevation • of the finished surface of the ground i between the exterior wall of building // and a point five feet(5')in distance from said walL If walls are parallel to and within five feet(5') of a public sidewalk,alley,or public way,the �1.-�— c r=. grade shall be the elevation of the sidewalk, ��---or alley,or public way. Figure 5-4: Grade (205) GROSS LEASABLE AREA: The total floor area of a building which is designed for tenant occupancy and use, including basements and mezzanines, and measured to center lines of joint partitions and to outside of exterior walls, excluding mechanical equipment, storage, restrooms, stairwells, elevator shafts and other common areas. (206) HABITABLE: A space in a structure available for living, sleeping, eating, cooking, or any commercial purposes. However, storage space is not considered to be habitable space. (207) HARDWARE STORE: A store in which the primary items offered for sale are wares such as fittings, tools, machinery, utensils and other similar objects. (208) HEAVY LOAD VEHICLE: A self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise. (209) HEAVY MACHINERY SALES, STORAGE & REPAIR: The sale, trade, transfer, storage, and/or repair of any motor propelled machinery used for excavation and/or construction purposes. (210) HELIPORT/HELIPAD: A landing facility for rotary wing aircraft subject to regular use and which may include fueling or servicing facilities for such craft. (211) HOBBY SHOP: See Specialty Shop. • (212) HOLIDAY: A day on which custom dictates commemoration of a particular event. For the purposes of this UDC, holiday shall be deemed to include any day(s) of religious celebration, such as Christmas, Hanukah, and Easter, as well as the 4th of July, Labor Day, Memorial Day, Presidents' Day, Martin Luther King Day, Halloween, Valentine's Day. (213) HOME FOR ALCOHOLIC, NARCOTIC OR PSYCHIATRIC PATIENTS: An institution offering in- or out-patient treatment to alcoholic, narcotic or psychiatric patients. Chapter 5: Definitions Page 5-20 (214) HOME IMPROVEMENT CENTER: Materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. (215) HOME OCCUPATION: An occupation carried on in a dwelling unit, or in an ' accessory building to a dwelling unit, by a resident of the premises, and which is clearly incidental and secondary to the use of the premises for residential purposes. (216) HOMEOWNERS ASSOCIATION/PROPERTY OWNERS ASSOCIATION: An incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot and/or home owner in a planned unit or other described land area is automatically a member, (b) each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge, if unpaid, becomes a lien against the property. (217) HOSPITAL (FOR PROFIT): A building or portion thereof, used or designed for the housing or treatment of sick or injured patients where they are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas. This definition does not include rooms in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons. Said building houses a business operation intended to make a profit for the financial gain of the shareholders/owners of the operation. (218) HOSPITAL (NON-PROFIT): A building or portion thereof, used or designed for the housing or treatment of sick or injured patients where they are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas. This definition does not include rooms in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons. Said building houses a business operation that is not intended to make a profit for financial gain of any shareholder/owner of the operation. (219) HOTEL/MOTEL: A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and possibly providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities, on an accessory use basis. For the purposes of this definition, a guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. (220) HOUSEHOLD CARE FACILITY: (Also referred to as Hospice.) A dwelling unit which provides residence and care to persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition shall be consistent with that of "assisted living facility" in Texas Health and Safety Code Section 247.002 as it presently exists or may be amended in the future. (221) IMPERVIOUS COVER: The total amount of impermeable surfaces, including buildings, pavement, and rooftops, which prevent the infiltration of water into the soil. a. Any outside area that is covered with a roof structure, whether fully enclosed or not, shall be considered as part of the total amount of impermeable surfaces. Chapter 5: Definitions --- Page 5-21 b. Wooden decking — planks of wood with gaps (approximately 1/4-inch) in between — is not considered as part of the total amount of impermeable surfaces. c. However, other typical outdoor surfaces that do not allow for water infiltration, such as exposed aggregate surfacing or concrete porches, shall be considered as part of the total amount of impermeable surfaces. d. Swimming pools shall not be considered as part of the total amount of impermeable surfaces. (222) IMPROVED LOT OR TRACT: A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. (223) INDUSTRIAL, MANUFACTURING: Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried.on for the wholesale market, rather than for direct sale to the domestic consumer. (224) INSTITUTION OF RELIGIOUS, EDUCATIONAL OR PHILANTHROPIC NATURE: A nonprofit, religious, or educational semi-public or public use, such as the Salvation Army, Habitat for Humanity, or an outreach religious facility. (225) INTEGRATED BUSINESS DEVELOPMENT: A subdivision of land into separate lots that are utilized for nonresidential uses, where: 1. the subdivision is achieved by a single plat that is filed by an owner who owns the entire property being platted; 2. the plat, or an amending plat or replat thereof, contains a note that individual on-premise ground signs shall not be allowed on any lot in said subdivision if the use on said lot is advertised on a multi-user sign is erected on any lot in the subdivision; and 3. each lot in the subdivision is contiguous to at least one other lot in the subdivision. (226) INTERESTED PERSON: A person who is impacted by a final decision of the City to the extent that such impact exceeds the impact of the decision on a member of the general public. An interested person may include any officer or agency of the City. (227) KINDERGARTEN: Any school, private or parochial, whether operated for profit or not, attended by children during any part of a day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. (228) LABORATORY, MEDICAL OR DENTAL: An indoor establishment that includes