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HomeMy WebLinkAboutORD 70-63ORDINANCE N0. ENTITLED AN ORDINANCE PROVIDING FOR A SPECIFIC USE PERMIT; PROVIDING FOR AN APPLICATION; PRO- VIDING FOR A SITE PLAN; PROVIDING FOR CONDITIONS TO CERTIFICATE OF OCCUPANCY; PROVIDING FOR ACCEPTANCE OF SAID CONDITIONS IN WRITING BY APPLICANT; PROVIDING FOR APPLICATION AND SECUR- ING OF BUILDING PERMIT WITHIN TWELVE (12) MONTHS OF GRANTING OF SPECIFIC USE PERMIT, AND PROVID- ING FOR AN EXTENSION; PROVIDING THAT THE BOARD OF ADJUSTMENT SHALL , HAVE NO JURISDICTION RE- LATING TO SPECIFIC USE PERMITS; PROVIDING FOR A SPECIFIC USE, TO WIT: HIGH RISE APARTMENT PRO- JECTS; PROVIDING VARIOUS REGULATIONS OF SUCH HIGH RISE APARTMENT PROJECTS RELATING TO: ACCESSORY USES, FRONT YARD, REAR YARD, SIDE YARD, LOT AREA, LOT COVERAGE, BUILDING BULK, FLOOR AREA, DENSITY, USEABLE OPEN SPACE, OFF-STREET PARKING, HEIGHT LIMIT, SIDEWALK AND UTILITIES; PROVIDING A PENALTY; PROVIDING FOR SUIT TO ENJOIN; PROVIDING FOR SEVERABILITY; AND REPEAL - LING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. 42-20.1 Specific Use Permit. Upon application for a specific use zone change, the Planning and Zoning Commission may recommend a specific use zone permit. (a) Same - Procedure. The City Council of the City of Beaumont may, after public hearing and proper notice to all parties affected, and after recommendation from the Planning & Zoning Commission containing such requirements, conditions, and safeguards as provided in this section, or any other, deemed necessary to protect adjoining property as well as maintaining,s'tandards 'o'f-development appropriate to the char- acter of the site and its location within the community pattern, authorize the location,of any of the following uses in the specified districts, provided the application is accompanied by four (4) copies of a site plan. No permit provided for 0 herein shall be approved unless there is on file with the Sec- retary of the Planning,& Zoning Commission a site plan fully meeting the requirements of this sub -section. The site plan shall be a line drawing clearly describing the project, and shall include adequate labeling and dimensioning of all fun- damental features of the project. An appropriate title shall identify the project and its nature and the title shall in® clude the legal description of the property together with north point and date, and shall be drawn to engineer scale. Typical features which shall be included but not necessarily limited to, are: lot lines; rights-of-way for streets, alleys, and easements; ordinanced building lines; building setback lines, curb lines; parkways, sidewalks; driveway openings; buildingsand/or structures; open space; the number and size of parking spaces; street names; building heights in feet and stories, size and height of signs; garbage collection facil- ities including necessary easements; service areas; visual screening; and landscaping. The site plan shall be submitted at the time the application for a zone change is made. If a site plan is approved by the Planning & Zoning Commission, subject to specified deletions, additions, modifications, or other change, such deletions, additions, modifications, or other changes shall be filed with the Secretary of the Planning & Zoning Commission not less than five (5) days prior to ac- tion by the City Council. (b) Same - Amendment to Zoning Ordinance. Every spe- cific use permit granted under these provisions shall be considered an amendment to the zoning ordinance as applicable -2- 0 S . . to such property under consideration. Prior to or in granting or authorizing of such permit, the City Council may impose conditions which shall be complied with by the owner or grantee before certificate of occupancy may be issued by the Building Inspector for the use of the building on such property pursuant to such specific use permit; and such 'conditions shall not be construed as conditions precedent to the granting of a specific use permit, or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy. (c) Same - Acceptance. No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall in writing accept and agree to be bound by and comply with the terms of the specific use permit. (d) Same - Building Permit. A building permit shall be applied for and secured within twelve months from the time of granting of the specific use permit provided however that the City Council may authorize an extension of this time upon recommendation by the Planning & Zoning Commission of the City. (e) Same - No Jurisdiction by Board of Adjustment. The Board of Adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such spe- cific use permit. (f) Same - Amendment of Zoning Map. When the City Council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to in- dicate that the affected area has conditions and limited uses. IS12 r. 42-20.2. Specific Uses. The uses in the following sub- divisions of this section, beginning with Section 42-20.3, are authorized in the specified districts: 42-20.3. High Rise Apartment Use. High Rise Apartment projects in any zoning district. It is hereby declared the public policy