HomeMy WebLinkAboutORD 95-50 1
ORDINANCE NO. 'S-4--6
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SECTION 30-21.2, OF THE CODE ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30, Section 30-21.2 of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
Sec. 30-21.2 Historic-Cultural Landmark Preservation Overlay District
(a) Definitions. Unless the context clearly indicates otherwise, in
this Ordinance:
(1) BLOCKFACE means all of the lots on one (1) side of a
block.
(2) CERTIFICATE OF APPROPRIATENESS means a
certificate issued by the City to authorize the alteration
of the physical character of real property in a district, or
any portion of the exterior of a structure on the
property, or the placement, construction, alteration,
non-routine maintenance, expansion, or removal of any
structure on or from the property.
(3) COLUMN means the entire column including the base
and capital, if any.
(4) CONTRIBUTING STRUCTURE means a structure
which physically or historically contributes to the
historic value of an historic district.
(5) CORNER SIDE FACADE means the main building
facade facing the side street.
(6) DIRECTOR means the Director of the Planning Division
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or his/her representative.
(7) EDUCATIONAL LAND USES ( see INSTITUTIONAL
LAND USES)
(8) EXTERIOR ARCHITECTURAL FEATURE means, but
shall 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.
(9) FLUORESCENT COLOR means colors defined
(Munsell Book of Color) as having a minimum chroma
value of eight (8) and a maximum of ten (10).
(10) FRONT FACADE means the main building facade
facing the street upon which the main building is
addressed.
(11) FURNITURE, STREET means man-made, above
ground items that are usually found in street rights-of-
way, including benches, kiosks, plants, canopies,
shelters and phone booths.
(12) INSTITUTIONAL LAND USES means those properties
owned or otherwise administered by organizations of
higher education, vocational training centers and
museums. Churches, synagogues, social, civic,
fraternal and professional organizations, specialty
schools, residential care facilities, day care centers,
nursing homes, clinics and hospitals and all other uses
not specifically excluded are bound by the terms of this
Ordinance.
(13) MASONRY PAVER means a solid brick or block of
masonry material used as a paving material.
(14) METALLIC COLOR means a paint color which has
pigments that incorporate fine flakes of bronze,
aluminum, or copper metal.
(15) MOVE-IN BUILDING means a building that has been
moved onto an existing lot.
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(16) PRESERVATION CRITERIA means the standards
considered by the Director and the Historic Landmark
Commission to determine whether a certificate of
appropriateness should be granted or denied.
(17) REHABILITATION means the process of returning a
property to a state of utility, through repair or alteration,
which makes possible an efficient contemporary use
while preserving those portions and features of the
property which are significant to its historic,
architectural, and cultural values.
(18) SIGN, FENCE means signs attached or affixed to any
type of fence.
(19) SIGN, MOBILE means business signs used to advertise
an establishment or service which are on or, otherwise
affixed to, trucks, automobiles, trailers or other vehicles
used primarily to support or display such signs while
parked.
(20) SIGN, MOVING means signs which in whole, or part, do
not remain stationary at all times, regardless of power
source which effects movement.
(21) TRIM COLOR means a paint color other than the
dominant color. Stain is not a trim color. Trim color
does not include the color of screen and storm doors
and windows, gutters, downspouts, porch floors and
ceilings.
(b) Reconciliation with other Ordinances. All City of Beaumont
codes, as amended, apply to all historic districts unless
expressly modified by ordinance.
(c) Enforcement.
(1) Certificate of Appropriateness Required. A person
commits an offense if (s)he is responsible for an
alteration of the physical character of any real property
located in an historic district, or any portion of the
exterior of a structure on the property, or the placement,
construction, maintenance, expansion, or removal of
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any structure on or from the property, unless the act is
expressly lawfully authorized by a certificate of
appropriateness.
(2) Exceptions. An alteration may be excused from strict
enforcement of the Ordinance under Subsection (1) of
this section if it is:
a. in a rear yard not exceeding six feet in height;
b. in a side yard, six feet or less in height, and
totally screened by a fence, as permitted by this
Ordinance, or hedge that is at least six feet in
height;
C. the installation, maintenance, or replacement of:
(i) a yard sprinkler system; or
(ii) a central air conditioning unit in the side
or rear yard; or
(iii) a room air conditioning unit.
d. temporary in nature. An alteration is temporary
in nature if it occurs no more than two (2) time
periods per calendar year for a maximum of (5)
days per time period.