laboratories and/or experimental equipment for medical or dental testing, prototype design and development, and product testing. (229) LABORATORY, SCIENTIFIC OR RESEARCH: An indoor establishment equipped for experimental study in a science or for testing and analysis. Chapter 5: Definitions Page 5-22 (230) LANDSCAPED: Adorned or improved by contouring land and placing thereon live flowers, shrubs, trees, grass, other vegetation, water features, and/or pervious rock material. (231) LANDSCAPED AREA: The area of a developed site/lot that is required by this UDC to consist of landscaping materials, trees and/or groundcover. Refer to Chapter 2 and Chapter 4 for specific requirements. (232) LAUNDROMAT (SELF-SERVICE LAUNDRY): A facility where patrons wash, dry or dry clean clothing and other fabrics in machines that are operated by the patron. (233) LAUNDRY/DRY CLEANING (RETAIL ONLY - DROP OFF/PICK UP): A facility used for the purpose of receiving articles,or goods of fabric to be subjected to the process of laundering, dry cleaning, or cleaning elsewhere, and for the pressing and distribution of any such articles or goods that have been subjected to any such process. (234) LIGHT INDUSTRIAL USE: A use engaged in the processing, manufacturing, compounding, assembling, packaging, treatment, or fabrication of materials and products, from previously manufactured materials. Such use is capable operating in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, odor, etc. (235) LIGHT LOAD VEHICLE: A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles. (236) LIGHT MANUFACTURING: Process(es) which does not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which does not generate noise or vibration at the boundary of the district which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. (237) LOCAL UTILITY LINE (Above-Ground or Below-Ground): The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad- and pole-mounted transformers. (238) LODGING: Premises available for daily and weekly renting of bedrooms. (239) LOT: An undivided tract or parcel of land shown and designated with a tract or lot number on a duly recorded subdivision or development plat. A lot is or may be offered for sale, conveyance, transfer or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number or symbol in a duly approved subdivision plat that has been properly filed of record. (240) LOT COVERAGE: The amount of impervious cover(see definition) on a lot. (241) LOT MEASUREMENT: Refer to Chapter 2, Article 6, Division 1 for diagrams related to these definitions. a. Lot Area - The net area of the lot, expressed in square feet or acreage and shall not include portions of any public street or alley, but may include easements. For flag lots, the area of the lot that does not meet the applicable minimum lot width shall be excluded. Chapter 5:Definitions Page 5-23 b. Lot Depth - The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear (the mean horizontal distance between the front and rear lot line). For flag lots, the distance between the midpoints of straight lines connecting the foremost points of the side lot lines where the lot satisfies the applicable minimum lot width and the rearmost points of the side lot lines in the rear. c. Lot Width - The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard. d. Lot, Double Frontage -Any lot, not a corner lot, with frontage on two streets that are parallel to each other or within 45 degrees of being.parallel to each other. e. Lot, Flag—a lot which has frontage and width at the building line that is less than the minimum required width, but which satisfies the required lot width at a point further away from the front property line than is the building line. The portion of the lot that has frontage but does not satisfy the minimum width is hereby designated the "pole" and the portion that meets the minimum lot width but at a point further away from the front property line than is the building line is designated as the "flag." No flag lot shall have more than one (1) pole portion, and said pole shall have a minimum length equal to the minimum lot depth for the zoning district in which the lot is located and a maximum length no greater than five hundred feet (500'). The entire flag portion of a flag lot shall meet the minimum lot width for that zoning district. f. Lot, Irregular - Any lot not having equal front and rear lot lines or equal side tot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than 90 degrees. g. Lot Line: the boundary that legally and geometrically demarcates a lot. h. Lot, Thumbnail (or Eyebrow) - A partial cul-de-sac bulb, usually with a central angle of 180 degrees or less. (242) MAIN BUILDING: The building on a lot which are occupied by the primary (main) use. (243) MANUFACTURED HOME: See Dwelling—HUD-Code Manufactured Home. (244) MANUFACTURED HOME DISPLAY, SALES AND/OR RENTAL (NEW OR USED): The offering for sale, rental, storage, or display of new or previously owned (i.e., used) manufactured housing units (e.g., mobile homes/trailers, HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis. (245) MANUFACTURED HOME/MOBILE HOME SPACE: A division of a parcel of land into a single lot for use by a single manufactured home or mobile home, as applicable. (246) MANUFACTURING, PROCESSING and FABRICATION: Activities or facilities including, but not limited to, beverage plant, fabrication, metal finishing, foundry, ice plant, machine shop, planing mill, printing plant, publishing and bindery plant, masonry products manufacturing, refinery for nonagricultural products, food products, processing and packaging plant, precision instruments manufacturing, and research laboratory. Chapter 5: Definitions Page 5-24 (247) MARQUEE: A roof-like structure projecting over the entrance to a building. It may also project over a sidewalk adjacent and parallel to the front wall of a building. (248) MASONRY: Brick, stone brick veneer, custom treated tilt wall, decorative or textured concrete block, split face block and stucco. EIFS (exterior insulation and finish systems) shall be included within this definition only for the purposes of masonry trim. (249) MASTER PLAT: The initial plat for a subdivision to be developed in phases that delineates the sequence and timing of development within the proposed subdivision, and that is reviewed and decided under Chapter 3, Article 1, Division 2 of this Unified Development Code. (250) METAL: 24-gauge or heavier architectural panels (wall systems) with concealed fasteners and no exposed seams. Corrugated metal, exposed fasteners, and exposed seams are