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HomeMy WebLinkAboutORD 81-17 ORDINANCE NO. c /-{ 7 ENTITLED AN ORDINANCE REPEALING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT INCLUDING THE MAP WHICH IT INCORPORATES AND TO WHICH IT REFERS, SAVE AND EXCEPT CERTAIN PARTS; ENACTING A NEW CHAPTER 30 TO THE CODE OF ORDINANCES, TO BE NUMBERED AS HEREINAFTER PROVIDED; ADOPTING. TEXAS STATUTORY PROVISIONS; STATING A PURPOSE; DEFINING TERMS; ESTABLISH- ING ZONING DISTRICTS; ADOPTING AN OFFICIAL ZONING MAP OF THE CITY OF BEAUMONT; PROVIDING ZONING DISTRICT REGULATIONS; PROVIDING FOR SPECIFIC USE PERMITS UNDER CERTAIN CONDITIONS; PROVIDING OFF-STREET PARKING AND LOADING REGU- LATIONS; PROVIDING SIGN REGULATIONS; PROVIDING FOR PLANNED UNIT DEVELOPMENTS AND STANDARDS AND REGULATIONS RELATING THERETO; PROVIDING FOR NON-CONFORMING BUILDINGS, STRUCTURES, AND USES OF LAND AND REGULATIONS RELATING THERETO; PROVIDING CERTAIN LANDSCAPING AND SCREENING REQUIREMENTS; ESTABLISHING CERTAIN PERFORMANCE STANDARDS; ESTABLISHING CERTAIN SPECIAL CON- DITIONS; PROVIDING FOR ENFORCEMENT; CREATING A BOARD OF ADJUSTMENT AND REGULATIONS AND PRO- CEDURES RELATING THERETO; CREATING A PLANNING AND ZONING COMMISSION AND REGULATIONS AND PROCEDURES RELATING THERETO; CREATING A HIS- TORICAL LANDMARK COMMISSION AND REGULATIONS AND PROCEDURES RELATING THERETO; ESTABLISHING A PROCEDURE FOR CHANGES, AMENDMENTS, AND SPECIFIC USE PERMITS; PROVIDING FOR SEVER- ABILITY, PROVIDING FOR A PENALTY, PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont requested the Planning and Zoning Commission to study and evaluate the zoning ordinances of the City of Beaumont; and, WHEREAS, said Commission was additionally charged with the responsibility of recommending to the City Council a comprehensive revision of said ordinances; and, WHEREAS, said Commission thoroughly studied and evaluated planning and zoning recommendations submitted by City staff, members of the development community, real estate community, and other interested segments of the private sector; and, WHEREAS, a public hearing before said Commission was held on October 22, 1980, pursuant to Article 1011f of the Texas Civil Statutes, at which hearing the views of the public were heard; and, WHEREAS, changes and amendments to the originally proposed Ordinance have been made by the Planning and Zoning Commission as a result of recommendations , suggestions, and criticisms of the aforementioned segments of the community and integrated into the final proposal prepared by said Commission; and, WHEREAS, the City Council after receipt of said Ordinance from said Commission, considered and evaluated the recommended Ordinance; and, WHEREAS, the City Council solicited comment, critique, advice and recommendations from the real estate development and building community as well as City staff members; and, WHEREAS, a public hearing before the City Council was held on February 17, 1981, pursuant to Article 1011d of the Texas Civil Statutes, at which hearing the views of the public were heard; and, WHEREAS, further changes and amendments to the Ordinance as recommended by the Planning and Zoning Commission were made as a result of collective recommendations, suggestions and criticisms voiced during the aforementioned process; and, WHEREAS, the City Council believes that the following Ordinance will serve to protect and preserve the health, safety, welfare and morals of the community as well as promote the orderly development and growth of the City of Beaumont; and, WHEREAS, the City Council supports regular review of the Ordinance herein in order to insure that it will continue to accomplish the desired objectives and still remain a viable planning document in future years; and, WHEREAS, the City Council supports the planning and careful rezoning of the City of Beaumont to better reflect existing land use and future needs of the City, including the ultimate elimination of 11R-3 (Modified Two Family and Multiple Dwellings) Districts pursuant to the ordinance herein contained; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30 of the Code of Ordinances of the City of Beaumont, including the zoning map which it incorporates and to which it refers, is hereby repealed, save and except Ordinance Numbers 79-6, 79-51, and 81-15, and a new Chapter 30 is hereby enacted to read as follows: CHAPTER 30 ZONING ARTICLE 1 GENERAL PROVISIONS Page Section 30-1 Title. * . . * . . * . . . . . . . . . . . . . . . . . . . . . . . 0 . 00 . 0 * 0 . . . . . . . . . 1 Section 30-2 Adoption of Statutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 30-3 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 1 Section 30-4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 30-5 Zoning District Establishment. . . . . . . . . . . . . . . . . . . . 0 . . . 10 Section 30-6 Annexation Zoning Policy. . . . . . . . . . . . . . . . . . 12 ARTICLE 2 SPECIFIC DISTRICT REGULATIONS Section 30-7 A-R, Agricultural-Residential District Regulations. . . 14 Section 30-8 RS, Residential Single Family Dwelling District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 30-9 RM-M, Residential Multiple Family Dwelling Medium Density District Regulations. . . . . . . . . . . . . . . . . . 15 Section 30-10 RM-H Residential Multiple Family Dwelling- Highest Density District Regulations. . . . . . . . . . . . . . . 0 . 15 Section 30-11 RCR, Residential Conservation and Revitalization District Regulations. . . . . . . . . . . . . . . . . . 16 Section 30-12 NC, Neighborhood Commercial District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 30-13 NSC, Neighborhood Shopping Center District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 30-14 CSC, Community Shopping Center District Regulations.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 30-15 GC-MD, General Commercial Multiple-Family Dwelling District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 30-16 CBD, Central Business District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 30-17 C-M Commercial-Manufacturing District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 30-18 LI, Light Industrial District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 30-19 HI, Heavy Industrial District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 30-20 PUD, Planned Unit Development District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 30-21 H-C , Historical - Cultural Landmark Preservation Overlay District Regulations. . . . . . . . . . . . 23 Section 30-22 PD, Port Development District Regulations. . . . . . . . . . . . 24 Section 30-23 R-3 , Modified Two-Family and Multiple Dwelling District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 30-24 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 30-25 District Area and Height Regulations. . . . . . . . . . . . . . . . . 43 i ARTICLE 3 SUPPLEMENTAL PROVISIONS Section 30-26 Specific Use Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Section 30-27 Off-Street Parking and Loading Regulations. . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Section 30-28 Sign Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Section 30-29 Planned Unit Development Standards and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Section 30-30 Nonconforming Buildings, Structures, and Uses of Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Section 30-31 Landscaping and Screening Requirements. . . . . . . . . . . . . . . 69 Section 30-32 Performance Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Section 30-33 Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 ARTICLE 4 ADMINISTRATION Section 30-34 Enforcement, Violations, and Penalties. . . . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Section 30-35 Issuance of Building Permits. . . . . . . . . . . . . . . . . . . . . . . . . 84 Section 30-36 Certificate of Occupancy and Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Section 30-37 Board of Adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Section 30-38 Planning Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Section 30-39 Historical Landmark Commission. * * . . . . . . . . . . 93 Section 30-40 Changes, Amendments and, Specific Use Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 11 CHAPTER 30 ZONING ARTICLE 1 . GENERAL PROVISIONS Sec. 30-1 . Title. This Ordinance shall be known and may be cited and referred to as the Zoning Ordinance of the City of Beaumont, Texas. Sec . 30-2 . Adoption of Statutes Authorizing Zoning Ordinances . The statutes of the State authorizing and empowering cities to zone their cities and regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures; and authorizing and empowering the local legislative body to divide the municipality into districts of such numbers, shapes and areas as may be deemed best suited to carry out the purposes set out in such statutes, and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, the same being Articles 1011a et seq. , Vernon' s Texas Civil Statutes, are hereby adopted for and on behalf of the City; and the City, acting through its duly authorized officials, shall have all of the rights, powers, privileges and authority authorized and granted by and through such statutes. Sec. 30-3 . Purpose. The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, morals, and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. The zoning regulations and districts have been made in 1 Sec . 30-3 • accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of lands; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. The zoning regulations and districts have been made with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the community. Sec. 30-4 . Definitions. A . Interchange: Words in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "Building" includes the word "Structure" ; the word "Lot" includes the words "Parcel", "Plot", or "Tract"; the word "Shall" is mandatory and not discretionary. B. Definitions : In the interpretation of this Ordinance, the following words and terms are to be used and interpreted as defined hereinafter: 1 . ACCESSORY BUILDING: A subordinate building, located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. 2 . ACCESSORY USE: A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use, 3 . APARTMENT HOUSE: Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3 ) or more separate dwelling units which may share means of egress and other essential facilities. 4 . BUILDING: Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 2 Sec . 30-4 . 5 . BUILDING HEIGHT: The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. 6 . CEMETERY: Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums , and mortuaries when operated in conjunction with and within the boundary of such cemetery. 7 . CERTIFICATE OF OCCUPANCY : An official certificate issued by the City through the enforcing official which indicates conformance with the zoning regulations and authorizes legal use of the premises for which it is issued. 8 . CHILD CARE CENTER: Any place, home, or institution which cares for four (4 ) or more children under the age of sixteen (16) years apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term "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. 9 . CITY COUNCIL: The governing and legislative body of the City of Beaumont, Texas. 10. CITY MANAGER: The chief administrative officer of the City of Beaumont, Texas, or his designee. 11. CLUSTER HOUSING DEVELOPMENT: A residential development containing attached or detached units on a limited portion of land with the remaining land areas consolidated into common open space areas. 12. COMMISSION: Shall mean the "Planning and Zoning Commission" of the City of Beaumont, Texas. 3 Sec . 30-4 . 13. COMPREHENSIVE PLAN: Graphic and textual form policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City. 14. DISTRICT OR CLASSIFICATION: A section of the City of Beaumont within which regulations governing the area or use of land and buildings apply under this Ordinance. 15. DWELLING, SINGLE FAMILY: A detached building having accommodations for and occupied by not more than one (1 ) family . 16. DWELLING, TWO FAMILY: A detached building having accommodations for and occupied by not more than two (2 ) families. 17. DWELLING, MULTIPLE FAMILY: Any building or portion thereof, which is designed, built, rented, leased or intended to be occupied as three (3 ) or more dwelling units or apartments and which includes facilities for food preparation and sleeping. 18. DWELLING UNIT: A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family . 19. FAMILY: Any number of individuals living together as a single housekeeping unit, in which not more than three (3 ) individuals are unrelated by blood, marriage or adoption. 20. FLOOR AREA, GROSS: The total floor space within the outside dimensions of a building including each floor level. 21. FLOOR AREA, NET: Is the area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features. 22. HOME OCCUPATION: Any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes; provided that: 4 Sec . 30-4 . a) No retail business of any sort is involved. b) No stock in trade is kept nor commodities sold except those made or used on the premises. c) Only members of the family residing on the premises are employed. d) No internal or external alterations, special construction, or features are involved. e) There is no advertising of any type either on premises or by published or printed matter and of no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings . f) 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. g) Repair of racing automobiles shall not be permitted. 23 . KENNEL: Any premises where four (4 ) or more dogs , cats or other pets twelve (12) weeks in age or older, are kept with or without charge. 24. LANDSCAPING: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving. 5 Sec. 30-4 . 25. LOADING SPACE: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. 26. LOT OR LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Jefferson County or a parcel of land, the deed for which is recorded in the office of the County Clerk of Jefferson County prior to January 22, 1980. 27. LOT AREA: The total horizontal area within the lot lines of a lot. 28. LOT, CORNER: A lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one-hundred and thirty-five (135) degrees. 29. LOT DEPTH: The mean horizontal distance between the front and rear lot lines . 30. LOT, INTERIOR: A lot other than a corner lot. 31. LOT LINES: The lines bounding a lot as defined herein: a) LOT LINE, FRONT: In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specifies another line as the front lot line. b) LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line. c) LOT LINE, SIDE : Any lot line not a front lot line or rear lot line. 6 Sec . 30-4. 32. LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the side lot lines at a point midway between the front and rear lot lines. 33. MAIN BUILDING: The building or buildings on a lot which are occupied by the primary use. 34. MODEL DWELLING UNIT: A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision. 35. NONCONFORMING BUILDING: A building, structure, or portion thereof which does not conform to the height, area or yard regulations of this Chapter and which lawfully existed at the time the regulations with which it does not conform became effective. 36. NONCONFORMING LOT: A lot whose width, area or other dimension does not conform to the district regulations of this Chapter and which was a lot of record or lawfully existed at the time the regulations with which it does not conform became effective. 37. NONCONFORMING USE: A non-residential use of a building or land which does not conform to the use district regulations of this Chapter and which lawfully existed at the time the regulations with which it does not conform became effective. A lawful conforming use existing at the time of the adoption of this ordinance shall not become nonconforming as a result of a Specific Use Permit requirement. 38. OPEN SPACE: Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. 39. PLANNED UNIT DEVELOPMENT: A district with development characterized by a unified site development plan which may provide for a 7 Sec. 30-4. mixture or combination of residential, recreation and open space, and commercial uses . 40. SHOPPING CENTER: A group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves. 41. SIGN: Any structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, word, mode, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention getting device. 42. SIGN AREA: The sign area shall be the area of rectangular enclosures of the entire sign other than structural supports. 43. SIGN ADVERTISING: Any sign, other than an accessory owner identification sign, which directs attention to a business, commodity, or service. 44. SIGN - OWNER IDENTIFICATION: A sign which pertains only to the use of a premises and which contains information pertaining to the name of the owner, occupant, or management associated with the use of the property, the kind of business or the brand name of the principal commodity sold on the premises, or other information relative to a service or activity involved in the conduct of the business, but not including the names of subsidiary products being sold. 45. STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground. 46. STRUCTURAL ALTERATIONS : Any change in the supporting or structural members of a building, including but not limited to bearing walls, columns, beams or girders, or Sec. 30-4 . any substantial change in the roof or in exterior walls . 47. TOWNHOUSE: A row of three or more attached, one-family dwellings, separated by vertical party or lot-line walls, and each having private entrances. 48. TRAILER PARK: See recreational vehicle court or park, mobile home park, mobile home subdivision in Chapter 27 of the City Code. 49. USE: The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained. 