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HomeMy WebLinkAboutORD 02-008 ORDINANCE NO. 02-008 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-21.2(a), 30-21.2(e)AND 30-21.2(e) (8) (c), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT REGULATING CERTAIN ACTIVITIES IN THE HISTORICAL DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Section 30-21.2(a),of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 30-21.2. Historic-Cultural Landmark Preservation Overlay District. (a) Definitions. Unless the context clearly indicates otherwise, in this section: (1) ATTENTION GETTING DEVICE means any device,except for permitted signs and flags, that is used for the purpose of attracting the attention of the public to a commercial establishment. An attention getting device shall include, but not be limited to, streamers, flags (other than U.S. or State), balloons, pennants or decorations. (2) BANNER means a sign made of fabric or any nonrigid material with no enclosing framework. (3) Blockface means all of the lots on one side of a block. (4) Certificate of appropriateness means a certificate issued by the city to authorize the alteration of the physical character of real property in a district,or any portion of the exterior of a structure on the property,orthe placement,construction,alteration, nonroutine maintenance, expansion, or removal of any structure on or from the property. (5) Column means the entire column including the base and capital, if any. (6) Contributing structure means a structure which physically or historically contributes to the historic value of an historic district. (7) Corner side facade means the main building facade facing the side street. (8) Director means the director of the planning division or his/her representative. (9) Educational land uses (see Institutional land uses). (10) Exterior architectural feature means, but shall not be limited to,the kind, color and basictexture of all exterior building materials and such features as windows,doors, lights, signs and other exterior fixtures. (11) Fluorescent color means colors defined(Munsell Book of Color)as having a minimum chroma value of eight (8) and a maximum of ten (10). (12) Front facade means the main building facade facing the street upon which the main building is addressed. (13) Furniture, street means manmade, above ground items that are usually found in street rights-of-way, including benches,kiosks,plants,canopies,shelters and phone booths. (14) Institutional land uses means those properties owned or otherwise administered by organizations of higher education,vocational training centers and museums. Churches, synagogues, social, civic, fraternal and professional organizations, specialty schools, residential care facilities,day care centers, nursing homes,clinics and hospitals and all other uses not specifically excluded are bound by the terms of this section. (15) Masonry paver means a solid brick or block of masonry material used as a paving material. (16) Metallic color means a paint color which has pigments that incorporate fine flakes of bronze, aluminum, or copper metal. (17) Move-in building means a building that has been moved onto an existing lot. (18) Preservation criteria means the standards considered by the director and the historic landmark commission to determine whether a certificate of appropriateness should be granted or denied. (19) Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. (20) Sign, fence means signs attached or affixed to any type of fence. (21) Sign, mobile means business signs used to advertise an establishment or service which are on or,otherwise affixed to,trucks,automobiles,trailers or other vehicles used primarily to support or display such signs while parked. (22) Sign,moving means signs which in whole,or part,do not remain stationary at all times, regardless of power source which effects movement. (23) Trim color means a paint color other than the dominant color. Stain is not a trim color. Trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors and ceilings. Section 2. THAT Chapter 30, Section 30-21.2(e), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add the following: (11) Outdoor Merchandising. No business shall display any merchandise outdoors within a historic district. Section 3. THAT Chapter 30, Section 30-21.2(e) (8), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add the following: (ix) banners for commercial use,to exclude one(1)U.S.and one(1)State flag, neither to exceed 4' x 6' in size. (x) other attention-getting devices used by commercial establishments Section 4. That if any section,subsection,sentence,clause or phrase of this ordinance,orthe 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 5. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 6. 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 Beaumontthis the 29th day of January, 2002. - David W. Moore, Mayor -