not included in this definition. Other materials (i.e., from technological advances) may be considered metal by the City when such materials are deemed to be the same or better in quality and appearance. (251) MINI-WAREHOUSE/SELF-STORAGE: Small individual storage units for rent or lease, restricted solely to the storage of items, such as motor vehicles, trailers, boats, bulky household goods, and sundry personal property. There is no conduct of sales, business or any other activity within the individual storage units. (252) MINOR SUBDIVISION PLAT: A plat dividing land into no more than four(4) lots that may be administratively approved under certain circumstances under Chapter 3, Article 1, Division 6 of this Unified Development Code. (253) MOBILE HOME: See Dwelling—Mobile Home. (254) MOLDINGS: An embellishment in strip form, made of wood or other structural material, that is used to decorate or finish a surface. (255) MULLIONS: A vertical member, as of stone or wood, dividing a window or other opening. (256) MOTION PICTURE THEATER (INDOORS): An indoor establishment charging admission to the general public for the privilege of observing a live, televised, or motion picture performance. (257) MULTIPLE BUILDING COMPLEX: More than one (1) principal structure on a building lot. (258) MULTIPLE-OCCUPANCY or MULTI-TENANT: One or more adjacent premises containing two or more occupancies, each having main entrances directly from the exterior of a common building or complex of buildings and utilizing common facilities for vehicular access, parking, landscaping, etc. (259) NONCONFORMING LOT: A lot that does not conform to the regulations of Chapter 2 of this Code. See Section 2.7.2.3 for further information. (260) NONCONFORMING STRUCTURE: A structure that does not conform to the regulations of Chapter 2 of this Code. See Section 2.7.2.2 for further information. (261) NONCONFORMING USE: A use of property that does not conform to the regulations of Chapter 2 of this Code. See Section 2.7.2.1 for further information. • Chapter 5: Definitions Page 5-25 (262) NURSING/CONVALESCENT HOME: (Also referred to as Long-Term Care Facility or Skilled Nursing Facility.) A facility providing primarily in-patient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization. (263) OCCUPANCY: Any utilization of real property. (264) OFF-STREET PARKING INCIDENTAL TO NONRESIDENTIAL MAIN USE: Off- street parking spaces provided in accordance with the requirements of this Ordinance, located on, the lot or tract occupied by the main nonresidential use or within the vicinity of such lot or tract, and located within the same zoning district as the main nonresidential use or in an adjacent parking district. (265) OFFICE/CLINIC, VETERINARIAN: A place where a veterinarian maintains treatment facilities for diseased or injured animals, including boarding facilities (no outside pens or kennels). (266) OFFICE, MEDICAL/DENTAL: An office or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients. (267) 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 post- secondary education. Specifically excludes any activity involving sales of personal property and veterinary clinics. (268) OFFICE WAREHOUSE STORAGE OR SALES: An establishment with more than twenty-five percent (25%) of the total floor area devoted to storage and warehousing, and may include the sales,of office products, but sales are not generally accessible to the public. (269) OFFICIAL FILING DATE: The date that a complete application (see definition) has been accepted by the City for filing. (270) OPEN SPACE: Property designated for recreational use, including a private park, play lot, plaza or ornamental area intended for use or enjoyment by people. Open space does not include streets, alleys, utility easements, public parks or required setbacks. (271) ORCHARD: An area of two (2) acres or more which is used for the growing of farm products, vegetables, fruits, trees and/or grain and including incidental and/or necessary accessory. uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine or other animals and not including any type of agricultural animal husbandry as specifically defined. (272) OUTSIDE DISPLAY: (Also referred to as Outside or Outdoor Sales.) Any primary use of a premises whereon goods, materials, or merchandise is displayed for the purpose of sale on a temporary basis for not more than twenty-four (24) hours, and which the display area is greater than thirty percent (30%) of the gross floor area of the principal building • Chapter 5: Definitions Page 5-26 (273) OUTSIDE STORAGE: (Also referred to as Open Storage.) Keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract on a generally permanent basis for more than twenty-four (24) hours. This includes storage within boxes, containers, portable sheds, trailers, and other structures that are not permanently affixed to a foundation, do not resemble the main onsite building in architectural style, or are not assembled onsite. (274) OVERLAY ZONING DISTRICT: A zoning district that establishes regulations that combine with the regulations of an underlying (base) zoning district. The purposes of an overlay district shall be to prohibit uses otherwise allowed in the base district, to establish additional or different conditions for such uses, or to authorize special uses, together with standards for such uses, not otherwise allowed in the base district. • (275) PARK OR PLAYGROUND (PRIVATE): A recreation facility, park or playground which is not owned by a public agency such as the City or School District, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public. (276) PARK OR PLAYGROUND (Public; Municipal): Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Pearland's Code of Ordinances. (277) PARKING LOT (Commercial Auto): Area, enclosed or unenclosed, sufficient in size to store automobiles, pickups and/or trucks and permitting ingress and egress of " vehicles to a street or alley. (278) PARKING LOT (Truck Storage): A place where one or more trucks are parked or stored. (279) PARKING AREA: An off-street area for the temporary storage of motor vehicles, whether free, for compensation or as an accommodation for clients or customers. (280) PARKING, STACKED: Also known as Tandem parking. An off-street parking stall arrangement, not more than two spaces in depth, wherein one space is located directly in front of another space and requires the moving of the rear vehicle in order for another vehicle to enter or leave the forward space. (281) PARKWAY AREA: That portion of the public right-of-way laying primarily between the edge