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HomeMy WebLinkAboutORD 80-58 ORDINANCE N0. S10 �d ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW SECTION 30-24A; PROVIDING FOR SPECIFIC USE PERMITS FOR EXISTING CEMETERY EXPANSION; ESTABLISHING CONDITIONS FOR THE ISSUANCE OF SUCH PERMITS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL ; PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 30 of the Code of Ordinances of the City of Beaumont be amended by adding a new Section 30-24A to read as follows : Section 30-24A. Cemeteries - Expansion. A . No existing cemetery , as such term is defined in Article 912a-1 , Vernon's Annotated Texas Statutes , shall be expanded except in compliance with the terms of this section. B . Where cemeteries have heretofore been established used , and maintained in compliance with applicable statutes and ordinances, and additional lands are required for cemetery purposes, land which is physically adjacent to said cemetery may be used as an addition to such cemetery subject to a specific use permit granted to the applicant pursuant to Section 30-20 hereof, and subject further to the following conditions : (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor will significiantly 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 road, drainage and other necessary supporting facilities have been or will be provided; (4 ) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use; (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offense odor, fumes, dust, noise and vibration; (6) Any other conditions reasonably necessary to protect the public interest and welfare of the community as a whole. 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 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1980. Mayor - 2 -