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Home My WebLink AboutORD 13-003 ORDINANCE NO. 13-003 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28.03.018(g)(3)(F), 28.03.018(h), 28.03.023(e), 28.04.008(b) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FORSEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.03.018(g)(3)(F)of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.018 Historic-Cultural Landmark Preservation Overlay District (g) Preservation criteria for an historic designation. (3) Fences. (F) Metal fences. Wrought iron and metal fences must be compatible with the style and period of the main building. Chain link, barbed wire and razor wire fences are permitted only in back yards and must not be visible from any street. Section 2. THAT Chapter 28, Section 28.03.018(h) of the Code of Ordinances be and the same is hereby amended by adding new Subsections 28.03.018(h)(3), 28.03.018(h)(4), 28.03.018(h)(5), 28.03.018(h)(6) and 28.03.018(h)(7) to read as follows: Sec. 28.03.018 Historic-Cultural Landmark Preservation Overlay District (h) Review procedures for certificates of appropriateness in an historic district. (3) Actions not requiring review. (A) Routine Maintenance and Replacement. Routine maintenance and replacement includes processes of cleaning (including water blasting and stripping) and replacing with like kind, duplicating,or stabilizing deteriorated or damaged architectural features (excluding paint color). (B) Minor alterations. A certificate of appropriateness is not required for the following minor alterations: (1) The maintenance of: a. fences b. signs C. pavement (ii) The restoration of original architectural elements to original specifications. (iii) Interior renovations and remodeling. (4) Actions requiring review by the planning manager. In addition to other applicable permitting,the Planning Manager shall review,within thirty (30) days of acceptance, an application for a certificate of appropriateness for the following minor exterior alterations. Applications requiring review by the Historic Landmark Commission shall be forwarded by the Planning Manager to the Commission within thirty(30)days of receipt of said application. The Planning Manager shall determine whether the proposed work complies with the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances. If the proposed work complies, the Manager shall grant the certificate. (A) The application, installation or replacement of: (1) fences (ii) existing paint of any legally nonconforming color (iii) paint that complies with the officially adopted Acceptable Color Range as maintained in the office of the Planning Manager; (iv) trim colors (v) signs (vi) pavement (vii) security bars (viii) windows. (B) The demolition, construction, placement or relocation of an accessory structure. (5) Review by the Historic Landmark Commission. (A) The standards contained in this section should be used by the Historic Landmark Commission in making its decisions concerning a certificate of appropriateness. (B) The Historic Landmark Commission shall review, within thirty (30) days of receipt, all applications for certificates of appropriateness forwarded to it by the Manager, most notably including the demolition, construction placement or relocation of any main structure. In reviewing an application, the Historic Landmark Commission shall determine whether the proposed work complies with the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances. If the proposed work complies, the Historic Landmark Commission shall grant the certificate. (C) Except as otherwise provided in this section, if the proposed work does not comply with the preservation criteria and regulations contained in this or any other applicable ordinance, the Historic Landmark Commission shall deny the certificate. (D) If the proposed work will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface in an historic district, or of an historic district as a whole, the Historic Landmark Commission shall grant the certificate. In determining whether the proposed work constitutes the restoration of original architectural elements, the Historic Landmark Commission shall consider all available materials, including but not limited to photographs and drawings showing the original appearance of the building and its surrounding property at the time of construction. (E) If the proposed work is not addressed by the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances, and will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface of an historic district, or of an historic district as a whole, the Historic Landmark Commission shall grant the certificate. (6) Who may appeal. Only the applicant and/or the property owner may appeal a decision by the Manager or the Historic Landmark Commission to deny a certificate of appropriateness. An appeal of a decision of the Planning Manager must be undertaken in the manner outlined in the City of Beaumont Code of Ordinances (Sec. 28.02.005). An appeal from a decision of the Historic Landmark Commission must be taken to City Council within ten (10) business days after the decision has been rendered. (7) Exceltions. Properties which are determined by the Planning Manager to be threats or hindrances to the health, safety, morals and general welfare of the citizens of Beaumont shall be automatically exempted from the certificate of appropriateness review. Section 3. THAT Chapter 28, Section 28.04.023(e), Permitted Use Table, SIC Groups 75 and 58, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 175 AUTOMOTIVE REPAIR,SERVICES S S S P S S P P P S 751 Automobile Rental and Leasing 24 S S S P S S P P P S 752 Automobile Parking 0 26,30 S S S P S S P P P S 7532 Top and Interior Repair Shops 19 9 S S S P P P S 7532 Paint and Body Repair Shops 19 9 S P P S P P P S 7533 Automotive Exhaust System Repair 19 9 S S S P P P S 17534 Tire Retreading Shops 19 S S P P S S P P P S 7534 Tire Repair Shops 19 9 S P P S S P P P S 7536 Automotive Glass Replacement 19 9 S P P S P P P S 7537 Automotive Transmission Repair 19 9 S S P P S S P P P S 7538 General Automotive Repair Shops 19 9 S S P P S S P P P S 7539 Automotive Repair Shops,Not 19 9 S S P P S S P P P S 754 Automotive Services,Except Repair 19 15 and, I ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M Li HI PUD GROUP M H H MD MD-2 58 EATING AND DRINKING PLACES S S S P P S P P P P S 15812 Eating Places(Including Carry Out 26(g) 11,31 S S S S I P P P S 5813 Drinking Places 26 Section 4. THAT Chapter 28, Section 28.04.008(b) of the Code of Ordinances be and the same is hereby amended by adding a new Subsection 28.04.008(b)(30) to read as follows: Sec. 28.04.008 Special conditions (b) Special conditions by use. (30) Eighteen (18) wheeler trailers shall not be used as storage units except in the LI and HI Districts. Section 5. THAT Chapter 28, Section 28.04.008(b) of the Code of Ordinances be and the same is hereby amended by adding Subsection 28.04.008(b)(31) to read as follows: Sec. 28.04.008 Special conditions (b) Special conditions by use. (31) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H Districts. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. 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 15th day of January, 2013. - ayor B cky Ames - y, AV y� �