HomeMy WebLinkAboutApril 7 2021 PC Packet*AGENDA*
PLANNING COMMISSION
April 7, 2021
WORKSHOP - PLANNING COMMISSION & CITY COUNCIL
City Council Chambers, City Hall, 801 Maim St. — 3:00 P. m.
The meeting will also be broadcast on the City's YouTube channel:
https://www.youtube.com/channel/UCnY6nNk8zfXZuIMglzbwEBg
6V.1W0 tD1z§17:1L
ROLL CALL
JOINT PUBLIC WORKSHOP
1) Review and discuss changes to the sign ordinance, specifically amendments to the Zoning Ordinance
concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005,
28.04.006, and 28.04.008(22).
PZ2021-17
OTHER BUSINESS
ADJOURN
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are
requested to contact Kaltrina Minick at 880-3777.
DATE: April 7, 2021
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Request for amendments to the Zoning Ordinance concerning signage, Sections
28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and
28.04.008(22).
FILE: PZ2021-17
STAFF REPORT
As a result of court cases such as Reed v. Town of Gilbert, Arizona and Reagan National
Advertising v. City ofAustin, Texas, most city sign ordinances and many state statutes regulating
signs are now subject to challenges of being unconstitutional. The decisions relate to the heavy
burden that cities have to justify regulating speech. The courts have essentially said that if a city
or state has to read a sign to enforce their ordinance, it is problem unconstitutional. The issue for
Beaumont and most cities' sign ordinances is that being able to read a sign is critical to their
enforcement. In an attempt to comply with these decisions, the Planning Staff is recommending
amendments to Sections 28.01.004, 28,03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.006 and
28.04.008(22) of the Zoning Ordinance.
The proposed amendments offer new language that will allow a reasonable number, size and
design of signs for differing uses in differing zoning districts while substantially retaining the
established regulatory schemes of citywide sign rules as well as special sign rules specific to the
historic and overlay districts. In addition, new definitions of advertising signs and on -premise
signs will allow for the ongoing enforcement of billboards without the need to rely on the content
of the sign to do so.
Exhibits are attached.
Dwelling. multiple farm!}!. Any building or portion thereof, which is designed, built,
rented, leased or intended to be occupied as three (3) or more dwelling units or
apartments and which includes facilities for food preparation and sleeping.
Avellh!& sirr lg e fandN. A detached building having accommodations for and occupied
by not more than one (1) family. Only one (1) single-family dwelling shall be
permitted as a primary use on a lot or parcel of land.
Dwelling nvofamilx. A detached building having accommodations for and occupied by
not more than two (2) families. In calculating minimum lot area, a two-family
dwelling shall be considered to be two (2) dwelling units.
Dwelling unit. A building or portion of a building which is arranged, occupied, or
intended to be occupied as living quarters for one family.
Family. Any number of individuals living together as a single housekeeping unit, in
which not more than three (3) individuals are unrelated by blood, marriage or
adoption.
F1aQ. A fabric or cloth display affixed by not more than one side of the cloth or fabric-------- Formatted: Indent: Lek: 0°, First line: 0"
shape to a freestanding pole or post not less than eight 8) feet in height or attached to
a structure by pole or post not more than five (5) feet in length.
Floor area. gross. The total floor space within the outside dimensions of a building
including each floor level.
Floor area. net. The area actually occupied not including accessory unoccupied areas
such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical
area or other features.
Garage sale. Sale of used household or personal articles such as furniture, tools, or
clothing held on the seller's premises. Yard sales, sidewalk sales, rummage sales,
estate sales and similar activities are considered garage sales and are classified under
Used Merchandise Stores, SIC Group #593.
Group residential care facilib . Establishments primarily engaged in the provision of
residential social and personal care for persons with some limits on ability for self -
care, but where medical care is not a major element. These establishments are listed in
the U.S. Office of Management and Budget's Standard Industrial Classification (SIC)
Manual as Industry,118361.
Nonconforming lot. A lot whose width, area or other dimension does not conform to the
district regulations of this chapter and which was a lot of record or lawfully existed at
the time the regulations with which it does not conform became effective.
Nonconforming use. A nonresidential use of a building or land which does not conform
to the use district regulations of this chapter and which lawfully existed at the time the
regulations with which it does not conform became effective. A lawful conforming
use existing at the time of the adoption of this chapter shall not become
nonconforming as a result of a specific use permit requirement.
Open space. Area included in any side, rear or front yard or any unoccupied space on
the lot that is open and unobstructed to the sky except for the ordinary projections of
cornices, eaves, porches and plant material.
Planned unit development. A district with development characterized by a unified site
development plan which may provide for a mixture or combination of residential,
recreation and open space, and commercial uses.
Registered child care home. A home -based child care facility where the caregiver cares
for up to six (6) children under the age of fourteen (14); they may also take in up to
six (6) more school -age children. The number of children allowed in a home is
determined by the ages of the children. No more than twelve (12) children can be in
care at any time, including children of the caregiver.
ShQoin cater. A group of commercial establishments which is planned, developed,
owned, and managed as a unit related in its location, size and type of shops to the
trade area that the unit serves.
Si n. Any permanent, temporary, or portable structure or part thereof, or any device
attached to, painted on, or represented on a building, fence, or other structure, upon
which is displayed or included any letter, word, mode, banner, flag, pennant, insignia,
decoration, device, or representation used as, or which is in the nature of, an
announcement, direction, advertisement, or other attention -getting device.
Sign, advertising. n . sigii, other than ;aellti fieatie SigH,_ hie
a:,.o, is attention to a business,^-' *• ^ o . A sign, often referred to as a
billboard, intended to be leased, or for which payment of any type is intended to be or
is received, for the display of any good, service, brand, slogan, commercial message,
product, or company, except that the term does not include a sign that is leased to a
business entity and located on the same property on which the business is located or a
sign located on property owned or leased for the sole purpose of displaying a sign.
Sign area. The sign area shall be the area of rectangular enclosures of the entire sign
other than structural supports.
Sign, electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign. A -sign
Sign, ►nobile. Signs which are on or, otherwise affixed to, trucks, automobiles, trailers
or other vehicles used primarily, t�pport or display such signs while parked.
Simon, oimer identi icatio,r. A sign other than an advertising sign which is located on the
same lot or development as the good or service for which the sign is intended and is
not intended to be leased, or for which payment of any type is intended to be or is
received, for the display of any good, service, brand, slogan, commercial message,
product, or company. efily to the use of that premises and whieh eentain
information pei4aining to tlie narne of the owner, occupant, or management asseeiated
with !he use of " . . '_ Pie kind of business of the brand name of the pr-ineipal
eemmedity sold on the premises, or other- infer-matien relative to a ser;,*-P-.P, A-Fac-Aivily
producis b4,
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.