(3) Additional Offenses. A person commits an offense if
(s)he is responsible for a violation of the use
regulations or development standards of this
Ordinance.
(4) Responsibility. A person is responsible for a violation
if(s)he:
a. commits or assists in the commission of an act in
violation; or
b. owns part or all of the land or a structure on the
land where a violation exists.
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(d) Use Regulations for Historic Districts. All previous uses
legally permitted by the underlying zoning district receiving
Historic-Cultural Landmark Preservation District Designation
shall remain so upon adoption of this Ordinance.
(e) Development Standards for Historic Districts. The following
development standards apply to historic districts:
(1) Density. Structures within an historic district must
comply with standards established in the City of
Beaumont Code of Ordinances (Section 30-25).
(2) Height. Structures within an historic district must
comply with standards established in the City of
Beaumont Code of Ordinances (Section 30-25) for the
underlying zoning district or thirty-five (35) feet,
whichever is less.
(3) Story Limitation. For the purposes of this Ordinance,
the maximum permitted number of stories is three (3).
(4) Lot Size. Lots within an historic district must comply
with standards established in the City of Beaumont
Code of Ordinances (Section 30-25).
(5) Special Exception. Lots platted, meaning already
approved by the City of Beaumont Planning Division or
Commission, on or before the effective date of this
Ordinance, are legal building sites even though they
may not conform to the requirements of this Ordinance.
(6) Setbacks. All structures within an historic district must
comply with the standards established in the City of
Beaumont Code of Ordinances (Section 30-25).
(7) Off-Street Parking. All structures within an historic
district must comply with the standards established in
the City of Beaumont Code of Ordinances (Section 30-
27). In addition:
a. In General. All off-street parking, whether used
to fulfill minimum parking requirements or as
excess parking, must be provided on the lot
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occupied by the primary use or on a separate lot
located within one hundred (100) feet of said
property. All off-street parking must be set back
along street frontages not less than the required
yard setbacks or as far back as the front of
immediately adjacent buildings, whichever is
greater.
b. Parkinq on Vacant Lots. On vacant lots, no
permanent off-street surface parking is permitted
on grassed areas. Said grassed areas may not
be paved or otherwise destroyed without a
certificate of appropriateness.
C. Parkinq in Front or Side Yards. Within front or
side yards, off-street surface parking is not
permitted on grassed areas. Said grassed areas
may not be paved or otherwise destroyed
without a certificate of appropriateness.
Vehicles may be parked only on paved surfaces.
d. Structured Parkinq. Vehicular access to parking
structures with a vehicle storage capacity of
three (3) or more is not permitted to or from the
street on which the main building fronts, unless
the lot abuts no other street or alley.
e. Screening. Screening of off-street parking for
multiple-family, commercial and industrial uses
must comply with standards established in the
City of Beaumont Code of Ordinances (Section
30-31).
f. Surface Materials. The only permitted off-street
parking surface materials are brushed or
aggregate concrete, hot mix asphalt or masonry
pavers. Grass, caliche, dirt, gravel, shell, slag
and clay surfaces are not permitted.
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g. Driveways. Driveway widths shall not exceed
the following dimensions:
Residential:
Single Family - 20 feet
Two Family - 20 feet
Multiple Family -24 feet
Commercial - 24 feet
Industrial - 35 feet
(8) Signs. Signs must not obscure significant architectural
features, windows or doors of the building. The shape,
materials, color, design and letter style of signs must be
typical of and compatible with the style and period of
the architecture of the building and complement the
district. Signs shall only be allowed where permitted by
Sec. 30-28, City of Beaumont Code of Ordinances. In
addition, all signs within the district must comply with
the following standards:
a. Detached Signs. Only one detached sign is
permitted on each lot. The entire sign must:
(i) be located at least fifteen feet (15') from
any public right-of-way or property line
dividing properties of different ownership,
or at the building setback line, whichever
is less;
(ii) be six (6) feet or less in height;
(iii) not be illuminated; and
(iv) not exceed twelve (12) square feet in
area.
b. Attached Signs. No more than two attached
signs are permitted on each building. Each sign
must:
(i) not be illuminated, except by one external
floodlight not to exceed 150 watts in
power;
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(ii) not exceed six (6) square feet in area;
and
(iii) not be located in or in front of any window
or doorway
C. Prohibited Signs. The following types of signs
are prohibited in an historic district:
(i) advertising signs;
(ii) illuminated signs;
(iii) neon or fluorescent signs;
(iv) signs affixed, either permanently or
temporarily, to street furniture;
(v) Portable signs, excluding political and
realty signs as defined in Section 30-28,
Sign Regulations, as outlined in the
Beaumont Code of Ordinances;
(vi) mobile signs;
(vii) moving signs; and
(viii) fence signs.
