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HomeMy WebLinkAboutORD 12-031 ORDINANCE NO. 12-031 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28.03.020(fX3XB),28.03.020(fX3XD),28.03.020(fX4XA),28.03.020(fX4XC), 28.03.021(f)(4XB),28.03.021(fX5XA),28.03.021(fX5XB),28.03.021 (fX5XC), 28.03.024(bX1)and 28.04.008(b)(3)OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28,Section 28.03.020(fX3)(B),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (B) One (1) detached owner identification sign shall be permitted for a multiple-family development,nonresidential,or institutional building for each abutting street subject to the following conditions and restrictions: (i) The sign shall not exceed twenty (20) square feet in area. (ii) The sign shall not exceed five (5) feet in height. (iii) Except for electronic reader board signs, no sign shall be lighted except by reflective floodlight type illumination. There shall not be any flashing lights or any type of intermittent illumination, except as allowed below: (a) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five (45) seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line, the maximum light emanation from a sign shall not be no greater than 0.2 footcandles. (f) Electronic reader board signs shall not be permitted in an historic district. (iv) All parts of the sign shall be located a minimum of twenty-five (25)feet from 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 one hundred twenty (120) square feet. Section 2. THAT Chapter 28, Section 28.03.020(f)(3)(D),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (D) One(1)detached owner identification sign shall be permitted for each commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (i) The sign is included in the site plan approved in the speck use permit. (ii) The sign shall not exceed twenty-five(25)square feet in area. (iii) The sign shall not exceed fifteen (15)feet in height. (iv) The sign shall not have any flashing lights, intermittent illumination nor revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached identification sign. b. The message copy may change no more than once every forty-five (45) seconds. C. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandl®s. f. Electronic reader board signs shall not be permitted in a historic district. (v) All parts of the sign shall be set back at least fifteen (15)feet from any property line. (vi) The sign shall meet the wind load requirements set forth in the building code. (vii) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 3. THAT Chapter 28, Section 28.03.020(f)(4XA),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (4) Signs in commercial and industrial-UC districts. (A) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one(1)that abuts the property, shall be permitted in the NC, Neighborhood Commercial District,and OR Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: (i) The sign shall not exceed twenty-five (25) square feet in area. (ii) The sign shall not exceed fifteen (15)feet in height. (iii) No portion of the sign shall have flashing lights, intermittent illumination, nor shall it revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message copy may change no more than once every forty-five (45) seconds. C. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (iv) The sign shall not be located in any required yard. (v) The sign must meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 4. THAT Chapter 28,Section 28.03.020(f)(4)(C),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (4) Signs in commercial and industrial-UC districts. (C) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one(1)that abuts the property, shall be permitted per establishment, located in the NSC, GC-MD, CM, LI and HI Districts 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 the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line. (ii) The sign shall not exceed sixty(60)square feet in area. (iii) All parts of the sign shall be set back at least ten (10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section precludes locating a sign in compliance with the setback regulations, the Board of Adjustment shall be authorized to grant a variance to the setback requirement. (iv) The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. (v) The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: (a) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five (45) seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. Section 5. THAT Chapter 28,Section 28.03.021(f)(4)(B),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (B) One (1) detached owner identification monument sign shall be permitted for a multiple- family development, nonresidential 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, except as allowed below: (a) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five (45) seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (f) Electronic reader board signs shall not be permitted in historic district. (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 one hundred twenty (120) square feet. Section 6. THAT Chapter 28,Section 28.03.021(f)(5)(A),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (A) Single-tenant business establishment. (i) Developments with less than eighty thousand(80,000)square feet 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)square feet 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. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. 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. 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 revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once every forty-five (45) seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. i 4. Electronic reader board sign that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 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 one hundred twenty(120) square feet. Section 7. THAT Chapter 28, Section 28.03.021(f)(5XB),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (B) Multi-tenant business development. (i) Developments with less than eighty (80,000) square feet in gross building area shall be permitted one (1) detached owner identification monument sign for each street frontage that abuts the property. Developments with eighty thousand(80,000)square feet 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. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. 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. b. 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. 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 revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every forty-five (45) seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (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 one hundred twenty (120) square feet. Section 8. THAT Chapter 28, Section 28.03.021(f)(5)(C), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (5) 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. (C) Gasoline retailers owner identifiction! ricing board signs. One (1) 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. a. 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. 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 revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every forty-five (45) seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 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 one hundred twenty(120) square feet. ii. All other streets in the MD Sian Overlay District. a. 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. 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 revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once every forty-five (45) seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 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 one hundred twenty(120) square feet. Section 9. THAT Chapter 28, Section 28.03.024(b)1, Area and Height Regulations, Residential Districts, of the Code of Ordinances be and the same is hereby amended by adding an asterisk (*) on the interior side yard building setback requirement in the RCR-H District, said asterisk denoting the requirement of a 7.5 foot minimum yard for buildings with two or more stories, as shown in Exhibit "A" attached hereto. Section 10. THAT Chapter 28, Section 28.04.008(bx3), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.04.008 Special conditions (b) SQgcial conditions by use (3) Swimming pool . Exception for private recreation facilities under subsection (8) below: (A) If located in any residential zoning district,the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests. (B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool shall not be located closer than five (5) feet to any property line of the property on which located. (C) The swimming pool shall be enclosed by a wall or fence six (6)feet in height with locking gates. Section 11. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be 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 12. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 13. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 261 day of June, 2012. -6dayor Becky A es - all AREA AND HEIGHT REGULATIONS 1. RESIDENTIAL DISTRICTS Zoning Districts Lot Area Minimum IAt Width Lot Depth Yards,Minimum(feet) Htight (square feet) Minimum Minimum Maximum (feet)St (feel)St (feet)3t 7t Per Lot Per Front Rear Side Dwelling St 13t t*14t St 6t Unit Interior* Exterior(corner lot) 0[it backing up backing up to an to an abutting abutting side rear yard yard A-R Agricultural- 43,560 43,560 200 200 25 25 25 25 25 35 Residential RS Single-Family 5,000 5,000 50 100 25 25 5* 15 10 35 Dwelling RM-M Medium 5,000 2,450 50 100 25 20 5* 15 10 35 Density Multiple- Family Dwelling RM-H Highest 5,000 1,500 50 too 25 25 5* 15 to 45 Density Multiple- Family Dwelling RCR Residential 5,000 1,500 5o 100 25 25 5* 15 10 45 Conservation attd RevitaliUdOn RCR-14 5,000 1,500 50 too 25 25 S! 15 10 45 *A 7.5-foot minimum yard shall be required for buildings with two or more stories, t These numbers refer to exceptions enumerated in subsection 28.03.024(c). EXHIBIT"A"