50. YARD: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls. 51. YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot as specified in each zoning district. 52. YARD, REAR: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot as specified in each zoning district. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions . On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. 53. YARD, SIDE: A yard between a building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the building. 9 Sec . 30-5 . Zoning District Establishment. A . Enumeration: In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the City of Beaumont is hereby divided into the following districts or classifications : 1 . A-R, Agricultural-Residential District 2 . R-S, Residential Single Family Dwelling District 3 . RM-M, Residential Multiple Family Dwelling - Medium Density District 4 . RM-H, Residential Multiple Family Dwelling - Highest Density District 5 . RCR, Residential Conservation and Revitalization District 6 . NC, Neighborhood Commercial District 7 . NSC, Neighborhood Shopping Center District 8 . CSC, Community Shopping Center District 9 . GC-MD, General Commercial Multiple-Family Dwelling District 10. CBD, Central Business District 11. C-M, Commercial-Manufacturing District 12. LI, Light Industrial District 13. HI, Heavy Industrial District 14. PUD, Planned Unit Development District 15. H-C, Historical-Cultural Landmark Preservation Overlay District 16. PD, Port Development District 17. R-3, Modified Two-Family and Multiple- Dwelling District 18. OP, Office Park District 10 Sec . 30-5 . B . Zoning Map Adopted: The Official Zoning Map of the City of Beaumont, dated March 10, 1981 is hereby adopted. The boundaries of the various districts as enumerated in Section 30-5(A) are hereby established as identified on said map. All notations, references, legends, scales, and every detail shown on said map are incorporated into and made a part of this Chapter. In interpreting the Official Zoning Map, the following rules shall apply: 1) The district boundaries are the center lines of either streets or alleys unless otherwise shown, and where the district designated on the Zoning Map is bounded approximately by a street or alley, the center line of street or alley shall be construed to the boundary of the district. 2) Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the district designated on the Zoning Map is bounded approximately by lot lines, the lot lines shall be the boundary of the district. 3) In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map. 4) Any property on the Zoning Map which does not have a zoning district designation shall be classified as an R-S, Residential Single-Family Dwelling District. C . District Boundary Uncertainty: Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the conflict shall be resolved by utilizing the appeal power of the Board of Adjustment as set forth in Article 4 , Section 30-35 of the Zoning Ordinance. D. General Restrictions : Except as hereinafter otherwise provided, no land or building shall be used, and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or repaired, for any purpose or 11 Sec . 30-5 • in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of this Chapter. E. Residential Use Restrictions : Whenever the specific district regulations pertaining to one district permit residential uses of a more restricted district, such residential uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specifically stated. F . General Purpose and Description Provisions : Paragraphs included within the district regulations in Article 2 hereof entitled "General Purpose and Description" contain general descriptive information to provide the reader with a conceptual understanding of the general legislative intent of the district indicated. The provisions of such paragraphs are directory and not mandatory . G. R-3 District: No property shall be rezoned to the R-3 District classification. Sec. 30-6 . Annexation Zoning Policy . A . Temporary designation, proceeding to give permanent designation: All territory annexed to the City hereafter shall be temporarily designated as R-S, Single Family Dwelling District, until permanently zoned by the City Council. The Planning Commission shall, as soon as practicable after annexation of any territory to the City, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations . B. Building Permits : In an annexed area temporarily classified as R-S, Single Family Dwelling District, no permit for the construction of a building other than those permitted in an R-S, Single Family Dwelling District, shall be issued by the Building Official unless such permit has been specifically authorized by the City Council. Permits for the construction of buildings in 12 Sec . 30-6 . newly annexed areas prior to permanent zoning may be authorized by the City Council under the following conditions : An application for any use shall be made to the Building Official in accordance with the provisions of the building code, and if such application is for a building other than one permitted in an R-S, Single Family Dwelling District, it shall be referred by the Building Official to the Planning Commission for consideration and recommendation to the City Council. When such a recommendation is filed with the City Council, it shall be advisory only, and the City Council may grant or deny the application as the facts may justify. 13 ARTICLE 2 . DISTRICT REGULATIONS Sec. 30-7 . A-R, Agricultural-Residential District Regulations. A . General Purpose and Description: This district is intended to provide a location for land situated on the fringe of an urban area and used for agricultural purposes, but that may become an urban area in the future. Generally, A-R, Agricultural-Residential Districts, will be near development; therefore, the agricultural activities conducted in the A-R, Agricultural- Residential District, should not be detrimental to urban land uses. The types of uses and the area and intensity of use permitted in this district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made. B . Permitted Uses : Uses permitted in an A-R, Agricultural-Residential District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in an A-R, Agricultural-Residential District, are set forth in Section 30-25. Sec . 30-8 . R-S, Residential Single Family Dwelling District Regulations . A . General Purpose and Description: The R-S, Residential Single Family Dwelling District, is the most restrictive residential district. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses . Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and by consideration of the proper functional relationship and arrangement of the different uses permitted in this district. B. Permitted Uses : Uses permitted in an R-S, Residential Single Family Dwelling District, are set forth in Section 30-24. 14 Sec . 30-8. C . Area and Height Regulations : Area and height regulations in an R-S Residential Single Family Dwelling District are set forth in Section 30-25. Sec . 30-9 . RM-M, Residential Multiple Family Dwelling-Medium Density District Regulations. A . General Purpose and Description: The RM-M, Residential Multiple Family Dwelling-Medium Density District, is intended to provide for medium density multiple-family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities, thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, ranging from single-family to low-rise multiple-family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The RM-M, Residential Multiple Family Dwelling District, functions as a buffer or transition between major streets, or commercial or higher density residential areas, and lower density residential areas. B . Permitted Uses : Uses permitted in an RM-M, Residential Multiple Family Dwelling-Medium Density District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in an RM-M, Residential Multiple Family Dwelling-Medium Density District, are set forth in Section 30-25. Sec. 30-10 . RM-H, Residential Multiple Family Dwelling-Highest Density District Regulations . A . General Purpose and Description: The RM-H, Residential Multiple Family Dwelling-Highest Density District, is a residential district intended to provide for the highest residential density ranging up to twenty-nine (29) dwelling units per acre. The principal use of land in this district is for a wide variety of dwelling types, including single-family dwellings, low-rise multiple-family dwellings, garden apartments, 15 Sec . 30-10 . condominiums, and townhouses and, subject to a specific use permit, high-rise apartments. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. The RM-H, Residential Multiple Family Dwelling-Highest Density District, is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development. B. Permitted Uses : Uses permitted in an RM-H, Residential Multiple-Family Dwelling-Highest Density District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in an RM-H, Highest Density Multiple- Family Dwelling District, are set forth in Section 30-25. Sec . 30-11 . RCR, Residential Conservation and Revitalization District Regulations . A . General Purpose and Description: The RCR, Residential Conservation and Revitalization District, is intended for predominantly residential areas of the City which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing the City Council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected services and retail uses that are needed for the comfort, economy and convenience of the neighborhood. Approval of the specific use and the site plan by the City Council will encourage future multi-family and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values. B . Permitted Uses : Uses permitted in an RCR, Residential Conservation and Revitalization District, are set forth in Section 30-24. The 16 Sec . 30-11 . commercial, retail and service uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or tract. C . Area and Height Regulations: Area and height regulations in an RCR, Residential Conservation and Revitalization District, are set forth in Section 30-25. Sec. 30-11 .1 . OP, Office Park District Regulations. A . General Purpose and Description: This district is intended to encourage and permit general professional and business offices of high site quality and appearance in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family or multiple-family development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods . This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses . The ultimate development must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings . B . Permitted Uses : The following uses shall be permitted in this district subject to Section 30-33, Special Conditions , B.12) . 1 ) Professional Offices 2) Consultants Offices 3) Medical and Dental Offices 4) Oil and Gas Extractions 5) Pharmacy , when in support of or an integral part of an on premise medical or dental office 6) Accessory uses 17 Sec. 30-12 . NC , Neighborhood Commercial District Regulations. A . General Purpose and Description: The NC, Neighborhood Commercial District, is primarily intended for retail sale of convenience goods or personal services primarily for persons residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood retail sales and service uses permitted in this district. Because the retail and personal service uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational and educational uses in the neighborhood, more restrictive requirements for light, air, open space, landscaping, and off-street parking are made than are provided in other commercial districts. The NC, Neighborhood Commercial District, is located on the periphery of the residential neighborhood on a major street in close proximity to the intersection of two major streets. B. Permitted Uses : Uses permitted in a NC, Neighborhood Commercial District, are set forth in Section 30-24. The commercial, retail and service uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or premise. C . Area and Height Regulations : Area and height regulations in a NC, Neighborhood Commercial District, are set forth in Section 30-25. Sec. 30-13 . NSC, Neighborhood Shopping Center District Regulations. A. General Purpose and Description: The NSC, Neighborhood Shopping Center District, is intended for a unified grouping, in one or more buildings, of several, typically between five (5 ) and twenty (20) , retail and service shops or stores that provide for the regular needs and are for the convenience of the people residing in adjacent residential neighborhoods . Gross floor area in a neighborhood center typically ranges from 30,000 to 100,000 square feet, and land area consists of two (2 ) to ten (10) acres in size. It is intended that the neighborhood shopping center be developed as a unit, with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to insure compatibility 18 Sec. 30-13. with surrounding residential environment. This district is located adjacent to several residential neighborhoods, ideally at the intersection of two (2) or more arterial or major streets with a service area of up to one and one-half (1 1/2) miles. Development of a neighborhood shopping center requires approval of a development site plan by the City Council, after recommendation from the Planning Commission. B . Permitted Uses : Uses permitted in an NSC, Neighborhood Shopping Center District, are set forth in Section 30-24. Office uses permitted in this district shall not exceed thirty (30) percent of the gross floor area of the shopping center. A Specific Use Permit for a shopping center as a particular use is required before any building permit or certificate of occupancy may be issued in this district. C . Area and Height Regulations : Area and height regulations in a NSC, Neighborhood Shopping Center District, are set forth in Section 30-25. Sec. 30-14 . CSC Community Shopping Center District Regulations . A. General Purpose and Description: This commercial district is intended for a unified grouping in one or more buildings , usually with a minimum of twenty (20) retail or service shops or stores, that provide goods and services for people residing within a minimum of between one and one-half (1 1/2) and three (3 ) miles of the shopping center. A community shopping center contains ten (10) to thirty (30) acres of land and has between 100,000 and 1,000,000 square feet of gross floor area. It is intended that a community shopping center be developed as a unit with adequate off-street parking and with appropriate landscaping. The CSC, Community Shopping Center District, is located adjacent to several residential neighborhoods, ideally at the intersection of two (2 ) or more major streets . Development of a community shopping center requires approval of a development site plan by the City Council, after recommendation from the Planning Commission. B . Permitted Uses : Uses permitted in an CSC, Community Shopping Center District, are set forth in Section 30-24. Office uses permitted in this 19 Sec . 30-14 . district shall not exceed fifty (50) percent of the gross floor area of the shopping center. A Specific Use Permit for a shopping center is required before any building permit or certificate of occupancy may be issued in this district. C . Area and Height Regulations : Area and height regulations in an CSC, Community Shopping Center District, are set forth in Section 30-25. Sec. 30-15 . GC-MD, General Commercial Multiple-Family Dwelling District Regulations. A. General Purpose and Description: The mixed GC-MD, General Commercial Multiple-Family Dwelling District, is intended for the conduct of community-wide personal and business services, speciality shops, general highway commercial uses, shopping centers, and multi-family residential development. The need for community-wide accessibility dictates that this district be located ideally at the intersection of two or more streets, along frontage roads adjacent to the interstate, or along selected major streets which have been designated for strip commercial development. Minimum lot width, depth, area, and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip commercial development. Multi-family development in this district is permitted in order to serve as a buffer or transition between commercial and medium density residential development. B . Permitted Uses : Uses permitted in a GC-MD, General Commercial Multiple-Family Dwelling District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in a GC-MD, General Commercial Multiple-Family Dwelling District, are set forth in Section 30-25. Sec. 30-16 . CBD, Central Business District Regulations . A . General Purpose and Description: The CBD, Central Business District, is intended to accommodate the commercial, office, service, residential and public activities and uses commonly found in a central business district. There shall be only one contiguous CBD, Central Business District. 20 Sec . 30-16 . B . Permitted Uses : Uses permitted in a CBD, Central Business District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in a CBD, Central Business District, are set forth in Section 30-25. Sec . 