HomeMy WebLinkAboutORD 04-043 ORDINANCE NO. 04-043
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SECTION 30-23.1 OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT TO AMEND REGULATIONS FOR THE
MAJOR/DOWLEN/GLADYS/HWY. 105 SIGN OVERLAY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Section 30-23.1 of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended to read as follows:
SIGNS
30-23 Sec. 1. Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District Regulations
(a) General Purpose and Description: The Major/Dowlen/Gladys/Hwy.
105 Sign Overlay District, in general recognizes that this area will be
the major growth area of the City and is therefore intended to
provide for the essential identity of facilities along the streets and
prevent needless clutter in the area through uniform signage; to
preserve and improve the physical environment in the City of
Beaumont;and promote the public safety,welfare,convenience and
enjoyment of travel and the free flow of traffic along the streets in
this area. This district supplements the regulations of the underlying
zoning district classifications. The Zoning Map shall reflect the
designation of a Major/Dowlen/Gladys/Hwy. 105 Sign Overlay
District by the letters "MD" as a suffix to the underlying zoning
district classifications.
(b) Definitions: Unless the context clearly indicates otherwise, in this
Ordinance:
1. ATTENTION GETTING DEVICE shall mean any device, other
than a permitted sign, that is used to attract the attention of the
public to a particular business, location, product or service.
2. FRONTAGE shall mean that portion of any tract of land which abuts
a public street right-of-way, measured along the street line.
3. MULTI-TENANT BUSINESS DEVELOPMENT shall mean a
development under the same ownership consisting of two or more
business establishments separated by a tenant separation wall, using
common driveways and onsite parking facilities, including, but not
limited to, shopping centers, office complexes, office buildings and
business parks. Retail co-branding shall not be considered a multi-
tenant business development.
4. SIGN, ADVERTISING shall mean a sign, other than an accessory
owner identification sign, which directs attention to a business,
commodity or service.
5. SIGN, BANNER shall mean a type of sign that is generally
constructed of lightweight plastic,fabric or a similar non-rigid material,
and that is mounted/tethered to a pole(s), building or other structure
at one or more edges. A banner typically exhibits a text message
and/or a symbol(s) for the business located on the property, or for a
product or service provided by that business. National/State or local
government flags are not considered banners.
6. SIGN, DETACHED shall mean a sign which is wholly supported by
one or more columns, uprights or braces in the ground and has no
support to a building, canopy or facade.
7. SIGN, DOUBLE-FACED shall mean a single sign with two parallel
sign faces back-to-back.
8. SIGN FACING shall mean the facing of any sign upon, against, or
through which the message is displayed or illustrated; provided
however, for signs in which the words, letters or symbols are
independently mounted, the sign facing shall mean the smallest
regular geometric form containing all of the individual words, letters
and symbols. Size of the sign shall be determined by the lettering.
However, If there is background in addition to the lettering,
background material shall be included if the background is uniquely
associated with the letters.
9. SIGN, FENCE shall mean a sign attached or affixed to any type of
fence.
10. SIGN, MOBILE, shall mean a business sign used to advertise an
establishment or services which is on or affixed to trucks,
automobiles, trailers or other vehicles used primarily to support or
display such signs while parked.
11. SIGN, MONUMENT shall mean a sign that is an independent
structure supported from grade to the bottom of the sign with the
appearance of having a solid base.
12. SIGN, MOVING shall mean a sign which in whole, or part, does not
remain stationary at all times, regardless of the power source which
affects movement.
13. SIGN, OWNER IDENTIFICATION shall mean a sign which is located
on the same lot or development and pertains only to the use of that
premises and which contains information pertaining to the name of
the owner, occupant, or management associated with the use of the
property, the kind of business or the brand name of the principle
commodity sold on the premises, or other information relative to a
service or activity involved in the conduct of the business, but not
including the names of subsidiary products being sold.
14. SIGN, PENNANT shall mean a sign consisting of a series of flags
constructed of cloth or other limp material.
15. SIGN, PORTABLE shall mean a sign not permanently affixed to the
ground or to a building, which is designed to permit removal and
reuse.
