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HomeMy WebLinkAbout827-OB DATE: December 17, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for amendments to the Zoning Ordinance, Sec. 28.03.018(g)(3)(F), Sec. 28.03.018(h), Sec. 28.03.023(e), Sec. 28.04.008(b)30 and Sec. 28.04.008(b)31 FILE: 827-OB STAFF REPORT The Planning Manager recommends approval. The Planning Staff is recommending changes be made to Sec. 28.03.018, Sec. 28.03.023 and Sec. 28.04.008 of the Zoning Ordinance. The first two sections deal with fences and the review procedures within a historic district. The Historic Landmark Commission requested that staff consider making changes to the fencing requirements within the historic district regulations after a sheet metal fence was constructed in the Oaks Historic District. In addition, the Historic Landmark Commission considered re-inserting portions of the review procedures for certificates of appropriateness after those portions had inadvertently been left out during a previous amendment. The Historic Landmark Commission approved the following changes on December 10, 2012. Staff also is recommending changes to the Zoning Ordinance that deal with recent issues that staff has dealt with. One change deals with the prohibition of storing mobile food units in residential districts. The second change deals with the prohibition of using eighteen (18) wheeler trailers for storage. The recommended changes are as follows: Sec. 28.03.018(g)(3)(F) (3) Fences. The director may approve a fence not in compliance with this paragraph if the applicant establishes the fence is historically sensitive or unless the absence of said fence poses a significant hazard to life or property. (A) Form. Fences must be constructed and maintained in a vertical position. (B) Height. Within a front yard, no solid fence or wall shall be erected to exceed a height of four (4) feet, unless a taller fence is required to screen off-street parking or screen incompatible land uses as required in Section 28.04.006 of the Code of Ordinances. In no circumstances shall a solid wall or fence located in a front yard exceed a maximum of six (6) feet. A fence or wall that is at least eighty (80) percent open may be erected to a maximum height of six (6) feet. (C) Location. (i) A fence in an interior side yard must be located no further forward on the lot than the front of the main building. (ii) A fence in a corner side yard must not be directly in front of the corner side facade, except that the director may allow a fence that is directly in front of the corner side facade if: a. More screening is necessary to insure privacy due to unusually high pedestrian or vehicular traffic; and b. The fence does not screen all or any portion of a significant architectural feature of the main building. (iii)A fence must run either parallel or perpendicular to a building wall or lot line. (D) Materials. A fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted. (E) Masonry columns and bases. (i) The color, texture, pattern and dimensions of masonry and the color, width, type and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practible. (ii) All exposed brick in a fence column or base must be fired brick as defined by the American Standard Testing Materials Designation C-126-75A, Type FBS-SW. (F) Metal fences. Wrought iron and metal fences must be compatible with the style and period of the main building. Chain link, barbed wire and razor wire fences are permitted only in back yards and must not be visible from any abutting streets. (G) Wooden fences. (i) All wooden structural posts must be at least four (4) inches by four (4) inches in diameter (nominal size). (ii) The side of the wooden fence facing a public street must be the finished side. (iii)Wooden fences may be painted or stained a color that is complimentary to the main building. Sec. 28.03.018(h) (h) Review procedures for certificates of appropriateness in an historic district. (1) In general. The review procedure for maintenance, replacement, additions, deletions and new construction apply to any historic district except as expressly modified by this section. (2) Time limit. Certificates of appropriateness shall be valid for a period of six (6) months from time of issuance. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the planning manager for the application, provided the extension is requested in writing and justifiable cause is demonstrated. If work ceases for ninety (90) days, the applicant must reapply. (3) Actions not requiring review. (A) Routine Maintenance and Replacement. Routine maintenance and replacement includes processes of cleaning (including water blasting and stripping) and replacing with like kind, duplicating, or stabilizing deteriorated or damaged architectural features (excluding paint color). (B) Minor alterations. A certificate of appropriateness is not required for the following minor alterations: (i) The maintenance of: a. fences b. signs c. pavement (ii) The restoration of original architectural elements to original specifications. (iii)Interior renovations and remodeling. (4) Actions requiring review by the planning manager. In addition to other applicable permitting, the Planning Manager shall review, within thirty (30) days of acceptance, an application for a certificate of appropriateness for the following minor exterior alterations. Applications requiring review by the Historic Landmark Commission shall be forwarded by the Planning Manager to the Commission within thirty (30) days of receipt of said application. The Planning Manager shall determine whether the proposed work complies with the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances. If the proposed work complies, the Manager shall grant the certificate. (A) The application, installation or replacement of: (i) fences (ii) existing paint of any legally nonconforming color (iii)paint that complies with the officially adopted Acceptable Color Range as maintained in the office of the Planning Manager; (iv) trim colors (v) signs (vi) pavement (vii)security bars (viii) windows. (B) The demolition, construction, placement or relocation of an accessory structure. (5) Review by the Historic Landmark Commission. (A) The standards contained in this section should be used by the Historic Landmark Commission in making its decisions concerning a certificate of appropriateness. (B) The Historic Landmark Commission shall review, within thirty (30) days of receipt, all applications for certificates of appropriateness forwarded to it by the Manager, most notably including the demolition, construction placement or relocation of any main structure. In reviewing an application, the Historic Landmark Commission shall determine whether the proposed work complies with the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances. If the proposed work complies, the Historic Landmark Commission shall grant the certificate. (C) Except as otherwise provided in this section, if the proposed work does not comply with the preservation criteria and regulations contained in this or any other applicable ordinance, the Historic Landmark Commission shall deny the certificate. (D) If the proposed work will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface in an historic district, or of an historic district as a whole, the Historic Landmark Commission shall grant the certificate. In determining whether the proposed work constitutes the restoration of original architectural elements, the Historic Landmark Commission shall consider all available materials, including but not limited to photographs and drawings showing the original appearance of the building and its surrounding property at the time of construction. (E) If the proposed work is not addressed by the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances, and will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface of an historic district, or of an historic district as a whole, the Historic Landmark Commission shall grant the certificate. (6) Who may appeal. Only the applicant and/or the property owner may appeal a decision by the Manager or the Historic Landmark Commission to deny a certificate of appropriateness. An appeal of a decision of the Planning Manager must be undertaken in the manner outlined in the City of Beaumont Code of Ordinances (Sec. 28.02.005). An appeal from a decision of the Historic Landmark Commission must be taken to City Council within ten (10) business days after the decision has been rendered. (7) Exceptions. Properties which are determined by the Planning Manager to be threats or hindrances to the health, safety, morals and general welfare of the citizens of Beaumont shall be automatically exempted from the certificate of appropriateness review. Sec. 28.03.023(e) ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM-RCR RCR-NC NSC GC-MGC-MDCBD C-M LI HI PUD GROUP M H H D -2 75 AUTOMOTIVE REPAIR SERVICES AND PARKING (as notied) 26, 30 S S S P S S P P P S 752 Automobile Parking 0 Sec. 28.04.008(b)30 30. Eighteen (18) wheeler trailers shall not be used as storage units except in the LI and HI Districts. Sec. 28.03.023(e) ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM-RCR RCR-NC NSC GC-MGC-MDCBD C-M LI HI PUD GROUP M H H D -2 58 EATING AND DRINKING PLACES (as notied) S S S P P S P P P P S 5812 Eating Places (inc. Carry Out 26(9) 11, 31 Caterers Sec. 28.04.008(b)31 31. Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H Districts.