30-17 . C-M, Commercial-Manufacturing District Regulations . A . General Purpose and Description: The C-M, Commercial-Manufacturing District, is designed for intensive commercial uses and those selected manufacturing uses which are compatible with commercial development. The permitted manufacturing uses are either free of objectionable influences in their operations and appearance or can eliminate or control objectionable characteristics by landscaping, screening, and other abatement devices. Because most of the uses in the C-M, Commercial- Manufacturing District, often require direct access to major streets, rail or air facilities , this district should be located near major transportation routes . The C-M, Commercial- Manufacturing District, should be used as a buffer or transition between industrial development and commercial or multi-family residential development. B . Permitted Uses : Uses permitted in a C-M, Commercial-Manufacturing District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in a C-M, Commercial-Manufacturing District, are set forth in Section 30-25. Sec. 30-18 . LI, Light Industrial District Regulations. A . General Purpose and Description: The LI, Light Industrial District, is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesaling, and service operations that do not depend primarily on frequent personal visits of customers or clients, but that may require good accessibility to major rail, air facilities, or highways. This district is designed to upgrade industrial development standards, prevent industrial blight, and protect light industrial development from incompatible 21 Sec. 30-18 . residential, commercial or heavy industrial uses . This district should function as a buffer or transition between heavy industrial development and commercial development. B . Permitted Uses : Uses permitted in an LI, Light Industrial District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in an LI, Light Industrial District, are set forth in Section 30-25. Sec . 30-19 . HI, Heavy Industrial District Regulations. A . General Purpose and Description: The HI, Heavy Industrial District, is intended to provide for heavy industrial uses and other uses not otherwise provided for in the other districts . The intensity of uses permitted in this district makes it necessary to separate it from all residential districts and most commercial districts wherever possible. B. Permitted Uses : Uses permitted in an HI, Heavy Industrial District, are set forth in Section 30-24. C . Area and Height Regulations : Area and height regulations in an HI, Heavy Industrial District, are set forth in Section 30-25. Sec . 30-20. PUD, Planned Unit Development District Regulations. A . General Purpose and Description: The purpose of the PUD, Planned Unit Development District, is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district provides for greater flexibility in the design of buildings, yards, courts, and circulation than provided by other districts. B . Permitted Uses : Uses permitted in a PUD, Planned Unit Development District, are set forth in Section 30-24 . A Specific Use Permit is required before a building permit may be issued in this district except for single-family residential development and accessory uses . 22 Sec. 30-20 . C . Development Standards and Regulations : Minimum standards for developments in this district are set forth in Article 3 , Section 30-29. Sec. 30-21 . H-C, Historical-Cultural Landmark Preservation Overlay District Regulations. A. General Purpose and Description: The H-C, Historical-Cultural Landmark Preservation Overlay District, in general is intended to provide for the protection, preservation and enhancement of buildings, structures, sites and areas of architectural, historical, archaeological or cultural importance or value. More specifically, this district has the following expressed purposes: 1 . To stabilize and improve property values; 2 . To encourage neighborhood conservation; 3 . To foster civic pride in the beauty and accomplishments of the past; 4 . To protect and enhance the City' s attractions to tourists and visitors; 5 . To strengthen and help diversify the economy of the City; and 6 . To promote the use of historical-cultural landmarks for the education, pleasure and welfare of the community. This district supplements the regulations of the underlying zoning district classification. The Zoning Map shall reflect the designation of a Historical-Cultural Landmark Preservation Overlay District by the letters "HC" as a suffix to the underlying zoning district classification. This overlay district shall not include any of the area in the Central Business District. B . Permitted Uses :- The permitted uses in the H-C , Historical-Cultural Landmark Preservation Overlay District, shall be determined by the underlying zoning district classification. C . Area and Height Regulations : The area and height regulations shall be determined by the underlying zoning district classification. 23 Sec . 30-21 . D. Supplemental Regulations : Buildings , structures, sites and areas zoned "HC" shall be subject to the following regulations and to the regulations set forth in Article 4, Section 30-39 of this Ordinance. 1 . Exterior Alterations and Changes : No person or entity shall construct, reconstruct, alter, change, restore, remove, demolish, or obscure any exterior architectural feature of a building or structure located in an H-C, Historical-Cultural Landmark Preservation Overlay District, unless first applying to and receiving from the Landmark Commission a Certificate of Appropriateness as set forth in Article 4 , Section 30-39. 2 . Demolition or Removal of a Building or Structure : No building or structure located in an H-C , Historical-Cultural Landmark Preservation Overlay District, shall be demolished or removed without the approval of the Landmark Commission or the City Council as set forth in Article 4, Section 30-39• 3 . Omission of Necessary Repairs : Buildings and structures located in an H-C, Historical- Cultural Landmark Preservation Overlay District, shall be maintained so as to insure the structural soundness and integrity of the building or structure and its exterior architectural features as set forth in Article 4, Section 30-39• Sec . 30-22 . PD, Port Development District Regulations. A . General Purpose and Description: The PD, Port Development District, is intended to accommodate the port or port-related development of property owned by the Port of Beaumont Navigation District. This district is located in close proximity to the Port of Beaumont in the area which is bordered generally on the west by Cypress, Main, Blanchette, Sabine Pass and Carroll streets, on the north by the Neches River, and on the south by Buford and Grant streets . B . Permitted Uses : Any use which is not otherwise prohibited by applicable local codes or ordinances. 24 Sec. 30-22 . C . Area and Height Regulations : There shall be no area and height regulations in the PD, Port Development District. Sec . 30-23 . R-3, Modified Two-Family and Multiple-Dwelling District Regulations . A. Use Regulations : A building or premises shall be used only for the following purposes: 1 . Any use in the RM-H District. 2 . Neighborhood establishments of the general character and type as the following: (1 ) Antique Shop. (2) Bakery , retail sales only. (3 ) Barber and beauty shop. (4) Book or stationery store. (5 ) Candy, cigars and tobaccos, retail sales only . (6) Commercial billboard or advertising sign. (7 ) Drugstore, retail sales only. (8) Florist, retail sales only. (9) Grocery store, retail sales only. (10) Hardware, sporting goods, toys, paints, wallpaper, clothing, retail sales only. (11) Meat market, retail sales only. (12) Office building. (13) Photographer' s or artist' s studio. (14) Seamstress, dressmaker or tailor. (15) Studio for the display and sale of glass, china, art objects, cloth and draperies . (16) Restaurant without curb or drive-in service (service to be entirely within the building) . (17) Shoe repair shop, retail sales only . (18) Washeteria, equipped with automatic washing machine of the type customarily found in a home and where the customer may personally supervise the washing and handling of his laundry . (19) Neighborhood filling stations, to include retail sale of gas, oil and similar products but not for repair or storage of motor vehicles . (20) Bank. (21) Camera shop. (22) Wholesale sales office or sample room. (23) Bird and pet shop. 25 Sec . 30-23 . (24) Department store, novelty or variety shop. (25) Studios for dance, music, drama, health, massage and reducing. (26) Wearing apparel, including clothing, shoes., hats, millinery and accessories . (27) Retail liquor package store. (28) Mortuaries, and the operation of ambulance service therefrom, if off-street parking space is provided at a ratio of four (4 ) square feet of parking space to one square foot of mortuary building area, exclusive of storage area. (29) Parking lots used in conjunction with any of the above. B . Area Regulations : 1 . Front yard: No front yard shall be required for stores or commercial buildings. For dwellings there shall be a front yard having a depth of not less than twenty-five (25) feet. 2 . Side yard: No side yard shall be required for stores or commercial buildings. Side yards shall be required for dwellings. The minimum width of such side yard shall be five (5 ) feet. 3 . Rear yard: There shall be a rear yard along the rear line of the lot. The minimum depth of such rear yard shall be ten (10) feet for stores or commercial buildings, and twenty-five (25) feet for dwellings. Half the width of an alley may be included as rear yard. 4. Intensity of use: There shall be a lot area of not less than five thousand (5,000) square feet for single-family dwellings, and a lot area of not less than two thousand (2,000) square feet per family for two-family dwelling units, and a lot area of not less than fifteen hundred (1,500) square feet per family for multiple-dwelling units. Minimum lot area shall be determined by the dimensions of the lot. 5 . Lot width: The minimum average width of the lot shall be forty (40) feet. (Code 1958, 42-16) 26 Sec . 30-24. Permitted Uses . A. Use of Land and Buildings : Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, "Special Conditions" and all other requirements of the Zoning Ordinance. B . Permitted Use Table : The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district subject to (1 ) providing of off-street parking in the amounts required by reference to the "Parking Group" column, and (2 ) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "Special Conditions" column opposite the permitted use. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the "Parking Group" column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "Special Conditions" column opposite the permitted use, and (3) obtaining a Specific Use Permit as set forth in Article 3, Section 30-26. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. C . Uses not Listed: Primary uses not listed in the Permitted Use Table may be permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district, and be similar in traffic-generating capacity, noise, vibration, dust, odor, glare and heat producing characteristics . D. Accessory Use : A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premise as the 27 Sec . 30-24 . primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use. E . Standard Industrial Classification (SIC) grou numbers . The group descriptions in the 1972 Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses when reference is made in the tables to a designated Standard Industrial Classification (SIC) group number. Such SIC manual shall be filed in the office of the City Clerk for public inspection during business hours. 28 ZONI NG DISTRICTS . ERMITTED PRIMARY USES sic i • • • y • • • + ' g i • • g g • 018 Horticultural Specialties 1 _23 • ssssss non. g S ; $ j .r ¢ r$• _� s Mssnnnsoon (excluding retail sales) ssss■s ss s�ososssoso ■�� • ssnssssssns■ { r • $ MEN N MEN OR • ■osnssoon • g nn Dsssoos R • • a , . . . ass s�©LIDO© -- oss� ■oss saaoAOOOO , . Labor. and Management Services!sssss snsasaaooaaas 078 Landscape/Horticultural - - onn soon sossoss Mom son s ssnsssno son • r ss�ssi s - 010101 MEMO on ns os MEN ss0 M _ sssssssssssss. _- esosnss000s000 sssssssnonn■ _ _ �■in� ����s�.�a���s�© _ •: sons ■sssssssssssss ■s essnosssoossa■ : . . , . t sss� 0 001000210100110 • ¢ W.M. oil MEN 0 Mom snnoNnns■ mm ■s Mom■ s©om r e • • + �s� sows■ soon ■■ i . •° ,r ssrss sssssssssssss smog e • • d . i BUILDING ss s monsoon 01101001101 • ono ■sssnss000sns■ nn ■ssssss©�eeee r 1 • f ... . .. .... . ■nsssssssensn■ ONTRACTORSi ■onnnnonnnsn■ on nonnsnn�nnnnn■ �� ZONING DISTRICTS. PERMITTED PRIMARY USES sic GROUP ANN 1001011000110 NEI 203 Canned and Preserved Fruits and Veqetables ea -ur MEN»■NSHEN R 205 :• SEEM 0 Mir. son 8 0 IBM 2085 Distilled., Rectifiedand -��-_i so IS 0 SEE Liquors no mom 2081 Bottled R. mom 0 onomSo rs ONE room, e � . . . . . e 0 son ORONO on memo MEMO MEMNON mom MEN��0 eirr on so 1010101M. H. 0 MIEN SOMEONE!� I x_._i _ IMM! ■0 Emmons ■ iffif 110 1 MOM on SERIOUS so SEEMS 0021011021001■00101010«SI©es■ , . .. .., . , , ■EEMINE on - ■ENESSE10011�es■ . . s�� 000101002101001113 Wood Products, Not Elsewhere Classified ZONING DISTRICTS, PERMITTED PRIMARY USES .. • . 'GROUP ■■ ■■�r■®©eer . H . $_ . sue■■ monsoons NONE rrrr ■r■rrr■rrrr■ I '■r r■■rorrrrr©ne■ . . . . .. ._ ter■■ ■■■■■■■ammo■■■ rr■� r■■rr■ommomem .... ... . . . - �■r ■mrre■�rmrr�r■ ■■rr■rr■re■er■ _ Sol ■OMEONEt■anon OEM so - _ 6 - ,lam ■r■ir� rErr�r . - . . ■�� on soon Emmons NONE Ewe rom■■rmrrrmeo■ ON mom Emmons OMMUNWIMS on,mmosomms I'M ■■r■,r■nr■r■n■ ■■■mr■ro■r©aa■ . , i A . Bell �- ■rm■�r■■mrrr�m (except anoted below) ■r■■o■ro■,■■o■n ■rr� ■rm■e■■rrr©emo ■■■■rrrm�r■■■■rr■mr■■®ra�■■■ - f� . .. . ■■■■rr■rr■©MZM Concrete, �rre�i■■r�r®■■� ■■r■rr■■rrrrr■ . _ . ■� • • PERMITTED ORO USES • of ' ' ia.�o���ai • . WK n1jilmilagg MR., 111911 ■..■.m.....om■ / • Metal . . . . • . . _,2 _. Ordinance and Accessories , Engines and Turbines ■ommmmommommo■ ■���������©�o� .- . ,- sum 356 General Industrial Mac'#i)terv__l= ■���������©ss■ • . . , _. ems= SECTION 30-24 B. PERMITTED USE TABLE ZONING DISTRICTS c ac v v PERMITTED PRIMARY USES cL ocu� 2uum� sco SIC co ° ao Q oc ac cc z z ) cD U U -j = a GROUP a C7 cn U s P p P.p r EI11'C il_'2D2WJHAC!MjV",l T L S P PF` 1��STRIE S pip s P P S � ... I :Ft Ab 'l tSp TA 7 S P P P P S ...: Li ItLIt3 �` I�ITfi 7 S P P P P S £. QTR FtSOHT �IST7'Ifltil? 20 ��A�EH(ltlS1G S P P bAfi TRAiSP£? TTtll 7 r y S P P P S 3 . P S P P P P p P Pi P P GE _:. _ � " wa Is y, r.. , W, 3 % O N ME 7 (except as noted below P P P P P P P P P P P P P P 4971 Irrigation Systems 7 33 SECTION 30-24 B. PERMITTED USE TABLE ZONING DISTRICTS o cc v v o _ _ o SIC PtR �'1'ED PRIMARY USES c Qkcccc cc=zz00.7UU � = aGROUP a 0 L. cn ° '✓/j/ j wo f/� %i.s. i 9 B S P P P P S y s� 1. S P PPP S T IiIii� (ii� 8 .vy,d ..b,. S P P P P P P P P S f hr Bi1Ti i11N .:fTAL IARII } R ¢:'�RRDE�t SPFLY MD iIB�LE` I1�1� ` f1EALERS (except as noted below) S P PIP P S 521 Lumber and Other Building Material Dealers S P P P P P PPP St � IER� ii" ilt 13 S P P P P P P P P S Ftlt .STARES ' 13 Ai1T 1MOTIU tl Ai.£R SOLlNE �S1iT SITS (except as noted P P P P P P P S 551 Motor Vehicle Dealers New & Used 24 PIP P P P S 552 Motor Vehicle Dealers Used Only) 24 S1 P P PI P P P P P S 553 Auto and Home Supply Stores 13 P PI P P1 PI PIP S 1 554 Gasoline Service Stations 38 P Boat Dealers 24 556 and Utility Trailer 24 Dealers Dealers 14 p I tn ���y f� h� y f. � ' x.:, n iri .�r x��„ry���'�.�5 13 ti -FEGUIPAmr: R S ,f,. , i -040 ,DR1. Kh,NGr /,yx fi n2�Ai ......e i,%% S S P P P P P P P S 5812 Eating Places 26 11 L.I . P P S P P P P S 5813 Drinking Places 26 34 SECTION 30-24 B. PERMITTED USE TABLE ZONING DISTRICTS 0 m oc c3 v o _ n SIC PERMITTED PRIMARY USES i o c /) U u) t C,) , QOC � cc 2! ZUC7UU — l: cLGROUP aC7 cn o ,/// :�/Di Fyn/ii,G✓m..,/;//r�/ %sja t S PI P P P P P P PIS 591 Drug Stores and Propriety Stores 13 P P P P P P P S 592 Liquor Stores 13 S P P P P P P PI P S 1 593 Used Merchandise Stores 14 S P P P PIP P PI P S 5941 Sporting Goods and Bicycle Shops 13 S P P P PIP P P I P S 5942 Book Stores (General) 13 S S P PI PIS 5942 Book Stores (Adult) 13 2 S P P P P P P P PIS 1 5943 Stationer Stores 13 S P PIP I P P P P P S 5944 Jewelry Stores 13 S P P P P P P P P S 5945 Hobby, Toy and Game Sho s 13 S P P P P P PIPI PIP P S 5946 Camera and Photo2raphy Su2ply 13 Stores S P pip P P P P P S 5947 Gift, Novelty and Souvenir Stores 13 S P P P I PIP P P P S 5948 Luggage and Leather Goods Stores 13 S P P P P P P P P S 5949 Sewing , Needlework and Piece 13 Goods Stores SIP P P P P P P P S 596 Nonstore Retailers 7 S P P P IPIP P P P S 598 Fuel Dealers 15 S P P P I PIP P P P S 599 Retail Stores Not Elsewhere 13 Classified S P P P P P P P P S fib' B N `.3 S S P P P P P P I P P S . S S P P P P P P P P S K S S P P P P P P P P - 15 CI - %a -sx f `/ %,, �.. 14 ON S S 1P P 1p IP IP P P P S AS TRAAIGE AG£us 14 35 SECTION 30-24 B. PERMITTED USE TABLE ZONING DISTRICTS c PERMITTED PRIMARY USES hoc UU � � D Lo � � occn � � UU (ncnr� m � _ — SIC a cc cc ccc- zzUC7UU —� = aGROUP � cn 0 00 �,✓�i"`�yr"�r`�v� � �j'd�5�'��:!'/i�/y %ilk" S/' '��/�'y�� ��"� S S P P P P P P P P S ' � s1 � f ,, r'xy' �i ? � �� � h; h�'s?y% a/;y y� rr✓ ,�,�,��s S S I P P P P P P P P Si 14 l a a T 7� •t��TEL��,,Ff��f'I���A Ti�U�L y ;L�I��.'S. x a �I1, lTF{ Il'LO ING PLACI<S r; S S P P P P P S 701 Hotels, Motels and Tourist Camps 1 P P P P S 702 Rooming and Boarding Houses 1 S S S S S S S S S S S 703 Camps and Trailering Parks 5 S S S P P I IS 704 Organization Hotels and Lodging 1 Houses on a Membership Basis S P P P PIPI PIP P S 7211 Power Laundries 14 S P P P P P P P P S 7212 Garment Pressing and Agents for 14 Laundries and Dry Cleaning S P P P P P P P P S 7213 Linen Supply 7 S P P P P P PIPI PIP PIS 7214 Diaper Service 7 S S IP P P P P P P P S 7215 Coin-operated Laundries and Dry 39 Cleaning P PIP P P P P P S 7216 Dny Cleaning Plants 7 P PIP P P PIP . PIS 7217 Carpet and Upholstery Cleaning 7 P P I P I PIP P PI PIS 7218 Industrial Launderers 7/14 P PIP P P P P PIS 7219 Laundry and Garment Services Not 7/14 Elsewhere Classified S SIP P P IPIP P P P S 722 Photographic Studios Portrait 14 S SIP P P PIP P P P S 723 Beauty Shops 14 S S P P P P P P P P S 724 Barber Shops 14 36 • • a a s . • •• • • ZONING DISTRICTS PERMITTED PRIMARY USES • • • • • GROUP •Aexcept as noted below) Parlors and Hat Cleaning Sho 726 Funeral Service and Crematorip-1; NNE MEN solomfloom 51 mon Boone i 729 Miscellaneous Personal Services-001011MM son M,MENeeee . . . .. . son moommesees .. »IMMINEMMIMIN OEM ■osommoisenem� IME 'MEN ONE §seam � msse©es�ee�esese 7313 Radio, Television and R­wb1j,5,WL--r7s�--MHEI1MM ■s��ese�Ae�ee . - , _ - � »NE 0 0 0 IME er a© 0 0 moms _ 0 NNE 0 NEW . : ., i -'a i■�� SEEMS mossm �s� ese. sees©_ � MOOr NNE soon NONE S� ■ssrsm®ommo■ m� 111011111.1101 �� ZONING DISTRICTS SES PERMITTED PRIMARY U IBM GROUP �0 11 Enos�ee a . . .. . �� ■��e�eeeeeee�se •• Elsewhere ■moneommon NE MINIMUM==SSE■ _ 11100 1001 mom 0�e ®e eeee _ . . , . , , ©gee • eases A Monson • • ee .