of the pavement or curb and the private property line. (282) PAVED: Ground surface covered with concrete and constructed in conformance with applicable requirements of the City of Pearland Building Code. (283) PAWN SHOP: An establishment where articles are traded in exchange for money plus a right to redeem such articles within a given amount of time upon repayment of such money with interest. The,establishment may also be involved in the retail sale of primarily used items is also allowed, provided that the sale of such items complies with local, State and Federal regulations. (284) PERMITTED USE: A use specifically allowed in one (1) or more of the various districts by right. This term does not include conditionally permitted uses. Chapter 5: Definitions Page 5-27 (285) PERSON: A natural person, his heirs, executors, administrators, or assigns and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid. (286) PERSON IN CHARGE: Any person who has real or apparent care, custody, and control of real property or buildings located thereon. (287) PERSONAL SERVICE SHOP: A retail establishment for the purpose of supplying limited personal services, including but not limited to: cleaning and laundry collection station; interior decorating; watch and jewelry repair; art gallery; library; museum; ._y studio for professional artwork, photography, dance or fine arts, including teaching of applied and fine arts; this definition does not include massage parlors, barber shops, beauty shops, or hairdressers. (288) PET CARE FACILITY/ANIMAL KENNEL: A commercial establishment in which dogs or other domesticated (pet) animals are housed, groomed, bred, boarded, trained, sold, or provided other health and well-being related services, for a fee or compensation. This term along with the parenthetical phrase "without outdoor pens" means that all of the listed activities occur indoors, except outdoor exercise under supervision for a limited period of time (e.g., one-half to one hour at a time). This term along with the parenthetical phrase "with outdoor pens" means that all of the listed activities may occur outdoors for an extended period of time. This term does not include a veterinary clinic. (289) PETITION FOR A LEGISLATIVE DECISION: A request for approval of an action authorized under this Unified Development Code requiring action by the City Council '.v acting in its legislative capacity. ' (290) PETITION FOR CHANGE IN NON-CONFORMING STATUS: A request by a property owner to the City of Pearland Zoning Board of Adjustment (ZBA) under Chapter 2, Article 2, Division 5 of this Unified Development Code for a change in the status of a non-conforming use or structure to allow for modification to the use or property owned. (291) PETITION FOR RELIEF FROM DEDICATION OR CONSTRUCTION REQUIREMENT: A request for relief from a requirement imposed under this Unified Development Code to dedicate or construct a public improvement based on constitutional standards, and that is reviewed and decided under Chapter 1, Article 3, Division 2 of this Unified Development Code. (292) PETROLEUM PRODUCTS BULK STORAGE (WHOLESALE): A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions. (293) PLANNED DEVELOPMENT (PD) DISTRICT: A land development project comprehensively planned which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features. Such district adheres to the standards of Chapter.2, Article 2, Division 2 of this UDC. Chapter 5:Definitions Page 5-28 (294) PLAT: A map, drawing, chart or plan showing the exact layout and proposed construction of a proposed development into one or more lots, blocks, streets, parks, school sites, commercial or industrial sites, easements, alleys and/or any other elements as required by this Unified Development Code and which a subdivider shall submit for approval in accordance with this Unified Development Code'. (295) POLICE STATION: Any public service building of the municipal government that is used in the provision of police protection services, including the housing of police personnel and related automobiles. (296) PLAZA: An unroofed public open space designed for pedestrians that is open to public sidewalks on at least one side. (297) PORCH, (FRONT PORCH): The ground floor platform attached to the front or side of the main building. (298) PRELIMINARY DEVELOPMENT PLAT: A plat that illustrates and thereby assures the adequacy of public facilities needed to serve the intended development and the overall compliance of such development with applicable requirements of the Unified Development Code and that is reviewed and decided prior to approval of a Final Development Plat under Chapter 3, Article 1, Division 4 of this Unified Development Code. (299) PRELIMINARY SUBDIVISION PLAT: A plat that illustrates and thereby assures the general layout of a proposed subdivision, the adequacy of public facilities needed to serve the proposed subdivision, and the overall compliance of the land division with applicable requirements of the Unified Development Code and that is reviewed and decided prior to approval of a Final Subdivision Plat under Chapter 3, Article 1, Division 3 of this Unified Development Code. j (300) PREMISES: A parcel or tract of land or one or more platted lots under the same ownership and use, together with the buildings and structures located thereon. (301) PRIVATE OPEN SPACE: Private property under common ownership designated for recreational use, including a private park, play lot, plaza or ornamental area intended for use or enjoyment of property owners within a subdivision. Open space does not include streets, alleys, utility easements, public parks or required setbacks. (302) PROJECT COVERAGE: The total amount of impermeable surfaces (impervious cover) of an entire proposed development, as opposed to the lot-by-lot amount defined for the impervious cover calculation. (303) PROJECTING FACADE ELEMENTS: Building elements which attach to the outside of the primary building envelope. Projecting facade elements can include stoops, porches, bay windows, awnings, canopies, second-floor balconies, colonnades, or arcades. (304) PROPANE SALES (RETAIL): Retail sales of gaseous substances commonly used for household purposes such as propane or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc. (305) PUBLIC ART: Art that is visually or physically accessible to the public (within the public realm e.g. a Street) and that is acquired by City funds, donated to the City, or Chapter 5: Definitions Page 5-29 provided by a private entity as a community benefit, including monuments and statues, building