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HomeMy WebLinkAboutORD 1-T7F � r' ''=AN ORDINANCE --� �! _ / - jr V AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND REGULATING AND REDISTRICT-• ING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER 5TRUCTURES, THE PERCtNTAGE OF LOT THPT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE INDUSTRY, REuIDEivCES tIND OTHER PURPOSES, AND DIVIDING THE CITY OF BEAUMONT INTO DISTRICTS AND REGULATING AND REDISTRICTING THE ERECTION, CONSTRUCTION, �E'CONSTRUCTION, E.LTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND V ITHIN SUCH DISTRICTS, AND- PROVIDING_ UNIFORM. REGULATIONS FOR. -THE_ ___ SEVERAL CLASSES OR KINDS OF BUILDINGS OR STRUCTURES AND USES WITHIN THE RESTRICTIVE DISTRICT, AND ADOPTING A 'ZOItiING HAP DISCLOSING THE SEVER1iL DISTRICTS AND USE AREAS AND THE RESTRICTIONS AND LIMITATIONS AND PROVISIONS APPLICABLE TO SUCH DISTRICTS AND itREAS: kND PROVIDING FOR A BOARD . OF ADJUSTMENT AND DEFINING THE POWERS OF SAME. .BE IT ORDAINED BY THE CITY C0MMISSION OF THE =CITY OF BEAUMONT: - r ARTICLE-l" SECTION 1. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the ,general welfare of the community. They have been designed to lessen con- gestion in the streets; to secure safety from fire; panic and other - dangers; to provide adequate light and air; to prevent the over- , crowding'of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for the particular uses; and with a view of conserving the value of building and en- couraging the most appropriate use of land throughout the community. ARTICLE-2 SECTION 1. This ordinance shall be known and may be cited and referred to as the "Zoning Ordinance" to the same effect., ARTICLE-3 Definitions SECTION•1. For the purpose of this ordinance, certain terns and words are hereby defined. 11Jords used -in the present•tense shall include the future; the singular number shall include the plural and the plural, the singular; the word "building" shall in- _t - y elude the word "structure"; the word "lot" shall include the word 11plot" and the word "shall" is mandatory and not directory, 1. ACCESSORY BUILDING: A subordinate building or a por- tion of the main building, the use of which is. incidental to that of the dominant use of the building or premises. 2. ALLEY; A public thoroughfare which affords only -a secondary means of access to abutting property, 3. APARTMENT HOUSE: See Dwelling, multiple. 4. BASEMENT: A story having part but not more than one half (2) its height below grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by others than a janitor employed on the premises, 5. BOARDING HOUSE: 'A building other than a hotel, where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for five (5) or more persons, but not exceeding twent (20) - -- y- - _persons.-- - - --- - -- - -- - - - 6. BUILDING: Any structure. When separated by dividing walls without openings, each portion of such structure, so separated, shall be deemed a separate structure, 7. BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the high- est. gable of a pitch or hip roof. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, radio towers, ornamental cupolas, domes or spires, elevator bulkheads, pent houses, tanks, water towers, signs, and parapet walls not exceeding four feet (4 1) in height. 8. BUILDABLE WIDTH: The width of that part of the lot not included within the open spaces herein required. 9. CELLAR: A story having more than one half (2) of its height below grade. 10. DISTRICT: Any section of the City of Beaumont for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform, - 2 - S ;• 11. DITJELLING: Any building, or portion thereof, which is designed for use for residential purposes. 12. Dti-VELLING, SINGLE-FAMILY: A building designed for oc- cupancy by one family. 13. D,"JELLING, TWO-FAMILY: A building designed for oc- cupancy by two families. 14, DWELLING, T,iULTIPLE: A building designed for occupancy by three or more families. 15. FAM1ILY: Ono or more persons occupying a dwelling and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined. 16. FILLING STATION: Any building, structure or premises, enclosure or other place used for the dispensing, sale or offering for sale of automobile fuels and oils. Men such dispensing, sale or offering for sale of automobile fuel and oils is incidental to the conduct of a public garage, the premises shall be classified ----- 17. FRONTAGE: Property on one side of a street or place measured along the line of the street or place. 18. GAW'GE, PRIVILTE: An accessory building designed or used for the storage of not more than three (3) motor -driven vehicles owned and used by the occupants of the building to which it is accessory. 19,. GARAGE, PUBLIC: A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor -driven vehicles. 20. GARAGE, STORAGE: A building or portion thereof designed or used exclusively for housing four (4) or more motor - driven vehicles. 21. GRADE: a. For buildings having -,malls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. - 3 - b. For buildings having walls adjoining more than, one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets. c. For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. 22. HOME OCCUPATION: Any occupation or profession carried on by a member of .a family residing on the premises and in connec- tion with which no sign is used, provided that no business such as a shop or store is conducted upon the premises; provided that no person is employed other than a member of the immediate family, re- siding on the premises; and provided that no mechanical equipment is. used except such that is normally used for domestic or household 23. HOTEL: A building used as the abiding place of more than twenty (20) persons who are for compensation lodged with or without meals. 24. INSTITUTION: A building occupied by a non-profit cor- poration or non-profit establishment for public use. 25, LODGING HOUSE: A building where lodging only is pro- vided for compensation to five (5) or more, but not exceeding twenty (20) persons, in contradistinction to hotels open to transients. 26. LOT: A parcel of land occupied or intended for occu- pancy by one (1) main building, together with its 'accessory build- ings, and uses customarily incidental to it, including advertising signs, billboards and poster panels, and including the open spaces required by this ordinance and having its principal frontage upon a street or upon a place that has been officially approved by the gov- erning body of the City. 27. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. 28. LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines. - 4 - 29. LOT., DOUBLE FRONTAGE: A lot having a frontage on two (2) non -intersecting streets, as distinguished from a corner lot. 30. LOT, IINTERIOR: A lot other than a corner lot. 31. LOT LINES: The lines bounding a lot. 32. LOT OF RECORD: A lot which is a part of a subdivision the map of which has been recorded in the office of the County Cl-erk- of Jefferson County, or a lot described by metes and bounds, the description of which has been recorded in said office of the County Clerk. 33. NON -CONFORMING USE: The use of any building or pre- mises contrary to the use regulations of this ordinance for the district in which the premises are located. 34. PILRKING SPACE: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress and -- - - egress --of- an automobile-.- - -- 35. PLI:CE: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property. 36. ROOMING HOUSE: See lodging house. 37. STrLBLE, PRIVATE: A stable with a capacity for not more than two (2) horses or mules. 38. STABLE, PUBLIC: A stable, other than a private stable, with a capacity for more than -two (2) horses or mules. 39. STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. 40. STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half -story containing independent apartment or living quarters shall be counted as a full story. - 5 - • , I Y 41. STREET: All property dedicated or intended for use as a public thoroughfare or subject to public easements therefor and including both vehicular and pedestrian ways. 42. STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street. 43. STRUCTURE: Anything constructed or erected, the use of which requires temporary or permanent location on the ground or attached to something having a permanent location on the ground, in- cluding, but without limiting the generality of the foregoing, adver- tising signs, billboards, and poster panels. 44. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. 45. TOURIST OR TRAILER CAMPS: An area containing one (1) or more structures designed or intended to be used as temporary living facilities of one or more families and intended primarily for auto- mobile transients or providing spaces where two (2) or more tents or -auto- trailers can be parked. 46. YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in Article 18. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used, 47. YARD, FRONT: A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street_ line and the main building or any projection there- of, other than steps, unenclosod ,balconies and unenclosed porches. 48. YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as par- allel to the street upon which the lot has its least dimension. "t On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. 49. YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. ARTICLE-4 Districts and Boundaries Thereof SECTION 1. In order to classify, regulate and restrict the location of trades and industries, and the location of buildings de- signed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards; courts, and other open spaces within and surrounding such buildings, the city' of Beaumont, Texas, is hereby divided into t4volvo (12) classes of "districts". The use, height, and area regu- lations are uniform in each class of district, and said districts - ----shall be- -known as: "A-1" Single -Family Dwelling District "A-2" Single -Family Dwelling District "A-311 Single -Family Dwelling District "A-4" Two -Family Dwelling District "A-51' Multiple -Dwelling District "A-6" Multiple -Dwelling District "B-1" Neighborhood Commercial -District "B-2" Commercial District "B-311 Business District TIC-l" Light Industrial District 11C-1-S" Special Light Industrial District "C-2" Heavy Industrial District SECTION 2. The boundaries of these districts are indicated upon the District Map of the City of Beaumont, which map is attached to and made a part of this ordinance. The said District Map of the City of Beaumont and all notations, references and other matters shown thereon shall be as much a part of this ordinance as if the notations, references and other matters - 7 - set forth by said map were all fully described herein; which zoning map is on file in the office of the City Clerk of the City Hall of the City of Beaumont. SECTION 3. Whenever any street or alley is vacated, the particular district applying to property fronting on any such street or. alley shall automatically be extended to the centerline of any such street or alley. SECTION 4. Except as hereinafter provided in nrticle 16, 17, 16, and 19: 1. No building shall be erected, converted,, enlarged, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations established by this ordinance for the district in which the building or land is located, 2. The minimum yards and other open spaces, includ- ing the intensity of use provisions contained in this ordinance for each and every building existing at the time of passage of this ordinance, or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or intensity of iise purposes for any other build- ing. 3. Every building hereafter erected or structurally altered shall be located on a lot as defined in Article 3, and in no case shall there be more than one main building on one lot. 4. Regardless of district regulations, all struc- tures erected on lots facing on the following named streets shall be set back to a depth of not less than fifteen (15) feet: Calder avenue, Fourth Street, Magnolia .-,venue from McFaddin to Laurel, Mariposa Street, North. Main, North Pearl, Park Street, Railroad Avenue, Sabine Pass Avenue, and Irving Street. On Park Street all structures shall be set back to a depth of not less than fifteen (151) with the exception of that part of Park Street extending from Blanchette Street north to the Southern Pacific Railway Company right of way on which said structures shall be set back to a.depth of not less than ten (10') feet. ARTICLE 5 "A-19' Single -Family Dwelling District Regulations SECTION 1. The regulations set forth in this article or set forth elsewhere in this ordinance, when referred to in this article, are the "A-l" Single -Family Dwelling District regulations. SECTION 2. USE REGULATIONS: A building or premises shall be used only for the following purposes 1. Single -Family dwellings. 2. Churches. 3. Public Schools, elementary and high, and educa- tional institutions having a curriculum the same as ordinary given in public schools. 4. Golf courses, excepting miniature golf courses, putting greens, driving ranges, or other forms of amusement operated as a business, 5. Truck gardening, but not the raising of livestock. 6. Accessory buildings which are not a part of the main building, including one private garage, or servant's quarters, when located not less than sixty (601) feet from the front lot line and not less than fifteen (151) feet from any side street line, and accessory buildings which are a part of the main building, including a private garage or servant's quarters, also including a private stable accessory to a single family dwelling on a lot having an area of not less than one (1) acre. 7. Home occupations. 8. Temporary buildings for uses incidental to con- struction work, which buildings shall be removed upon the completion or abandonment of the construction work. - 9 - } q- 9. Bulletin boards and signs, not exceeding twelve (12) square feet in area appertaining to the lease, hire or sale of a building or promises, which boards or signs shall be removed as soon as the premises are leased, hired or sold. SECTION 3. HEIGHT REGULATIONS: No building shall exceed two and one-half (22) stories or thirty-five (35) feet in height, except as provided in Article 18. SECTION 4. AREA REGULATIONS: 1. FRONT YARD: (a) There shall be a front yard having a depth of not less than thirty-five (35) feet, unless twenty-five (25%) per cent or more of the frontage on one side of the street between two intersecting streets is improved with build- ings that have observed an average front yard line with a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than seventy-five (75) feet. (b) IJ7herc lots have a double frontage the required front yard shall be provided on both streets. (c) vilhore a lot is located at the intersection of streets there shall be a front yard on each side street, provided, however, the set -back requirement on the side street shall be only fifteen (15) feet for all buildings. 2. SIDE YIM: Except as hereinafter provided in the following paragraph and in Article 18, there shall be a side yard on each side of a building having a width of not less than ten (10) feet or ten (10%) per cent of the average width of the lot, whichever amount is smaller. 3. REAR YARD: Except as hereinafter provided in Article 18, there shall -be a rear yard having a depth of not less than thirty-five (35) feet or twenty (20%) per cent of the depth of the lot; whichever amount is smaller. 4. INTENSITY OF USE. There shall be a lot area of not less than ton thousand (10,000) square feet, except that if a - 10 - 0 .DeC ea,ler lot has less area than herein required and was of record on that lot may be used for any of the uses permitted by this Y�rticle. ARTICLE 6 "A-2" Single -Family Dwelling District Regulations SECTION 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, where referred to in this Article are the "A-2" Single -Family Dwelling District regulations. SECTION 2. USE REGULATIONS; A building or premises shall be used only for the following purposes; 1. Any use permitted in the "A-1" Single Family Dwell- ing Districts. 2. Offices of a physician, surgeon, dentist, musician, artist, engineer, or architect, when situated in the same dwelling used as such as his private dwelling, provided that said office use is incidental and secondary to the residential use and provided that no name plate exceeding one (1) square foot in area shall be permit- ted. SECTION 3. HEIGHT REGULATIONS; The height regulations are the same as those in the "A-1" Single -Family Dwelling Districts. SECTION 4. AREA REGULATIONS:. 1. FRONT YARD; The front yard regulations are the sane as those in the "A-l" Single -Family Dwelling District, except that the depth of the front yard shall be thirty (30)feet wherever the average of the existing front yards does not apply. 