• r Repair • ee :.. : . ■ eee�eeeeee ._ -. . , _.. ,. , � erer�eeeee • , ro��e�eeeeeeeee man eeeeeeee � on mongs 011010.100111 MENEM r�reeeeeeeeee 762 Electrical- ._ .. NONE MEN MEMO HEN eeeee ., •- . . . . � ■���e���eeeeee .. Repair ; ON loan I M17699 Repair. Shogs and Related Seryi-ces—' mom 2 MENEM Not Elsewhere Classified 0101010110 UNION! IMM on 781 Motion Picture Production NONE 000111 K! Allied Senvices •r • r i PERMITTED PRIMARY USES sic GROUP MM ■■ eeeee�ee ee : . . . . . , e son ONE 105 - ibrolve ■ ME V�tsoon MOEN Inman. TOW-IT18 e e • _esr�edeeeee •9--2- Public 7993 Coin-operated Amusement Devices ����ree�e�edeeeee M. No. eees ���e�MeOeeRe�E e�e30eee •• . . .. so �� : eeie � eer�eeeee ... , .. .. ., - - � on mom "Ifl- SIR 0 0001e3eso�eseee :, . . . .. o . ■OMMINEENEWEE■ ©©©N NOMIMUMff 806 gnomon 111111 �� • L • : PERMITTED PRIMARY USES sic 1pml,GROUP 807 Medical and Dental Laboratories 808 Outpatient Care Facilities Ron 01 • ■rr�rrrr�rrr�rrrr� r��r��©r©arroa�rar■ � _ _ Classified man IT r�■ir�rr�r on mom r r �rrrrrarrr : : , ! OEM IME moo • woos : - - - • . rr rrr�rar rrrrr■ .. r����rrrr�ra�r • -.- a© aoaoaaaraoa and- Information Centter ME 0 . 323c IBM 0 Srrrrrr Vocational 82 9 Schools and Educational Serv�i�ce-,-,: � ��r� rrrrr Elsewhere _. _ ■,©Qda '� �a�aaa© s . . s � rrrrrrarr�r rr�a�aa�eare� :: a . : .# A Hffl ■��r��rrrrr■r� _ _ IQ ■rrw�er • teases :. ��r�aeaeaeer�ae :. _ r ■rrra�rrrrrr�■ MOM� MOONS MORINNIME■0rr©eaaaeaeae:.- . . . , . . . , . � eeeaarar�rrr■ ■��©©aa�aaoa©.. . Organizations- r ■r���trrrrr�r■ �� SECTION 30-24 B. PERMITTED USE TABLE ZONING DISTRICTS c PERMITTED PRIMARY USES o Z T U t3 � D 0 .R o c mcnS � V0010 Um _ SIC Q oc o`� oc CC1 C z z U C� U U -� = n. GROUP a CD W 0 S S S S S I S PI P P P P S S I S 866 Religious Organizations SI S PIP P P F S S IS 869 Membership Organizations , Not 14 Elsewhere Classified S S P P P P P P P P S y £ f 1Wf� ELLAPVE St1tlE 14 NONCLASSIFIED USES ON 0VERWENTAI� BES P P P P P P P Ip P P P P P IP Federal , State, and Local Govern- ment, Excluding Districts and Authorities �` REI�TIL SIS ; P P P P P S P Single-Family Dwellings 3 S S P P P S S Two-Family Dwellings 3 P Pip P P I IP Multi-Family Dwellings 2 P P P P I P P P Cluster Housing 3 1 S S S S Mobile Home Park 4 4 S S S S Mobile Home Subdivision 4 4 P UP P P Model Dwelling Unit �t��ES�RY RESIIIEI�TTl�L 1�SE� P P P P P P P Accessory Buildin , Structure or 7 Use S P P P S Garage Apartment 1 5 P P P Pip P Home Occupation S S S S S Servants or Caretakers Quarters 1 6 P P -PI P P Ip P Private Recreation Facility 8 P P P P P Ip P Swimming Pool 3 P P P I P P P 1p Solar Collectors ITIES[pyam tior-UT 7� i .r s.2,.cri,.,k,., P P P P P P P P P PIP P P P Cable Television Transmission Line P P P P P P P- P P qP P P P Electrical Transmission Line 41 PERMITTED PRIMARY USES INNINIPIRR'GROUP ,a ogee . . ese�eeoese mom MRSHMN011. e � .0 1aR fl. P.M. r��� 00000ER ' 0000no _ Exchanqe, Relay or Transmitting Station MENNEN 00101001 Utility Service or Storage Yard or, Buildings MEEN- now a ME Supply, Water Reservoir, Well mammon aoa0000aa0000 � Pumping Station ooson 0,000000 MEMENSOMERNME■ mmm 0000000001MIN■ ■o����oo��o��■ �� Sec . 30-25 . District Area and Height Regulations . A . No lot, parcel, premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area, width, depth, yard and height regulations as set forth in the tables labeled "Section 30-25, B. Area and Height Regulations." B . (See Area and Height Regulations Tables. ) C . Area and Height Exceptions : 1 . One-story, unattached accessory buildings or structures less than twenty (20) feet in height may be located in residential districts in the rear yard provided they are located no less than two and one-half (2 1/2) feet from the side property line in the rear yard and two and one-half (2 1/2) feet from the rear yard property line and do not cover more than sixty (60) percent of the rear yard. 2 . In an industrial district, no structural setback shall be required from a railroad right-of-way not less than fifty (50) feet in width. 3 . A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one (1 ) foot of required yard for each two (2 ) feet of additional height. In NC, NSC, CSC, GC, C-M, LI and HI Districts the minimum interior side yard which abuts any property located in an A-R, RS, RM-M or RCR District shall be increased by one (1 ) foot for each two (2 ) feet in height for that portion of any structure or building in excess of forty-five (4 5) feet in height. 4 . Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan. 5 . Nonconforming lots of record existing at the time of the adoption of this Ordinance shall be exempt, unless indicated, from the minimum lot area, depth, and width requirements provided they are developed in accordance with 43 Sec . 30-25 . all minimum yard requirements. Multi-family uses shall not be exempt from the minimum lot area requirements. 6 . When individual attached townhouses or condominiums are to be sold separately, there shall be no minimum lot area requirement; provided that the total land area of the project, including the land on which the units are located and the land held in common ownership by the unit owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located. 7 . The height regulations of this Chapter shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, storage towers, flag poles, monuments, ornamental towers or spires, cranes, construction equipment, smoke stacks, stage towers and scenery lofts, tanks, water towers, ham radio and television antennas, and microwave relay, radio and television transmission towers. 8 . Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be fifteen (15) feet. 9 . Buildings or structures for existing developments in industrial districts shall be exempt from the minimum yard requirements where the expansion, enlargement or separate addition thereof is limited to land already owned by those businesses or committed to them under long-term leases (or extensions thereof) at the time of the enactment of this Ordinance unless it abuts a residential zoning district. 10. Permitted residential uses in the CBD, Central Business District, shall not be subject to the restrictions of a more restricted residential district. 11. The zero-lot-line concept which involves locating a residential dwelling with a doorless and windowless wall actually on one interior side yard lot line adjacent to a dwelling with a side yard that is the width of 44 Sec . 30-25 . appropriate building lines and necessary structural restrictions for the zero-lot-line concept are shown on a recorded plat which has been approved by the Planning Commission. 12. Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this ordinance, apply for a Specific Use Permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this Ordinance. 13. Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area. 14. Minimum rear yards for lots of record existing at the time of the adoption of this Ordinance in multiple family dwelling districts and commercial districts shall be reduced to a minimum of ten (10) percent of the depth of the lot, but not less than a minimum of ten (10) feet. 15. Minimum rear yards in all commercial districts except for C-M shall be reduced to ten (10) feet when the rear yard abuts a commercial district. 16. Exterior side yards when backing up to an abutting side yard in NC and GC-MD Districts shall be reduced to ten (10) feet. 45 SECTION 30-25 B.AREA AND HEIGHT REGULATIONS. I.)RESIDENTIAL DISTRICTS ZONING DISTRICTS LOT AREA LOT LOT YARDS-MINIMUM (feet) HEIGHT MINIMUM WIDTH DEPTH MAXIMUM FRONT REAR SIDE (square feet) MINI- MINI- i Inter- Exterior (Circled numbers refer Per Per MUM MUM 13 �4 for FEET to exceptions enumer- (Corner Lot) ated in Section 30-25 Lot Dwelling (feet) (feet) 11 backing- backing- 3 C, Supra. ) 5 Unit up to an up to an abutting abutting 9 side rear yard yard AGRICULTURAL— RESIDENTIAL (A—R) 43,560 43,560 200 200 25 25 25 25 25 35 SINGLE FAMILY (RS) 5,000 5,000 50 100 25 25 5 15 10 35 DWELLING MEDIUM DENSITY MULTIPLE FAMILY 5,000 2,450 50 100 25 20 5 15 10 35 DWELLING (RM-M) HIGHEST DENSITY MULTIPLE FAMILY 5,000 1,500 50 100 25 25 5 15 10 45 DWELLING (RM-H) RESIDENTIAL CONSERVATION AND 5,000 1,500 50 100 25 25 5 15 10 45 REVITALIZATION (RCR) A 7.5 foot minimum yard shall be required for buildings with two or more stories. SECTION 30-25 B. AREA AND HEIGHT REGULATIONS. 2.COMMERCIAL DISTRICTS: ZONING DISTRICTS LOTAREA LOT LOT YARDS,MINIMUM (feet) MINIMUM HEIGHT Ch FRONT REAR SIDE MAXIPJIUM (square feet) MINI- MWI- _ (Circled numbers refer Q MUM MUM is Interior ® Exterior FEET O to exceptions enumerate Z in Section 30-25 C, (feet) (feet) O O When When � . O Supra.) � W C in bacIdn'g N Cri UP to an upto ar w in a resi in anon ng - D dential sacle Yard wQ M district ial is Yard O g NEIGHBORHOOD- COMMERCIAL (N-C) 75.00 75 100 20 15 15 5 25_ 10 35 rn ° G7 OFFICE (OP) � PARK 10,000 100 100 25 25 10 10 25 10 35 0 C r NEIGHBORHOOD- -Di CCENTERNG (NSC� (2 acres) 2Op 200 20 15 25 5 25 10 none czn COMMUNITY- !�+ SHOPPING (CSC) 435,600 500 500 20 15 25 5 25 10 0 CENTER (10 acres) none GENERAL (GC-MD) _ COMMERCIAL- 7,500 75 100 20 15 20 5 25 10 MULTIPLE FAMILY none CENTRAL BUSINESS (CBD) none none none none on one none DISTRICT 25 more none none none (� C COMMERCIAL- ( MANUFACTURINGC M� 10,000 100 100 25 25 25 5 25 10 none s SECTION 30-25 B. AREA AND HEIGHT REGULATIONS. 3. INDUSTRIAL DISTRICTS ZONING DISTRICTS LOT LOT LOT YARDS, MINIMUM (feet) s,�2 HEIGHT (Circled numbers refer AREA WIDTH DEPTH ABUTTING WHEN ABUTTING MAX. to exceptions enumer- MINI— MINI— MINI— STREET R-O-W OTHER PROPERTY ated in Section 30-25 MUM MUM MUM FEET C, supra. ) square (feet) (feet) When When LINES (ED 7 (feet) Across Across In A Non- In A Q Street Street Residential Residential � From Non From District District ident= idential 0 ial Distri Districts LIGHT INDUSTRIAL 10,000 100 100 25 40 5 25 none (L-I 1 HEAVY INDUSTRIAL 0,000 100 100 25 50 5 50 none (H-1) ARTICLE 3. SUPPLEMENTAL PROVISIONS Sec . 30-26 . Specific Use Permits. A . Purpose : This section provides the City Council the opportunity to deny or to conditionally approve those uses for which Specific Use Permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use' s relationship to the Comprehensive Plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are required. No rezoning request for a district change shall be denied on the basis that the request would be favorably received if reapplication was made for a Specific Use Permit. B . Permit Required: A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a specific use unless a Specific Use Permit has first been issued in accordance with the provisions of this Chapter. C . Application Procedure : An application for'a Specific Use Permit shall be filed with the Planning Department on a form prepared by that Department. The application shall be accompanied by a site plan which, along with the application, will become a part of the Specific Use Permit, if approved. The accompanying site plan shall provide the following information: 1 ) Data describing all processes and activities involved with the proposed use; 2) Boundaries of the area covered by the site plan; 3) The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits. 4) The location of existing drainage ways, and significant natural features; 49 Sec . 30-26 . 5) Proposed landscaping and screening buffers; 6) The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities; 7) The location, height and type of each wall, fence, and all other types of screening; 8) The location, height and size of all proposed signs; D. Public Hearings : The notification and public hearing process for a Specific Use Permit or revocations thereof is set forth in Section 30-40 of this Ordinance. E . Conditions for Approval: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1 ) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 50 Sec. 30-26 . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8) That the proposed use is in accordance with the comprehensive plan. F . Additional Conditions : In authorizing a Specific Use Permit, the City Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. G. Time Limit: A Specific Use Permit issued under this section shall be valid for a period of two (2) years from the date of issuance and shall become null and void unless construction or use is substantially underway during said two-year period, or unless an extension of time is approved by the City Council. H. Revocation: A Specific Use Permit may be revoked or modified, after notice and hearing, for either of the following reasons : 1 ) The Specific Use Permit was obtained or extended by fraud or deception; or 2) That one or more of the conditions imposed by the permit has not been met or has been violated. I. Amendments : The procedure for amendment of a Specific Use Permit shall be the same as for a new application, provided, however, that the Director of Planning may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods . J. Processing Fee : A processing fee of One Hundred M-00) Dollars shall be required for the processing of each Specific Use Permit request. 51 Sec . 30-27 . Off-Street Parking and Loading Regulations. A . Off-Street Parking Regulations : It is the intent of this section to assure that adequate off-street parking is provided with the construction, alteration, remodeling or change of use of any building or change in the use of land. 1 ) Any person establishing an off-street parking facility or applying for a building permit for construction, reconstruction, or alteration of the use of any building, other than a single family residence, shall submit to the building official a plot plan designating the number, dimensions, and location of off-street parking spaces to be provided. 2) The plot plan shall be submitted to the Urban Transportation Department and the Planning Department by the Building Official, and the Director of Transportation shall approve or disapprove the off-street parking facilities designated on the plot plan and shall designate curb cuts to serve the property. 3) Required off-street parking spaces shall be located on the same lot, tract, parcel, or premises as the use being served or on other property of the same or less restrictive zoning classification that the owner of the premises being served has a continuing right to use for parking. When the required off-street parking spaces are not located on the same lot, tract, parcel, or premises being served, the distance from the parking lot to an entrance to the building or use shall not exceed 300 feet in distance, measured along the shortest available pedestrian route with public access. 4) Any existing building or use that is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by more than fifty (50) percent as it existed at the effective date of this Ordinance shall be accompanied by off-street parking for the entire building or use in accordance with the off-street parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than fifty (50) percent, 52 Sec . 30-27. additional off-street parking shall only be required for the increased or changed floor area or use. 5) Existing parking spaces may not be used to satisfy additional off-street parking requirements of this chapter unless the existing spaces proposed for use in meeting the requirements of this Chapter exceed the number required for the building or use for which the existing spaces are associated. All parking associated with a building or use from which the spaces are drawn must meet all requirements of this Ordinance. 6) The number of off-street parking spaces required for each building or use shall be determined by reference to the following table of parking groups. Parking groups are identified for each building or use in Section 30-25, B. Where several different property uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. For any use not listed, or where the listed regulations are not applicable in the judgment of the Director of Transportation, the parking requirements shall be determined by the Director of Transportation. Computations of required parking spaces by the Director of Transportation shall be final. Shopping centers containing not more than 200,000 square feet of gross leasable floor area shall have a minimum of six (6) spaces per 1,000 square feet of gross leasable floor area. Shopping centers containing more than 200,000 square feet of gross floor area shall have a minimum of 5 .5 spaces per 1,000 square feet of gross leasable floor area. PARKING GROUP TABLE REQUIRED NUMBER OF PARKING GROUP OFF-STREET PARKING SPACES 1 . . . . . . . .One (1) space for each dwelling unit. 2. . . . . . . .One and one-half (1 1/2) spaces for each dwelling unit. 3 . . . . . . . .Two (2) spaces for each dwelling unit. 4. . . . . . . .Two (2) spaces for each trailer unit. 53 Sec. 30-27 . PARKING GROUP TABLE REQUIRED NUMBER OF PARKING GROUP OFF-STREET PARKING SPACES 5 . . . . . . . .One (1 ) space for each trailer space. 6 . . . . . . . .Four (4 ) spaces for each five (5 ) employees on the largest shift/or one (1 ) space per 600 square feet of gross floor area, whichever is greater. There shall at least be a minimum of two (2 ) spaces. 7 . . . . . . . .Three (3 ) spaces for each five (5 ) employees on largest shift, or one (1 ) space per 600 square feet of gross floor area. 8 . . . . . . . .Four (4 ) spaces for each five (5) employees on largest shift, or one (1 ) space per 1 ,000 square feet of gross floor area, whichever is greater. 