Sign, lenrpaa►j,. A nonillutn_ inated poster or display constructed of paper, cloth, plastic ---- Formatted: Font: Italic
-- - - - - - - - - --------
sheet, cardboard, plywood, or other like materials that appears to be intended to be
displayed for a limited period of time.
Struclural alterations. Any change in the supporting or structural members of a building,
including but not limited to bearing walls, columns, beams or girders, or any
substantial change in the roof or in exterior walls.
Structure. Anything constructed or erected, the use of which requires permanent
location on the ground or attached to something having permanent location on the
ground.
Ten►porwy portable storage container. A purpose-built, fully enclosed, box -like container
that is designed for the temporary storage of furniture, clothing or other personal or
household belongings as part of the process of household renovation or moving or the
relocation of household belongings to an off -site commercial storage location. Such
containers shall not be used to store solid waste, business inventory, commercial
goods or any illegal or hazardous materials, nor shall such containers be used for
human or animal occupation. Such containers are uniquely designed for ease of
loading to and from a transport vehicle.
Townhouse. A row of three (3) or more attached, one -family dwellings, separated by
vertical party or lot -line walls, and each having private entrances.
Trailer park. See recreational vehicle court or park, mobile home park, mobile home
subdivision in article 24.06 of the city code.
Use. The purpose for which land or a building is arranged, designed or intended, or for
which land or a building is or may be occupied or maintained.
filinery. A retail establishment that manufactures, bottles, labels and packages wine
containing not more than twenty-four (24) percent alcohol by volume for an adult in
an amount not to exceed fifty (50) gallons annually for the personal use of the adult
and where wine is dispensed for consumption on the premises of the winery.
Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from
the ground upward except for fences and walls.
Yard front. A yard extending across the full width of the lot, the depth of which is the
minimum horizontal distance between the front lot line and a line parallel thereto on
the lot as specified in each zoning district.
Yard, rear. A yard extending across the full width of the lot, the depth of which is the
minimum horizontal distance between the rear lot line and a line parallel thereto on
the lot as specified in each zoning district. On corner lots, the rear yard shall be
considered as parallel to the street upon which the lot has its least dimensions. On
both corner and interior lots, the rear yard shall in all cases be at the opposite end of
the lot from the front yard.
Yard, side. A yard between a building and the side lot line, extending from the front
yard or front lot line where no front yard is required, to the rear yard. The width of the
required side yard shall be measured horizontally from the nearest point of the side lot
line toward the nearest part of the building.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-39, see. 1, adopted 4/6/82;
Ordinance 82-89, sec. 1, adopted 8/17/82; Ordinance 82-109, sec. 1, adopted 9/14/82;
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resolved by utilizing the appeal power of the board of adjustment as set forth in
section 28.02.002 [28.02.005] of the zoning chapter.
(d) General restrictions. Except as hereinafter otherwise provided, no land or building
shall be used, and no building, structure or improvement shall be made, erected,
constructed, moved, altered, enlarged or repaired, for any purpose or in any manner
except in accordance with the requirements established in the district in which such
land, building, structure, or improvement is located, and in accordance with the
provisions of this chapter.
(e) Residential use restrictions. Whenever the specific district regulations pertaining to
one district permit residential uses of a more restricted district, such residential uses
shall be subject to the conditions as set forth in the regulations of the more restricted
district unless otherwise specifically stated.
(f) General purpose and description provisions. Paragraphs included within the district
regulations in article 28.03 hereof entitled "general purpose and description" contain
general descriptive information to provide the reader with a conceptual understanding
of the general legislative intent of the district indicated. The provisions of such
paragraphs are directory and not mandatory.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-62, sec. 1, adopted 6/15/82;
Ordinance 90-18, sec. 1, adopted 3/27/90; Ordinance 98-7, sec. 1, adopted 2/3/98;
Ordinance 05-034, sec. 1, adopted 3/29/05; 1978 Code, sec. 30-5; Ordinance 08-106,
sec. 1, adopted 11/25/08)
9- u See. 28.01.006 Annexation zoning policy
(a) Temporary designation; proceeding to give permanent designation. All territory
annexed to the city hereafter shall be temporarily designated as R-S, Single -Family
Dwelling District, until permanently zoned by the city council. The planning
commission shall, as soon as practicable after annexation of any territory to the city,
institute proceedings on its own motion to give the newly annexed territory a
permanent zoning classification, and the procedure to be followed shall be the same as
is provided by law for the adoption of original zoning regulations.
(b) Building_ permits. In an annexed area temporarily classified as R-S, Single -Family
Dwelling District, no permit for the construction of a building other than those
permitted in an R-S, Single -Family Dwelling District, shall be issued by the building
official unless such permit has been specifically authorized by the city council.
Permits for the construction of buildings in newly annexed areas prior to permanent
zoning may be authorized by the city council under the following conditions: An
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application for any use shall be made to the building official in accordance with the
provisions of the building code, and if such application is for a building other than one
permitted in an R-S, Single -Family Dwelling District, it shall be referred by the
building official to the planning commission for consideration and recommendation to
the city council. When such a recommendation is filed with the city council, it shall be
advisory only, and the city council may grant or deny the application as the facts may
justify.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-6)
9- A- ARTICLE 28.02 ADMINISTRATION
9- L 4�+ Sec. 28.02.001 Enforcement, violations and penalties
(a) Enforcement. The provisions of this chapter shall be administered and enforced
by the planning director or his designee. Each application for a building permit shall
be accompanied by a site plan in duplicate drawn to scale, showing the actual
dimensions of the lot to be built upon, the size, shape, and location of the building
and/or structure to be erected, and such other information as may be necessary to
provide for the enforcement of this chapter.
(b) Violations and penalties. Any person, firm, corporation or entity that violates or
assists in the violation of any of the provisions of this chapter or fails to comply with
any of the requirements thereof, or who shall build or alter any building or use in
violation of any plan or permit submitted and approved hereunder, shall be guilty of a
misdemeanor and upon conviction shall be punished as provided in section
1.01.009 of the Code of Ordinances of the city. Each day such a violation exists shall
constitute a separate offense.