16. SINGLE TENANT BUSINESS ESTABLISHMENT shall mean a
project or undertaking which involves the use of any property, building
or structure, permanent or temporary, for the primary purpose of
conducting on said property a legitimate commercial enterprise, or
other nonresidential use, in compliance with all ordinances and
regulations of the city. Multiple services and/or goods offered by a
business establishment shall be considered a single tenant business
establishment for the purposes of this ordinance. This definition shall
include, but not be limited to, retail co-branding such as convenience
stores with gas pumps and restaurants,grocery stores with banks and
discount stores with other incidental uses.
17. TENANT SEPARATION shall mean a partition or floor/ceiling
assembly or both constructed between tenants as per the adopted
building code.
(c) Permitted Uses: The permitted uses in the MD,
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be
determined by the underlying zoning district classification.
(d) Boundaries: FOR PLACE OF BEGINNING, begin at a point in
the north right-of-way line of Tolivar Road, a 60'wide street right-
of-way, said point also being in the southwest corner of Lot 7 and
the same being the southeast corner of Lot 8, Neches Terrace
Addition, an unrecorded subdivision out of the Daniel Easley
Survey, Abstract No. 20, Beaumont, Jefferson County, Texas;
THENCE in a northerly direction along the common side lot lines of said
Lots 7 and 8, a distance of 322.4', more or less, to a point in the south
right-of-way line of State Highway 105; thence continuing north a distance
of 50' to the centerline of said State Highway 105 to a point for corner;
thence west along the centerline of State Highway 105 a distance of 200',
more or less, to a point for corner; thence north a distance of 50'to a point
in the north right-of-way line of State Highway 105;
THENCE north 750' to a point for corner; thence east 870' to a point for
corner in the west right-of-way line of Major Drive (FM 364); thence
continuing east a distance of 60'to a point in the centerline of Major Drive
(FM 364); thence south a distance of 200', more or less, to a point for
corner; thence east a distance of 60'to a point in the east right-of-way line
of Major Drive (FM 364);
THENCE east along the south line of Block 1, Griffing Villa, Unit 1,
recorded in the Jefferson County Map Records in Vol. 12, Page 80, and
also being in the north line of Lot 2, Rand Addition, recorded in the
Jefferson County Map Records in Vol. 15, Page 39, a distance of 660' to
a point for corner in the northeast corner of Lot 2, Rand Addition; thence
south a distance of 526.07' to a point for corner;
THENCE east along a line which is 200 feet north of and parallel to the
north right-of-way line of State Highway 105 to a point in the west line of a
60'wide Drainage District#6 drainage easement;thence in a southeasterly
course along the west line of the DD#6 drainage easement to a point which
is 100' north of the north right-of-way line of State Highway 105; thence
east a distance of approximately one mile (1.0 mile) to a point in the west
right-of-way line of the Eastex Freeway (US Highways 69, 96 and 287),
said point lying 100' east of the east right-of-way line of Old Dowlen Road
if Old Dowlen was extended north across State Highway 105;
THENCE south crossing State Highway 105 and continuing south along
a line 100' east of the east right-of-way line of Old Dowlen Road to a point
in the north property line of the Wal-Mart Stores Subdivision; thence east
along the north line of said subdivision a distance of 954.83' to the
northeast corner of said subdivision; thence south along the east side of
said subdivision a distance of 896.70' to a point in the north right-of-way
line of the 100' wide Dowlen Road; thence south a distance of 200' to a
point 100' south of Dowlen Road;
THENCE in a northeast and easterly direction along a line 100' south of
Dowlen Road to a point in the west line of the Ed Snowden Properties
Subdivision (Vol. 13, Pg.120, Jefferson County Map Records); thence
south along the west line of the Ed Snowden Subdivision and then
continuing south along the west line of Tract 3 of the South Parkdale
Addition (Vol. 14, Page 234, J.C.M.R.), and continuing south along the
west line of a 60' wide Drainage District No. 6 drainage easement to a
point in the north line of a 70' wide DD#6 drainage easement (Hillebrandt
Bayou); thence south a distance of 35'to the centerline of the Hillebrandt
Bayou; thence in a southerly direction along the centerline of Hillebrandt
Bayou and following the meanderings of the bayou and crossing Folsom
Drive and Delaware Street a total distance of approximately 6,500' to a
point for corner in the centerline of Hillebrandt Bayou;
THENCE west to the northeast corner of Lot 7, Block 1, Park West