2. SIDE YARD: Except -as hereinafter provided in the following paragraph and in Article 18, there shall be a side yard on each side of a building having a width of not less than five (5) feet or ten (10) per cent of the average width of the lot, whichever amount is smaller. 3. REAR YARD; Except as hereinafter provided in Article 18, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty (20) per cent of the d epth of the lot, whichever amount is smaller. 4. INTENSITY OF USE: There shall be a lot area of not less than seventy-five hundred (7,500) square feet except that, if a lot has less area than herein required and was of record on that lot may be used for a single-family dwelling. ARTICLE-7 "A-3" Single -Family Dwelling District Regulations SECTION 1. The regulations set forth in this Article, or set forth elsewhere in this ordinance, when referred to in this article are the "mil-3" Single -Family Dwelling District hegulations. SECTION 2, USE REGULI'iTIONS: The use regulations are the same as those in the "A-21' Single -Family Dwelling Districts, SECTION 3. HEIGHT REGULATIONS: The height regulations are the same as those in the 11A-1" Single -Family Dwelling Districts. SECTION 4. kREA REGULATIONS: 1. FRONT YARD: The front yard regulations are the same as those in the ":.-1" Single Family -Dwelling Districts, except that the depth of the front yard shall be twenty-five (25) feet whenever the average of the existing front yards does not apply. 2. SIDE YARD: The side yard regulations are the same as those in the "A-2" Single -Family Dwelling Districts. 3. RE>R YARD: The rear yard regulations are the same as those in the ''A-2" Singlo-Family Dwelling Districts. 4. INTENSITY OF' USE: There shall be a lot area of not less than six thousand (61000) square feet except that, if a lot has less area than herein required, and was of record on = 9 V�'7, , that lot may be used for a single-family dwelling. ARTICLE-8 "A-4" Two -Family Dwelling District Regulations SECTION 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, when referred to in this article arc the "A-4" Two -Family Dwelling District regulations. SECTION 2. USE REGU.LATIOI,S: A building or premises shall be used only for the following purposes: - 12 - 1. Any use permitted in the "A-3" Single -Family Dwelling Districts. 2. Two -Family dwellings. 3. Accessory building and uses customarily incident to any of the above uses when located on the same lot and not in- _ volving the conduct of a business, including private garages when located not less than sixty (60) feet from the front line or a private garage constructed as a part of the main building. SECTION 3. PARKII3G REGULATIONS: Two -Family dwellings shall provide a parking space on the lot sufficient to accommodate one (1) motor car for each dwelling unit. SECTIOE 4. HEIGHT REGULATION: The height regulations are the same as those in the "A-l" Single -Family Dwelling Districts. SECTION 5: AREA? REGULATIONS: 1. FRONT YARD: The front yard regulations are the same as hose in the "A-3" Single -Family Dwelling Districts. 2. SIDE YARD: Except as hereinafter provided in the following paragraph and in Article 18, thore shall be a side yard on each side of a building which shall have a width of not less than five (5) feet or ten (10) per cent of the average width of the lot, whichever amount is smaller. 3. REAR YARD: Except as hereinafter provided in Article 18, there shall be a rear yard having a depth of not less than twenty-five (25) feet or twenty (20) per cent of the average depth of the lot, whichever amount is smaller. 4. INTENSITY OF USE: (a) A lot occupied by a single-family dwelling shall contain an area of not less than five thousand (5,000) square feet. (b) A lot occupied by a two-family dwelling shall contain an area of not less than three thousand (30000) square feet per family. (c) Where a lot has less area than herein re-- ,Dee-em be J- J/ quired and was of record_ on j=;raa-j�y-,.1947, that lot may be used only for single -'family dwelling purposes. z ARTICLE-9 "A,5". Multiple _Dw.lLingrDastrict SECTION. 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, when referred to in this article are the "A-5" Multiple Dwelling District regulations. SECTION 2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the "A-4" Two -Family Dwelling Districts. 26 Multiple Dwellings. 3. Boarding and lodging houses. 4. Institutions of a religious, educational, or philanthropic -nature. 5. Hospitals and clinics, excepting animal hospitals and clinics. 6. Private clubs, fraternities, sororities, and lodges, excepting those the chief activity of which is A service customarily carried on as a business. 7. Accessory buildings customarily incident to any of the above uses, including storage garages, where the lot is oc- cupied by a multiple dwelling, hospital or institutional building. If a storage garage is not a part of the main building, it shall be located not less than sixty (60) feet from the front line and not riiitee-tu 05) less than f=6x �,febt from any side street line. SECTION 3. PARKING REGULATIONS: Where a lot is occupied by a two-family dwelling, or a multiple dwelling, a parking space on the lot shall be provided adequate to accommodate one (1) car for each dwelling unit. See Article 18, Section 9. SECTION 4. HEIGHT REGULATIONS: No building shall exceed three (3) stories or forty-five (45) feet in height, except as pro- vided in Article 18. SECTION 5. AREA REGULATIONS: to FRONT YARD: The front yard regulations are the same as those in the "A-3" Single -Family Dwelling Districts; pro- - 14 - vided, however,'an apartment building may have a part of the front wall of said building within fifteen (15) feet of the property line providing that more than fifty (50) per cent of the front wall of said building is set back a minimum of twenty-five (25) feet. 20 SIDE YARD: The side yard regulations are the same as those in the "A=4" Two -Family Dwelling Districts: 3i REAR YARD: The rear ,yard regulations are the same as those in the "A-4" Two -Family Dwelling Districts. 4. INTENSITY OF USE: (a) The intensity of use regulations for a single-family and a two-family dwellings are the same as in the "A-4" Two -Family Dwelling Districts. (b) A lot on which there is erected a multiple dwelling shall contain an area of not less than eighteen hundred (13,800) square feet per family. (c) Where a lot has less, area than herein re- quired and was of record at the time of the passage of this ordin- ance, that lot may be used only for single-family dwelling purposes. ARTICLE-10 "A-6" Multiple Dwelling Districts - SECTION 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, when referred to in this article, are the "A-6" Multiple Dwelling District regulations. SECTION 2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the "A-5" multiple Dwelling Districts. 2, Hotels. 3. Accessory uses and buildings not involving the conduct of a business, store or shop and including storage garages, where. the lot is occupied by a multiple dwelling, hospital, or in- stitutional building. If a storage garage is not a part of the main building it shall be located not less than sixty (60) feet from the front line and not less thanifeet from any side street lines SECTION 3, PARKING REGULATIONS:' Where a lot is occupied i by a two-family dwelling, or a multiple dwelling, a parking space on the lot shall be'provided adequate to accommodate one (1) car for each dwelling unit provided in the main building. SECTION 4. HEIGHT REGULATIONS: No buildings shall ex- ceed three (3) stories or forty-five (45) feet in height except as provided in krticle 18. SECTION 5. AREA REGULATIONS: 1. FRONT YARD: The front yard regulations are the same as those in the Single -Family Dwelling Districtso 2. SIDE YARD: (a) The side yard regulations for buildings not exceeding two and one-half (22) stories in height are the same as those in the "A-4" Two -Family Dwelling Districts. (b) Except as provided in Article 18, there shall be a side yard on each side of a three (3) story building which shall have a width of not less than ten (10) feet. 3. REAR YARD: The rear yard regulations are the same as those in the "A-4" Two -Family Districts. 4. INTENSITY OF USE: (a) The intensity of use regulations for a Single -Family dwelling are the same as in the "A-41' Two -Family Dwelling Districts. (b) A lot containing a two-family dwelling shall have an area of not less than two thousand (2,000) square feet per family. (c) A lot on which there is erected a multiple dwelling shall contain an area of not less than nine hundred (900) square feet per family, except that this r egulation shall not apply to hotels where no cooking facilities are provided in individual rooms or apartments. (d) Vffiere a lot has less area than herein re- quired and was of record at the time of the passage of this ordin- ance, that lot may be used only for single-family dwelling purposes. ARTICLE-11 "B-l" Neighborhood Commercial District Regulations - 16 - �- � r - � �► � � /- ice, 1 %rl SECTION I.