(c) Civil remedies. In order to enforce the provisions of this chapter, the city attorney
is authorized to institute any civil action in the appropriate court upon the prior
approval of the city manager.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, sec. 8, adopted
12/14/82; 1978 Code, sec. 30-34)
State law reference -Enforcement of land use restrictions in plats and other instnunents, V.T.C.A., Local
Government Code, sec. 212.005.
9- A. Sec. 28.02.002 Issuance of building permits and utility service
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(m) Validity. If an application is granted by the board, all permits necessary for the
prosecution of the work must be obtained within one (1) year and construction
completed within the time established by the building code. All previous applications
approved by the board for which building permits have not been issued shall be valid
only if a building permit is obtained within one (1) year after receipt of a written
notice of the requirements of this section and construction must be completed within
the time limits set forth in the building code. Written notice shall be considered
received on the date such notice is mailed to the person, firm or corporation who
received the variance addressed to the address of such person, firm or corporation as
the same shall appear in the records of the planning department relating to the
granting of such application.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 3, adopted 7/28/81;
Ordinance 82-134, sec. 13, adopted 12/14/82; Ordinance 83-144, sec. 1, adopted
10/25/83; Ordinance 84-09, sec. 1, adopted 1/17/84; Ordinance 84-87, sec. 1, adopted
6/26/84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, sec. 7, adopted
8/11/92; Ordinance 03-098, sec. 1, adopted 12/9/03; 1978 Code, sec. 30-37)
State law reference —Establishment and authority of zoning board of adjustment, V T.C.A., Local Government
Code, sec. 211.008 et seq.
9 •1- Sec. 28.02.006 Planning commission
(a) Creation. The planning commission, created in accordance with article XVII,
section 24, of the city charter, shall have the duties and responsibilities of the zoning
commission provided for in V.T.C.A. Local Government Code, section 211.007.
(1) The planning commission shall consist of nine (9) members and three
(3) alternate members who are resident citizens and qualified voters of the
city. The alternate members shall serve in the absence of a regular member
in the conducting of commission business. The members of the planning
commission shall be appointed by the city council for two (2) year terms,
expiring on September 30 of odd -numbered years, or until a successor is
appointed. The three alternate members shall be appointed by the mayor
subject to approval of the city council for two (2) year terms, expiring on
September 30 of odd -numbered years, or until a successor is appointed.
Vacancies shall be filled for the unexpired term of any member whose
position becomes vacant for any cause in the same manner as the original
appointment was made. The members of the planning commission existing
on the effective date of this chapter shall continue to serve as members of
the commission until the terms for which they were originally appointed
expire.
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other duties and exercise all other powers conferred upon it by the statutes
of the state.
(13) To suggest plans for clearing the city of slums and blighted areas.
(d) Cooperation by other department heads and officials. All department heads and
officials of the city shall be available to the planning commission for advice and
consultation, and they shall cooperate with and render such services for the
department of planning as shall come within the scope of the duties of such
department heads and officials. All such department heads and officials shall attend
meetings of the planning commission upon the request of the city planning
commission or its duly authorized official or officials.
(Ordinance adopted 4/2/46, sec. 4; Ordinance 81-17, sec. 1, adopted 3/10/81;
Ordinance 82-134, sec. 11, adopted 12/14/82; Ordinance 03-036, sec. 3, adopted
5/6/03; 1978 Code, sec. 30-38; Ordinance 15-050, sec. 1, adopted 11/10/15)
Charter reference —Planning commission, art. XVII sec. 24
State law reference —Authority of municipality to establish planning and zoning commission, V.T.C.A, Local
Government Code, sec. 211.007.
9, u See. 28.02.007 Historic landmark commission
(a) Creation of historic landmark commission. For the purpose of recommending
historic -cultural landmark preservation designations and districts and for the purpose
of approving or snaking recommendations on the construction, alteration,
reconstruction, demolition, or relocation of buildings and structures on sites located
within HC-L and HC-D zones, Historic -Cultural Landmark Preservation designation,
there is hereby created a historic landmark commission. The historic landmark
commission shall be composed and appointed as follows:
(1) The historic landmark commission shall consist of twelve (12)
members appointed by the city council, including the following:
(A) One member shall be a member of the city planning
commission.
(B) One member shall be a licensed architect.
(C) One member shall be a licensed attorney.
(D) One member shall be a professional historian.
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if the property involved is greater than one-half (1/2) acre but less than five (5) acres;
and six hundred fifty dollars ($650.00) if the property involved is greater than five (5)
acres. The processing fees as established herein shall be paid at the time of the filing
of an application. In the event the application is withdrawn prior to the mailing of the
required written notification or publication in a newspaper, the fee shall be refunded.
Any person, firm or corporation requesting an abandonment of city right-of-way or
easements shall be required to pay an application processing fee of three hundred
dollars ($300.00) at the time of such application. The fee for processing other requests
under the other business category shall be one hundred dollars ($100.00), required at
the time of application.
(f) Time of action. If city council does not approve a request for a specific use permit
or a zone district boundary change within sixty (60) days of the public hearing at
which the request was heard, the request shall be automatically denied unless this time
limit is extended by action of the city council. This time limit can be waived with
consent of the applicant.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-110, sec. 1, adopted 9/14/82;
Ordinance 82-134, sec. 9, adopted 12/14/82; Ordinance 83-144, sec. 2, adopted
10/25/83; Ordinance 85-120, see. 3, adopted 11/26/85; Ordinance 92-62, secs. 8, 9,
adopted 8/11/92; Ordinance 98-7, sec. 12, adopted 2/3/98; Ordinance 03-098, sec. 3,
adopted 12/9/03; 1978 Code, sec. 30-40)
.y ARTICLE 28.03 DISTRICT REGULATIONS
9- &+m Sec. 28.03.001 A-R, Agricultural -Residential District regulations
(a) General purpose and description. This district is intended to provide a location for
land situated on the fringe of an urban area and used for agricultural purposes, but that
may become an urban area in the future. Generally, A-R, Agricultural -Residential
Districts, will be near development; therefore, the agricultural activities conducted in
the A-R, Agricultural -Residential District, should not be detrimental to urban land
uses. The types of uses and the area and intensity of use permitted in this district shall
encourage and protect agricultural uses until urbanization is warranted and the
appropriate change in district classification is made.
(b) Permitted uses. Uses permitted in an A-R, Agricultural -Residential District, are
set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an A-R, Agricultural -
Residential District, are set forth in section 28.03.024.