ornament, and visible public infrastructure such as bridges, etc. (306) PUBLIC EDUCATIONAL FACILITIES: Facilities that are used to provide instruction or education by primary or secondary schools or institutions of higher education that receive public funding. Private schools, day cares and other similar uses, and facilities not used for instructional purposes such as administrative and service facilities shall not be included in this definition. (307) PUBLIC FACILITIES: Infrastructure and municipal service improvements owned and/or operated by the City, excluding dry utilities such as gas, phone, cable, etc. (308) PUBLIC OPEN SPACE: Property that is owned by or dedicated to the City and that is designated for recreational use, including a park,. play lot, plaza or ornamental area intended for use or enjoyment of citizens. Open space does not include streets, alleys, utility easements, public parks or required setbacks. (309) PUBLIC RIGHT-OF-WAY: A strip of land used or intended to be used, wholly or in t _ part, as a public street, alley, crosswalk way, sidewalk or drainageway. (310) PUBLIC VIEW: Areas that can be seen from any public street. (311) RECONSTRUCTION: Rehabilitation or replacement of a structure which either has been damaged, altered or removed or which is proposed to be altered or removed to an extent exceeding fifty percent (50%) of the replacement cost of the structure at the time of the damage, alteration or removal. (312) RECORD DRAWINGS: See As-Built/Record Drawings. (313) RECORDED PLAT: A development plat or a subdivision plat that has been finally approved by the City and that has been filed with the applicable County after meeting all City requirements for recordation under Chapter 3, Article 1, Division 5 of this Unified Development Code. `r- (314) RECREATION CENTER (PRIVATE, FOR PROFIT): An indoor business establishment used for recreation and social activities. (315) RECREATIONAL VEHICLE (RV): A vehicle that is: a. Built on a single chassis; b. Four hundred (400) square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently tow-able by a light-duty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel or seasonal use. (316) REFUSE CONTAINER: Any container, including dumpster, used as temporary storage of routinely collected waste. (317) REFUSE DUMP: A place reserved or used for the dumping or accumulation of refuse or discarded matter. (318) REGISTERED FAMILY HOME: See Child Day Nursery. (319) REHABILITATION CARE FACILITY (HALFWAY HOUSE): A dwelling unit which provides residence and care to not more than nine (9) persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, Chapter 5: Definitions Page 5-30 mental illness, or antisocial or criminal conduct living together with not more than two (2) supervisory personnel as a single housekeeping unit. (320) REHABILITATION CARE INSTITUTION (BUSINESS): A, facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. (321) REMAINDER TRACT: Land that is part of a larger parcel that is not subject to a subdivision plat affecting the parcel. (322) REMODELING: Renovation, alteration or repair of an existing structure that is not an addition. (323) REPAIR: To restore or mend to sound working condition after damage, decay or failure. (324) REPLACEMENT: The act of moving one structure from its existing location or site and replacing it with another structure. (325) RESERVE: (To Be Added.) (326) RESIDENTIAL USE: A dwelling unit or group of dwelling units; includes dwelling units within the upper story or stories of a building wherein other parts of the building are used for a nonresidential purpose or purposes, such as a retail establishment or office. (327) RESPONSIBLE OFFICIAL: The director of the City department who has been designated to accept a type of development application for filing, to review and make recommendations concerning such applications, and where authorized, to initially decide such applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of this Unified Development Code with respect to such development applications. Also includes any designee of the director of the applicable City department. (328) RESTAURANT (WITH DRIVE-IN SERVICE OR DRIVE-THRU SERVICE): An eating establishment where food or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises. An area may also be provided for the consumption of food the premises. (329) RESTAURANT (WITH NO DRIVE-IN OR DRIVE-THRU SERVICE): An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window. (330) RETAIL SHOP FOR ACCESSORIES, GIFTS & SIMILAR GOODS: An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (331) RIBBON CURB: A concrete boundary marking the edge of a roadway or paved area and, unlike a typical raised curb, is not vertically separated from the roadway or paved area. Chapter 5:Definitions Page 5-31 (332) SCHOOL - OTHER THAN PUBLIC OR PAROCHIAL: A school under the sponsorship of a private agency or corporation,other than a religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools. (333) SCHOOL - PUBLIC OR PAROCHIAL: A school under the sponsorship of a public or religious agency which provides elementary or secondary curricula, but not including private business or trade/commercial schools. (334) SCHOOL - TRADE OR COMMERCIAL: A for-profit business that offers vocational instruction and training in trades such as the computer industry, welding, brick laying, machinery operation/repair, and similar trades. (335) SCREENING WALL: (Also called Solid Wall.) A solid vertical barrier constructed of masonry materials that is intended to separate and limit visibility between that which is on either side of the barrier, for example adjacent land uses or particular site elements. (336) SEAT: One (1) sitting space equal to eighteen (18) inches of bench or pew width if other than an individual chair. (337) SECONDARY BUILDING SETBACK: The area of a lot measured from a lot line to a secondary building. (338) SECURITY DWELLING: An accessory dwelling incidental and subordinate to the primary use. The function of a security dwelling would be the protection and security of the primary use served. (339) SETBACK LINE: A line which marks the setback distance from the property line, and establishes the minimum required front, side or rear yard space of a building plot. (340) SHALL: As used in this Code, is mandatory and not discretionary. (341) SHARED USE OF TOWERS: Also referred to as "Co-location". The use of a single ` antenna support structure and/or site by more than one communications provider. (342) SHED: (Also referred to as Tool Shed.) An accessory structure typically used