- The regulations set forth in this article, or set forth elsewhere in this ordinance, when referred to in this article are the "B-1" Neighborhood Commercial District regulations. SECTION 2. USE REGULATIONS: A building or premises shall be used only for the following purposes; provided,however, that no article or material shall be kept, stored, or displayed outside the confines of the buildings: Districts. 1. Any use permitted in the "Aa-6" Multiple Dwelling 2. Bakery employing not more than five (5) persons. 3. Banks. 4. Barber shop or beauty parlor, 5. Shops for the collection or distribution of gar- ments and materials from dyeing and cleaning establishments. • 6. Garage, except that the repair or storage portion of such buildings shall not be less than twenty (20) feet from the front of the building. 7. Filling stations. 8. Frozen food lockers; ice storage and distributing station of not more than five (5) ton capacity. 9. Office. 10. Parking lots. 11. Restaurants. 12. Sales or show room. 13. Store or shop for the conduct of a retail business, except for sale of beer, liquor, wines, or intoxicating beverages. 14. Studio. 151. Accessory buildings and uses customarily incidental to the above uses, and advertising signs, bill boards and poster panels. Any building used primarily for any of the above enumerated purposes may have not more than forty (40) per cent of the floor area devoted to purposes incidental to such primary use. SECTION 3, PARKING REGULATIONS: 1. One parking space shall be provided for each dwell- ing unit in a structure. 17 2. Commercial -buildings shall provide adequate off- street facilities for the loading and unloading of merchandise and goods within the building or adjacent to a. public alley in such a manner as not to obstruct freedom of traffic movement on the public street. SECTION 4. HEIGHT REGULATIONS: No build=.ng shall exceed two and one-half (22) stories or thirty --five (35) feet in height except as otherwise provided in Article 18. SECTION 5. AREA REGULATIONS: 1. FRONT YARD: The front yard regulations are the same as those in the "A-4" Tyro -Family Dwelling Districts except 1 that the depth of the front yard shall be fifteen (15) .feet. 2. SIDE YkRD: The side yard regulations for dwellings are the same as those in the "A-4" Two -Family Dwelling Districts. In all other cases a side yard,is not required except on the side of a lot adjoining a dwelling district in which case there shall be a side yard not less than five (5) feet. 3. REAR YARD: Except as provided in Article 18, there shall be a rear yard having a depth of not less than twenty- five (25) feet, unless the lot is less than one hundred twenty --five (125) feet in depth and the plat thereof has been duly recorded as provided by law, at the time of the passage of this ordinance in which case the rear yard need not exceed twenty (20) per cent of the depth of such lot. 4. INTENSITY OF USE: The intensity of use regu.i ca- tions are the same as those in the "A-5" 11ultiplc Dwelling District, ARTIGI,E-12 "B-2" Commercial district regulations SECTION 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, v.jhen referred to in this article, are the "D-2" Corv�ercial District ragulati on.s. SECTICI 2. USE RL'GULi-,.TICi1T0. building or premises may be used for any purpose except thefollowing; provided, however, that no article or material shall be kept stored, or displayed out- side the .confines of the building unless it be so screened by fences, walls, or planting that it cannot be seen from a public street: 1. Bakeries employing i.,.ore than five (5) persons. 2. Blacksmith or horse -shoeing shop. 3. Bottling works. 4. Building material storage yard. 5. Carting, express, hauling or storage yard. 6. Contractor's plant or storage yard. 7. Coal, coke or wood yard. J 8. Cooperage works. 9. Dyeing and cleaning works employing more than five (5) persons. 10. Laundries employing more than five (5) perso-As.. 11. Livery stable or riding academy. 12. Lumber yard. 13. Machine shop, 14, Stone monumental works er�q ring more than f �Tc (5) persons. 15. Storage warehouse. 16. V+holesale warehouse or business. 17, Any use excluded from the "C-1" Li.,Ph.t Industrial. Districts. 18. Any kind of manufacturing or .-reatnert other manufacture o- tre:�tment of n�°��duccs c1e^a:ljl ir��:i dental to the conc?act of a retail business conducted on, t1he p-,m1-ses. - 19 - SECTION 3. PARKING REGULATIONS; 1. One parking space shall be provided for each dwell- ing unit in a structure. 2. Commercial buildings shall provide adequate off- street facilities for the loading and unloadi.n, u`f _ arf,,handi.se and goods within the building or in a p<<red court or ar'-j�'.r e`?lt to public alley in such manner as not to obstruct frecdor. -)f-' 1r^_ffi.c movement upon the public street., SECTION 4,. Ii 3THT PLEOTUT:ATIONS : ATo bui.ld ing shall exceed three (3) stories or fo •ty• f'_v (45! feet 1.12 h.eight except as other- wise provided in Article 18, SECTION 5. AREA RFG U LAT I ONS : 1. FRONT YARD: (a). Where all the frontage on one side of the street between two intersecting streets is located in the 11B-2" Commercial District,' there shall be required a .front yard having a depth of not less than fifteen (15) feet except on lots facing on streets named in Article 4, Section 5 (4). Where ;she frontage on one side of the street between two intersecting streets is located partly in the {tB-211`Commercial District and part'--y in one of the "A" residential districts ,d ilt gxdtx �ct,,os' a "B-l" Neighborhood Commercial District, residential front yard requirements of the dt X,,district or of the Neighborhood Commercial District, as the case; may be, shall app1 to the "B-2" Commercial District. (b). Where a lot is located at t-hol intersection of streets, . th fro -..'It yard r•ccu�.remeni;.- of tha a rc,J paragraph shall apply to each street side of the lot: excenI tha`- the buildable width of such lot shall not be reduced to less trap twenty-eight (28) feet, No accessory building shall project beyon(r. the front yard line on either street. 2. SIDE YARD: The side yard regulaU.I.ons for ds.rel.l. ings are the same ae those in the "A-4" Two-Iicrr_i_ly Dwelling tricts. In all other cases a side yard i.e n-,A: requi.r•ed cn the side of the .lot adjoining dwe1l.11i9 d1stric`t, in whir-h ca'3(f there shall be a side yard of not .Loss tr.an f __ve (5) feet. 3. REAR YARD: The rear yard regulations for dwell- ings are the same as in the "A-4" Two Family Dwelling Districts. - 20 - SECTION 5 . AREA REGULATIONS (C ONT I D .) : In all other cases a rear yard is not required except where a lot abuts upon a dwelling district, in which case there shall be a rear yard of not less than fifteen (15) feet. 4. INTENSITY OF USE: The intensity of use regulations are the same as those in the "A-6" Multiple Dwelling District. ART IC LE-13 "B-3" Business District Regulations SECTION 1. The regulations set forth in this article or set forth elsewhere in this ordinance, when referred to in this article, are the "B-3" Business District regulations. SECTION 2. USE REGULATIONS: A building or premises may be used for any purpose except the following; provided, however, that any article or material that is kept, stored, or displayed outside the confines of a building must be so fenced or screened by planting that it cannot be seen from a public streets 1. Acetylene gas manufacture or storage.- 2 . Acid manuf acture . 3. Alcohol manufacture. 4. Ammonia' bleaching powder or chlorine manufacture. 5. Arsenal, 6. Asphalt manufacture or refining. 7. Auto wrecking. B. Blast furnace. 9. Bag cleaning. 10. Boiler works. 11. Brick, tile, pottery or terra Gotta manufacture other than the manufacture of handcraft products only. 12. Candle manufacture. 13. Celluloid manufacture or treatment. 14. Cement, lime, gypsum, or plaster of paris manufac- ture. 15. Central mixing plant for cement, mortar, plaster or paving materials. 16. Coke ovens. 17. Cotton gin. - 21 - SECTION 2. USE REGULATIONS (CONTID.): 18. Cotton seed oil manufacture. 19. Creosote manufacture or treatment. 20. Disinfectants manufacture. 