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(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-7)
9- •±a Sec. 28.03.002 R-S, Residential Single -Family Dwelling District regulations
(a) General purpose and description. The R-S, Residential Single -Family Dwelling
District, is the most restrictive residential district. The principal use of land in this
district is for low density single-family dwellings and related recreational, religious
and educational facilities normally required to provide the basic elements of a
balanced, orderly, convenient, and attractive residential area. Low density residential
areas shall be protected from higher density residential development and from the
encroachment of incompatible uses. Internal stability, harmony, attractiveness, order
and efficiency are encouraged by providing for adequate light, air and open space for
dwellings and related facilities and by consideration of the proper functional
relationship and arrangement of the different uses permitted in this district.
(b) Permitted uses. Uses permitted in an R-S, Residential Single -Family Dwelling
District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an R-S, Residential
Single -Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-8)
L-a Sec. 28.03.003 RDM-AM, Residential Multiple -Family Dwelling -Medium Density District
regulations
(a) General purpose and description. The R-M, Residential Multiple -Family Dwelling -
Medium Density District, is intended to provide for medium density multiple -family
dwellings which may have a relatively intense concentration of dwelling units served
by large open spaces consisting of common areas and recreation facilities, thereby
resulting in medium gross densities. The principal use of land may be one or several
dwelling types, ranging from single-family to low-rise multiple -family dwellings, and
including two-family dwellings, garden apartments, condominiums and townhouses.
Recreational, religious and educational uses normally located to service adjacent
residential areas are also permitted to meet the basic needs of a balanced, orderly,
convenient, economical and attractive residential area. The RM-M, Residential
Multiple -Family Dwelling District, functions as a buffer or transition between major
streets, or commercial or higher density residential areas, and lower density residential
areas.
(b) Permitted uses. Uses permitted in an RM-M, Residential Multiple -Family
Dwelling -Medium Density District, are set forth in section 28.03.023.
34
(c) Area and height regulations. Area and height regulations in an RM-M, Residential
Multiple -Family Dwelling —Medium Density District, are set forth in section
28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-9)
u See. 28,03.004 Rivl-H, Residential Multiple -Family Dwelling—Ilighest Density District
regulations
(a) General purpose and description. The RM-H Residential Multiple -Family
Dwelling —Highest Density District, is a residential district intended to provide for the
highest residential density ranging up to twenty-nine (29) dwelling units per acre. The
principal use of land in this district is for a wide variety of dwelling types, including
single-family dwellings, low-rise multiple -family dwellings, garden apartments,
condominiums, and townhouses and, subject to a specific use permit, high-rise
apartments. Recreational, religious, health and educational uses normally located to
service residential areas are permitted in this district in order to provide the basic
elements of a balanced, orderly, convenient, and attractive residential area. The RM-
H, Residential Multiple -Family Dwelling —Highest Density District, is usually located
adjacent to a major street and serves as a buffer or transition between commercial
development or heavy automobile traffic and medium density residential
development.
(b) Permitted uses. Uses permitted in an RM-H, Residential Multiple -Family
Dwelling —Highest Density District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an RM-H, Highest
Density Multiple -Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-10)
- u See. 28.03.005 RCR, Residential Conservation and Revitalization District regulations
(a) General purpose and description. The RCR, Residential Conservation and
Revitalization District, is intended for predominantly residential areas of the city
which are characterized by significant concentrations of poor or fair structural housing
conditions and which may have a mixture of residential and commercial uses.
Conservation, protection and revitalization of existing residential areas is achieved in
this district by providing the city council with the opportunity to review and
conditionally approve or deny requests for higher density residential development and
compatible selected services and retail uses that are needed for the comfort, economy
and convenience of the neighborhood. Approval of the specific use and the site plan
35
by the city council will encourage future multifamily and commercial uses that will
stimulate the normal, orderly development and improvement of the area without
adversely affecting residential livability or diminishing or impairing property values.
(b) Permitted uses. Uses permitted in an RCR, Residential Conservation and
Revitalization District regulations, are set forth in section 28.03.023. The commercial,
retail and service uses permitted in this district shall not exceed four thousand (4,000)
square feet in gross floor area for any lot or tract.
(c) Area and hei hg t regulations. Area and height regulations in an RCR, Residential
Conservation and Revitalization District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-11)
9. u Sec. 28.03.006 RCR-H, Residential Conservation and Revitalization District regulations
(a) General purpose and description. The RCR-H, Residential Conservation and
Revitalization-H District, is intended for predominately residential areas in the Old
Town Area of the city which are characterized by significant concentrations of poor or
fair structural housing conditions and which may have a mixture of residential and
commercial uses. Conservation, protection and revitalization of existing residential
areas is achieved in this district by providing city council with the opportunity to
review and conditionally approve or deny requests for higher density residential
development and compatible selected commercial uses. Approval of the specific use
permit and the site plan by the city council will encourage future multifamily and
commercial uses that will stimulate the normal, orderly development and
improvement of the area without adversely affecting residential livability or
diminishing or impairing property values.
(b) Permitted uses. Uses permitted in an RCR-H, Residential Conservation and
Revitalization-H District, are set forth in section 28.03.023. The commercial uses
permitted in this district shall not exceed four thousand (4,000) square feet in gross
floor area for any lot or tract.
(c) Area and height regulations. Area and height regulations in an RCR-H, Residential
Conservation and Revitalization-H District, are set forth in section 28.03.024.
(Ordinance 08-106, sec. 2, adopted 11/25/08)
9- u Sec. 28.03.007 OP, Office Park District regulations
36
(a) General purpose and description. This district is intended to encourage and permit
general professional and business offices of high site quality and appearance in
attractive landscaped surroundings with the types of uses, and design exterior
appearance so controlled as to maintain the integrity and be generally compatible with
existing and future adjacent and surrounding single-family or multiple -family
development. This district should generally be located in areas abutting arterial and/or
collector streets which are, because of location and trends, suitable for development of
office uses that are compatible with residential uses thereby maintaining the character
and integrity of existing and developing neighborhoods. This district is also ideally
located in transitional areas between commercial and residential development which is
adaptable to occupancy by certain office uses. The ultimate development must provide
a low intensity of land usage and site coverage to enable the site to retain its park -like
image for the residential neighborhoods nearby and for the tenants that seek pleasant
landscaped surroundings.