for storage that is: (1) constructed onsite; (2) securely affixed to the ground by means of a permanent foundation or with tiedowns designed to be used to anchor a shed to the ground; (3) resembles the main onsite structure in architectural style; and (4) does not exceed fifteen percent (15%) of the square footage of the main onsite structure in size. (343) SHELTERED CARE FACILITY: A nonprofit or for-profit boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. (344) SHOPPING CENTER OR INTEGRATED BUSINESS DEVELOPMENT: A commercial development such as a strip center, mall, multi-tenant office building, commercial center, or industrial complex in which two (2) or more separate businesses occupy a single or multiple structures which share on-site parking and common driveways. Chapter 5:Definitions Page 5-32 (345) SIDEWALK: Also called a Walkway. A paved pedestrian way generally located within the public street right-of-way but outside the.roadway. (346) SIGHT TRIANGLE: A triangle-shaped area adjacent to the intersection of two streets, formed by two lines. (347) 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. (348) SIGN COPY: The letters, numbers, symbols or geometric shapes, either in permanent or changeable form, on the surface of a sign. (349) 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. (350) SIGN, ATTACHED: Any sign attached to, applied on or supported by any part of a building or accessory structure. Also may be referred to as"building sign". (351) 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. (352) 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. (353) 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. (354) 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. (355) 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. (356) 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. (357) 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). (358) SIGN, ILLUMINATED: A sign exposed to artificial lighting by light sources located on or in the sign or specifically directed toward the sign. • Chapter 5: Definitions Page 5-33 (359) 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. (360) SIGN, MONUMENT: See Ground Sign. (361) 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. (362) 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. (363) 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. (364) 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. (365) SIGN, OFF-PREMISE PORTABLE: An off-premise sign which is also a portable sign. (366) 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. (367) 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. (368) 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. (369) 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. (370) 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". (371) 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. Chapter 5: Definitions Page 5-34 (372) SIGN, SUBDIVISION IDENTIFICATION: Any sign that is a permanent sign identifying an entrance to a residential or nonresidential (e.g., office park) subdivision. (373) SIGN, SUSPENDED: Signs which hang or are suspended from any projecting element off the façade of the building. This can include Blade Signs. (374) 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. (375) SITE: A tract of property that is the subject of a development application. (376) SITE DEVELOPMENT PLAN: The final step of the development process within a PD district, if required by the ordinance adopting the PD. Refer to Section 2.2.2.9 of this . _► UDC. (377) SITE PLAN: A scaled and detailed drawing that conforms to the requirements of this UDC, specifically Chapter 4, Article 1, Division 1, and that shows the roads, parking, footprints of all buildings, existing trees, proposed landscaping, parkland, open space, grading and drainage, and similar features needed to verify compliance with the City's approved land use plan and development standards. (378) SITE PREPARATION PERMIT: A permit that is issued under Chapter 4, Article 1, Division 2, Section 4.1.2.2 of this Unified Development Code, that authorizes site preparatory activities other than construction or placement of a structure on the land - under one or more site plans and that, upon approval, authorizes the property owner to apply for a construction permit. (379) SPACE: A plot of ground within a mobile home or manufactured housing park designed for the accommodation of one (1) mobile home or manufactured home, together with the open space as required by this UDC. This term also includes the terms "lot", "stand" and "site". Space may also mean any plot or parcel of ground upon which is erected any accommodation for any recreational vehicle or structures of a temporary nature for living and sleeping purposes. (380) SPECIAL EXCEPTION: A City-authorized modification of zoning standards applicable to particular types of development within any zoning district in a manner consistent with the overall intent of the zoning regulations and for which express standards are prescribed in Chapter 2, Article 2, Division 5, Section 2.2.5.1 of this UDC. (381) SPECIALTY SHOP: An establishment for the purpose of supplying limited specialty items for hobbies and other similar activities including but not limited to: antiques, art objects and supplies, ceramic supplies, books, camera and photo supplies, candy, florist, gifts, greeting cards, framing, stamps and coins, stationery, and tobacco. (382) STABLE, COMMERCIAL: A facility used for the rental of a stall space or or spaces, or for the sale or rental of horses or mules. (383) STABLE (PRIVATE, PRINCIPAL OR ACCESSORY USE): A facility used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale. Chapter 5: Definitions Page 5-35 (384) STOOP: A staircase on the facade of a building, usually constructed of concrete or stone, that leads either to a small unwalled entrance platform or directly to the main entry door. (385) STOREFRONT WINDOWS: The large glass window facing the front of the building in a commercial, retail or office structure. (386) STREET: The entire width between property lines when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. This definition shall include public as well as private streets. An "Alley" is not considered to be a street, and is separately defined herein. (387) STREETSCAPE: The principal variables of streetscape are the type and dimension of curbs, walks, planters, street trees and streetlights. (388) STRUCTURE: Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Also see "Building". (389) STUDIO, HEALTH REDUCING OR SIMILAR