9 . . . . . . . .One (1 ) space for each employees plus three (3 ) reservoir spaces for each washing stall. 10. . . . . . . .One (1 ) space for each employee plus five (5 ) reservoir spaces per washing conveyor. 11 . . . . . . . .One (1 ) space for each employee plus one (1 ) space for each bay. 12. . . . . . . .One (1 ) space for each 100 square feet of gross floor area. 13. . . . . . . .One (1 ) space for each 200 square feet of gross floor area. 14. . . . . . . .one (1 ) space for each 300 square feet of gross floor area. 15. . . . . . . .One (1 ) space for each 500 square feet of gross floor area. 16. . . . . . . .One (1 ) space for each 1 ,000 square feet of gross floor area. 17. . . . . . . .One (1 ) space for each 300 square feet of gross floor area or one space for each forty (40) square feet of auditorium, whichever is greater. 18. . . . . . . .one (1 ) space for each four (4) seats in largest auditorium, or one (1) space for each 800 square feet of gross floor area, whichever is larger. 19. . . . . . . .One (1 ) space for each 400 square feet of gross floor area, minimum of five (5 ) spaces. 54 Sec. 30-27 . REQUIRED NUMBER OF PARKING GROUP OFF-STREET PARKING SPACES 20. . . . . . . .One (1 ) space for each 1 ,000 square feet of non-office floor area plus one (1 ) space for each 300 square feet of office area 21 . . . . . . . .One (1 ) space for each fifty (50) square feet of gross floor area (a minimum of fifteen (15) spaces) plus a five (5 ) space reservoir. 22. . . . . . . .One (1 ) space for each 1 ,000 square feet of lot area. 23. . . . . . . .One (1 ) space for each 2,000 square feet of lot area. 24. . . . . . . .one (1 ) space for each 5,000 square feet of lot area. 25. . . . . . . .One (1 ) space for each four (4 ) seats. 26. . . . . . . .one (1 ) space for each four (4 ) seats or one (1 ) space for each fifty (50) square feet of customer service area, whichever is greater. 27. . . . . . . .One (1 ) space for each two (2 ) occupants . 28. . . . . . . .one (1 ) space for each one and one-half (1 1/2) beds . 29. . . . . . . .One (1 ) space for each three (3 ) beds . 30. . . . . . . .One (1 ) space for each teacher and staff person. 31 . . . . . . . .One (1 ) space for each four (4 ) students. 32. . . . . . . .Four (4 ) spaces for each alley. 33 . . . . . . . .Fifty (50) spaces for each nine (9) holes. 34. . . . . . . .one (1 ) space for each driving tee. 35. . . . . . . .Fifteen (15) spaces for each nine (9 ) holes. 36. . . . . . . .Four (4 ) spaces for each court. 37. . . . . . . .Two (2 ) spaces for each 100 square feet of water area. 38. . . . . . . .one (1 ) space for each bay plus one (1 ) space for each pump island, minimum of six (6) spaces . 39. . . . . . . .One (1 ) space for each six (6) machines . 40. . . . . . . .one (1 ) space for each employee. 41. . . . . . . .To be determined by Director of Transportation. 7 ) The design and dimensions of off-street parking areas shall be in accordance with the following table of minimum dimensions . Minimum stall widths shall be nine feet, except for residential and all day office parking which may utilize stalls eight and 55 Sec. 30-27 . one-half (8 1/2) feet in width, provided that minimum aisle widths are increased by one (1 ) foot. In addition, the dimensions of up to twenty (20) percent of the total number of off-street parking spaces may be reduced to eight (8) feet in width and sixteen (16) feet in depth to accommodate compact automobiles. All dimensions below are in feet. Angle (Degrees) 00 300 450 60° 900 Stall, Parallel to Aisle 23.0 18 .0 12.7 10.4 9 .0 Stall, Perpendicular to Aisle 9.0 16.5 19 .0 20.0 18.0 Aisle Width, One-Way 12.0 12.0 12.0 16.0 24.0 Aisle Width, Two-Way 22.0 22.0 22.0 24.0 24.0 Cross Aisle, One-Way 11.0 11.0 11.0 11.0 11.0 Cross Aisle, Two-Way 22.0 22.0 22.0 22.0 22.0 8 ) Off-street parking spaces shall be clearly marked according to the standard stall layout on file in the office of the Urban Transportation Department. Parking spaces abutting an adjoining property line or street right-of-way shall be provided with wheel guards or bumper guards so located that no part of a normally parked vehicle will extend beyond the property line. When wheel guards are used, they shall be centered 2 .5 feet from the property line for 90 degree parking, 2 .3 feet for 60 degree parking, and 2 .0 feet for 45 degree and 30 degree parking. 9 ) Approval of the parking area layout and design of all off-street parking areas shall be by the Director of Urban Transportation. The Director of Urban Transportation shall determine that spaces provided are usable, and that the circulation pattern of the area is adequate. 10) Buildings and land uses within the Central Business District shall be exempt from requirements to provide off-street parking; provided that when off-street parking is furnished, it shall be approved by the Director of Urban Transportation. 11) Pedestrian access to buildings shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one public entrance. Such pathway shall be cleared of all obstructions related to 56 Sec. 30-27 . construction activity prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and sidewalk surface, inclined curb approaches or curbcuts having a gradient of not more than one (1 ) foot in twelve (12) feet and width of not less than four (4 ) feet shall be provided for access by wheelchairs. A parking lot servicing each entrance pathway shall have a number of level parking spaces, as set forth in the following table, identified by above-grade signs as being reserved for physically handicapped persons; provided that a maximum of two (2 ) handicapped spaces shall be required for industrial uses in industrial districts. Each parking space so reserved shall be not less than twelve feet (12' ) in width. PARKING SPACES FOR THE HANDICAPPED Required Number of Total Spaces in Lot Reserved Spaces up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2% of total over 1000 20 plus 1 for each 100 over 1000 Parking spaces for the physically handicapped shall be located as close as possible to elevators , ramps, walkways and entrances . Parking spaces for the physically handicapped shall be located so that such persons are not compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and elevators . 12) Bonus for Landscaping of Off-Street Parking Facilities . The minimum off-street parking requirements shall be reduced up to a maximum of ten (10) percent of the requirement for 57 Sec . 30-27 . those parking facilities designed to accommodate twenty (20) or more vehicles where a percent of the total parking area has been retained and developed as landscaped open space area. The percent of the landscaped open space area shall determine the maximum percent reduction which will be permitted in the total number of off-street parking spaces. B . Off-Street Loading Regulations : The intent of this section is to ensure that an adequate off-street loading area is provided with the construction, alteration, or change of use of any business building or structure, or with any change in land use. 1 ) The owner and the occupier of any property upon which a business is located shall provide loading and unloading areas of sufficient number and facility to accommodate on such business premises all vehicles that will be reasonably expected to simultaneously deliver or receive materials or merchandise, and of sufficient size to accommodate all types of vehicles that will be reasonably expected to engage in such loading or unloading activities. 2) Any person desiring a building permit for the construction, alteration, or change of use of the land or any business building or structure shall submit a plot plan to the Building Official designating the number, dimensions and locations of all loading areas and all proposed avenues of ingress and egress to the property from adjacent public thoroughfares . The Building Official shall not issue such permit if it is determined that the proposed loading and unloading facilities will present a direct or indirect hazard to vehicular or pedestrian traffic. 3) Buildings and land uses within the CBD, Central Business District, and the PD, Port Development District, shall be exempt from the off-street loading requirements of this Chapter unless, in the CBD, Central Business District, an owner or occupier of business property elects to provide off-street loading facilities, in which event, such facilities shall be approved as provided in these regulations. 58 Sec. 30-28. Sign Regulations. A. Permit Requirements : No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached, or painted until a building permit has been approved by the Chief Building Inspector in accordance with the requirements of this chapter and the Southern Standard Building Code. B . Signs in Residential Districts : Signs shall not be permitted in residential districts except as specifically authorized in this Section. 1 ) One detached owner-identification sign shall be permitted for a multiple-family dwelling development or institutional building for each abutting street, subject to the following restrictions : a) The sign shall not exceed twenty (20) square feet in area; b) The sign shall not exceed fifteen (15) feet in height; c) The sign shall not be lighted except by reflective flood-light type illuminates; d) The sign shall be located a minimum of twenty-five (25) feet from any property line; e) The sign shall meet the wind load requirements of the Building Code. 2) One attached owner-identification sign for a multiple-family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street abutting the development subject to the following restrictions : a) The sign shall not exceed the height of the wall of the building to which it is attached; b) The sign shall not be lighted except by reflective flood-light type illumination; c) The sign shall not exceed forty (40) square feet in area. 59 Sec. 30-28 . 3) One (1 ) detached owner-identification sign shall be permitted for a commercial use with a Specific Use Permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions : a) The sign is included in the site plan approved in the Specific Use Permit; b) The sign shall not exceed forty (40) square feet in area; c) The sign does not exceed fifteen (15) feet in height; d) The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner; e) The sign shall not be located in any required yard; f) The sign shall meet the wind load requirements in the Building Code. 4 ) One (1 ) attached owner-identification sign shall be permitted for a commercial use in the RCR, Residential Conservation and Revitalization District, for each street abutting the lot upon which the use is located, subject to the following restrictions : a) The sign shall be attached flat against the wall of a building; b) The sign shall not exceed the height of the wall of the building to which it is attached; c) The sign shall not exceed forty (40) square feet in area; d) The sign shall not have flashing lights or any type of intermittent illumination. C . Owner-Identification Signs in Commercial and Industrial Districts : Signs shall not be permitted in commercial or industrial districts except as specifically authorized in this section. 60 Sec . 30-28 . 1) 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 in the NC, Neighborhood Commercial District, and the OP, Office Park District, subject to the following conditions and restrictions : a) The sign shall not exceed forty (40) square feet in area; b) The sign shall not exceed fifteen (15 ) feet in height; c) The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner; d) The sign shall not be located in any required yard; e) The sign shall meet the wind load requirements in the Building Code. 2) One (1) attached owner-identification wall sign, and plus one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, subject to the following restrictions . a) The sign shall be attached flat against the wall of a building; b) The sign shall not exceed the height of of the wall of the building to which it it is attached; c) The sign shall not exceed forty (40) square feet in area; d) The sign shall not have flashing lights or any type of intermittent illumination. 3 ) Owner identification signs shall be permitted for establishments located in NSC, CSC, GC-MD, C-M, L-I, H-I Districts; provided that such signs shall not be greater than fifty (50) feet in height above the crown of the adjacent street toward which it is oriented, and provided further that the structural supports for such signs shall 61 Sec . 30-28 be set back not less than ten (10) feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. Where a structure existing at the effective date of this Chapter 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. There shall be no restrictions or limitations on on-premise owner identification signs in the CBD, Central Business District, or the PD, Port Development District . Owner identification signs shall be permitted in PUD, Planned Unit Development District, with the location, height and number thereof being determined in accordance with the sign regulations for the zoning district which permits the designated use of the property. 4) Prohibition: Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts. D. Advertising Signs : Advertising signs are permitted in NSC, CSC, GC-MD, CBD, C-M, LI and HI Districts subject to the following restrictions : 1) Area: The dimensions of any advertising sign shall not exceed fourteen feet (141 ) by forty- eight feet (481 ) , excluding cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed 20% of the area of the sign, excluding extensions and apron trim without copy. 2 ) Height: Advertising signs shall not be greater than forty feet (401 ) in height as measured from the crown of the adjacent roadway to which the sign is oriented; provided that the Board of Adjustment may grant a variance for a sign not to exceed fifty feet (50' ) in height when, in its judgment, the sign will at a lower height, block an existing sign or structure from view or be so blocked from view. 3 ) Setbacks : An advertising sign shall be setback not less than twenty-five (25) feet from the right-of-way of the street to which the sign is oriented or from any property line. 4) Spacing: No advertising sign shall be located nearer than five hundred feet (500' ) to any other advertising sign on the same side of the street 62 Sec. 30-28 . on a federal aid or primary or interstate highway and three hundred feet (300' ) on any other street. 5) Traffic Control Conflicts : No advertising shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign. 6) Illumination: Advertising signs may be illuminated only by indirect lighting subject to the following conditions : a) Signs which contain, include, or are illuminated by flashing, intermittent, or moving light or lights are prohibited; provided that signs giving public service information such as, but not limited to, time, date, temperature, weather, or similar information, shall be permitted. b) Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision. 7) Motion: Advertising signs shall not revolve or rotate. Slow and continuous internal motion and movement of a portion of the sign shall be permitted. 8) Roof Mounted Sign: Roof mounted advertising signs are prohibited. 9) Structure : Advertising signs shall be constructed in accordance with the Building Code and Electrical Code. Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot. 10) Maintenance : Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weed, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris 63 Sec. 30-28. and litter. Signs shall be reposted regularly , and torn or ragged posters shall be repaired or covered promptly . 11) Prohibition: An outdoor advertising sign shall not be placed within three hundred (300) feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall, or public museum and which has its principal frontage on the same street as the sign. E. Exemptions : The following signs are exempted from the permit requirements of this section: 1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s ) , display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase occurs with respect to either the area of any such sign or the manner in which it is structurally supported. 2) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business. 3 ) Name plate and street address signs. 4) Weather flags. 5) Non-illuminated real estate signs, temporary in nature, not exceeding more than eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property. 6) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one (1) sign for each street abutting the premises. 7) Window signs. 64 Sec. 30-28 . 8) Temporary decorative flags . g) Warning, security, and permitted directional signs. 10 ) Political signs. 11) All signs not visible from off the property. 12) Signs in the PD, Port Development District, and the CBD, Central Business District. F . Prohibited Signs : No sign shall be attached or applied to trees, utility poles or trash recepticles or located within any public right-of- way . Portable signs with flashing lights or intermittent illumination shall be prohibited. G. Continuation and Discontinuation of Nonconforming Signs : All nonconforming permanent signs, legally existing on the effective date of this Chapter, may continue to exist; provided that signs which are fifty percent (50%) or more structurally deteriorated shall be either removed or altered so as to comply with this Chapter. Signs which are nonconforming because they have flashing lights or intermittent illumination shall be given thirty (30) days from the date of the adoption of this Ordinance to be brought into compliance with this Ordinance. H. Licensing and Bonding Requirements : Signs shall not be located, constructed, erected, altered, attached, posted, or painted, except by a licensed and bonded sign contractor or by regular employees of the company for which the sign is located, constructed, erected, altered, attached, posted or painted. I. Maintenance : All signs shall be maintained in good appearance and safe structural condition. Sec . 