HomeMy WebLinkAboutORD 13-004 ORDINANCE NO. 13-004
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SECTIONS 28.01.004(b) AND 28.03.023(e) OF THE CODE
OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE
CHANGES 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 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by deleting the definition of Child care center.
Section 2.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by amending the definition of Home occupation as follows:
Sec. 28.01.004(b) Definitions.
Home occupation.
(6) No equipment is used which creates offensive noises, vibrations, sound,
smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or
television. In particular,a home occupation includes the following and similar
uses: artist's studio; dressmaking and millinery; limited professional practice
provided no clients or customers are permitted on the premises (such as
lawyer, engineer, architect, or accountant); music teaching limited to not
more than two (2) pupils at one time; the keeping of up to three(3)unrelated
children apart from their parents,guardians or custodians for regular periods
of time for compensation. This type of child care facility shall be known as a
listed family home. (See definition)
Section 3.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by adding the definition of Listed Family Home to read as follows:
Sec. 28.01.004(b) Definitions.
Listed Family Home. A home-based child care facility where the caregiver is
compensated to provide regular child care for at least four(4) hours per day, three
(3) or more days a week for no more than nine (9) consecutive weeks in their own
home for one (1) to three (3) unrelated children.
Section 4.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by adding the definition of Registered Child Care Home to read as
follows:
Sec. 28.01.004(b) Definitions.
Registered Child Care Home. A home-based child care facility where the caregiver
cares for up to six (6) children under the age of fourteen (14); they may also take
in up to six(6)more school-age children. The number of children allowed in a home
is determined by the ages of the children. No more than twelve (12) children can
be in care at any time, including children of the caregiver.
Section 5.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by adding the definition of Licensed Child Care Home to read as follows:
Sec. 28.01.004(b) Definitions.
Licensed Child Care Home. A home-based child care facility where the caregiver
provides care for seven (7) to twelve (12) children under the age of fourteen (14).
Section 6.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by adding the definition Licensed Child Care Center to read as follows:
Sec. 28.01.004(b) Definitions.
Licensed Child Care Center. A child care facility where the caregiver provides care
for seven(7)or more children under the age of fourteen(14)at a location other than
at the permit holder's home. A licensed child care center shall not include or apply
to bona fide schools, custody fixed by a court, children related by blood or marriage
within the third degree of the custodial person, or churches and other religious or
public institutions caring for children within an institutional building.
Section 7.
THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Group 83, 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 I RCR- NC NSC GC- GC- CBD C-M LI HI I PUD GROUP
M I H H MD MD-2
S S S P P P S S P P PI S 83 SOCIAL SERVICES(except as noted) 41
S S S S S S S S S I S 18351 Home-based care 41
P I P P I S S P P P S 8351 Center-based care 41
P P S P S S S 8361 Residential Care(except as noted 41 19
S S S S S S S Halfway Homes for delinquents and 41 19
offenders
Section 8.
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 9.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 10.
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. /
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