(b) Permitted uses. The following uses shall be permitted in this district subject to
special conditions, section 28.04.008(b)(12):
(1) Professional offices;
(2) Consultant's offices;
(3) Medical and dental offices;
(4) Oil and gas extractions;
(5) Pharmacy, when in support of or an integral part of an on -premise
medical or dental office;
(6) Accessory uses.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-11.1; Ordinance 08-
106, sec. 2, adopted 11/25/08)
- 6-a See. 28.03.008 NC, Neighborhood Commercial District regulations
(a) General purpose and description. The NC, Neighborhood Commercial District, is
primarily intended for retail sale of convenience goods or personal services primarily
for persons residing in adjacent residential areas. It also includes selected retail and
service uses that are similar in land use intensity and physical impact to the
neighborhood retail sales and service uses permitted in this district. Because the retail
and personal service uses permitted may be an integral part of the neighborhood,
37
closely associated with the residential, religious, recreational and educational uses in
the neighborhood, more restrictive requirements for light, air, open space,
landscaping, and off-street parking are made than are provided in other commercial
districts. The NC, Neighborhood Commercial District, is located on the periphery of
the residential neighborhood on a major street in close proximity to the intersection of
two (2) major streets.
(b) Permitted uses. Uses permitted in an NC, Neighborhood Commercial District, are
set forth in section 28.03.023. The commercial, retail and service uses permitted in
this district shall not exceed four thousand (4,000) square feet in gross floor area for
any lot or premise.
(c) Area and height regulation . Area and height regulations in a NC, Neighborhood
Commercial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-12)
9- •*- See. 28.03.009 NSC, Neighborhood Shopping Center District regulations
(a) General purpose and description. The NSC, Neighborhood Shopping Center
District, is intended for a unified grouping; in one or more buildings, of several,
typically between five (5) and twenty (20), retail and service shops or stores that
provide for the regular needs and are for the convenience of the people residing in
adjacent residential neighborhoods. Gross floor area in a neighborhood center
typically ranges from thirty thousand (30,000) to one hundred thousand (100,000)
square feet, and land area consists of two (2) to ten (10) acres in size. It is intended
that the neighborhood shopping center be developed as a unit, with adequate off-street
parking for customers and employees, and with appropriate landscaping and screening
to ensure compatibility with surrounding residential environment. This district is
located adjacent to several residential neighborhoods, ideally at the intersection of two
(2) or more arterial or major streets with a service area of up to one and one-half (1-
1/2) miles. Development of a neighborhood shopping center requires approval of a
development site plan by the city council, after recommendation from the planning
commission.
(b) Permitted uses. Uses permitted in an NSC, Neighborhood Shopping Center
District, are set forth in section 28.03.023. Office uses permitted in this district shall
not exceed thirty (30) percent of the gross floor area of the shopping center. A specific
use permit for a shopping center as a particular use is required before any building
permit or certificate of occupancy may be issued in this district.
38
(c) Area and height regulations. Area and height regulations in a NSC, Neiglibor•hood
Shopping Center District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, see. 30-13)
9- u See. 28.03.010 GC-NID, General Commercial Multiple -Family Dwelling District
regulations
(a) General purpose and description. The mixed GC -MD, General Commercial
Multiple -Family Dwelling District, is intended for the conduct of community -wide
personal and business services, specialty shops, general highway commercial uses,
shopping centers, and multifamily residential development. The need for community -
wide accessibility dictates that this district be located ideally at the intersection of two
(2) or more streets, along frontage roads adjacent to the interstate, or along selected
major streets which have been designated for strip commercial development.
Minimum lot width, depth, area, and yard requirements, buffer strips, and landscaping
bonus provisions have been established to reduce or modify the harmful impact and
negative consequences associated with typical strip commercial development.
Multifamily development in this district is permitted in order to serve as a buffer or
transition between commercial and medium density residential development.
(b) Permitted uses. Uses permitted in a GC -MD, General Commercial Multiple -
Family Dwelling District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a GC -MD, General
Commercial Multiple -Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-15)
9 u See. 28.03.011 GC-MD-2, General Commercial Multiple -Family Dwelling-2 District
regulations
(a) General propose and description. The mixed GC-MD-2, General Commercial
Multiple -Family Dwelling-2 District, is intended for the conduct of community -wide
personal and business services, specialty shops, general commercial uses, shopping
centers, and multiple -family residential development. Typically, this district will be
located at the intersection of two (2) or more streets, along frontage roads adjacent to
the interstate, or along selected major streets which have been designated for strip
commercial development. However, this district recognizes that there are
circumstances whereby city council would be more willing to grant approval of a
specific use permit for a particular use or parcel of property than to permit a use by
right. Therefore, all uses require a specific use permit. Minimum lot width, depth, area
39
and yard requirements, buffer strips, and landscaping bonus provisions have been
established to reduce or modify the harmful impact and negative consequences
associated with typical strip commercial development.
(b) Permitted uses. Uses permitted in a GC-MD-2, General Commercial Multiple -
Family Dwelling-2 District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a GC-MD-2, General
Commercial Multiple -Family Dwelling-2 District, are set forth in section 28.03.024.
(Ordinance 98-7, sec. 3, adopted 2/3/98; 1978 Code, sec. 30-15.1)
9- &+a See. 28.03.012 CBD, Central Business District regulations
(a) General purpose and description. The CBD, Central Business District, is intended to
accommodate the commercial, office, service, residential and public activities and
uses commonly found in a central business district. There shall be only one
contiguous CBD, Central Business District.
(b) Permitted uses. Uses permitted in a CBD, Central Business District, are set forth
in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a CBD, Central
Business District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-16)
:y- See. 28.03.013 C-M, Commercial -Manufacturing District regulations
(a) General purpose and description. The C-M, Commercial -Manufacturing District, is
designed for intensive commercial uses and those selected manufacturing uses which
are compatible with commercial development. The permitted manufacturing uses are
either free of objectionable influences in their operations and appearance or can
eliminate or control objectionable characteristics by landscaping, screening, and other
abatement devices. Because most of the uses in the C-M, Commercial -Manufacturing
District, often require direct access to major streets, rail or air facilities, this district
should be located near major transportation routes. The C-M, Commercial -
Manufacturing District, should be used as a buffer or transition between industrial
development and commercial or multifamily residential development.
(b) Permitted uses. Uses permitted in a C-M, Commercial -Manufacturing District,
are set forth in section 28.03.023.
40
(c) Area and hei h t regulations. Area and height regulations in a C-M, Commercial -
Manufacturing District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-17)
9- &4Pa See. 28.03.014 LI, Light Industrial District regulations
(a) General purpose and description. The LI, Light Industrial District, is intended
primarily for the conduct of light manufacturing, assembling, and fabrication, and for
warehousing, wholesaling, and service operations that do not depend primarily on
frequent personal visits of customers or clients, but that may require good
accessibility to major rail, air facilities, or highways. This district is designed to
upgrade industrial development standards, prevent industrial blight, and protect light
industrial development from incompatible residential, commercial or heavy industrial
uses. This district should function as a buffer or transition between heavy industrial
development and commercial development.
