§ 7-17. Permit required.

(a)

It shall be unlawful for any person within the city limits or extraterritorial jurisdiction of the city to commence construction or excavation for construction of any building or structure, including accessory buildings, or to commence the erection, reconstruction, conversion, or alteration of any building or structure, including accessory buildings, until the building inspector has issued a building permit for such work. The movement of buildings and other structures into the city is prohibited. Except upon written authorization of the city council, no such building permit shall be issued for any building or structure where the construction, reconstruction, conversion, moving, alteration or use thereof would be in violation of any provisions of this chapter or of the code adopted by this article.

Exceptions: Storage buildings or other accessory buildings not used for habitation purposes may be allowed after review and approval by the chief building official or his designee. Such activity shall be noted on the permit.

Historical buildings to be used for residential purposes may be moved into the community only after review by the planning and zoning commission and with formal permission of the city council.

(b)

No building permit shall be issued, except by permission of the city council, for any building or structure, including accessory buildings, where said building, structure or accessory buildings would be situated upon any lot, plot, tract or parcel of land less than the original size of said lot, plot, tract or parcel of land as previously platted or replatted.

(c)

Any person, firm or corporation wishing to obtain a building permit for the erection, construction, reconstruction or expansion of any structure, of which any portion of such erection, construction, reconstruction or expansion would occur within one hundred (100) feet of any existing oil or gas pipeline or pipeline easement shall, prior to and as a condition of the issuance of such building permit, execute the following waiver and hold harmless agreement, which shall be duly acknowledged in the manner provided by law, and which shall thereafter be recorded in the appropriate deed or other permanent county records:

"I, (applicant) , do hereby state, on my oath, that I fully realize that I am applying for a permit from the City of Pearland to build within one hundred (100) feet of an existing oil or gas pipeline or pipeline easement; that I am fully aware of the dangers inherent in building near such pipeline or pipeline easement, including, but not limited to, explosion and release of noxious, toxic and flammable substances; and, further, that I do hereby RELEASE and agree to forever HOLD HARMLESS the City of Pearland, Texas, its officers, successors and assigns from all liability in any way arising from the building, use or habitation of the structure described in the said permit."

No such permit shall be issued where the proposed construction will constitute a violation of dedicated easement rights, and any permit so issued in error shall be void ab initio.

(Ord. No. 224, § 1, 11-8-71; Ord. No. 224-1, § 1, 4-26-76; Ord. No. 224-1B, § 1, 7-22-85; Ord. No. 224-1C, § 1, 8-10-87; Ord. No. 224-11, § 2, 4-27-98)