(9) Litter/Trash and Junk. Section 13-69, Litter Control,
and Sections 28.21.1-28.21.11, Solid Waste Collection
By the City, as outlined in the City of Beaumont Code of
Ordinances, applies to all properties within any historic
district. In addition, an approved container as defined
by same must be located in the rear yard of the subject
property with exception allowed for pickup and disposal
of said litter not to exceed a twenty-four (24) hour
period. All fixed or otherwise immobile trash containers
must be set back from the property line no less than
twenty-five (25) feet or be completely screened from
view from any street via landscaping and fencing.
(10) Outdoor Furniture. Furniture or appliances which are
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constructed of materials which are intended for indoor
use only or would otherwise be susceptible to water
damage, rot or destruction must not be placed on an
open porch or outdoors.
(f) Rehabilitation Guidelines. The following standards for
rehabilitation shall be employed by the Director and the
Historic Landmark Commission to evaluate a certificate of
appropriateness.
a. Every reasonable effort should be made to provide
compatible uses for properties mandating minimal
alteration of the building, structure, or site and its
environment.
b. The distinguishing original qualities or character of a
building, structure, or site and its environment should
not be destroyed. The removal or alteration of any
historic material or distinctive architectural features
should be avoided when possible.
C. All buildings, structures, and sites should be recognized
as products of their own time. Alterations that have no
historical basis and which seek to create an earlier
appearance will be discouraged.
d. Changes which may have taken place in time are
evidence of the history and development of a building,
structure, or site and its environment. These changes
may have acquired significance in their own right, and
should be recognized and respected.
e. Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure,
or site should be treated with sensitivity.
f. Deteriorated architectural features should be repaired
rather than replaced if possible. In the event
replacement is necessary, the new material should
match the material being replaced in composition,
design, color, texture and other visual qualities. Repair
or replacement of missing architectural features should
be based on accurate duplications of features,
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substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of
different architectural elements from other buildings or
structures.
g. The surface cleaning of structures should be
undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that will
damage the historic building materials should not be
undertaken.
h. Every reasonable effort should be made to protect and
preserve archeological resources affected by, or
adjacent to any project.
L Contemporary design for alterations and additions to
existing properties should not be discouraged when
such alterations and additions do not destroy significant
historic, architectural or cultural material, and such
design is compatible with the size, scale, color,
material, and character of the property and its
environment.
j. Wherever possible, new additions or alterations to
structures should be done in such a manner that if such
additions or alterations were to be removed in the
future, the essential form and integrity of the structure
would be unimpaired.
(g) Preservation Criteria for an Historic Designation.
1. Building Placement, Form and Treatment
a. Accessory Buildings. Accessory buildings are
only permitted in the rear yard and the interior
side yard and must be compatible with the scale,
shape, roof form, materials, detailing and color
of the main building. Accessory buildings must
have pitched roofs. Pre-fabricated metal
accessory buildings are permitted if they are
completely screened from view from any abutting
street.
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b. Additions. Additions to a main building are only
permitted on the side and rear facades, except
that a porch may be added to the front facade.
All additions to a building must be compatible
with the dominant horizontal or vertical
characteristics, scale, shape, roof form,
materials, detailing, and color of the building.
C. Architectural Detail. Materials, colors, structural
and decorative elements, and the manner in
which they are used, applied, or joined together
must be typical of the style and period of the
other buildings, if any, on the blockface and
compatible with the contributing structures in the
historic district.
d. Awnings. Awnings on the front and corner side
facade must be made of fabric or wood and
complement the main building in style and color.
Metal and corrugated plastic awnings are only
permitted on an accessory building or the rear
facade of a main building. Other awnings must
be typical of the style and period of the main
building, and compatible with the contributing
structures of a similar style in the historic district.
e. Building Placement. All structures within an
historic district must comply with the standards
established in the City of Beaumont Code of
ordinances (Section 30-25).
f. Building Widths. All structures within an historic
district must comply with the property setback
standards established in the City of Beaumont
Code of Ordinances (Section 30-25).
g. Chimneys. All chimneys must be compatible
with the style and period of the main building
and the contributing structures of a similar style
in an historic district. Chimneys on the front 50
percent of a main building or on a corner side
facade must be:
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(i) constructed of brick or other materials
that look typical of the style and period of
the main building; and
(ii) of a style and proportion typical of the
style and period of the main building.
h. Color.