21. Distillation of bones, coal or wood. 22. Dyestuff manufacture. 23. Exterminator and insect poison manufacture. 246, Emery cloth and sandpaper manufacture. 25. Explosives or fireworks manufacture or storage. 26. Fat rendering. __27. Fertilizer manufacture. 28. Fish smoking and curing. 29. Forge plant. 30. Garbage, offal.or dead animals reduction or dump- ing, tion plant, facture, storage of. 31. Gas manuf acturb or storage. 32. Glue, size or gelatine manufacture. 33. Hatchery. 34. Iron, steel, brass, or copper foundry or f abrica- 35. Junk, iron, or rag storage or baling. 36. Match manufacture. 37. Lampblack manufacture* 38. Oilcloth or linoleum manufacture. 39. Oiled rubber goods manufacture. 40. Ore reduction. 41. Paint, oil, shellac, turpentine or varnish manu- 42. Paper and pulp 'manufacture. 43. Petroleum or its products, refining or wholesale 44. Pickle manufacture. 45. Planing mills. 46. Potash works. 47.. Pyroxl in manufacture. 48. Rock crusher. 49. Rolling mill. 50. Rubber or gutta percha manufacture or treatment. - 22 - SECTION 2. USE REGULATIONS (CONTID.): 51. Sauerkraut manufacture.. 52. Salt works: 53. Shoe polish manufacture, 54. Smelting or tin, copper, zinc, or iron ores. 55. Soap manuf acture:co.ther than liquid soap. 56. Soda and compound manufacture; 57. Stock yard or slaughter of animals or fowls. 58. Stone mill or quarry, 59. Stove polish manufacture. 60. Tallow, grease, or lard manufacture or refining from, or of animal fat. 61. Tanning, curing, or storage of raw hides or skins. 62. Tar distillation or manufacture. 63. Ta. roofing or waterproofing manufacture. 64. Tobacco (chewing) manufacture or treatment. 65. Vinegar manufacture. 66. Woolpulling or.scouring. 67. Yeast plant. 68. And in general those uses which may be obnoxious or offensive by reason of emission or odor, dust, smoke, gas or noise, or excessive vibration, SECTION 3. HEIGHT REGULATIONS*,'; ' No' building shall exceed a height at the street line of ten (10).stories or one hundred (100) feet, but above the height permitted at the street line three (3) feet may be added to the height of the building for each one (.1) foot that the building or portion thereof is set back from all street lines, except that the cubical contents of such building shall not exceed the cubical contents of a prism having a, base equal to the area of the lot and a height equal to two and one-half (2z) times the width of the street upon which the building has its maximum frontage. SECTION 4. AREA REGULATIONS 1. FRONT YARD:. No front yard is required except on lots facing streets named in Article 4, Section 5 (4). - 23 - L SECTION 4. AREA REGULATIONS (CONTID.) 2; SIDE YARD: No side yard is required. 3. REAR YARD: No rear yard is required. 4, INTENSITY OF USE: The intensity of Use Regulations are the same as the "B-211 Commercial Districts. ARTICLE-14 "C-111 Light Industrial District Regulations SECTION 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, when referred to in this arti- cle, are the "C-111 Light Industrial District Regulations. SECTION 2. USE REGULATIONS: A building or premise's may be used for any purpose except the .following; provided, however, that any article or material that is kept, stored, or displayed outside the confines of a -building must be so fenced or screened by planting that it cannot be seen from a pub - Lie street: 1. Acetylene gas manufacture or storage. 2. Acid manufacture. 3.. Alcohol manufacture. 4. Ammonia, bleaching powder or chlorine manufacture. 5. Arsenal. 6. Asphalt manufacture or ,refining. 7. Blast furnace. S. Bag cleaning. 9. Boiler works. 10. Candle manufacture. 11. Celluloid manufacture or treatment. 12. ' Cement, lime, gypsum, or plaster of paris manufacture 13. Coke ovens. 14. Cotton gin. 15. Cotton seed oil manufacture. 16. Creosote manufacture or treatment. 17. Disinfectants manufacture. 18. Distillation of bones, coal or wood. 19. Dyestuff manufacture. 20. Exterminator and insect poison manufacture. 21. Emery cloth and sandpaper manufacture. 22. Explosives or fireworks manufacture or storage. 23. Fat rendering. - 24 - 24. Fertilizer manufacture, 25. Fish smoking and curing. 26. Forge plant. 27. Garbage, offal or dead animals reduction or dumping. 28. Gas manufacture or storage, 29. Glue., size or ge lat iva manufacture. 30. Hatchery. 31. Junk, iron, or rag storage or baling, 32. Match manufacture. 33. Lampblack manufacture. 34. Oilcloth or linoleum manufacture, 35. Oiled rubber goods manufacture. 56. Ore veduction, 37. Paint, oil, shellac, turpentine or varnish manufacture, 38. Paper and pulp manufacture. 39. Petroleum or its products, -refining or wholesale stor- age of. 40. Pickle manufacture. 41. Potash works. 42. Pyr oxl in manufacture.. 43. Rock crusher. 44. Rolling mill. 45. Rubber or gutta percha manufacture or treatment. 46. Sauerkraut manufacture 47. Salt works. 48. Shoe polish manufacture, 49. Smelting or tin, copper, zinc, or iron ores. C50. Soap manufacture other than liquid soap. 51. Soda and compound manufacture. 52. Stock yard or slaughter of animals or fowls. 53. Stone mill or quarry. 54. Stove polish manufacture. 55. Tallow, grease, or lard manufacture or refining from; or of animal fat. 56. Tanning, curing, or storage of raw hides or skins. 57. Tar distillation or manufacture. 58. Tar roofing or waterproofing manufacture. - 25 - 59. Tobacco ( chewing) manufacture or treatment. 60. Vinegar manufacture. 61. Woolpulling or scouring. 62. Yeast plant. 63. And in general those uses which may be obnoxious or offensive by reason of emission or, odor, dust, smoke, gas or noise, or excessive vibration. SECTION 3. HEIGHT REGULATIONS. No building shall exceed six (6) stories or seventy-five (75) feet in height except as other- wise provided in Article 18., and where a building is located on a :lot abutting or adjoining a dwelling district, it shall not exceed three (5) stories or forty-five (45) feet in height unless it is set back one (1) foot from all required yard lines for each one (1) foot of additional height above forty five (45) foot. SECTION 4. AREA REGUTA T I ON S o 1. FRONT YARD: (a) Where all the frontage on one side of the street between two intersecting streets is located in the PAC-1" Light Industrial District, no front yard shall be required ex- cept on lots facing streets named in Article 4, Section 5 (4) , pro- vided, however, if all within the "C-1" Light Industrial District and used for residential purposes a front yard of a minimum of ten (10) feet is required. IA!here the frontage on one side of the street between two intersections is located partly in the "C-1" Light Indus- trial District and partly in a dwelling district or a "B-1" Commer- cial District, the front yard requirements of the dwelling district or the "B-1" Commercial District as the case may be shall apply to the "C-1" Light Industrial District. (b) 'Where a lot is located at the inter- section of streets, the front yard requirements of the above para- graph shall apply to each street side of the lot, :. XUUPtx Ma7_3.1M 3��tx�txwzdix�xs�z�x��x�ra��xl�xl��clu&r�slxkox�e�}��x�c�2t`3� _xY No accessory building shall project beyond the front yard line on either street. 2. SIDE YARD.- The side yard regulations are the same as in the "B-2" Commercial Districts, provided, however, when used for residential purposes there shall be side ya rds of a minimum of three (3) feet. 26 - (J p, c. 1 " 1 3. REAR YARD: The rear ' yard regulations are the same as in the IIB-211 Commercial Districts, provided, however, when used for residential purposes there shall be a rear yard of a minimum of fif- teen (15)-foot. SECTION 5. PARKING REGULATIONS: Parking regulations are the same as Section 31, "B-1" Neighborhood Commercial District Regulations. ARTICLE-15 "C-1-S" Special Light Industrial District Regulations SECTION 1. The regulations set forth in this Article, or set elsewhere in this ordinance, when referred to in this Article a?c -tho "C-1-Sif Special Light Industrial District Regulations. SECTION 2. The Use, Parking, Height and Area Regulations are the same as in the "C-11', Light Industrial District, except where the use is for residential purposes; in which event Regulations of the "A-4" District,as to use.. parking, height and area., shall apply. ARTICLE-16 "C-21t Heavy Industrial District Regulations SECTION 1. The regulations set forth in this article, or set forth elsewhere in this ordinance, when referred to in this arti- cle, are the 11C-2" Heavy Industrial District Regulations. SECTION 2. USE REGULATIONS: A building or premises may be used for any purpose whatsoever not in conflict with any ordinance of the City of Beaumont regulating nuisances, except that no building or occupancy permit shall be issued for any of the following uses until and unless the locations of such use shall have been ap1r oved by the governing body . of the City after report by the Fire Depart- nenta Health Department, and City Planning and Zoning Commission. 