HomeMy WebLinkAboutORD 12-074 ORDINANCE NO. 12-074
ENTITLED AN ORDINANCE AMENDING CHAPTER 26,
SECTIONS 26.03.004 AND 26.04.002 AND CHAPTER 28,
SECTIONS 28.01.004(b), 28.03.020(b), 28.03.023(e),
28.04.008(28) AND 28.04.008(29) OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS, TO MAKE
CHANGES AND ADDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26, Section 26.03.004 of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 26.03.004 Sidewalks
A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk
requirements for that lot are met. When platting, sidewalks shall be installed prior to the
final building inspection. If the lot is not developed within five (5) years of the recordation
of the final plat, the current property owner shall construct the sidewalk. A building permit
includes the construction of any sidewalk that may be required for that lot. Sidewalks shall
be constructed under the following conditions:
Section 2.
THAT Chapter 26, Section 26.03.004 of the Code of Ordinances be and the same is
hereby amended by adding new Subsections 26.03.004(1)(E)and 26.03.004(2)(E)to read
as follows:
Sec. 26.03.004 Sidewalks
(1) Residential.
(E) Sidewalks shall have a minimum width of four (4) feet if built a
minimum distance of two (2) feet from the back of the curb.
Sidewalks constructed at the back of the curb shall have a minimum
width of five (5) feet.
Sec. 26.03.004 Sidewalks
(2) Commercial and industrial.
(E) Sidewalks shall have a minimum width of five (5)feet.
Section 3.
THAT Chapter 26, Section 26.03.004(3) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 26.03.004 Sidewalks
(3) The planning and zoning commission may grant a waiver to the sidewalk
requirement if the applicant can prove that there is an engineering reason for
not installing a sidewalk.
Section 4.
THAT Chapter 26, Section 26.04.002 of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 26.04.002 Alternatives to completion of improvements
In lieu of requiring the completion of all improvements, except sidewalks (see (5) below),
prior to the approval and the recording of the final plat, the City Manager or his designee
may, at his discretion, enter into an agreement with the subdivider whereby the subdivider
shall provide one of the following guarantees:
Section 5.
THAT Chapter 26, Section 26.04.002(4) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 06.04.002 Alternatives to completion of improvements
(4) Connections to city utilities shall not occur until all improvements, except for
sidewalks, have been accepted by the city and the final plat has been
approved and recorded.
Section 6.
THAT Chapter 26, Section 26.04.002 of the Code of Ordinances be and the same is
hereby amended by adding a new Subsection 26.04.002(5) to read as follows:
Sec. 06.04.002 Alternatives to completion of improvements
(5) On collector and higher classification streets, except for residential streets,
sidewalks are required prior to the approval and recordation of the final plat.
On non-major streets, in lieu of requiring sidewalks prior to the approval and
recording of the final plat, the subdivider will place a note on the plat that
sidewalks are required prior to the final building inspection and will deed
restrict each lot requiring the owner of each lot to construct the sidewalk prior
to the completion of the structure and the final building inspection. At all
street intersections, sidewalk ramps will be built to meet ADA requirements
prior to the approval and recordation of the final plat.
Section 7.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended by amending the definition of Family home to read as follows:
Sec. 28.01.004 Definitions
(b) Definitions.
Communityhome. A residential home for no more than six (6) disabled persons
and two (2) staff persons and meeting all of the requirements of Vernon's Code
Annotated, Human Resources Code, Chapter 123.
Section 8.
THAT Chapter 28, Section 28.03.020(b) of the Code of Ordinances be and the same is
hereby amended by amending the definition of Sign, portable to read as follows:
Section 28.03.020 UC, Urban Corridor Overlay District regulations
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Sign, portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Section 9.
THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Groups 703 and 5813,
of the Code of Ordinances of the City of Beaumont be and the same is hereby amended
to read as follows:
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP
M H H MD MD-2
S S S S S S S S TT S 1703 Camps and Recreational Vehicle 5 1 28
and,
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M Li HI PUD GROUP
M H H MD MD-2
S S S S P P P S 5813 Drinking Places 26 29
Section 10.
THAT Chapter 28, Section 28.04.008 of the Code of Ordinances be and the same is
hereby amended by adding a new Subsection 28.04.008(28) to read as follows:
Sec. 28.04.008 Special conditions
(28) Living in recreational vehicles shall not be permitted except in designated
recreational vehicle parks.
Section 11.
THAT Chapter 28, Section 28.04.008 of the Code of Ordinances be and the same is
hereby amended by adding Subsections 28.04.008(29) to read as follows:
Sec. 28.04.008 Special conditions
(29) For the purpose of this ordinance, bottle clubs, which shall be defined as
social meeting places where patrons are served drinks from their own bottles
of alcoholic beverages shall be classified under SIC Group 5813, Drinking
Places.
This definition shall not include eating places that serve individuals from the
individual's own bottle or private stock.
Section 12.
That if any section, subsection, sentence, clause of 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 13.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 14.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
ff -'Mayor Bec y Ames -