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HomeMy WebLinkAboutORD 93-69 r ORDINANCE NO. 4Q 4`7 ENTITLED AN ORDINANCE AMENDING, CHAPTER 30, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH REGULATIONS OF BED AND BREAKFAST FACILITIES AND ALLOWING SUCH FACILITIES IN CERTAIN ZONES WITH A SPECIFIC USE PERMIT;PROVIDINGFOR SEVERABILITY;PROVIDING REPEAL AND PROVIDING A PENALTY. BE ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30, Section 30-24 of the Code of Ordinances of the City of Beaumont specifically the Permitted Use Table be and the same is hereby amended to insert an unnumbered Permitted Primary Use after SIC Group 701 to be entitled "Bed and Breakfast Facilities" said facilities to be permitted facilities in the RS, RM-M, RM-H, RCR, GC-MD CBD, and PUD districts with a specific use permit. Bed and Breakfast facilities shall be in parking group 42 and will be regulated by special condition 22. Section 2. That Chapter 30, Section 30-27(6) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new parking group 42 to read as follows: Section 30-27 (6), Parking Group Table: Parking Group Required Number of Off-Street Parking Spaces 42 One (1) space for each guest bedroom and one (1) space for the owner, not to exceed seven (7) spaces. 1 Section 3. That Chapter 30, Section 30-33(b) be and the same is hereby amended to add a new special condition No. 22 to read as follows: 22. Bed and Breakfast Facility: a) General Purpose and Description - The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to Beaumont, but the income from such a facility provides incentives for maintaining Beaumont's older homes. This ordinance is enacted on the basis of the public policy that supports the City of Beaumont as a tourist destination of persons interested in the architectural and historic significance of the City's older residential structures. This ordinance focuses on the need to provide an incentive for owners of Beaumont's older homes to continue occupancy and maintenance of historic structures. b) Definition - An owner occupied private home built prior to 1950 and located within an historic district or awarded a HC-L designation and/or of historic significance which offers lodging for paying guests, which serves food to only those guests and which allows for limited social functions as regulated in this ordinance. c) Special Regulations for Bed and Breakfast Facilities: 1) Structure - The Bed and Breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in an historical district or awarded an HC-L designation and/or of historic significance. 2) Specific Use Permit Required - (a) A Specific Use Permit granted by City Council is required for the establishment of a Bed and Breakfast facility, the granting of which is provided for in the City of Beaumont Code of Ordinances (Section 30-40). (b) An application for a Specific Use Permit shall be filed with the Director of Planning, who shall prepare a report for review by 2 the Planning Commission and City Council. (c) Issuance of a Specific Use Permit by the City Council, after recommendation by the Planning Commission,is conditioned on whether the proposed Bed and Breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. (d) The Specific Use Permit for a Bed and Breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new Specific Use Permit prior to the continuation of use of the premises as a Bed and Breakfast facility. 3) Size - A Bed and Breakfast facility shall not be less than 2,500 sq. ft. in floor area. 4) Number of guest rooms - A maximum number of five (5) guest rooms is allowed. 5) Management - The facility shall be owner occupied. 6) Length of Stay - Maximum length of stay is limited to fourteen (14) consecutive days in any thirty (30) day period of time. The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests. 7) Signage - Signs shall be permitted upon approval of a building permit by the Chief Building Inspector and in accordance with the City of Beaumont Code of Ordinances (Sec. 30-28). In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size and consisting of the name of the establishment only, shall be permitted. The nameplate shall be non-illuminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house. 8) Parking - One (1) off street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with 3 the standards established in the City of Beaumont Code of Ordinances (Section 30-31). 9) Additions and Alterations - No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a Bed and Breakfast facility, other than those required to meet health, safety and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all Zoning Standards and Building Code requirements and must be approved by the Historic Landmark Commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance). 10) Other Uses - a) The sale and/or display of merchandise or other commodities is prohibited. b) Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty- four (24) events per year nor more than two (2) events per month. The Planning Division is to be notified of the functions taking place. Notification shall be filed with the Planning Division on a quarterly basis, indicating the type of function, the date, and the number of guests. City Council may restrict the number of social events based upon neighborhood compatibility, lack of parking facilities, traffic generation and/or traffic capacity of surrounding streets. 11) Health, Fire and Building Considerations - All Bed and Breakfast facilities shall meet all applicable local and state regulations. Section 3. 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 4 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 4. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of L"`2.x.2_.-711.4-k-c__. , 1993. �...... ` - Mayor - 5