(b) Permitted uses. Uses permitted in an LI, Light Industrial District, are set forth
in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an LI, Light Industrial
District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-18)
Q u Sec. 28.03.015 III, Ileavy Industrial District regulations
(a) General purpose and description. The HI, Heavy Industrial District, is intended to
provide for heavy industrial uses and other uses not otherwise provided for in the
other districts. The intensity of uses permitted in this district makes it necessary to
separate it from all residential districts and most commercial districts wherever
possible.
(b) Permitted uses. Uses permitted in an HI, Heavy Industrial District, are set forth
in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an HI, Heavy Industrial
District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-19)
9- u See. 28.03.016 PUD, Planned Unit Development District regulations
41
(a) General nulpose and description. The purpose of the PUD, Planned Unit
Development District, is to encourage the unified design of residential, commercial,
office, professional services, retail and institutional uses and facilities or combinations
thereof in accordance with an approved comprehensive development plan. This
district provides for greater flexibility in the design of buildings, yards, courts, and
circulation than provided by other districts.
(b) Permitted uses. Uses permitted in a PUD, Planned Unit Development District, are
set forth in section 28.03.023. A specific use permit is required before a building
permit may be issued in this district except for single-family residential development
and accessory uses.
(c) Development standards and regulations. Minimum standards for developments in
this district are set forth in section 28.04.004.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-20)
- u See. 28.03.017 HC-L, Historic -Cultural Landmark Preservation designation
(a) General purpose and description. The HC-L, Historic -Cultural Landmark
Preservation designation, in general is intended to provide for the protection,
preservation and enhancement of buildings, structures, sites and areas of architectural,
historical, archaeological or cultural importance or value. More specifically, this
district has the following expressed purposes:
(1) To stabilize and improve property values;
(2) To encourage neighborhood conservation;
(3) To foster civic pride in the beauty and accomplishments of the past;
(4) To protect and enhance the city's attractions to tourists and visitors;
(5) To strengthen and help diversify the economy of the city; and
(6) To promote the use of historic -cultural landmarks for the education,
pleasure and welfare of the community.
This district supplements the regulations of the underlying zoning district
classification. The zoning map shall reflect the designation of a Historic -Cultural
Landmark Preservation designation by the letters "HC-L" as a suffix to the underlying
zoning district classification.
42
(b) Permitted uses. The permit uses in the HC-L, Historic -Cultural Landmark
Preservation designation, shall be determined by the underlying zoning district
classification. Historical use activities within the HC-L designation, such as museums
or historical organizational offices, shall be permitted when granted by a specific use
permit as set forth in section 28.04.001, when the underlying zoning is residential or
would otherwise not permit the historical use. Accessory uses, including fundraising
activities, may be approved as a part of the specific use permit.
(c) Area and height regulations. The area and height regulations shall be determined by
the underlying zoning district classification.
(d) Supplemental regulations. Buildings, structures, sites and areas zoned "HC-L"
shall be subject to the following regulations and to the regulations set forth in section
28.02.007 of this chapter.
(1) Exterior alterations and changes. No person or entity shall construct,
alter, change, restore, remove, demolish, or obscure any exterior
architectural feature of a building or structure located in an HC-L, Historic -
Cultural Landmark Preservation designation, unless first applying to and
receiving from the historic landmark commission a certificate of
appropriateness as set forth in section 28.02.007.
(2) Demolition or removal of a building or structure. No building or structure
awarded an HC-L, Historic -Cultural Landmark Preservation designation,
shall be demolished or removed without the approval of the historic
landmark commission or the city council as set forth in section 28.02.007.
(3) Omission of necessary repairs. Buildings and structures awarded an HC-
L, Historic -Cultural Landmark Preservation designation, shall be
maintained so as to ensure the structural soundness and integrity of the
building or structure and its exterior architectural features as set forth
in section 28.02.007.
(Ordinance 93-28, sec. 1, adopted 6/29/93; 1978 Code, sec. 30-21.1)
4k u Sec. 28.03.018 Historic -Cultural Landmark Preservation Overlay District
(a) Definitions. Unless the context clearly indicates otherwise, in this section:
flttention-getting device. Any device, except for permitted signs and flags, that is used
for the purpose of attracting the attention of the public to a commercial establishment.
43
An attention -getting device shall include, but not be limited to, streamers, flags (other
than U.S. or state), balloons, pennants or decorations.
Banner. A sign made of fabFie OF any netirigid material with fie efieleSiRg fffiffieWOFIE.
A type of sign that is generally constructed of lightweight plastic, fabric or a similar
non -rigid material, and that is mounted/tethered to a pole(s), building or other
structure at one (1) or more edges.
Bloc ace. All of the lots on one side of a block.
Certificate o�ppiWriateness. A certificate issued by the city to authorize the alteration
of the physical character of real property in a district, or any portion of the exterior of
a structure on the property, or the placement, construction, alteration, nonroutine
maintenance, expansion, or removal of any structure on or from the property.
Column. The entire column including the base and capital, if any.
Contributing structure. A structure which physically or historically contributes to the
historic value of an historic district.
Corner side facade. The main building facade facing the side street.
Director. The director of the planning division or his/her representative.
Educational land uses. (See "Institutional land uses.")
Exterior architechnnl feature. Means, but shall not be limited to, the kind, color and
basic texture of all exterior building materials and such features as windows, doors,
lights, signs and other exterior fixtures.
Fhtorescent color. Colors defined (Munsell Book of Color) as having a minimum
chroma value of eight (8) and a maximum of ten (10).
Front facade. The main building facade facing the street upon which the main building
is addressed.
Furniture. street. Man-made, above -ground items that are usually found in street rights -
of -way, including benches, kiosks, plants, canopies, shelters and phone booths.
Institutional land uses. Those properties owned or otherwise administered by
organizations of higher education, vocational training centers and museums.
Churches, synagogues, social, civic, fraternal and professional organizations, specialty
schools, residential care facilities, day care centers, nursing homes, clinics and
44
hospitals and all other uses not specifically excluded are bound by the terms of this
section.
Masom•y_paver. A solid brick or block of masonry material used as a paving material.
Metallic color. A paint color which has pigments that incorporate fine flakes of bronze,
aluminum, or copper metal.
Move -in building. A building that has been moved onto an existing lot.