Addition; thence continuing west a distance of 261.69' to a point, and
continuing west across the north lines of Lots 1 - 4, Block 1, Park West
Addition (J.C.M.R Vol. 15, P.208) an additional distance of 370.32' to a
point in the northwest corner of Lot 1, Block 1, Park West to a point for
corner in the centerline of Dowlen Road, a 1 00' wide right-of-way;
THENCE south for 700' along the centerline of Dowlen Road to a pont at
the north intersection of Dowlen Road and Wellington Place, a 60' wide
street right-of-way, said point lying in the east line of Dowlen road; thence
east a distance of 30' to a point in the centerline of Wellington Place;
thence south along the centerline of Wellington Place a distance of 1,800',
more or less, to a point for corner; thence due west and continuing along
the centerline of Wellington Place a distance of 900', more or less, to a
pont for corner, said point lying 100' east of the east right-of-way line of
Dowlen Road;
THENCE south along a line 100' east of and parallel to Dowlen Road a
distance of 1,600', more or less, to a point for corner 100' south of the
south right-of-way line of Gladys Avenue;
THENCE west crossing Dowlen Road and continuing west along a line
100' south of the south right-of-way line of Gladys Avenue to a point for
corner 1 00'west of the west right-of-way line of North Major Drive (FM 364)
and 100' south of the south right-of-way line of Gladys Avenue.
THENCE north along a line 1 00'west of the west right-of-way line of
North Major Drive (FM 364) to a point in the south right-of-way line of
Dishman Road, said point being the corporate limits of the City of
Beaumont; thence east to a point in the centerline of North Major Drive
(FM 364)being the corporate city limits;thence north along the centerline
of North Major Drive (FM 364) to a point at the intersection of the
southeast corner of the D. Easley Survey,Ab-20 and the northeast corner
of the A. Huston Survey,Ab-33; thence west to a point being in the south
line of the D. Easley Survey and in the north line of the A. Huston
Survey, said point lying 100' west of the west right-of-way line of North
Major Drive (FM 364);
THENCE continuing north along a line 100' east of and parallel to
North Major Drive to a point in the north right-of-way line of the LNVA
Canal (Lower Neches Valley Authority Canal); thence in a southwest
direction along the northerly line of the LNVA Canal a distance of 800',
more or less, to a point for corner;
THENCE north 1,400', more or less,to a point at the southeast corner
of Western Hills, Unit 2, mobile home subdivision recorded in the
J.C.M.R.'s in Vol. 11, Page 42; thence continuing north along the east
line of Western Hills, Unit 2 a distance of 810'to a point for corner in the
south right-of-way line of the 60' wide Tolivar Road right-of-way; thence
north 320 east a distance of 70' to the PLACE OF BEGINNING,
containing an area of 2,613 acres or 4.08 square miles, more or less.
(e) Area and Height Regulations: Minimum lot area, width, depth, yard and
building height shall be determined by the underlying zoning district
classification.
(f) Sign Regulations: Signs shall not be permitted within the
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as
specifically authorized in this section.
1. Permit Requirements. No sign, unless herein excepted, shall be
located, constructed, erected, altered, posted, attached or painted
until a building permit has been approved by the Building Official in
accordance with the requirements of this chapter and the Standard
Building Code.
2. Prohibited Signs. In addition to the prohibited signs listed in 30-28(f),
the following types of signs are prohibited in this overlay district:
(a) Advertising Signs
(b) Mobile Signs
(c) Moving Signs
(d) Portable Signs - For the purpose of this section, trailer signs
and signs on benches are considered to be portable signs.
(e) Fence Signs
(f) Pennants, decorations or other attention getting devices.
3. Sight Distance - No sign shall be located within a thirty (30) foot by
thirty (30) foot triangular shaped portion of land established at street
intersections and driveway/street intersections in such a manner as
to limit or obstruct the sight line of motorists entering or leaving the
intersection. A two (2) square foot in area directional sign may be
located within the required sight triangle.
4. Signs in Residential-MD Districts: Signs shall not be permitted in
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay residential districts
except as specifically authorized in this section.
a. One(1)detached identification sign maybe constructed at each
entrance to identify a single family residential development.
Such signs will be subject to the following conditions and
restrictions:
(i) Building wall signs will be prohibited.
(ii) The sign must be for permanent identification of a
subdivision.
