HomeMy WebLinkAboutORD 07-095 ORDINANCE NO. 07-095
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO ADD A NEW SECTION 30-23.2
CREATING THE NEIGHBORHOOD DESIGN OVERLAY
DISTRICT AND THE REGULATIONS GOVERNING SAID
DISTRICT; PROVIDING AN EFFECTIVE DATE;
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, of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended by adding a new section 30-23.2 to read as follows:
Section 30-23.2 Neighborhood Design Overlay District
(a.) General Purpose and Description. The purpose of the ND, Neighborhood Design
Overlay District, is to provide for the protection, preservation and design
compatibility of buildings, sites and areas within the overlay district. More
specifically, this district has the following expressed purposes:
1. To encourage neighborhood conservation;
2. To stabilize property values;
3. To prevent the construction of buildings of a size and scale not compatible
with the established built character of the district.
This district supplements the regulations of the underlying zoning district
classification. The zoning map shall reflect the designation of a
Neighborhood Design Overlay Designation by the letters "ND" as a suffix to
the underlying zoning district classification.
(b) Reconciliation with other Ordinances. All City of Beaumont codes, as amended,
apply to all Neighborhood Design Districts unless expressly modified by this
ordinance.
(c) Applicability and Boundaries. This ordinance shall apply to all lands zoned as
Neighborhood Design (ND) as described below and as shown on the adopted
Zoning Map:
Being Lots 1-13, Block 1, Lots 1-13, Block 2, Lots 1-26, Block 3, Lots 1-26, Block
4, Lots 1-26, Block 5, Lots 1-26, Block 6, Lots 1-26, Block 7, Lots 1-26, Block 8,
Lots 1-26, Block 9, Lots 1-26, Block 10, Lots 1-14, Block 11, Lots 1-13, Block 12,
Lots 2-12, Block 13, Lots 1-10, Block 14, Calder Place Addition, City of
Beaumont, Jefferson County, Texas, containing 47.58 acres, more or less.
(d) Use Regulations of Neighborhood Design Districts. All previous uses legally
permitted by the underlying zoning district receiving Neighborhood Design
Designation shall remain so upon adoption of this Ordinance.
(e) Definitions. Unless the context clearly indicates otherwise, in this Ordinance:
1. Buildable Area: means the area in which development subject to this
Subchapter may occur, and which is defined by the side and rear setback
planes required by this Subchapter, together with the area defined by the
front, side, and rear yard setbacks and the maximum height limit.
2. Height: in this Subchapter, the height of a building or setback plane shall be
measured as follows:
Height shall be measured as 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.
(f) Nonconforming Uses and Structures. 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 Neighborhood Design Districts.
(g) Review Procedures, Modifications and Appeals. Compliance with the provision
of this Subchapter shall be the responsibility of the Planning Manager. Appeals
of the provisions of this Subchapter shall be made to the Board of Adjustment as
outlined in Section 30-37 of this Zoning Ordinance.
(h) Supplemental Regulations.Parking in Front or Side Yards. Within front or side
yards, off-street surface parking is not permitted on grassed and non-paved
areas.
(i) Development Standards for Neighborhood Design Districts.
1. Building Height: Except where these regulations are superseded, the
maximum building height for development subject to this Subchapter is
thirty-five (35) feet. Section 30-25(c) (Height Limit Exceptions) does not
apply to development subject to this Subchapter, except for allowances for
belfries, ornamental towers or spires, antennas and flagpoles. Building
height shall be measured under the requirements defined in Section 30-
23.2(e)2.
2. Front Yard Setback:
(a) Minimum Setback Required: The minimum front yard setback
required for development subject to this Subchapter is the average
front yard setback, as provided in subsection (b) below.
(b) Average Front Yard Setback
(i) An average front yard setback is determined based on the
setbacks of each principal residential structure that is built
within 50 feet of its front lot line.
(ii) Except as provided in paragraph (iii), the four structures that
are closest to the subject property on the same side of the
block shall be used in the calculation of average front yard
setback. If there are less than four structures on the same
side of the block, the lesser number of structures is used in
the calculation.
