HomeMy WebLinkAboutORD 00-58 ORDINANCE NO. 2L-
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 TO ADD A
NEW SECTION 30-23.1 OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT TO CREATE REGULATIONS FOR THE
MAJOR/DOWLEN/GLADYS/HWY. 105 SIGN OVERLAY DISTRICT
AND TO AMEND SECTION 30-28 TO PROVIDE FOR THE
SECURING OF A BUILDING PERMIT PRIOR TO INSTALLING OR
MAINTAINING SIGNS; 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 of the Code of Ordinances of the City of Beaumont be and
the same is hereby amended by adding a new section 30-23.1 to read as follows:
SIGNS
Sec. 30-23.1. 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
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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) 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.
2) 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.
3) SIGN, DOUBLE-FACED shall mean a single sign with two
parallel sign faces back-to-back.
4) 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
GACG\ORDINANC"EN D\30-231822
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.
5) SIGN, FENCE shall mean a sign attached or affixed to any
type of fence.
6) 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.
7) 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.
8) 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.
9) 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
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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.
10) 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
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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
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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 1 00' 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 1 00' 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
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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 100' 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;
GAGGVORDINANC"ENDQO-23182 2
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 100' west of the west right-of-way line of North Major
Drive (FM 364) and 1 00' south of the south right-of-way line of Gladys
Avenue.
THENCE north along a line 100' 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
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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.
GAMORDINANOAMENDW-231&2.2
2) Prohibited Signs. The following types of signs are prohibited
in this overlay district:
a) Off Premise 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.
g) After-hour parking of vehicles with owner identification
signs on them so as to be seen from the street.
h) 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.
G 1CG10RDINANCIAMENDOG-23182.2
3) 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 may be constructed
at each entrance to identify a single family residential
development. Such signs will be subject to the
following conditions and restrictions:
(1) Building wall signs will be prohibited.
(2) The sign must be for permanent identification of
a subdivision.
(3) The sign shall not exceed twenty (20) square
feet in area.
(4) The sign shall not exceed a height of five (5) feet
above the ground.
(5) The sign shall not be illuminated except by
reflective flood light type illumination. There
shall not be any flashing or intermittent lights.
(6) All parts of the sign may be located at the
property line.
(7) The sign shall meet the wind load requirements
of the Building Code.
GAMORDINANC AMEND00-23182.2
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:
(1) The sign shall not exceed fifty (50) square feet in
area.
(2) The sign shall not exceed six (6) feet in height.
(3) The sign shall not have any flashing lights, any
type of intermittent illumination or revolve in any
manner.
(4) All parts of the sign may be located at the
property line.
(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.
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:
G--AMORD I NANMME ND\30-23182.2
(1) The sign shall be attached to or painted on the
outside of the building.
(2) 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.
(3) The sign shall not exceed the height of the wall
of the building to which it is attached.
(4) The sign shall not be lighted except by reflective
flood light type illumination. There shall not be
any flashing or intermittent lights.
(5) No sign shall exceed 10 percent of the area of
the wall to which it is attached, or 150 square
feet, whichever is less.
4) Signs in Commercial and Industrial-MD Districts: Detached
signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105
Overlay commercial and industrial districts except as
specifically authorized in this section.
a) Single tenant business establishment - one detached
owner- identification monument sign per street frontage
that abuts the property shall be permitted subject to the
following conditions and restrictions:
G\CG\ORDINANC"END\30-231&2.2
(1) 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.
(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.
b) Multi-tenant business development - one
detached owner-identification monument
sign for each street frontage that abuts
the property, shall be permitted subject to
the following conditions and restrictions:
(1) The sign shall not be greater than twenty (20)
GAMORDI NANMAMENDV30-23182.2
feet in height - the maximum height being
measured from twenty-four (24) inches above
the curb adjacent to the property.
(2) 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.
(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.
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:
(1) Dowlen Road, Hwy. 105 and Major Drive
(a) The sign shall not be greater than fifteen
G 5CG\ORDINANCWMENO\30-231&2.2
(15) feet in height - the maximum height
being measured from twenty-four (24)
inches above the curb height adjacent to
the property.
(b) The sign shall not exceed one hundred
(100) square feet in area with the sign
facing not to exceed eighty-five (85)
square feet.
(c) 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.
(d) The sign shall not have flashing lights or
any type of intermittent illumination.
(e) The sign shall meet the wind load
requirements of the Building Code.
(f) The sign shall be placed in a landscaped
setting of not less than 120 square feet.
(2) All other streets in the MD Sign Overlay District
(a) The sign shall not be greater than six (6)
feet in height- the maximum height being
measured form twenty-four (24) inches
GiCG\ORDINANCIAMEND130-23182 2
above the curb height adjacent to the
property.
(b) The sign shall not exceed seventy (70)
square feet in area with the sign facing
not to exceed sixty (60) square feet.
(c) 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.
(d) The sign shall not have flashing lights or
any type of intermittent illumination.
(e) The sign shall meet the wind load
requirements of the Building Code.
(f) 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 nay such sign
GAMORDINANCIAMEND130-231&2.2
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. These vehicles shall not be parked
after hours so as to be seen from the street.
(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
G.\CG\ORDINANCb4AM END\30-231821
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.
(8) Banners, not exceeding twenty-one (21) square
feet in area when it is an attached sign and not
exceeding twenty-one (21) square feet in area
and five (5) feet in height when it is a detached
sign. Banners shall not be placed on any one
property more than six (6) times per calendar
year and shall not be displayed for longer than
fifteen (15) days at any one time. A banner
permit shall be required from the Development
Services Division of the City of Beaumont.
GI G1ORDINANC AMEND13 0-2 31&2.2
(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.
(h) Continuation of nonconforming signs
1) All lawful nonconforming on-premise owner identification signs
shall be allowed to exist in the MD Sign Overly 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 off-premise 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.
G 1CG\0RDINAN0,WEND130-23182.2
Section 2.
That Chapter 30, Section 30.28 of the Code of Ordinances of the City of Beaumont, be and
the same is hereby amended to read as follows:
Sec. 30-28. Sign Regulations.
(a) Permit Req-uirements: No sign, unless herein excepted, shall
be located , constructed, erected, altered, posted, attached, or
painted until a building permit has been approved by the Chief
Building Inspector in accordance with the requirements of this
chapter and the Southern Standard Building Code. See also
Sections 30-21.2, 30-23, 30-23.1.
Section 3.
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 4.
THAT all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
GACG10RDINANCVAMEND130-231&2.2
Section 5.
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
day of e� , 2000.
)Y° V
- Mayor -
GAMOR0INANQAMENDW-231822