of the City of Beaumont that the regulations as set forth in this section are intended to provide for and en- courage high density multi -family apartment developments at locations in or near the central part of the City or in the vicinity of other concentrations of population and activities such as Lamar State College of Technology and the major traffic facilities and expressways. Tall buildings are the basic part of these regulations as are the accessory uses intended for the benefit of residents of such structures. The requirements for setbacks, building coverage, open space, off-street park- ing; and such are intended to provide for the proper siting of such structures so as to maintain reasonable standards of de- velopment and minimize possible adverse effect on the surround- ing areas as well as protecting the public interest. No land can be used or occupied, and further, no building or structure shall be used, occupied, erected, altered, or expanded and no permit of occupancy shall be issued unless such conforms to the following regulations: (a) Same - Accessary Uses. Accessory uses providing service to the tenants are permitted provided such uses do not occupy more than ten (10) per cent of the gross floor area of the principal building, are not visibly identifiable from the outside of the building, have no exterior signs, and with no entrance to such facilities except from a lobby or other common area within the building. Such uses may include, but are not necessarily limited to, such things as barber or beauty shop, -4- professional type office, laundry and cleaning pickup station, restaurant, and newstand. (b) Same - Front Yard. There shall be a front yard for every structure and building. The minimum depth of such yard between the front lot line and the front of any building or structure shall be not less than twenty-five (25) feet. (c) Same - Rear Yard. There shall be a rear yard for the principal building measured from the lot line to the rear of the building. The minimum required rear yard shall be not less than forty-five (45) feet to the center line of an abutting alley or, if there is no alley, thirty-five (35) feet from the rear lot line or, if there is a public street abutting the rear yard there shall not be less than twenty-five (25) feet be- tween any building or structure and the street right-of-way. Accessory buildings allowed in the rear yard shall not be less than ten (10) feet from the rear lot line except as provided above, and shall not be more than two (2) stories in height. (d) Same - Side Yard. There shall be a side yard for every structure. The minimum width of each of such side yards measured from the side lot line to the structure shall be twenty-five (25) feet. (e) Same - Lot Area. The minimum area of any lot shall be eighteen thousand (18,000) square feet and as required in Section 42-7(9) of the Zoning Ordinance. (f) Same - Lot Coverage. The area of the principal building shall not cover more than twenty (20) per cent of the lot area. Accessory buildings may increase the building cov- erage to, but shall not exceed a total maximum lot coverage of thirty (30) per cent. INS em (g) Same - Building Bulk. No part of any building, except for two story accessory buildings, shall project up through planes parallel to and extending up at an angle of seventy-one degrees and thirty-four minutes (71°34') with respect to the horizontal (this being a slope of three (3) feet vertical for each foot horizontal) from each of the pro- perty line limits of the lot or from the center line of any adjacent streets or alleys, whichever affords the greater bulk. (h) Same - Floor Area. The total gross floor area for any building or group of buildings, including any acces- sory buildings, on a single lot shall not exceed three (3) times the area of the lot contained within the property lines. (h)(1). Same - Floor Area. The floor area of a building for the purpose of this section is the sum of the gross horizontal areas of all floors measured from;;the ex- terior faces of exterior walls. (h)(2) Same - Floor Area. Floor area shall include any portion of the basement used for residential purposes or occupied by any accessory use as permitted under sub-section of this section, attic space having head room,,of seven feet six inches (7' 6") or more, interior balconies or mezzanines, lobbies or other common areas available to the occupants, halls, corridors, stair walls, and elevator shafts, but need not include the area of any open exterior balconies, terraces or porches, enclosed off-street parking areas or that floor area devoted to mechanical equipment. (i) Same - Density. One dwelling unit for each four hundred fifty (450) square feet of net development lot area shall be allowed, such net area being defined by the property lines of the development lot and exclusive of any area in adjacent streets or alleys. (j) Same - Useable Open Space. For the purpose of this section useable open space shall be gound or roof area, open and unobstructed to the sky except as provided below which shall be available and convenient for the use of all occupants. Such open space shall be -designed for and devoted to landscaping, green areas, and recreation. (j)(1) Same - Useable Open Space. The area of such useable open space shall be a minimum of five (5) per cent of the gross floor area and at least one-third (1/3) of the re- quired area shall be at ground level. (j)(2) Same - Useable Open Space. Such open space may be in one or more areas but shall be of such size and shape as to afford reasonable use by the occupants and no dimension shall be less than twenty (20) feet. (j)(3) Same - Useable Open Space. No portion of such required useable open space shall be used for off-street parking, vehicular drives, or loading areas. (j)(4) Same - Useable Open Space. Any roof area to be considered as useable open space shall be -made accessable with stairs or elevator, suitably surfaced, adequately protected, and free of any obstructions. (j)(5) Same - Useable Open Space. For the purpose of affecting reasonable shelter, up to twenty-five (25) per cent of such useable open space may be roofed and in such instance not more than fifty (50) per cent'of the roofed section may be enclosed provided such enclosures does not affect more than three (3) sides of any structure. -7- y , V (k) Same - Off -Street Parking. Paved off-street park- ing area shall be provided on the lot for the benefit of the occupants and their guests on the basis of one and one-half (1 1/2) parking spaces per dwelling unit. The space provided for parking shall be defined as an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley, or other right-of-way. Such area shall: (a) have a permanent all-weather surface; (b) have dimensions of not less than eight feet six inches (8' 6") x eighteen feet zero inches (18' 0"); (c) be accessible by an all-weather surfaced drive of sufficient width to provide for access and maneuvering, which drive shall connect with a dedicated street or alley; (d) be appropriately defined and marked; (e) be so designed and regulated that no parking, or maneuvering incidential to parking „shall be on any public street or sidewalk; (f) provide adequate barriers to keep any parkedvehicle from extending into or overhanging any public right-of-way; (g) be so designed that any vehicle may be parked and unparked without requiring the moving of any other vehicle. (k)(1) Same - Off -Street Parking. Off-street parking areas shall not occupy more than twenty-five (25) per cent of the required front yard area, provided that no such parking area shall occupy any portion of a triangle at a street inter- section measured twenty-five (25) feet along the street curb or pavement lines from the street intersection. (k)(2) Same - Off -Street Parking. Any such off-street parking areas shall be screened along the side property line by a minimum six (6) foot permanent solid wall or fence from me any adjoining property in the A-1, Rl-A, R-1 and R-2 districts except that such screening is not required along any alley or street line, and any such fence or wall shall not be higher than a base line extending from a point 2 1/2 feet above walk grade at the sidewalk to a point four and 1/2 feet above walk grade'at�a depth of the fron yard required. (k)(3) Same - Off -Street Parking. Any lighting of drives or parking areas shall be so designed as not to cause glare on any other residential or apartment zoned area in the vicinity. (k)(4) Same - Off -Street Parking. Off-street parking areas shall be checked and approved as to number of spaces, access, and ingress and egress. by the Planning Department, Traffic Department, and the Public Works Department. (1) Same - Height Limit. There shall be no maximum height limit except for accessory buildings which shall not exceed two -)(2) stories. (m) Same - Sidewalk.. Sidewalks shall be provided with a minimum width of six (6) feet and shall be constructed in that area between the curb of the paved street and the abutting property line with the inner -edge of the sidewalk being con- tiguous and parallel with the property line and shall be con- structed of concrete. (n) Same - Utilities. When existing water, sanitary sewer, and drainage facilities must be increased in size or capacity as a result of the development of, or the granting of a specific use permit for the construction of a High Rise Apartment project, the total cost of increasing the size and/or service of such facilities shall be paid by the applicant or owner, and shall be constructed in accordance with City spec- ifications as established and approved by the Director of Public Works. .Section 2. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. That any person, firm or corporation violating any pro- vision 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. Section 4. Suit by the City to enjoin the violation of any pro- vision of this ordinance may be filed in any court of competent jurisdiction. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a parti- cular person, group of persons, firm, associations or corpora- tion, or to a particular set of circumstances should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. ayor - -10- PASSED by the City Council this the /',% day of L 1970. ayor - -10-