(i) In General. When painting the exterior of
structures, property owners are
encouraged to use colors and color
combinations that are typical of the era of
the structure.
(ii) Brick Surfaces. Brick surfaces not
previously painted may not be painted
unless the applicant establishes that the
painting is necessary to restore or
preserve the brick itself.
(ii) Certain Colors Prohibited. Fluorescent
and metallic colors are not permitted on
the exterior of any structure in an historic
district.
(iii) Dominant and Trim Colors. All structures
must have a dominant color and no more
than five trim colors. The colors of a
structure must be complementary to each
other and the overall character of the
historic district.
(v) Gutters and Downspouts. Where
appropriate, gutters and downspouts
must be painted or colored to match the
trim color or the roof color of the
structure.
(vi) Roof Colors. Roof colors must
complement the style and overall color
scheme of the structure.
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(vii) Stain. The use and color of stain must be
typical of the style and period of the
building.
(i) Columns.
(i) Function. Columns are only permitted as
vertical supports near the front entrance
of the main building or as vertical
supports for porches.
(ii) Materials and Style . Columns must be
constructed of brick, wood, aluminum or
other materials and look typical of the
style of the main building.
(j) Facade Materials.
(i) In General. The only permitted facade
materials are brick, wood siding, vinyl
siding and wood products that look like
wood siding. All facade treatments must
be done in a manner so as not to change
the character of the building or
irreversibly damage or obscure the
architectural features and trim of the
building.
(ii) Facades. Existing facades must be
preserved to appear in a manner for
which they were originally intended (no
existing wood or stucco facade may be
bricked). Wood shingles are not
permitted as a primary facade material
unless same is historically correct.
(k) Front Entrances and Porches.
(i) Detailing. Railings, moldings, tilework,
carvings and other detailing and
architectural decorations on front
entrances and front porches must be
typical of the style and period of the main
building and the contributing structures of
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a similar style in the historic district.
(ii) Enclosures. A front entrance or front
porch may not be enclosed with any
material, including iron bars, glass or
mesh screening without a certificate of
appropriateness.
(iii) Floor Coverings. Carpeting is not
permitted as a front porch floor or step
covering.
(iv) Style. Each front porch and entry
treatment must have a shape, roof form,
materials, and colors that are typical of
the style and period of the building, and
must reflect the dominant horizontal or
vertical characteristics of the main
building and the contributing structures of
a similar style in the historic district.
(1) Porte Cocheres. Porte cocheres must be
preserved as architectural features and not be
enclosed by fences, gates or any other materials
without a certificate of appropriateness.
(m) Roof Forms.
(i) Materials and Colors. Roof materials and
colors must complement the style and
overall color scheme of the building or
structure. On residential structures, tar
and gravel (built-up) is permitted only as
a roof material on covered porches and
porte cocheres with flat roofs. Carpet is
not permitted as a roof material.
Composition shingle, cedar shingle and
metal roofing materials may be permitted.
(ii) Overhang. The minimum permitted roof
overhang for a new or move-in main
building is twelve (12) inches. a
replacement roof on an existing building
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must have an overhang equal to or
greater than the overhang of the roof it
replaces.
(iii) Patterns. Roof patterns of a main
building must be typical of the style and
period of the architecture of the building
and the contributing structures of a
similar style in the historic district.
(iv) Slope and Pitch. The degree and
direction of roof slope and pitch must be
typical of the style and period of the main
building and compatible with existing
building forms in the historic district. In
no case is a roof permitted with a pitch
less than a four and one-half (4 1/2) inch
rise in any twelve (12) inch horizontal
distance. Flat roof designs are not
permitted on main or accessory buildings
or structures, except that a covered porch
or porte cocheres may have a flat roof
that is typical of the style and period of
the main building.
(n) Windows and Doors.
(i) Front Facade Openings.
1) Glass. Clear, decorative stained,
beveled, etched and clear leaded
glass may be permitted in any
window opening. Reflective,
tinted, opaque, and mirrored glass
and plastic are not permitted in
any opening. Translucent glass is
not permitted, except in a
bathroom window. No glass pane
may exceed sixteen (16) square
feet in area unless part of the
original design.