30-29 . Planned Unit Development Standards and Requirements. A . General Plan: Prior to the issuance of a Specific Use Permit or any building permit for property located in a PUD, Planned Unit Development District, a general land use and density plan must be submitted to the Planning Commission. The plan shall include a schematic land use plan identifying proposed general uses, densities, major open spaces, circulation and 65 Sec . 30-29. access features, and a statement indicating proposed phasing of development and the projected timing of each phase. The planning Commission shall forward the plan with its recommendation to the City Council. The City Council shall not approve a general plan which has not been recommended by the Planning Commission except by favorable vote of three-fourths (3/4) of all the members of the City Council. The applicant shall pay a processing fee of One Hundred ($100) Dollars. Advertisement and public hearings shall be held by the Planning Commission and City Council in accordance with the notification procedure set forth for a rezoning application. B . Size : A PUD, Planned Unit Development District, may be authorized only on sites containing five (5 ) or more acres of land. However, sites less than five (5 ) acres will be considered on merit with a Specific Use Permit. C . Cluster Housing: If the proposed development contains cluster housing, the minimum standards and requirements set forth for cluster unit housing developments set forth in Section 30-33, B. of this Chapter shall apply . D. Height and Peripheral Yard Requirements : 1) Height. Structure and buildings located in a Planned Unit Development District shall not exceed thirty-five (35) feet, without specific authorization and approval from the City Council. 2) Yards : All buildings and structures shall be setback not less than twenty-five (25) feet from any peripheral property line or street right-of-way. Sec. 30-30 . Nonconforming Buildings, Structures and Uses of Land. A . Continuing Existing Nonconforming Buildings, Structures, and Uses of Land: Except as hereinafter specified, any use, building or structure lawfully existing on the effective date of this Chapter may be continued. B . Limitations on Nonconforming Uses : Lawful nonconforming uses shall be subject to the following limitations : 66 Sec. 30-30 . 1) The use of land which is a lawful nonconforming use may be continued until such time as a structure is erected thereon, and thereafter the use of land and buildings shall conform with all the provisions of this Chapter. 2) Any building, structure or land which is occupied or used as a lawful nonconforming use which shall become vacant or unused for a continuous period of one (1) year shall not thereafter be occupied or used except for a use which conforms to the use regulations of the district in which it is located. Provided, however, that nonconforming field crops may be reestablished when the land has been unused for a period of time not exceeding three (3 ) years. 3 ) A lawful nonconforming use may be changed to another nonconforming use of a more restrictive use classification. 4) Whenever a lawful nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use. 5) Expansion, enlargement or intensification of a lawful nonconforming use shall not be permitted unless such expansion, enlargement or intensification, when considered independently of the lawful nonconforming use, is made to conform to the regulations of the district in which it is located. 6) A building or structure occupied or used by a lawful nonconforming use shall not be enlarged, extended or structurally altered unless the use occupying or using such enlargement, extension or alteration, when considered independently of the lawful nonconforming use, is made to conform to the regulations of the district in which it is located. 7 ) Repairs and maintenance work on a building or structure that is occupied or used by a lawful nonconforming use may be made, provided that no structural alterations shall be made except as required by law . 67 Sec. 30-30 . 8) When a building or structure occupied or used by a nonconforming use is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds sixty percent (60%) of the replacement cost of the structure, such nonconforming use shall no longer be permitted. C. Limitations on Nonconforming Buildings : The following limitations, restrictions and requirements shall apply to lawful nonconforming buildings and structures : 1) A lawful nonconforming building or structure occupied or used by a nonconforming use shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located. 2) A lawful nonconforming building or structure occupied or used by a permitted use, may be enlarged or added to provided that the enlargement or addition, when considered independently of the original building or structure, complies with the yard and height regulations and the off-street parking requirements for the use of said building or structure. 3) No nonconforming building or structure shall be moved in whole or in part to another location on the lot on which it is located unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located. 4) A lawful nonconforming building or structure that is damaged by fire, explosion, act of God or other calamity may be repaired and reconstructed provided there is no increase whatsoever in the degree or extent of the previously existing nonconformity. 5) A conforming building shall not be changed to a use which would result in the building becoming nonconforming. 68 Sec . 30-30 . D. Exemptions : 1) The limitations and restrictions of this section shall not apply to any residential use existing at the time of the adoption of this Ordinance. 2) The limitations and restrictions of this section shall not apply to conforming uses lawfully existing at the time of the adoption of this Ordinance when the use has been changed in the district from a permitted use to a use permitted with a Specific Use Permit. 3) Conforming uses in the RCR District which require a Specific Use Permit may be changed to another use requiring a Specific Use Permit in said district without having to obtain a Specific Use Permit, providing there is no structural alteration or enlargement of the building or any expansion in the parking area or the floor area of the building or any expansion in the parking area or the floor area of the building or property that is used. Sec. 30-31 . Landscaping and Screening Requirements. A . Purpose : The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the community. B . Perimeter Landscaping and Screening: 1 ) When a commercial or industrial use is established on a lot or premise located adjacent to any residential zoning district, or when any multiple family dwelling use is established on a lot or premise adjacent to any property located in a single-family residential zoning district, a ten (10) foot in width landscaping open space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial 69 Sec. 30-31 . or industrial property between it and the adjacent residentially zoned property. In addition, an eight (8 ) foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be a wood or masonary diagonal, horizontal or vertical stockade type privacy fence although the framing may be metal. The provisions of this paragraph shall not apply where districts are separated by a public street, railroad right-of-way, drainage ditch, or canal with a minimum easement of thirty (30) feet. 2) In an open space buffer strip required under the terms of this section, not less than one (1) tree shall be planted and maintained for each twenty-five (25) lineal feet or portion thereof of said open space buffer strip. Each tree shall be not less than six (6) feet in height immediately upon planting and shall have a caliper of not less than two (2 ) inches measured eighteen (18) inches from the ground. C . Off-Street Parking Landscaping: The owner, tenant, and/or agent of an off-street parking area for any use which accommodates more than twenty (20) automobiles or vehicles shall be required to provide a minimum total landscaped open space area equal to not less than five (5 ) percent of the total area of all parking spaces and drives in the parking area. A minimum of one (1 ) tree shall be planted and maintained for each two-hundred and fifty (2 50) square feet or portion thereof of landscaped open space area. Such trees shall be a minimum of six (6) feet in height immediately upon planting and have a two (2) inch caliper measured eighteen (18) inches from the ground. D. Landscaping Bonus Provisions : 1 . The required minimum front yard for development in GC-MD Districts and for multi-family housing in RM-M and RM-H Districts shall be reduced to fifteen (15) feet when a landscaped open space strip is provided on both the first ten (10) feet of the required front yard and the property located between the paved or curbed portion or sidewalk of the adjacent street right-of-way and the front yard property line. 70 Sec . 30-31 . The landscaping strip shall not be used for parking but can be crossed with driveways providing direct ingress and egress to the development that have been approved by the Planning Director of his designate. 2 . A density bonus in excess of the maximum permitted density shall be permitted in RM-M and RM-H Districts when a ten (10) foot landscaped open space buffer strip is provided between multi-family development and all single-family zoned property. The density bonus shall be calculated as follows: a) In RM-M Districts an additional one (1 ) dwelling unit shall be permitted for each one-hundred (100) lineal feet or fraction in excess of fifty (50) lineal feet of qualifying landscaped buffer strip. b) In RM-H Districts an additional two (2) dwelling units shall be permitted for each one-hundred (100) lineal feet or fraction in excess of fifty (50) lineal feet of qualifying landscaped buffer strip. E . Installation and Maintenance : The owner, tenant and agent, if any, shall be jointly and severally responsible for installing and maintaining all landscaping in a healthy, neat, and orderly condition, and replacing it when necessary. F. Curbing: Curbing or other protective devices or barrier shall be installed to protect landscaped open space buffer strips from vehicular encroachment. No automobile or other type of vehicle shall be driven on any landscaped open space buffer strip required by this section. Sec . 30-32 . Performance Standards . A . Compliance Required: Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area 71 Sec. 30-32 . or adjoining premises. Permitted uses as set forth in this Ordinance shall be undertaken and maintained only if they conform to the regulations of the section. B. Performance Standard Regulations : The following standards shall apply in the various zoning districts as indicated: 1) Exterior Noise: The following noise standards, unless otherwise specifically indicated, shall apply to all property within the City of Beaumont: a) For noise emanating from a facility on property located within any residential zoning district, the allowable noise level shall be as follows: Allowable Exterior Time Interval Noise Level 10 : 00 p.m. to 7 : 00 a.m. 50 dB(A) 7 : 00 a.m. to 10 :00 p.m. 55 dB(A) b) For noise emanating from a facility on property located within any commercial zoning district, the allowable noise level shall be as follows: Allowable Exterior Time Interval Noise Level 10 : 00 p.m. to 7 : 00 a.m. 65 dB(A) 7 : 00 a.m. to 10 :00 p.m. 70 dB(A) c) For noise emanating from a facility on property located within the Light Industrial zoning district, the allowable noise level shall be 75 dB(A) . d) For noise emanating from a facility on property located within the Heavy Industrial zoning district, the allowable noise level shall be 85 dB(A) . e) Noise emanating from property within any zoning district may exceed: 1) The allowable noise level plus up to five (5 ) dB(A) for a cumulative period of no more than thirty (30) minutes in any hour; or 72 Sec . 30-32. 2) The allowable noise level plus six (6) to ten (10) dB(A) for a cumulative period of fifteen (15) minutes in any hour; or 3 ) The allowable noise level plus eleven (11) to fifteen (15) dB(A) for a cumulative period of five (5 ) minutes in any hour; or 4) The allowable noise level plus sixteen (16 ) dB(A) or more for a cumulative period of one (1) minute in any hour. f) In the event the ambient noise level exceeds the allowable noise levels in subparagraphs (b) , (c) , and (d) above, the allowable noise level for the property in question shall be increased to equal the maximum ambient noise level. g) For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included: 1) Noises not directly under the control of the property owner, lessor, or operator of the premises. 2) Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7 :00 a.m. and 8 : 00 p.m. 3 ) Noises of safety signals, warning devices and emergency pressure relief valves. 4) Transient noise of mobile sources, including automobiles, trucks, airplanes, and railroads . 5 ) Activities conducted on public parks, playgrounds and public or private schools . 6) Occasional outdoor gatherings, public dances, shows and sporting and 73 Sec. 30-32 . entertainment events provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events. 7) Air conditioning or refrigeration systems or associated equipment. h) For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district. i) For the purpose of determining compliance with the foregoing subparagraphs (c) through (f) , and with regard to noise emanating from property already zoned industrial at the time this Ordinance is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this Ordinance is enacted. 2) Vibration: No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with regard to vibration generated from any property already zoned industrial at the time this ordinance is enacted, vibration is to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this Ordinance is enacted. 3 ) Glare: Primary and secondary glare (both direct and reflective glare) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way . Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. 74 Sec . 30-32 . Welding, new construction and repairs of facilities shall be exempt from these regulations . Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations . 4) Particulate Air Contaminants : No emissions, dust, fumes, vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the Texas Air Control Board and the Environmental Protection Agency. C . Exceptions From Performance Standards : The owner or operator of any building, structure, operation or use which violates any performance standard may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The Board of Adjustment may grant exceptions with respect to time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this Section of the Ordinance. In its determinations, the Board of Adjustment shall consider the following: 1 ) The magnitude of the nuisance caused by the violation. 2) The uses of property within the area of impingement by the violation. 3 ) The time factors related to study, design, financing and construction of remedial work. 4) The economic factors related to age and useful life of the equipment. 5) The general public interest, welfare and safety. D. Exemptions : The provisions of this section shall not apply to industrial uses, or expansions thereof upon adjacent property, which exist within the City on the effective date of this Ordinance. 75 Sec . 30-33 . g) Development Phases . A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space. h) Co-owner' s Association and Assessments . A co-owner' s association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities and private streets and approved by the City Attorney. There shall be a declaration creating an association of co-owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word "owner" shall mean the record owner, whether one or more persons or other entities, of a fee simple title to any lot or other unit which is a part of the development, including sellers under contract for deed, but excluding those having such interest as a security for the performance of an obligation. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments and maintenance fees . (1) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extra- ordinary maintenance and repair of all private streets within the 77 Sec. 30-33 . development. The word "street" as used in the subsection shall mean all paved or unpaved roads open to all owners of the development, so designated on the plat of the development, as distinguished from private driveways leading into one or more lot or other unit. (2) Utility, water and sewer assessments. A monthly assessment for each owner' s pro rata share of the monthly utilities which may be metered or sold to the development as a unit, provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment hereinabove provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the development, as distinguished from lines which serve only one or more units . Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the City of Beaumont, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required. (3 ) Maintenance of common open space. The applicant shall also submit a scheme, subject to the approval of 78 Sec. 30-33 . the City Council, for assuring continued retention and perpetual maintenance of common green areas for as long as a time as the development exists . The approved documents embodying restrictive covenants, deed restrictions, or other methods of giving such assurance shall be filed for record in the County Clerk' s office at such times as the Commission or Council directs. 