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HomeMy WebLinkAboutORD 03-098 ORDINANCE NO. 03-098 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND FEES FOR ZONE CHANGE AND SPECIFIC USE PERMIT APPLICATIONS AND VARIANCES AND SPECIAL EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Section 30-37(i), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: "Sec. 30-37. Board of Adjustment. (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 two hundred fifty dollars($250.00)shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification of publication in the official newspaper, the fee shall be refunded." Section 2. THAT Chapter 30, Section 30-39(d), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: "Sec. 30-39. Historic Landmark Commission. (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 the application has been made to the historic landmark commission for a certificate of appropriateness and such certificate shall have been granted. The applicant shall pay a fee of twenty dollars ($20.00) for the issuance of a certificate of appropriateness. 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." Section 3. THAT Chapter 30, Section 30-40(e), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: "Sec. 30-40. Changes, amendments, and specific use permits. (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 two hundred fifty dollars ($250.00) if the property involved is less than one-half( Y2)acre; four hundred fifty dollars ($450.00) if the property involved is greater than one-half (Y2) acre but less than five (5) acres; and six hundred fifty dollars ($650.00) if the property involved is greater than five (5) acres. The processing fees as established herein shall be paid 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.Any person, firm or corporation requesting an abandonment of city right-of-way or easements shall be required to pay an application processing fee of three hundred dollars ($300.00) at the time of such application. The fee for processing other requests under the other business category shall be one hundred dollars ($100.00), required at the time of application." Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. Section 7. This ordinance shall be effective from and after January 1, 2004. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9`h day of December, 2003. p - Mayor Evelyn M. Lord -