2) Screens, Storm Doors, and Storm
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Windows. A screen, storm door,
or storm window on a front or side
facade of a main building may be
permitted only if:
a) its frame matches or
complements the color
scheme of the main
building; and
b) it does not obscure
significant features of the
window or door it covers.
3) Security and Ornamental Bars.
Security and ornamental bars are
permitted pending review by the
Director on any side of a main or
accessory building abutting a
street.
4) Shutters. Shutters must be typical
of the style and period of the
building and appear to be installed
in a manner to perform their
intended function.
5) Style.
a) All windows and doors in
the front or side facade of a
main building must be
proportionally balanced in a
manner typical of the style
and period of the building.
b) No single, fixed plate glass
is allowed except as part of
an original period design.
The size and proportion of
window and door openings
located on the front and
side facades of a main
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building must be typical of
the style and period of the
building.
c) All windows, doors, and
electrical lights in the front
and side facades of a main
building must be typical of
the style and period of the
building. Windows must
contain at least two (2)
window panes. Sidelights
must be compatible with the
door or windows with which
they are associated.
d) The frames of windows
should be trimmed in a
manner typical of the style
of the building.
2. Landscaping. All properties within an historic district
must comply with all existing landscaping requirements
as illustrated in Section 30-31 of the City of Beaumont
Code of Ordinances.
3. Fences. The Director may approve a fence not in
compliance with this paragraph if the applicant
establishes the fence is historically sensitive or unless
the absence of said fence poses a significant hazard to
life or property.
a. Form. Fences must be constructed and
maintained in a vertical position.
b. Height. Within a front yard, no solid fence or
wall shall be erected to exceed a height of four
(4) feet, unless a taller fence is required to
screen off-street parking or screen incompatible
land uses as required in Section 30-31 of the
City of Beaumont Code of Ordinances. In no
circumstances shall a solid wall or fence located
in a front yard exceed a maximum height of six
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a
(6) feet. A fence or wall that is at least eighty
(80) percent open may be erected to a maximum
height of six (6) feet.
C. Location.
(i) A fence in an interior side yard must be
located no further forward on the lot than
the front of the main building.
(ii) A fence in a corner side yard must not be
directly in front of the corner side facade,
except that the Director may allow a fence
that is directly in front of the corner side
facade if:
1) more screening is necessary to
insure privacy due to unusually
high pedestrian or vehicular traffic;
and
2) the fence does not screen all or
any portion of a significant
architectural feature of the main
building.
(iii) A fence must run either parallel or
perpendicular to a building wall or lot line.
d. Materials. A fence in a front or corner side yard
must be constructed of wrought iron, wood or
brick. Concrete block fences are not permitted.
e. Masonry Columns and Bases.
(i) The color, texture, pattern and
dimensions of masonry and the color,
width, type and elevation of mortar joints
in a fence column or base must match the
masonry and mortar joints of the main
building as nearly as practicable.
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(ii) All exposed brick in a fence column or
base must be fired brick as defined by the
American Standard Testing Materials
Designation C-126-75A, Type Grade
FBS-SW.
f. Metal Fences. Wrought iron and metal fences
must be compatible with the style and period of
the main building. Chain link, barbed and razor
wire fences are permitted only in back yards and
must not be visible from abutting streets.
g. Wooden Fences.
(i) All wooden structural posts must be at
least four (4) x four(4) inches in diameter
(nominal size).
(ii) The side of the wooden fence facing a
public street must be the finished side.
(iii) Wooden fences may be painted or
stained a color that is complementary to
the main building.
(h) Review Procedures for Certificates of Appropriateness in an Historic
District
1. In General. The review procedure for maintenance,
replacement, additions, deletions and new construction apply
to any historic district except as expressly modified by this
section.
2. Actions not Requiring Review.
(a) Routine Maintenance and Replacement. Routine
maintenance and replacement includes processes of
cleaning (including water blasting and stripping);
repainting an item the same color; and replacing with
like kind, duplicating, or stabilizing deteriorated or
damaged architectural features.
(b) Minor Alterations. A certificate of appropriateness is
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' a
not required for the following minor alterations:
(i) The maintenance of:
1) fences;
2) signs; and
3) pavement.
(ii) The restoration of original architectural elements
to original specifications.
(iii) Interior renovations and remodeling.