SERVICE: Includes, but is not limited to, an establishment which provides facilities and equipment, such as gymnasiums, weight rooms, swimming pools or spas, exercise apparatus and instruction classes, which are intended to promote health, fitness, weight reduction and/or similar health- related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only. (390) STUDIO - TATTOO OR BODY PIERCING: A building or portion of a building used for selling and/or, applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body. (391) STUDIO FOR RADIO AND/OR TELEVISION: A building or portion of a building used as a place for radio or television broadcasting. (392) SUBDIVIDE: (a) Is the following when done for the purpose of sale or building development: 1. The division of any tract of land into two or more tracts or lots; or 2. The assembly of two or more tracts of land into one tract or lot. (b) Is the following with regard to changes to a recorded subdivision plat: 1. A resubdivision of all or part of the subdivision; 2. Any change of lot size or lot lines; or 3. The relocation of any street. (393) SUBDIVIDER: Any person or any agent of the person dividing or proposing to divide land so as to constitute a subdivision, as that term is defined in this section. In any event, the term "subdivider"' is restricted to include only the owner, equitable owner or authorized agent of the owner or equitable owner of land to be subdivided. Chapter 5: Definitions Page 5-36 (394) SUBDIVISION: Pertaining to land for which a plat has been recorded, subdivision means an area of subdivided lots; pertaining to the act of subdividing land, see the definition of subdivide herein. (395) SUBMITTAL DATE: The date upon which the responsible City staff person makes a determination that a zoning or development application is complete, or when a fee receipt is issued by the City for the required application fee. (396) SURVEYOR: A licensed state land surveyor or a registered professional land surveyor, as authorized by state statutes, to practice the profession of surveying. (397) SWIMMING POOL, COMMERCIAL: A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee. (398) SWIMMING POOL, PRIVATE (USE ONLY BY RESIDENT): A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with Article_of the City of Pearland Code of Ordinances (Editor's Note: Cross references to be added]. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners. (399) TCEQ: The acronym for the Texas Commission on Environmental Quality. (400) TELEMARKETING AGENCY: An establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises. (401) TENNIS OR SWIM CLUB: A recreational area containing a swimming pool or tennis courts or both with related facilities and/or clubhouse, all of which facilities are available to the public through a private membership. (402) THROUGH STREET: A street that is not a cul-de-sac street and which intersects with at least two other streets that are not cul-de-sacs streets, at intersections that are 3-way or 4-way intersections. (403) TIEDOWN: Any device designed for the purpose of anchoring a mobile home or manufactured home to ground anchors, as required by V.T.C.A., Occupations Code, Chapter 1201. (404) TRANSFER STORAGE & BAGGAGE TERMINAL: An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads • prior to shipment. (405) TRANSIT TERMINAL: Any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers. (406) TRAVEL TRAILER/RV PARK/CAMPGROUND: An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. For the purpose of this definition, "temporary" means a maximum three-month time period. Chapter 5: Definitions Page 5-37 (407) TREE, LARGE SHADE: A tree that is a minimum of three inches (3") in caliper at the time of planting, and is a minimum planted height of eight feet (8') at the time of planting. (408) TREE, ORNAMENTAL: A tree that is a minimum of two-inch (2") in caliper at the time of planting, and is a minimum planted height of six feet (6') at the time of planting. (409) TREE PRESERVATION: All definitions related to tree preservation are contained within Chapter 4, Article 2, Division 3, Section 4.2.3.2 of this UDC. (410) TRUCK: See Heavy Load Vehicle. (411) TRUCK AND BUS LEASING: The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed. (412) TRUCK SALES (HEAVY TRUCKS): The display, sale or rental of new or used heavy load vehicles in operable condition. (413) TXDOT: The acronym for the Texas Department of Transportation. (414) USABLE OPEN SPACE: An open area or recreational facility that is designed and intended to be used for outdoor, active or passive, recreation purposes. An area of usable open space has a slope that does not exceed ten percent (10%), and no dimension of less than ten feet (10'). An area of usable open space may also include landscaping elements (e.g., trees, ground cover), trails, recreational facilities, water features and decorative objects such as art or fountains. (415) USE: The classification of the purpose or activity for which land or buildings are designated, arranged, intended, occupied or maintained. (416) UTILITY: A business that provides an essential commodity or service, such as electric, gas transmission, and local telephone, and that is generally under government regulations. Unless otherwise specified, this term (or the plural "utilities") when used within this UDC refers to a public utility. (417) UTILITY, DRY: Facility that provides a service for electricity, natural gas, telecommunications, cable television, and/or internet/data. Also referred to as private utility. (418) UTILITY, WET: Facility that provides a service for potable water distribution, wastewater collection, and storm drainage. Also referred to as public utility. (419) VIDEO SALE or RENTAL: An establishment primarily engaged in the retail sales or rental/lease of video tapes, films, CD-ROMs, and electronic media. (420) VISIBLE: Capable of being seen by or perceptible to the general public. (421) VARIANCE: Authorization to deviate from or vary one or more standards applicable to a development application that is reviewed and decided under Chapter 2, Article 2, Division 5, Section 2.2.5.2 of this Unified Development Code. (422) VESTED RIGHTS PETITION: A request for relief from one or more standards of this Unified Development Code based on an assertion that the petitioner has acquired a vested right requiring the City to review and decide the application under standards Chapter 5: Definitions Page 5-38 in effect prior to the effective date of the standards of this Unified Development Code, under Chapter 1, Article 3, Division 3. • (423) VIOLATION: The failure of a structure or other development to fully comply with this article. (424) VISIBILITY TRIANGLE: A triangle sight area, at all intersections, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points thirty-five feet (35') back from their intersection (such curb lines being extended if necessary to determine the intersection point). Visibility triangle shall also mean a triangle sight area, on each side of a driveway where private driveways open into public streets, which shall include that portion of public right-of-way and any lot within a right triangle with the right angle at the point where the curb break begins and the sides forming the right angle being fifteen feet(15') long, one of which extends back along the adjacent curb and the other back toward the private property or parkway. (Also refer to the definition of Visibility Triangle as it applies to tree preservation in Section 4.2.3.2 of this UDC.) (425) WAIVER: Authorization to deviate from or vary one or more standards applicable to a development application that is reviewed and decided under Chapter 1, Article 3, Division 4 of this Unified Development Code. (426) WALKWAYS: Passages or paths for walking. (427) WAREHOUSE STORAGE or DISTRIBUTION FACILITY: Building or facility used for the storage and/or distribution of wholesale items/products. (428) WHOLESALE DISTRIBUTOR: 'An establishment or place of business primarily engaged in the selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or engaged in acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (429) WRECKING OR SALVAGE YARD: A yard or building where motor vehicles, parts of motor vehicles, building materials, or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as scrap or processed metal. (430) YARD: Open space on the lot or parcel on which a building is situated, between the property line and an imaginary straight line that incorporates the nearest face of the main building and drawn to bisect the property, which is open and unobstructed to the sky by any structure except as herein provided. (431) YARD, FRONT: That portion of the yard located between the front property line and the imaginary straight line incorporating the front face of the principal building(s). Refer to Chapter 2, Article 6, Division 1 for diagrams related to this definition. (432) YARD, FRONT (FLAG LOT): The distance between the front of the building and the point nearest the abutting street where the lot satisfies applicable width requirements. (433) YARD, REAR: That portion of the yard located between the rear property line and the imaginary straight line incorporating the rear face of the principal building(s). Refer to Chapter 2, Article 6, Division 1 for diagrams related to this definition. Chapter 5: Definitions Page 5-39 G . (434) YARD, SIDE: That portion of the yard bounded by the front yard, the rear yard, the side property line, and the nearest side face of the principal building(s). Refer to Chapter 2, Article 6, Division 1 for diagrams related to this definition. Ord. No. 2000T-1, Section 5.1.1.1., July 10, 2006. Ord. No. 2000T-2, Section 5.1.1.1., February 23, 2007. Ord. No. 2000T-3, Section 5.1.1.1., July 9, 2007. Ord. No. 2000T-4, Section 5.1.1.1., September 24, 2007. Ord. No. 2000T-5, Section 5.1.1.1., October 22, 2007. Ord. No. 2000T-8, Section 5.1.1.1., August 25, 2008. Chapter 5: Definitions Page 5-40 l , APPENDIX A \ _.., COLOR PALETTE , APPROVED COLOR PALETTE Referenced in UDC, Approved by Ord No. 2000T-2 Page 1 of 6 Meadowbraok C Irish Eyes Country Club 0 ‘tooagrnopra�ii ' saf3 ysyl gry0 Ciluno0 Mountain Trail 3 qe.g.UielunoW Homestead w Sounds of Spring w LU Home Song peetsewoH n 6uudg fo spunog n CO N Feather Duster 6uoS emoH r rn aatsnpaa pep "° Olive Gil U Bed of Leaves t. L ry ll0 enllO a saaeai}o peg Athens ✓ it sueglV ry Canvas Tent Sunny Knoll I C e 1 Toasted ro c Prairie Grass r Marshmallow 6 tuap seaue0 o SIP. 11 u�/uun cv ssea0 aulerd MopeWysrepi palsrol APPROVED COLOR PALETTE Referenced in UDC, Approved by Ord No. 2000T-2 Page 2 of 6 Forest Hills 1 Garden Gate + J1 sll!H lsa-Iod aleC uepme5 at Squaw Valley Lucerne J Ae a Menb II A S auteani 1 Touch of Spring —, Wintergreen P rn Pongee J builds oiono v p aa6uod fn S 1 Lionel f, uaaa6aalu!M t. ,. Greenwich . I Spring Green ;Ca Coventry Gardens . Sahara p 9 Green Acres — cV qgoiMuaei cJ uea 6u!ui, suepaeC Milano° r m eaegeS G S sway uaarr, I Pistachio Ice w Belle Grande Cream Ll Palm Springs N rn Conch Shell <t y; shuudS mled m IIa4S 4ouoO apue }allaN weaaC . aol o!4oelsid ,,' .. a . _ ,t». z h.,-g el w m, ,-ars ..,,....:,.,,„,,„ w 1 Golf Shores w cv Gila Bend Garden City 'I- salmis do r C) puag Elio 40 uepteC .,— I.— Natura 0, Laguna Nigael v etn1eN CV 1en6!N eunbe1 T r i APPROVED COLOR PALETTE Referenced in UDC, Approved by Ord No. 2000T-2 Page 3 of 6 Mission Rock , r,'a rhuoa uoisspry u� _ ,.,� ..e.-. _ y.9.- s•..d.:mv,IIIIIIIIIIIIIIIIIII -•.. .a .,c s. :.ems q°w¢ 1>y ^:�^'E+!T fi+. ...' � n Cinnamon Toast n 1. ate atle v iv Mexican Sand tv Wheat Ridge ,,, r:arn ,t' el 'l w__ iseol uoweuwC ;.: 6! p ti leauAh O 6 pueg ueopwiN < 6 e8 — to1. pofiwog E �, II c �M ry 6 :Icli.r:,:._1°,,„. s "xi, .T h.pt rn Chinos '• o c, Song of Summ e sowg3 ° iawwng;o 6u t t' d ri 1. rn i Heartland'. cn'Green ponds pi,lelpea i. 0 a['peed uoa f) t APPROVED COLOR PALETTE Page 4 of 6 Referenced in UDC, Approved by Ord No. 2000T-2 9 Ireresa's Tan 61 1e es rn Custard Cream -P Cedar Bluff Tel s; gar o— s m Eamboo Shoot` 6 n wea O paetsn0 ro_---- C� AnIff' PsD inniicnonwest" - co Pumpkin Spice Summer's Tar, w a' Walnut Grove p golds ualdwnd o �,.. Outback O ruel s,aawwns ro I Michigan Dunes lovot O 0 anoa0lnuleM p 1 sauna ue6!go!W Sipping Cider m aap!O 6u!dd!s +' Starfish I n California Hills A m ysi}�r�1S w�Woven Basket m sll!H e!mol!le0 A Sun City m I te)se8 uenoM rn %1!O uns rn Duvall T Henna C35-6 C32-6 C31-5 Bordeaux '°� -rry 7'1449' Burgundy Wirl_ C32-4 C31 6 Spice Isl Warm Mahogany APPROVED COLOR PALETTE Referenced in UDC, Approved by Ord No. 2000T-2 Page 5 of 6 rn 1"Wald Wild Wes:. D I ____________________________________________isefy,PMA'P{!'A • fl r' a till 1 , , . ..' s -R old Rio Ranch —t V � h can rn Crushed Raffia p c�au�a ola ;r C.: �, elj4 3 PaysnaC g V,.k4:4,,,:,;i, u= 1011-2 4; _ ./.K w:;b, Fabulofis Red C34-6 Brick Dust 1009-4 Cut Ruby APPROVED COLOR PALETTE Referenced in UDC, Approved by Ord No. 2000T-2 Page 6 of 6 D53-3 Thar She Blows Pounding Surf freshwater V D53-6 C53-1 Simply Elegant D53-2 A52-4 Blue Lava Blue Pearl Windjammer • D53 5 A52 5 853-6 B53 5 Sapphire Magical Merlin Stunning Sapphire Blue Oasis