2 ) Adult Uses : The following special standards and regulations shall apply for adult bookstores and adult motion picture theaters and other adult uses such as massage parlors and nude modeling or photography studios. An adult bookstore is any establishment which has any portion of its stock in trade, books, magazines, and other periodicals which under the laws of the State of Texas excludes minors by virtue of age. An adult motion picture theater is any premises in which motion pictures, slides or similar photographic reproductions are shown on a regular basis and which, under the laws of the State of Texas, exclude minors by virtue of age. It is recognized that such adult uses because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated close together, that produce or result in a deleterious effect upon adjacent areas and the surrounding neighborhood. The following special standards are necessary to insure that these adverse effects will not contribute to the blighting or downgrading of adjacent property and the surrounding neighborhood. a) An adult use shall not be located within five hundred (500) feet of the district boundary line of any residential zoning district. b) An adult use shall not be established or expanded within three hundred (300) feet of any other adult bookstore, adult theater, bar, pool hall, or liquor store. 79 Sec. 30-33 . c) An adult use shall not be established or expanded within one thousand (1,000) feet of the property line of a church, school, public park or other recreational facility where minors congregate. 3 ) Swimming Pool : Exception for private recreation facilities under (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 and pump and filter installations 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 . 4 ) Mobile Home : A mobile home shall be permitted only in a mobile home park or a mobile home subdivision. 5) Garage Apartments : Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements that are permitted. 6) Servant' s or Caretaker' s Quarters : Accessory dwellings are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space, and off-street parking requirements. 7) Accessory Buildings : An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected therewith by a breezeway or similar structure. An accessory building attached to 80 Sec. 30-33 . the main building shall be made structurally a part and have a common wall with the principal building and shall comply in all respects with the requirements of this Ordinance applicable to the main building. 8) Private Recreation Facility: Private recreation facilities in residential districts shall for multi-family developments, subdivisions, or homeowners associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowner' s association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet ball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis for each four thousand (4,000) square feet of area devoted to recreational use with a minimum of four (4 ) spaces and a maximum of twenty (20) spaces. 9 ) Auto Repair Garage : Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions : a) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress; b) No spray painting may be done except in a building or room specially designed for that purpose; c) All other auto repairing, etc. shall be conducted within a building enclosed on at least three (3) sides. 81 Sec. 30-33 . 10) Temporary Batching Facility: Before a Specific Use Permit may be granted for a temporary batching facility, the City Council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two (2 ) miles of the plant. A Specific Use Permit may be granted for a period of not more than one hundred and eighty (180) days, and approval shall not be granted for the same location for not more than four (4) Specific Use Permits during any thirty (30) month period. Within thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition. 11) Restaurant: The sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places. 12) Offices : Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions. a) A minimum ten (10) foot landscaped open space buffer strip shall be provided along any property line which abuts a residential zoning district. b) A minimum twenty-five (25) foot landscaped open space area shall be provided in the required front yard and also in the side yard if the property is a corner lot. c) No parking spaces shall be located in the minimum front yard or side yard if the property is a corner lot, and driveways shall provide direct access to any parking areas. d) All lighting shall be so situated as not to reflect light on any residential property. 82 Sec. 30-33 . e) Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety (90) percent of the total lot area. f) Store front, show window, or display window effects shall notibe permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in professional or business office. 83 ARTICLE 4. ADMINISTRATION Sec. 30-34 . Enforcement, Violations and Penalties . A . Enforcement. The provisions of this Ordinance shall be administered and enforced by the City Manager. Each application for a building permit shall be accompanied by a site plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building and or structure to be erected, and such other information as may be necessary to provide for the enforcement of this Ordinance. B. Violations and Penalties . Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this Chapter or fails to comply with any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. Each day such a violation exists shall constitute a separate offense. C . Civil Remedies . In order to enforce the provisions of this Ordinance, the City Attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the City Manager. Sec. 30-35 . Issuance of Building Permits and Utility Service. No building permit for the construction of a building or structure upon any tract, parcel or premise shall be issued, and public utilities shall not be extended or connected to a building or structure unless the lot, tract, parcel or premise is: part of a plat of record, properly approved by the Planning Commission; a lot of record; or a lot split as set forth in Chapter 24 of the Code of Ordinances of the City of Beaumont. Sec. 30-36. Certificate of Occupancy and Compliance. No existing building or structure shall be changed in use, and no building or structure erected, enlarged or structurally altered after the effective date of this chapter, unless a Certificate of Occupancy and Compliance shall first have been issued by the Building Official of the City of Beaumont certifying 84 Sec . 30-36 . that the building and the proposed use of the building and premises comply with all building and fire codes and with the provisions of this Chapter. Sec . 30-37 . Board of Adjustment. A. Creation. There is hereby created a Board of Adjustment consisting of five (5 ) regular members and four (4 ) alternate members who shall serve in the absence of one or more regular members when requested to do so by the City Manager. Each member of the Board of Adjustment shall be appointed by the Mayor and confirmed by the City Council for a term of two years or until their successors are appointed and shall be removable for cause by the Mayor and City Council upon written charge and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the Board of Adjustment heretofore existing shall continue to serve as members of the Board until the terms for which they were originally appointed expire. Members of the Board shall serve without compensation. B. Proceedings . The Board of Adjustment shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Ordinance or statutes of the State of Texas. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses . All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. C . Appeal Process. Appeals to the Board can be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision 85 Sec . 30-37 . has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken. D. Stay of Proceeding. An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. E . General Powers. The Board shall have the following powers: 1 . To hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter. The Board must find the following in order to grant an appeal: a) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c) The decision of the Board must be such as will be in the best interest of the community and consistent with the spirit and interest of the City' s zoning laws. 2 . To hear and decide special exceptions to the terms of this Chapter. The term "special exception" shall mean a deviation from the requirements of the Zoning Ordinance, specifically enumerated herein, which shall 86 Sec . 30-37 . be granted only in the following instances, and then only when the Board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: a) To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruc- tion, extension, or enlargement does not prevent the return of the property to a conforming use. b) To deviate yard requirements in the following circumstances : 1 ) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4 ) or more lots in the same block do not meet the rear yard requirements of these regulations. 2) A yard exception on corner lots. 3 ) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. c) To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. 3 . To authorize upon appeal in specific cases such variance from the terms of this Chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said laws will result in unnecessary 87 Sec. 30-37 . hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done. The term "variance" shall mean a deviation from the literal provisions of the Zoning Ordinance which is granted by by the Board when strict conformity to the Zoning Ordinance would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under Paragraph J hereof, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: a) That the granting of the variance will not be contrary to the public interest; and b) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner' s own actions; and c) That by granting the variance, the spirit of the Ordinance will be observed and substantial justice will be done. The applicant shall have the burden of proving to the Board that the foregoing conditions have been met. F . Use Variance Prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. G. Additional Conditions . The Board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. 88 Sec. 30-37. H. Revocation or Modification. A variance or special exception may be revoked or modified for any of the following reasons: 1 . That the variance or special exception was obtained or extended by fraud or deception. 2 . That one or more of the conditions imposed by the Board in granting such variance or special exception has not been complied with or has been violated. 3 . That the variance or special exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfare. An action to revoke or modify a previously granted variance or special exception may be initiated by order of the City Council, the City Manager, any member of t e Board, or the person who obtained the variance or special exception. The Board of Adjustment shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions . I. Notification and Hearing Process . Any request for an appeal, variance or special exception shall require a public hearing before the Board. Notice of said hearing shall be published at least one time in a newspaper of the City of Beaumont, at least ten (10) days prior to the day of the hearing. A written notice of the hearing shall be sent to owners of property situated within two hundred (200) feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the City and addressed to such owner at the address stated on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required. A processing fee of One Hundred ($100) Dollars shall be paid to the city in advance of the hearing. In the event the application is 89 Sec. 30-37 . withdrawn prior to the mailing of the required written notification or publication in the official newspaper, the fee shall be refunded. J. Action of the Board. The concurring vote of four ( members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. K. Appeal from Decision of Board. Any person aggrieved by any decision of the Board of Adjustment, or any officer, department or other board or commission of the City or the City Council, may appeal the decision or action of the Board of Adjustment by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the Board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional. L. Reapplication. No application for a variance, special exception, or appeal which has been denied shall be again filed earlier than one (1 ) year from the date of original denial. Sec. 30-38 . Planning Commission. A. Creation. The Planning Commission, created in accordance with Article XVII, Section 24, of the Charter of the City of Beaumont, shall have the duties and responsibilities of the Zoning Commission provided for in Article 1011f, Vernon' s Annotated Texas Statutes. The Planning Commission shall consist of nine (9) regular members and three (3) alternate members who shall serve in the absence of regular members, and who are resident citizens and qualified voters of the City. The members of the Planning Commission shall be appointed by the City Council for three (3 ) year terms or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The 90 Sec. 30-38. members of the Planning Commission existing on the effective date of this Chapter shall continue to serve as members of the Commission until the terms for which they were originally appointed expire. Members of the Commission shall serve without compensation. Failure of any regular or alternate member to attend a minimum of eighty (80) percent of all meetings and workshops of the Planning Commission during any calendar year shall result in automatic removal from membership on the Planning Commission. Excused absences which have been approved by the Chairman of the Planning Commission shall not be computed as an absence in calculating the percentage of attendance. B . Proceedings. The Planning Commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this Chapter or the laws of the State of Texas. All meetings of the Planning Commission shall be open to the public. Five (5 ) members of the Planning Commission shall constitute a quorum for the transaction of business. C . Powers and Duties . The Planning Commission shall have the following powers and duties : 1 . To make studies and project plans for the improvement of the City, with a view toward its future development and extension, and to recommend to the City Council all matters for the development and advancement of the City' s facilities, layout and appearance, and to perform all duties imposed upon the City Planning Commission by the statutes of the State. 2 . To make plans and maps of the whole or any portion of the City and of land outside the City located within five (5 ) miles of the City which, in the opinion of the Planning Commission, bears a relation to the planning of the City, and to make changes in, additions to and extensions of such plans or maps when it deems same advisable. 3 . To confer with and advise property owners pertaining to location and erection of structures in order to promote conformity to the overall City plan. 91 Sec. 30-38 . 4 . To aid and assist the City Council in the preparation of budgets and determination of sources of funds, and in the procuring of financial and other aid and assistance for the City from the State and Federal governments and their agencies, for each and all of the purposes herein enumerated. 5 . To assist all other municipal and governmental agencies, and especially the City Council, in formulating and executing proper plans of municipal development. 6 . To plan and recommend the location, plan, and extent of City alleyways, viaducts, bridges, subways, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewerage, sewage disposal, drainage, flood control, transportation, communication, marketing, and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings , facilities, or utilities. 7 . To select and recommend to the City Council routes of streets, avenues, and boulevards, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, boulevards, and alleys or the changing thereof to conform with the City' s system, present and future, of boulevards, streets, avenues, alleyways, parks and parkways. 8 . To investigate, consider and report to the City Council upon the layout or platting of new subdivisions of the City or of property situated within five (5 ) miles of the City limits, and to approve all plans, plats, or replats of additions within the City limits, or within five (5 ) miles of the City limits. 9 . To recommend to the City Council for adoption and promulgation rules and regulations governing plats and subdivision of land within the corporate limits of the City to 92 Sec. 30-38 . promote the health, safety, morals and general welfare of the community, and the safe, orderly and healthful development of such community. 10. To recommend plans to the City Council for improving, developing, expanding and beautifying the parks, parkways, bayous and streams, river front and yacht basins in or adjoining the city, and to cooperate with the City Council and other agencies of the City in devising, establishing, locating, improving, selecting, expanding and maintaining the public parks, parkways, playgrounds and places for public recreation. 11. To aid and assist the City Council by recommending plans for the development of civic centers . 12. To recommend the boundaries of the various districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the City Council and to perform all other duties and exercise all other powers conferred upon it by the statutes of the State. 