(iii) The sign shall not exceed twenty (20) square feet in
area.
(iv) The sign shall not exceed a height of five (5)feet above
the ground.
(v) The sign shall not be illuminated except by reflective
flood light type illumination. There shall not be any
flashing or intermittent lights.
(vi) All parts of the sign may be located at the property line.
(vii) The sign shall meet the wind load requirements of the
Building Code.
b. One (1) detached owner-identification monument sign shall be
permitted for a multiple family development, non-residential or
institutional building for each abutting street, subject to the
following conditions and restrictions:
(i) The sign shall not exceed fifty (50) square feet in area.
(ii) The sign shall not exceed six (6) feet in height.
(iii) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner.
(iv) All parts of the sign may be located at the property line.
(v) The sign shall meet the wind load requirements of the
Building Code.
(vi) The sign shall be placed in a landscaped setting of not
less than 120 square feet.
C. One (1) attached owner-identification sign per multiple-family
dwelling development or institutional building shall be permitted
for each street abutting the development subject to the following
conditions and restrictions:
(i) The sign shall be attached to or painted on the outside
of the building.
(ii) The attached sign shall be erected parallel to the face
of the building, supported by the building and shall not
extend more than eighteen (18) inches from the face of
the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not be lighted except by reflective flood
light type illumination. There shall not be any flashing
or intermittent lights.
(v) No sign shall exceed 10 percent of the area of the wall
to which it is attached, or 150 square feet, whichever is
less.
5. Signs in Commercial and Industrial-MD Districts: Detached signs shall
not be permitted in M ajor/Dowlen/G lad ys/Hwy. 105 Overlay
commercial and industrial districts except as specifically authorized in
this section.
a. Single tenant business establishment -
1. Developments with less than eighty thousand
(80,000) sq. ft. in gross building area shall be
permitted one (1) detached owner- identification
monument sign per street frontage that abuts the
property.
Developments with eighty thousand (80,000)
sq. ft. of gross building area or greater or
developments with six hundred (600') feet or
more of street frontage shall be permitted two
(2) detached owner-identification signs per
street frontage that abuts the property.
2. These signs shall be permitted subject to the
following conditions and restrictions:
(i) The sign shall not be greater than six (6) feet in
height - the maximum height being measured
from twenty-four (24) inches above the curb
height adjacent to the property.
(ii) The sign shall not exceed seventy (70) square
feet in area with the sign facing not to exceed
sixty (60) square feet.
(iii) All parts of the sign may be located at the street
right-of-way and shall be located a minimum of
ten (10) feet from any other property line.
(iv) The sign shall not have flashing lights or any
type of intermittent illumination.
(v) The sign shall meet the wind load requirements
of the Building Code.
(vi) The sign shall be placed in a landscaped setting
of not less than 120 square feet.
b. Multi-tenant business development -
1. Developments with less than eighty thousand (80,000)sq. ft.
in gross building area shall be permitted one detached
owner-identification monument sign for each street frontage
that abuts the property.
Developments with eighty thousand (80,000) sq. ft. of
gross building area or greater or developments with six
hundred (600') feet or more of street frontage shall be
permitted two (2) detached owner-identification signs per
street frontage that abuts the property.
These signs shall be permitted subject to the following
conditions and restrictions:
(i) The sign shall not be greater than twenty (20) feet in
height-the maximum height being measured from twenty-
four (24) inches above the curb adjacent to the property.
(ii) The sign shall not exceed two hundred forty (240) square
feet in area with the sign facing not to exceed two hundred
(200) square feet.
(iii) All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten (10)feet from
any other property line.
(iv) The sign shall not have flashing lights or any type of
intermittent illumination.
(v) The sign shall meet the wind load requirements of the
Building Code.
(vi) The sign shall be placed in a landscaped setting of not
less than 120 square feet.
c. Gasoline retailers owner identification/pricing board signs - one
detached owner-identification/pricing board sign for each street
frontage that abuts the property shall be permitted subject to the
following conditions and restrictions:
(i) Dowlen Road, Hwy. 105 and Major Drive
1) The sign shall not be greater than fifteen (15) feet in
height - the maximum height being measured from
twenty-four (24) inches above the curb height adjacent
to the property.
2) The sign shall not exceed one hundred (100)square feet
in area with the sign facing not to exceed eighty-five (85)
square feet.