3. Actions Requiring Review by the Director. In addition to other
applicable permitting, the Director shall review, within thirty
(30) days of acceptance, an application for a certificate of
appropriateness for the following minor exterior alterations.
Applications requiring review by the Historic Landmark
Commission shall be forwarded by the Director to the
Commission within thirty (30) days of receipt of said
application. The Director shall determine whether the
proposed work complies with the preservation criteria and
regulations contained in this Ordinance and all other
applicable ordinances. If the proposed work complies, the
Director shall grant the certificate.
(i) The application, installation or replacement of:
1) fences;
2) paint of any fluorescent or metallic color;
3) signs;
4) pavement;
5) security bars; and
6) windows.
(ii) The demolition, construction, placement or relocation of
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an accessory structure.
4. Review by the Historic Landmark Commission.
(a) The standards contained in this section should be used
by the Historic Landmark Commission in making its
decision concerning a certificate of appropriateness.
(b) The Historic Landmark Commission shall review, within
thirty (30) days of receipt, all applications for
certificates of appropriateness forwarded to it by the
Director, most notably including the demolition,
construction, placement or relocation of any main
structure. In reviewing an application, the Historic
Landmark Commission shall determine whether the
proposed work complies with the preservation criteria
and regulations contained in this Ordinance and all
other applicable ordinances. If the proposed work
complies, the Historic landmark Commission shall grant
the certificate.
(c) Except as otherwise provided in this section, if the
proposed work does not comply with the preservation
criteria and regulations contained in this or any other
applicable ordinance, the Historic Landmark
Commission shall deny the certificate.
(d) If the proposed work will not have an adverse effect on
the external architectural features, future preservation,
maintenance, or use of a structure or blockface in an
historic district, or of an historic district as a whole, the
Historic landmark Commission shall grant the
certificate. In determining whether the proposed work
constitutes the restoration of original architectural
elements, the Historic Landmark Commission shall
consider all available materials, including but not
limited to photographs and drawings showing the
original appearance of the building and its surrounding
property at the time of construction.
(e) If the proposed work is not addressed by the
preservation criteria and regulations contained in this
Ordinance and all other applicable ordinances, and will
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not have an adverse effect on the external architectural
features, future preservation, maintenance, or use of a
structure or blockface of an historic district, or of an
historic district as a whole, the Historic landmark
Commission shall grant the certificate.
5. Who May Appeal. Only the applicant and/or the property
owner may appeal a decision by the Director or the Historic
Landmark Commission to deny a certificate of
appropriateness. An appeal of a decision of the Director of
Planning must be undertaken in the manner outlined in the
City of Beaumont Code of Ordinances (Section 30-37). An
appeal from a decision of the Historic Landmark Commission
must be taken to City Council within a reasonable amount of
time after the decision has been rendered.
6. Exceptions. Properties which are determined by the Director
to be threats or hindrances to the health, safety, morals and
general welfare of the citizens of Beaumont shall be
automatically exempted from certificate of appropriateness
review.
(i) Nonconforming Uses and Structures.
(1) In General. Except as otherwise provided in this Ordinance,
Section 30-30 of the City of Beaumont Code of Ordinances
relating to nonconforming uses and structures, applies to all
historic districts.
(2) Rebuilding Damaged or Destroyed Buildings or Structures. If
a lawful nonconforming building or structure in an historic
district is damaged by fire, explosion, act of God or other
calamity, the building or structure may be rebuilt at the same
location with the approval of the Director as long as the
building does not increase whatsoever the degree of
nonconformity. New construction that replaces damaged
buildings and would increase the degree of nonconformity
must comply with the design guidelines provided in this
Ordinance.
(3) Amortization of Nonconforming Structures and Gravel and
Shell Parking Lots. With exception provided for main and
accessory structures and fences, all structures and gravel and
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shell parking lots which are not erected under the terms of this
Ordinance at the time of the adoption of same must be
removed or otherwise made to conform with the terms of this
Ordinance within four (4) years of the effective date of this
Ordinance. There shall be granted no exceptions or
extensions.
(j) Designation as a Contributing Structure. For the purposes of this
Ordinance, a property owner may wish to have a structure within an
historic district to be singularly distinguished as a contributing
structure. To obtain this designation, a property owner must follow
the standard procedure set forth in Section 30-39 HC-L, (Historic-
Cultural Landmark Preservation Designation).
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 part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
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
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day of , 1995.
- Mayor -
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