Preservation criteria. The standards considered by the director and the historic landmark
commission to determine whether a certificate of appropriateness should be granted or
denied.
Rehabilitation. The process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values.
Sin ence. Signs attached or affixed to any type of fence.
Sign, mobile. BElsiness sSigns which are
on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used
primarily to support or display such signs while parked.
Sign. moving. Signs which in whole, or pant, do not remain stationary at all times,
regardless of power source which effects movement.
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.
Trim colo,. A paint color other than the dominant color. Stain is not a trim color. Trim
color does not include the color of screen and storm doors and windows, gutters,
downspouts, porch floors and ceilings.
(b) Reconciliation with other ordinances. All city codes, as amended, apply to all
historic districts unless expressly modified by ordinance.
(c) Enforcement.
(1) Cedificate of appropriateness required. A person commits an offense if
(s)he is responsible for an alteration of the physical character of any real
property located in an historic district, or any portion of the exterior of a
45
(1) Density. Structures within an historic district must comply with
standards established in the city Code of Ordinances (section 28.03.024).
(2) Height. Structures within an historic district must comply with
standards established in the Code of Ordinances (section 28.03.024) for the
underlying zoning district or thirty-five (35) feet, whichever is less.
(3) Story limitation. For the purposes of this section, the maximum
permitted number of stories is three (3).
(4) Lot size. Lots within an historic district must comply with standards
established in the city Code of Ordinances (section 28.03.024).
(5) Special exception. Lots platted, meaning already approved by the city
planning division or planning commission, on or before the effective date of
this section, are legal building sites even though they may not conform to
the requirements of this section.
(6) Setbacks. All structures within an historic district must comply with
the standards established in the city Code of Ordinances (section
28.03.024).
(7) Off-street parking. All structures within a historic district must comply
with the standards established in the City of Beaumont Code of Ordinances
(section 28.04.002). In addition:
(A) In genet -al. All off-street parking, whether used to fulfill
minimum parking requirements or as excess parking, must be provided
on the lot occupied by the primary use or on a separate lot located
within one hundred (100) feet of said property. All off-street parking
must be set back along street frontages not less than the required yard
setbacks or as far back as the front of immediately adjacent buildings,
whichever is greater.
(B) Parking on vacant lots. On vacant lots, no permanent off-street
surface parking is permitted on grassed areas. Said grassed areas may
not be paved or otherwise destroyed without a certificate of
appropriateness.
(C) Parking in front or side yards. Within front or side yards, off-street
surface parking is not permitted on grassed areas. Said grassed areas
47
may not be paved or otherwise destroyed without a certificate of
appropriateness. Vehicles may only be parked on paved surfaces.
(D) Structured parking. Vehicular access to parking structures with a
vehicle storage capacity of three (3) or more is not permitted to or from
the street on which the main building fronts, unless the lot abuts no
other street or alley.
(E) Screening. Screening of off-street parking for multiple -family,
commercial and industrial uses must comply with standards established
in the Code of Ordinances (section 28.04.006).
(F) Surface materials. The only permitted off-street parking surface
materials are brushed or aggregate concrete, hot mix asphalt, masonry
pavers or pervious parking surface materials capable of
accommodating vehicles up to five thousand (5,000) pounds of gross
vehicle weight and that allow the growth of lawn. Grass, caleche, dill,
gravel, shell, slag and clay surfaces are not permitted.
(G) Driveways. Driveway widths shall not exceed the following
dimensions:
(i) Residential:
a. Single-family: 20 feet.
b. Two-family: 20 feet.
c. Multiple -family: 24 feet.
(ii) Commercial: 24 feet.
(iii) Industrial: 35 feet.
(8) signs. Signs must not obscure significant architectural features,
windows or doors of the building. The shape, materials, color, design, and
letter style of signs must be typical of and compatible with the style and
period of the architecture of the building and complement the district. Signs
shall only be allowed where permitted by section 28.04.003 of this code. In
addition, all signs within the district must comply with the following
standards:
48
(A) Detached signs. Only one (1) detached sign is permitted on each
lot and subject to the following restrictions:
(i) The structural support of the sign must be located at least
five (5) feet from any public right-of-way or property line
dividing properties of different ownership. No part of any sign
shall overlay any property line.
(ii) The sign must be six (6) feet or less in height;
(iii) The sign shall not be illuminated; and
(iv) The sign shall not exceed twelve (12) square feet in area.
(B) Attached signs. No more than two (2) attached signs are permitted
on each building. Each sign must:
(i) Not be illuminated, except by one external floodlight not to
exceed one hundred fifty (150) watts in power;
(ii) Not exceed six (6) square feet in area; and
(iii) Not be located in or in front of any window or doorway.
(C) Prohibited signs. The following types of signs are prohibited in an
historic district, except those outlined in Section 28.04.003 (e) of this
chapter:
(i) Advertising signs;
(ii) Illuminated signs;
(iii) Neon or fluorescent signs;
(iv) Signs affixed, either permanently or temporarily, to street
furniture;
(v) Portable Portable ssigns, exeluding polifieall andd really
sigm as defined in section 'Q.^� 04,003 28.01.004, sign regulations,
as outlined in the city Code of Ordinances;
(vi) Mobile signs;
49
(vii) Moving signs; and
(viii) Fence signs.
(ix) Banners feeornmeNial use, to eKelude one („ U.S. c an
one (1) state flag either too ooa f . F (4) foot by six (6) foot :
sip
(x) Other attention -getting devices used by commercial
establishments.
(9) Litter/trash and junk. Section 12.07.001 [article 12.07], litter control
and sections 22.05.051 through 22.05.061, solid waste collection by the city,
as outlined in the city Code of Ordinances, applies to all properties within
any historic district. In addition, an approved container as defined by same
must be located in the rear yard of the subject property with exception
allowed for pickup and disposal of said litter not to exceed a twenty -four-
hour period. All fixed or otherwise immobile trash containers must be set
back from the property line no less than twenty-five (25) feet or be
completely screened from view from any street via landscaping and fencing.
(10) Outdoor furniture. Furniture or appliances which are constructed of
materials which are intended for indoor use only or would otherwise be
susceptible to water damage, rot or destruction must not be placed on an
open porch or outdoors.
(11) Outdoor merchandisin> : No business shall display any merchandise
outdoors within a historic district.
(f) Rehabilitation guidelines. The following standards for rehabilitation shall be
employed by the director and the historic landmark commission to evaluate a
certificate of appropriateness.