3) All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten (10) feet
from any other property line.
4) The sign shall not have flashing lights or any type of
intermittent illumination.
5) The sign shall meet the wind load requirements of the
Building Code.
6) The sign shall be placed in a landscaped setting of not
less than 120 square feet.
(ii) All other streets in the MD Sign Overlay District
1) The sign shall not be greater than six (6) feet in height-
the maximum height being measured form twenty-four
(24) inches above the curb height adjacent to the
property.
2) The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty (60)square
feet.
3) All parts of the sign may be located at the street right-of-
way and shall be located a minimum of ten (10)feet from
any other property line.
4) The sign shall not have flashing lights or any type of
intermittent illumination.
5) The sign shall meet the wind load requirements of the
Building Code.
6) The sign shall be placed in a landscaped setting of not
less than 120 square feet.
(g) Exemptions: The following signs are exempted from the requirements of
this section:
1. Changing of permitted copy of an existing bulletin board, general
advertising poster or paint panel(s), display encasement, marquee,
flat sign, detached sign provided no increase occurs with respect to
either the area or such sign or the manner in which it is structurally
supported.
2. Signs on trucks, buses or passenger vehicles which are used in the
normal conduct of business.
3. Name plate and street address signs, less than three (3) square feet
in size.
4. Non-illuminated real estate signs,temporary in nature, not exceeding
more than sixty-four (64) square feet in area, advertising real estate
for sale or lease or announcing contemplated improvements of real
estate; provided that only one such sign shall be permitted on each
street fronting the property. The sign must be located on the property
subject to sale or improvement.
5. Construction signs, not to exceed forty (40) square feet in area and
not located in any required yard, denoting the owner, architect,
financial institution, general contractor, subcontractor, or any
statement pertaining to the project; provided that there is only one
sign for each street abutting the premises.
6. Warning, security and traffic directional signs less than eight (8)
square feet in area and four (4) feet in height.
7. Election signs temporary in nature, 60 days maximum, less than eight
(8) square feet in area and five (5)feet in height and not illuminated,
when placed within a residentially zoned area. Election signs must be
removed within 10 days after the election or runoff election, if
applicable.
8. Banner signs, when attached to a building. Detached banner signs,
not exceeding twenty-one (21) square feet in area and five (5)feet in
height, shall be allowed for each individual establishment or entity.
Detached banner signs shall not be placed on any one property more
than five (5) times per calendar year and shall not be displayed for
longerthan thirty(30)consecutive days at any one time with one thirty
(30) day extension allowed for a total of sixty (60) days. Under no
circumstances shall banner signs on anyone property be allowed for
more than one hundred-fifty (150 days per calendar year. A banner
permit of fifty dollars ($50.00) shall be required from the Building
Codes Division of the City of Beaumont for each display period. No
banner sign shall be placed on city right-of-way. Banner signs shall
be supported by non-permanent supports that are not permanently
set in the ground. These supports shall be removed with the sign at
the expiration of each allowed time period.
9. Traditional and seasonal national,state and religious holiday displays
erected without advertising shall not be subject to the provisions of
this chapter, but shall be subject to the fire code and of the City of
Beaumont.
10. Attached advertising signs located on non-profit recreational facilities.
(h) Continuation of nonconforming signs
1. All lawful nonconforming on-premise owner identification signs shall
be allowed to exist in the MD Sign Overlay District except as provided
for herein. Provided however, when a nonconforming sign falls into
disrepair, or is damaged by fire, explosion, act of God or other
calamity to the extent that the cost of reconstruction or repair exceeds
fifty (50) percent of the replacement cost of the sign, such
nonconforming signs shall no longer be permitted.
2. All nonconforming advertising signs existing in the MD Sign Overlay
District on the effective date of this provision may be required to be
relocated, reconstructed, or removed by the City Council. Any sign
required to be relocated, reconstructed, or removed shall be
accomplished in accordance with the procedures as provided for in
Chapter 216 of the Texas Local Government Code.
Section 2.
THAT if any section, subsection, sentence, clause or phrase of this ordinance,
or the application of same to a particular set of persons or circumstances should for any
reason held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
THAT all ordinances or parts of ordinances in conflict herewith are repealed to
the extent of the conflict only.
Section 4.
THAT any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
June, 2004.
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