(iii) If there are no structures on the same side of the block, the
four structures that are closest to the subject property and
across the street are used in the calculation. If there are less
than four structures across the street, the lesser number is
used in the calculation. See Figure 1.
A B C D E
`I5' 15' 20' 25' 20'
-'\ --------- -----'- -- -------- -- - --------
50' 50+ ,
J------- --------- -------- -- -------
3 x
Figure 1: Average Front Yard Sstbsck
In this example,the minimum required front setback in the underlying zoning district is 25
feet. However,because of the variety of existing setbacks of buildings on the same block
face,new development on lot C may be located with a setback of only 20 feet,which is
the average of the setbacks of lots B,D,and E. The building on lot A is not included in
the average because it is located more than 50 feet from the property line.
3. Rear Yard Setback: The minimum rear yard setback in a Neighborhood
Design district shall be twenty-five (25) feet.
4. Side Yard Setback: The minimum side yard setback in a Neighborhood
Design district shall be as follows:
(a) For an interior lot the setback shall be five (5) feet for one story
buildings and seven and one-half foot (7.5) for multi-story buildings
(b) For a comer lot backing up to an abutting side yard: fifteen (15)
feet.
(c) For a comer lot backing up to an abutting rear yard: ten (10) feet.
5. Setback Planes: This subsection prescribes side and rear setback planes
in order to minimize the impact of new development and rear development
on adjacent properties. A structure may not extend beyond a setback
plane except as authorized by subsection 7. below. The height of a
setback plane shall be measured under the requirements defined in
Section 30-23.2(e)3.
(a) Side Setback Plane: Except as provided in subsection 7 below, an
inwardly sloping 45-degree angle side setback plane begins at a
horizontal line fifteen (15) feet directly above the side property line.
See Figure 2.
45°
Side/Rear
Property Line
Figure 2: Side and Rear Setback Planes Measured from SkWRear Property Line
In this illustration,the Side or Rear Setback Plane is shown as a lined extending 15 feet
above the side or rear property line and then angled inward at a 45°angle.
(b) Rear Setback Plane: Except as provided in subsection 7 below, an
inwardly sloping forty-five (45) degree angle rear setback plane
begins a horizontal line fifteen (15) feet directly above the rear
property line.
6. Buildable Area: The buildable area, as defined in Section 30-23.2. (e)1.,
consists of the smallest area within the front, side, and rear yard setbacks;
maximum height limit; and the combined side and rear setback planes.
Buildable Area
Setback
Plane
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Figure 3: Side Setback Plane Measured from Side Property Line
In this illustration,the Side and Rear Setback Planes are shown as lines extending 15 feet
above the side and rear property lines and then angled inward at a 450 angle.
7. Exceptions: A structure may not extend beyond a yard setback line or a
setback plane, except for:
(a) A roof overhang or eave, up to eighteen (18) inches beyond the
setback plane;
(b) A chimney, vent, antenna, or energy conservation or production
equipment or feature not designed for occupancy; and
(c) Gable roof and dormer exceptions (See Figure 4):
(it) Side-Gabled Roof Exception: A side-gabled roof structure
on each side of the building, with a total horizontal length of
not more than eighteen (18) feet on each side of the
building, measured along the intersection with the setback
plane;
(ii.) Dormers Exception: Dormers, with a total horizontal length
of not more than fifteen (15) feet on each side of the
building, measured along the intersection with the setback
plane.
Gable Roof
Exception:Max. 18' Dormer Exception:
Width Max.15'Width
T r rr
15
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Figure 4: Gable and Dormer Exception
In this illustration,a side-gabled roof may encroach into the setback plane for not more
than 18'in width. Also shown are dormers which may encroach into the setback plane
not more than a total width of 15'.
Section 2.
This ordinance shall be and become effective and be in force from and after
publication pursuant to the Charter of the City of Beaumont. All applications for building
permits in this district filed after the effective date shall be processed in accordance with
the provisions of this ordinance.
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 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.
That 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
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 25th day
of September, 2007.
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