13. To suggest plans for clearing the City of slums and blighted areas. C . Cooperation by Other Department Heads and Officials . All department heads and officials of the City shall be available to the Planning Commission for advice and consultation, and they shall cooperate with and render such services for the department of Planning as shall come within the scope of the duties of such department heads and officials . All such department heads and officials shall attend meetings of the Planning Commission upon the request of the City Planning Commission or its duly authorized official or officials. (Ord. of 4-2-46, Sec. 4) Sec . 30-39 . Historical Landmark Commission. A . Creation of Historical Landmark Commission. For the purpose of recommending Historical-Cultural 93 Sec. 30-39 . Landmark Preservation Districts and for the purpose of approving or making recommendations on the construction, alteration, reconstruction, demolition, or relocation of buildings and structures on sites located in H-C, Historical-Cultural Landmark Designation Districts, there is hereby created a Historical Landmark Commission. The Historical Landmark Commission shall be composed and appointed as follows: 1 . The Historical Landmark Commission shall consist of nine (9) members appointed by the City Council, including the following: a. One member shall be a member of the City Planning Commission. b. One member shall be a licensed architect. c. One member shall be a licensed attorney. d. One member shall be a professional historian. e. One member shall be a member of the Beaumont Heritage Society. f. One member of the Jefferson County Historical Commission. All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic and political history of Beaumont. 2 . The Historical Landmark Commission shall be appointed by resolution of the City Council, and shall serve for a period of three (3 ) years, except that of the nine (9) members first appointed, three (3 ) shall be appointed for a term of one (1) year, three (3 ) for a term of two (2 ) years, and three (3 ) for a term of three (3 ) years. Vacancies shall be filled for the remainder of the unexpired term of any member whose place becomes vacant for any cause. 3. Operational procedures shall be established by the Historical Landmark Commission as follows: 94 Sec. 30-39• a. The Historical Landmark Commission shall adopt rules to govern its proceedings; provided that its rules are not in conflict with this Ordinance, other ordinances of the City of Beaumont, or laws of the State of Texas. b. The Historical Landmark Commission shall elect a Chairman and Vice-Chairman from its membership. c. The Director of Planning of the City of Beaumont shall serve as Secretary for the Commission and shall be responsible for taking minutes of the Commission' s proceedings and filing them in the Office of the City Clerk. d. The Historical Landmark Commission shall meet on a monthly basis at an agreed upon specified time and place. Special meetings shall be called by the Commission Chairman or by three (3 ) Commission members. e. Five (5 ) members shall constitute a quorum, and all issues shall be decided by a simple majority vote of the members present and voting. f. Any appointed member of the Historical Landmark Commission who fails to attend at least eighty (80) percent of all such regular meetings during any twelve (12) month period shall lose membership on the Commission, unless such failure to attend was approved by the Landmark Commission . Verification of attendance shall be based exclusively on the minutes of each meeting as filed with the City Clerk. g. Notices of Commission meetings shall be governed by Article 6252-17, V.T.S. (Open Meetings Law) , all meetings shall be open to the public, and minutes shall be kept of all Commission proceedings. h. All Historical Landmark Commission public hearings on applications for Certificates of Appropriateness for exterior changes and on requests for the approval of demolitions or removals shall be noticed and advertised once by publication in a newspaper stating time, 95 Sec . 30-39 • date and place of public hearing thereon at least seven (7) days prior to the date on which such hearing is held. B . Function of the Historical Landmark Commission. The Historical Landmark Commission shall: 1 . Thoroughly familiarize itself with buildings , structures, sites, districts, areas, places and lands within the city which may be eligible for designation as Historical-Cultural Landmarks. 2 . Establish criteria and make recommendations to the Planning Commission and City Council for determining whether certain buildings, structures, sites, districts, areas, places and lands should be designated as Historical- Cultural Landmark Designation districts. 3 . Establish guidelines for review, approval or denial of all requests for Certificates of Appropriateness and Certificates of Demolition for buildings, structures and sites located in H-C, Historical-Cultural Landmark Designation Districts . 4 . Formulate plans and programs for public and private action for encouraging and promoting the preservation of historical-cultural landmarks. 5 . Suggest sources of funds for preservation and restoration activities and acquisitions, including federal, state, private, and foundation sources. 6 . Provide information and counselling to owners of historical-cultural landmarks. C . Historical-Cultural Landmark Preservation District Designation. The following procedure shall be followed in establishing an H-C, Historical-Cultural Landmark Preservation Overlay District: 1 . Application Process . An application for an H-C , Historical-Cultural Landmark Preservation Overlay District may be submitted by the owner, or by a representative who has the expressed written approval of the owner, or by the City 96 Sec. 30-39 . Manager. The public hearing and notification procedures for a rezoning request shall be followed; provided that an additional public hearing before the Historical Landmark Commission shall be required for an H-C, Historical Cultural Landmark Designation Overlay District, request. 2 . Historical Landmark Commission. The Historical Landmark Commission shall hold a public hearing within thirty (30) days of the filing of the zoning application. Notice of public hearing before the Historical Landmark Commission shall be given as provided for zoning hearings in Article 1011f, Vernon' s Annotated Texas Statutes. The recommendation of the Historical Landmark Commission shall be forwarded to the Planning Commission and City Council. 3 . Criteria to be Used in Designations . The Historical Landmark Commission, the Planning Commission, and the City Council shall consider, but not be limited to, one or more of the following criteria in establishing an H-C, Historical-Cultural Landmark Preservation District: a. Existing or proposed recognition as a National Historic Landmark, or Texas Historic Landmark, or entry or proposed entry into the National Register of Historic Places; b. Existence of distinguishing characteristics of an architectural type or specimen, or of the social, economic, or political heritage of the City; c . Identification as the work of a designer, architect, or builder whose work has influenced the growth or development of the City; d. Embodiment of elements of architectural design, detail, materials, or craftmanship which represent a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period; 97 Sec . 30-39 . e. Relationship to other buildings , structures, or places which are eligible for preservation as historic places. f. Exemplification of the cultural, economic, social, ethnic, or historical heritage of the City, County, State or Nation; g. Location as the site of a significant historical event; h. Listing in the S.P.A.R.E. Beaumont Survey; i. Identification with a person or persons who significantly contributed to the culture or development of the City, County, State or Nation; and j . A building, structure, or place that because of its location has become of historic or cultural value to a neighborhood or community. D. Certificates of Appropriateness . No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a building or structure located in an H-C, Historical-Cultural Landmark Preservation District, unless application has been made to the Historical Landmark Commission for a Certificate of Appropriateness and such a Certificate shall have been granted. The term "exterior architectural feature" shall include but not be limited to the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures . 1 . Application Procedure. Applications for Certificates of Appropriateness shall be made to and on a form furnished by the Secretary of the Commission, and shall include two (2 ) copies of all detailed plans, elevations, perspectives, specifications, and other necessary documents pertaining to the work. 2 . Public Hearing. Within thirty (30) days of The receipt of a completed application for a Certificate of Appropriateness, the Historical Landmark Commission shall hold a 98 Sec. 30-39 • public hearing. Public notice of such hearing, and the purpose thereof, shall be published in a newspaper one (1 ) time at least seven (7 ) days prior to the date scheduled for such hearing. 3 . Review . Upon review of the application in open meeting, the Historical Landmark Commission shall determine whether the proposed work is of a nature which will adversely affect any exterior architectural feature, and whether such work is appropriate and consistent with the spirit and intent of this Ordinance. The Historical Landmark Commission shall forward, through its Secretary, either a Certificate of Appropriateness or its written determination of disapproval, and the reasons therefor, to the applicant and the Building Official. If no action has been taken by the Commission within sixty (60) days of receipt of the application, a Certificate of a Appropriateness shall be deemed issued by the Historical Landmark Commission. 4 . Changes . No change shall be made in the plans on which a Certificate of Appropriateness was issued, without resubmittal to the Historical Landmark Commission and approval thereof in the same manner as provided above for processing the original application. 5 . Exemptions . Ordinary repair and maintenance which do not involve changes in architectural and historical style or value, general design, structural arrangement, type of building material, primary color or basic texture are exempt from the provisions of this section. E . Certificates of Demolition or Relocation. No person or entity other than a State, City, County, or Federal government fee simple owner, shall demolish or relocate any building or structure located in an H-C, Historical-Cultural Landmark Preservation District, unless Certificate of Demolition or Relocation has first been issued. 1 . Application Procedure. Applications for Certificates of Demolition or Relocation 99 Sec. 30-39 . shall be made to, and on a form furnished by, the Secretary of the Historical Landmark Commission. 2 . Public Hearing. Within thirty (30) days of the receipt of a completed application for a Certificate of Demolition or Relocation, the Historical Landmark Commission shall hold a public hearing. Public notice of such hearing, setting forth the date, time and place scheduled for such hearing, and the purpose thereof, shall be published in a newspaper one (1) time at least seven (7) days prior to the date scheduled for such hearing. Notice thereof shall also be mailed to all owners of real property within a two—hundred (200) foot radius of the subject property, such notice to be given not less than seven (7) days prior to the date set for hearing, to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. 3 . Review. In evaluating a request for a Certificate of Demolition or Relocation, the Historical Landmark Commission shall consider the following: its architectural or historical significance, the state of repair of the building or structure in question, the reasonableness of the cost of restoration or repair; the existing and/or potential usefulness of the property including economic usefulness; the effect that such removal or demolition will have upon buildings, structures, and places in the vicinity of the property in question; and all other factors it finds necessary and appropriate to carry out the intent of this Ordinance. If, based upon such considerations , the Historical Landmark Commission determines that the building or structure should not be demolished, this decision shall be forwarded to the City Council for review and final decision. If no action is taken by the Historical Landmark Commission within sixty (60) days of the receipt of a completed application, a Certificate of Demolition or Relocation shall be deemed issued. The City Council shall act upon a request for a Certificate of Demolition or Relocation 100 Sec. 30-39 . within thirty (30) days of the receipt of the application from the Historical Landmark Commission. 4 . Conditions for Approval. In granting a Certificate of Demolition or Relocation, the Historical Landmark Commission or the City Council must find that the interests of preserving historical values and the purposes and intent of this Ordinance will not be adversely affected by the requested demolition or removal, or that the interests will be best served by removal or relocation to another specified location. F . Omission of Necessary Repairs. Building and structures located in an H-C , Historical-Cultural Landmark Preservation District, shall be maintained so as to insure the exterior and interior structural soundness and integrity of the landmark and its exterior architectural features . 1 . Determination of Omission. If the Historical Landmark Commission determines that there are reasonable grounds to believe that a building or structure or an exterior architectural feature thereof is structurally unsound, the Commission shall notify the owner of record of the property and hold a public hearing to determine compliance with the provisions of this Ordinance. 2. Mandated Repairs. If, at the conclusion of the public hearing, the Historic Landmark Commission finds that the building or structure or its architectural features are structurally unsound or in immediate danger of becoming structurally unsound or in immediate danger of becoming structurally unsound, said Commission shall advise the property owner and direct repair of the property. The property owner shall satisfy the Commission, within ninety (90) days of the decision of said Commission, that all necessary repairs and maintenance to safeguard structural soundness and integrity have been carried out and completed. G. Appeals . Appeals from a decision of the Historical Landmark Commission or from the City 101 Sec. 30-39 . Council must be filed in District Court within thirty (30) days of said decision. Sec . 30-40 . Changes, Amendments, and Specific Use Permits. A . Authorization. The City Council may, from time to time, amend, supplement, or change by ordinance the boundaries of the zoning districts or the regulations herein established, or issue or revoke Specific Use Permits. B . Recommendation by Planning Commission. Before taking any action on any proposed amendment, supplement, change or a Specific Use Permit, the City Council shall submit the same to the Planning Commission for its recommendation and report. The Planning Commission shall hold a public hearing before submitting its recommendation and report to the City Council. C . Public Hearing and Notification Requirements . No regulation, restriction or zoning district boundary shall be amended, supplemented or changed and no Specific Use Permit approved or revoked until after a public hearing in relation thereto is held by the Planning Commission and City Council at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation in the City of Beaumont. The City Council may hold any public hearing jointly with any public hearing required to be held by the Planning Commission. Written notice of all public hearings before the Planning Commission and City Council on proposed changes in classification shall be sent to owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given, not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, with the United States Postal Service. D. Protest. The City Council shall not amend, supplement, change, modify or repeal any 102 Sec. 30-40 . regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) per cent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. E . Application Fee. Any person, firm or corporation applying for a change in the zoning district classification of any property or a Specific Use Permit shall be required to pay an application processing fee of One Hundred ($100) Dollars at the time of the filing of an application. In the event the application is withdrawn prior to the mailing of the required written notification or publication in a newspaper, the fee shall be refunded. F . Time for Action. The City Council must approve or deny a request for a Specific Use Permit within sixty (60) days of the filing of a complete application or the request shall be automatically approved. This time limit can be waived with the consent of the applicant. Section 2 . That if any section, subsection, sentence, clause or 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 3 . These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing regulations or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the municipality except as shall be expressly provided for in these regulations . 103 Section 4 . 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 Beaumont, Texas. Each day such a violation exists shall constitute a separate offense. Section 5 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only, save and except Ordinance Numbers 79-6, 79-51, and 81-15. Section 6 . This Ordinance shall be effective and shall be in full force and effect on and after April 1 , 1981. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10 day of 1981. - Mayor - 104