1. Acid manufacture. 2. Cement, lime, gypsum, or plaster of paris manufacture, 3. Explosives, manufacture or storage. 4. Gas manufacture. 27 - SECTION 2. USE -REGULATIONS (CONT °D .) : 5. Petroleum or its products, refining of. 6. Wholesale storage of gasoline; SECTION 3. HEIGHT REGULATIONS: The height regulations are the same as in the 11C-1" Light Industrial Districts. SECTION 4 : AREA REGULATIONS: 1. FRONT YARD: (a) Where all the frontage on one side of the street between two intersecting streets is located in the "C-2" Heavy Industrial District; no front yard shall be required except oh lots facing streets named in Article 4, Section 5 (4) . Where the frontage on one side of the street between two inter- secting sheets is located partly in the ��C�2f1 Heavy Industrial District and partly in a dwelling district, the front yard re- quirements of the dwelling district shall apply to the "C-2" Heavy Industrial District. (b) Where a lot is located at the intersection of streets, the front yard requirements of the above paragraph shall apply to each street side of the lot, -axzs xthatx_th' xfoutx No accessory building shall project be- yond the front yard line on either street. 2. SIDE YARD: The side yard regulations are the same as in the 11C-1" Commercial Districts, 3. REAR YARD: The rear yard regulations are the same as in the 11C-1" Commercial Districts. SECTION 5, PARKING REGULATIONS: Parking regulations are the same as those in Section 3, "B-1" Neighborhood Commercial District regulations. 11 ART IC LE- 26 / 7 Non -Conforming Uses. -SECTION 1. The use of land which does not conform to the provisions of this ordinance at the time of its effective date may be continued until such time as a structure is erected thereon, and thereafter the use of.the land and building must conform with the pro- visions of this ordinance. SECTION 2. The lawful use of a building existing at the time of the effective date of this ordinance may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non -conforming use of a building may be changed to another hon-conforming use of a. more restricted classifi- cation or to a conforming use, such use shall not thereafter be changed to a less restricted use. SECTION 5. Whenever the use of a building becomes non- conforming through a chmge in this ordinance, Section 2 shall apply. SECTION 4. In the -event that a non -conforming use of aly building or premises is discontinued for a period of two years, the use of the same shall thereafter conform to the use regulations of the district. SECTION 5. No non -conforming use, except'Nvhen required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district, qa k +.r w <4. .,. v'� �{/7'.q1. 4i Os�ia,Mi+�r .n Ll 4�i'.,q+�..e. 'C �i':p '.a�$� ��t�� �:k� '•S�'..iol:aR�id�s%'s' ?mY .99���� L:dW ti �4.Y.J:f+;N 9_,/�4iyy .{ >�R pd ,�y p'l�.y� `{ �?ytlk"bo.�' 4n �� 'kf:3 � '�.^, 33� Yd�� �i. `e:T gWkYl.?'A1 �-�.ii •�R:�at.4?X' 1,�(' +'¢ ^'d�! 4a�.'ndSe%+.i-�.s:Fid'+'ii.�. .�a 4M1 C� Y.=±;�`5 �.�'4_. fcd�9. 4fi 3�Y.}?�^tl �'. Y" - �!:A.W% .nc1'..'�'r �✓h)!�. a,iaa i�`ct �, �`1 K ? A 5. Y�stwv.,p;•�r��yMIV 'ft.y.: $ �.�'.. we i. T'.'..5�'.•�3{LS' !.'a l t' sue' L.;SbI p�§n' r: �"F- �}; ...� T'. AT+1 oaf gG�,2al'4� .+wS.r�� ��t:-�.'1ij.71�' .aL.' �� &Y f vs�.".X..r��: �, �el� kc� �+Z�p ,,#��� S� Li ` e�`v�"v� k tla 4k'r$�4M'�:r.' � � w,p �rks- �$?':K i5^^, ,. �:.,E,2, ... a... � t h �t .�: � n � u z � _T,;' acY �F :6 aH<• ..rc .�,,.. ..� .�.� :;, } f° - �F�� �+ . YF�� � •�Y:-b� ?Y k.m;'>PF rl✓"LL'}' �TF .>Y-4 •>..,✓:' ti�.hVIP" .itid,M �; b'.fr%. �>TM. �It 4$.MW`sy'.RL�+N @SkfW�'1v^�91W':��. �".��.Y'. Y•aL.cRYw'1J,�. "(^^'..JV>.N°�}.�tlC••- a �F rc44��H d;; d,SK p ya 40.0. r e•s,4 p, t•pyz e*ryza 5 i F,.� •'�A?m'aS.F�1.ryl "ci:id .9' � a> J +.� ti;� :5,? 'r5S. i�..ti },e4y' ,i'�wesry v s.x. ��',t'b ,y "i*'�\NyK �a/-ti�i����= ys� .��:4��•M� \S•�RI!' 1�/i S.i ;3:�`y.` :.lu lLlxdYF$W��i« Q.Rr `r�.j��rlA�Q.=4�' KY,kY �k'�„rj• ieY.a.+..:� � �.ad V �:�1'F.�iA 4ffi Ma"� ',r:arr.71. aw>, ��' 3i'vrod, �t .t 4l S wa!v'Q��k .M t":�(^"My`eO '$hV tS.� *�'q �uM�.,�' odl b' ROAI'.' �+t4.lp ?7.; k• '!u3>w .ti�.k'* �.. ' � �• � � 1...��;. if t `I the time of the effective date of this ordinance. SECTION 9. The governing body of the City of Beaumont may, by special permit after public hearing, authorize the location of any of the following buildings or uses in a district from which they are prohibited by this ordinancet 1. Any public building erected and used by any depart- ment of the City, County, State., or Federal Government. 2•1. Hospitals, and clinics, and institutions of an edu- cational, religious, philanthropic, or eleemosynary character, pro- vided that the building shall be set back from all yard lines a dis- tance of not less than two (2) feet for each foot of building height., and provided off-street parking facilities of one parking space for each five ( 5 ) beds for hospitals are included. 3. Cemetery. 4. Community building or r ecreation field. 5. Airport or landing field. 6. Nurseries and greenhouses, provided that any such structure shall not be less than 100 feet from all property lines. 7. Trailer and tourist camps within the "B-1", 11B-2113 11B-311' ttC-111, "C-211 districts. S. Miniature golf courses and driving ranges. 9. Temporary commercial amusement enterprises, includ- ing, among other things, circuses and carnivals. 10.. Parking lots adjacent to, across a street from', or across an alley from, a ttB-l" Neighborhood Commercial District or a "B-a" Commercial District. Before issuance of any special permit for any of the above buildings or uses, the City Commission shall refer the proposed appli- cation to the City Planning and Zoning Commission, which City Planning and Zoning Commission shall be given thirty (30) days in which to mtk e a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building_ or use above referred to until and unless the report of the City SECTION 10 (CONTID.); Planning and Zoning Commission has been filed; provided, however, the if no report is received from tho City Planning and Zoning Commission within thirty (30) days, it shall be assumed that approval of the application has been given by the said City Flaming and Zoning C om- mission. ARTICLE 27 / 9 Community Unit Plan SECTION 1. The owner or owners of any tract of land com- prising an area of not less than twenty (20) acres may submit to the governing body of the City of Beaumont a plan for the use and develop- ment of all of the tract of land for residential purposes. The development plan shall be referred to the City Planning and Zoning Commission for study and report and for public hearing. If the City Planning and Zoning Commission approves the development plan, the plan, together with the recommendation of the City Planning and Zoning Commission 'shall then be submitted to the governing body of the City for consideration and approval: The redommendations of the City Planning and toning Commission shall be accompanied by a report stat- ing the reasons for approval of the application and specific evidence and facts showing that the proposed community unit plan meetja the following conditions; 1. That property adjacent to the area included in the plan will not be adversely affected. 2. That the plan is consistent with the intent and purposes of this ordinance to promote public health, safety, morals, or general welfare. 3. That the buildings shall be used only for single- family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses, such as garages, storage space, and community activities, including churches. 4. . That the average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located. IT ig rl_ If the governing body of the City of Beaumont approves the plan, building permits and certificates of occupancy may be issued even though the use of land and the location -of the buildings to -be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regula- t-ions of the district in which it is located. SECTION 2. The owner or owners of a tract of land compris- ing an area of not less than five (5) acres, the majority of which is located in the commercial or an industrial district, may submit to the governing body of the City of Beaumont a plan for the use and develop- ment of all of the tract of land for commercial purposes. The development plan shall be referred to the City Planning and Zoning Commission for study and report and for public hearing. If the Com- mission approves the development plan, the plan, together with the recommendation of the Commission, shall then be submitted to the governing body for consideration and approval. The recommendations of the Commission shall be accompanied by a report stating the reasons for approval of application and specific evidence and facts showing that the proposed plan meets the following conditions; 1. That property adjacent to the area included in the plan will not be adversely affected. 2. That the plan is consistent with the intent and purpose or this ordinance to promote public health, safetyt morals, or general welfare. 3. That the buildings shall be used only for rotail . stores and shops together with the usual accessory uses%. 4. That no buildings shall be erected closer than fifty (50) feet to any lot line. 5. That one parking space be provided for each one hundred (100) square feet of total floor space in the building or buildings. 6. That no building exceed two -and -one-half (22 ) stories or thirty-five (35) feet in height. If the governing body approves the plan, building per- mits and certificates of occupancy may be issued, even though the use of the land and the location of buildings to be erected in the area, �u�i� and the yards and open -spaces do not conform in all respects to the district regulations of the district in which it is located. ART IC LE M / 9 Additional Use, Parking, Height and Area Regulations SECTION 1. The regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regu- lations appearing elsewhere in this ordinance. 1. Public, semi-public or public service buildings, hospitals, sanitariums, or schools, when authorized in a district, may be erected to a height not exceeding sixty (60) feet, and churches, when permitted in a districts may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each property line at lease one (1) foot for each foot of additional building height above the height limit otherwise provided in the district .in which the building is built. 2. Single-family dwellings and two-family dwellings in the dwelling distriets may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided, but they shall not exceed three (3) stories in height. 3. Multiple dwellings when permitted by the district regulations may exceed established height regulations provided inten- sity of use regulations are complied with. . 4. Hotels when permitted by the district regulations may exceed established height regulations if.the building complies with all other regulations and is set back from each property line at least one (1) foot for each four (4) feet of building height and pro- vides not less than 300 square feet of lot area per hotel room., 5. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stakes, stage towers, or scenery lofts, tanks, wator towers, ornamental towers, and spires, wireless tow©rs, or necessary mechanical appurtenai ees� may be erected to a height in accordance with existing or hereafter adopted ordinances of the City of Beaumont, s � r 6. Buildings on through lots and extending through from street to street may waive the requirements for a rear yard by fur- nishing an equivalent open space in lieu of such required rear yard. 7. Accessory buildings which are not a part of the main building may be built in a rear yard within three. (3) feet_ of the rear lot linei, and within three (3) feet of the side yard line except on corner lots. An accessory building which is not a part of the main build- ing shall not occupy more than thirty (30) per cent of the required rear yard and shall not exceed two (2) stories in height. S. No accessory building ,shall be constructed upon a lot until the construction of the main building has been actually com- inenced, and no accessory building shall be used unless the main building on the lot is also being used. 9. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and ex- cept for the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features. 10. Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five (5) feet, and the ordinary projections of chimneys and flues are permitted. 11. Places of public assembly including, among other things, theatres, assembly halls, and auditoriums, whether in separate build- ings or a part of another building, when constructed in any part of the City of Beaumont with the exception of the "B-3" Business Dis- trict shall provide one off-street parking space for every five seats in the place of public assembly, said parking space to be provided on the same lot as the place of public assembly or on a permanently reserved space on another lot within three hundred (300) feet of said place of public assembly. 12. On any corner lot on which a front or side yard is re- quired, no wall, fence, sign, or other structure or any plant growth shall be maintained within twelve (12) feet of the intersection. 13. Two -Family Dwellings in those locations in the "A-2" and "A-3" Single, -Family Dwelling districts where, at the t ime of the effective date of . this ordinance, forty (40) per cent or more - S�z — of the frontage on both sides of a street beween two (2) intersecting streets is occupied by two-family dwellings or two-family and multiple family dwellings; provided, however, that the area and parking regu- lations of the "A-4" Two=Family Dwelling Districts are complied with. 14. Multiple Dwellings in those locations in the "A-4" Two - Family Dwelling District, where at the time of the effective date of this ordinance, forty (40) per cent or more of the frontage on both sides of a street between two (2) intersecting streets is occupied by multiple dwellings; provided, however, that the area and parking re- gulations of the "A-5" Multiple Dwelling District are complied with. 15. A two-family dwelling shall be considered as one main building occupying one (1) lot. ART IC LE XF a2 0 Board of Adjustment 'SECTION 1. A board of Adjustment is hereby established. SECTION 2. The Board of Adjustment shall consist of five members, three of whom shall serve for a term of two (2) years, and two of whom shall serve for a term of one (1) year, and may be re- moved for cause by the governing body of the City of Beaumont upon written charges and after public hearing. Vacancies shall be filled by the governing body of the City for the unexpired term of any mem- ber whose term becomes vacant. SECTION 3. The Board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be helc at the call of the chairman and at such other times as the board may determine. Such chairman, or,in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The Board shall keep min- utes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and, shall keep records of its examinations and other official actions, al_ of which shall be immediately filed in the office of the board and shall be a public record. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under J-6- any such ordinance, or to effect any variation in such ordinance. SECTION d. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Beaumont affected by any decision of the building in- spector. Such appeal shall be taken within n r easondble time, as pro- vided by the rules of the board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof, and by paying a filing fee of three dollars ($3.00) to the Tax Collector of the City of Beaumont, at the time the notice is filed, which shall be credited to the Gen - oral Fund of the City of Beaumont. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers consti- tuting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause i.nmiinent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be grunted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on the cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decided the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. SECTION 5, The Board of Adjustment shall hare the follow- ing powers; 1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determina- tion made by an administrative official in the enforcement of this ordinance • 2, When a property owner can show that a strict appli- cation of the terms of this ordinance relating to the use, construc- tion or alteration of buildings or structures or the use of land will _ I yry Impose upon him practical difficulties or particular hardships, the Board may consider and allow variations of the strict application of the terms of this ordinance if the variations are in harmony with the general purpose and intent of this ordinance and the Board is satis- fied, under the evidence heard by it, that a granting of the variation will not merely serve as a convenience to the applicant but will alle- viate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this ordinance created. The Board may authorize a variance where, by reason of ex- ceptional narrowness, shallowness or shape of a specific piece of pro- perty of record at the time of the adoption of this ordinance or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this Ordinance would result in peculiar and exceptional practical difficulties and particular hard- ship upon the owner of the property and amount to a practical confis- cation of the property as distinguished from a mere inconvenience to the owner, provided the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as ostablishod by the regulations and provisions contained in this ordinanco. 3. The Board may allow the following exceptions: (a). Permit, in the case of a residence located in an "A-2" or "A-3" Single -Family Dwelling District, the use of such promises by two families when it is conclusively shown that it is im- practical for it to be used for single-family dwolling purposes because of unusual sizo or physical condition of the building; pro- vidod, however, that no structural alterations shall be made, the exterior design -of the structure shall not be changed and the building shall be removed within ^ period of not more than ten (10) years from the date of the issuance of the permit f (b). Permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare., SECTION 6. 1. In exercising the above -mentioned powers such board may, in conformity with the provisions of this Act, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirements, de- cision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 2. In considering all appeals and all proposed varia- tions to this ordinance the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the District Niap and will not impair an ade- quate supply of light and air to adjacent property, or materially in- crease the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established pro- perty values within the surrounding area, or in any other respect im- pair the public health, safety, comfort, morals, and w elfare of the City of Beaumont. 3. Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence,.specifying the reason for granting or denying the varia- tion. SECTION 7. Any person or persons, -jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of, adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance'of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application., on notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the ground of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that tes- timony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civic actions and proceedings. ARTICLE at Occupancy Permits SECTION 1. No land shall be occupied or used and no build- ing hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certifi- cate is issued by the Building Inspector, stating that the building and use comply -with the provisions of this ordinance, and the build- ing, housing, and health ordinance of the City of Beaumont. No change of use shall be made in any building or part thereof now or hereafter erected or structurally altered without a permit being issued there- for by the Building Inspector. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this ordinance. 1 -T :.-2 SECTION 2. Nothing in this article shall prevent the con- tinuance of a non -conforming use as hereinbaf ore authorized unless a discontinuance is necessary for the safety of life or property. SECTION 3. Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building per- mit, and shall be issued within ten (10) days after the lawful erec- tion or alteration of the buildings is completed. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. SECTION 4. No permit for excavation for, or the erection or alteration of any 'building shall be issued before the application has been made for certificate of occupancy and compliance, and no building or premises shall be occupied until that certificate and permit is issued. SECTION 54 A Certificate of Occupancy shall be required of all Non -Conforming Uses. Application for Certificate of Occupancy for Non -Conforming Uses shall be filed within twelve (12) months from the effective date of this ordinance accompanied by affidavits of proof that such non -conforming use was not established in violation of any ordinance of the City of Beaumont. ARTICLE QQ _2-,�_ Plats SECTION 1. Each application for a building permit shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this ordinance. A record -of applications and plats shall be kept in the office of the building inspector. ARTICLE = -22 Boundaries of Districts SECTION 1, RULES WHERE UNCERTAINTY MAY ARISE: Where un- certainty exists with respect to the boundaries of the various dis- tricts as shown on the map accompanying and made a part of this ordi- nance, the following rules apply: 1. The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. 2. Where the district boundaries are not otherwise indicated, and .where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the map accompany- ing and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the dis- tricts unless the boundaries are otherwise indicated on the map. 3. In unsubdivided property, the district boundary lines on the reap accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map. ART IC LE 96 -2- �1 Interpretation, Purpose, and Conflict SECTION 1. In interpreting acid applying the provisions of this ordinance, they shall be held to be the mindinum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in con- flict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of building or premises, and likewise not in conflict with this ordinance; nor is it-- intended,by this ordinance to interfere with or abrogate or annul..any easements, covenants or other agreements between parties, except that, if -this ordinance_- imposes a greater restriction, this ordinance shall control. ARTICLE W. ---' Amendments SECTION 1. The governing body of the City of Beaumont may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. 1 4 SECTION 2. Before taking action on any proposed amendment, supplement, or change, the governing body shall submit the same to the City Planning and Zoning Commission for its recommendation and report, SECTION 3. A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication three times in the official publication of the City of Beaumont, stating the time and place of such hearing, which time shall not be earlier than fif- teen days from the first date of such publication. SECTION 4. The governing body of the City of Beaumont shall not amend, supplement, change, modify, or repeal any regulation, re- striction or boundary where a protest against such change, signed by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, has been filed, except by the favorable vote of three fourths of all the members of the governing body. SECTION 5. The City Planning and Zoning Commission of the City of Beaumont is hereby appointed the Zoning Commission under the authority contained in the Acts of 1927, 40th Legislature, Chapter 283. ARTICLE Violation, Penalty, and Enforcement SECTION 1. Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be deemed guilty of a misdemeanor and shall be liable to a fine of not more than `y 100.00, and each day such viola- tion shall be permitted` to e xist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, individual person, or corpora- tion employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and upon conviction shall be fined as herein provided. SECTION 2. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this ordi- nance, the building inspector, in addition to other remedies, may institute any proper action or proceedings in the name of the City of Beaumont to prevent such unlawful erection, construction, reconstruc- tion, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about said premises. ARTICLE W _t % Validity SECTION 1. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. PASSED by the City Commission, this the /3-C�, day of , A. D. / Mayor