(1) Every reasonable effort should be made to provide compatible uses
for properties mandating minimal alteration of the building, structure, or site
and its environment.
(2) The distinguishing original qualities or character of a building,
structure, or site and its environment should not be destroyed. The removal
or alteration of any historic material or distinctive architectural features
should be avoided when possible.
50
(1) Building placement form and treatment.
(A) Accessoa buildings. Accessory buildings are only permitted in the
rear yard and the interior side yard and must be compatible with the
scale, shape, roof form, materials, detailing, and color of the main
building. Accessory buildings must have pitched roofs. Prefabricated
metal accessory buildings are permitted if they are completely screened
from view from any abutting street.
(B) Additions. Additions to a main building are only permitted on the
side and rear facades, except that a porch may be added to the front
facade. All additions to a building must be compatible with the
dominant horizontal or vertical characteristics, scale, shape, roof form,
materials, detailing, and color of the building.
(C) Architectural detail. Materials, colors, structural and decorative
elements, and the manner in which they are used, applied, or joined
together must be typical of the style and period of the other buildings,
if any, on the blockface and compatible with the contributing structures
in the historic district.
(D) Awnings. Awnings on the front and corner side facade must be
made of fabric or wood and complement the main building in style and
color. Metal and corrugated plastic awnings are only permitted on an
accessory building or the rear facade of a main building. Other awnings
must be typical of the style and period of the main building, and
compatible with the contributing structures of a similar style in the
historic district.
(E) Building placement. All structures within an historic district must
comply with the standards established in the city Code of Ordinances
(section 28.03.024).
(F) Building widths. All structures within an historic district must
comply with the property setback standards established in the city
Code of Ordinances (section 28.03.024).
(G) Chimneys. All chimneys must be compatible with the style and
period of the main building and the contributing structures of a similar
style in an historic district. Chimneys on the front fifty (50) percent of
a main building or on a corner side facade must be:
52
least two (2) window panes. Sidelights must be compatible
with the door or windows with which they are associated.
4. The frames of windows should be trimmed in a
manner typical of the style of the building.
(2) Landscaping. All properties within an historic district must comply
with all existing landscaping requirements as illustrated in section
28.04.006 of the city Code of Ordinances.
(3) Fences. The director may approve a fence not in compliance with this
paragraph if the applicant establishes the fence is historically sensitive or
unless the absence of said fence poses a significant hazard to life or
property.
(A) Form. Fences must be constructed and maintained in a vertical
position.
(B) Height. Within a front yard, no solid fence or wall shall be
erected to exceed a height of four (4) feet, unless a taller fence is
required to screen off-street parking or screen incompatible land uses
as required in section 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 height 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.
57
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 section 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's
Code of Ordinances (section 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 the city shall be automatically exempted from the
certificate of appropriateness review.
(i) Nonconforming uses and structures.
(1) In general. Except as otherwise provided in this section, section
28.04.005 of the city Code of Ordinances relating to nonconforming uses
and structures, applies to all historic districts.
(2) Rebuilding damaged or destroyed buildings or structures. If a lawful
nonconforming building or structure in an historic district is damaged by
fire, explosion, act of God or other calamity, the building or structure may
be rebuilt at the same location with the approval of the director as long as
the building does not increase whatsoever the degree of nonconformity.
New construction that replaces damaged buildings and would increase the
degree of nonconformity must comply with the design guidelines provided
in this section.
61
(3) Amortization of nonconforming structures and gravel and shell parking lots.
With exception provided for main and accessory structures and fences, all
structures and gravel and shell parking lots which are not erected under the
terms of this section at the time of the adoption of same must be removed or
otherwise made to conform with the terms of this section within four (4)
years of the effective date of this section. There shall be granted no
exceptions or extensions.
0) Designation as a contributing structure. For the purposes of this section, a property
owner may wish to have a structure within an historic district to be singularly
distinguished as a contributing structure. To obtain this designation, a property owner
must follow the standard procedure set forth in section 28.02.007 (HC-L, Historic -
Cultural Landmark Preservation designation).
(Ordinance 93-28, sec. 1, adopted 6/29/93; Ordinance 93-50, sec. 1, adopted 8/24/93;
Ordinance 95-50, sec. 1, adopted 8/29/95; Ordinance 98-27, sec. 1, adopted 3/24/98;
Ordinance 00-83, sec. 1, adopted 9/26/00; Ordinance 01-018, sec. 1, adopted 3/6/01;
Ordinance 02-008, secs. 1 3, adopted 1/29/02; 1978 Code, sec. 30-21.2; Ordinance
10-040, sec. 1, adopted 6/8/10; Ordinance 13-003, secs. 1 2, adopted 1/15/13)
1- Sec. 28.03.019 PD, Port Development District regulations
(a) General purpose and description. The PD, Port Development District, is intended to
accommodate the port or port -related development of property owned by the Pont of
Beaumont Navigation District. This district is located in close proximity to the Port of
Beaumont in the area which is bordered generally on the west by Cypress, Main,
Blanchette, Sabine Pass and Carroll Streets, on the north by the Neches River, and on
the south by Buford and Grant Sheets.
(b) Permitted uses. Any use which is not otherwise prohibited by applicable local
codes or ordinances.
(c) Area and height regulations. There shall be no area and height regulations in the
PD, Port Development District.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-22)
VA u Sec. 28.03.020 UC, Urban Corridor Overlay District regulations
(a) General purpose and description.
62
(1) The UC, Urban Corridor Overlay District, in general is intended to
preserve and improve the physical environment along Martin Luther King
Parkway; promote the public safety, welfare, convenience and enjoyment of
travel and the free flow of traffic along this corridor; ensure that signage
provides the essential identity of facilities along this roadway; and prevent
needless clutter in appearance along this corridor.
(2) This district supplements the regulations of the underlying zoning
district classifications. The zoning map shall reflect the designation of an
Urban Corridor Overlay District by the letters "UC" as a suffix to the
underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Sign, attached. A sign which is attached to or painted on the outside face of a building.
An attached sign is also erected parallel to the face of the building, supported by the
building and does not extend more than eighteen (18) inches from the face of the
building wall or above the roof line of the building to which the sign is affixed.
Sign, detached. A sign which is wholly supported by one (1) or more columns, uprights
or braces in the ground and has no support to a building, canopy or facade.
Sign, electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign. A -sign
Sin ante. A sign attached or affixed to any type of fence.
&gn, mobile. A basinessrsign used to adyef4ise an esiablishment or sem,iees which are
is on or affixed to tucks, automobiles, trailers or other vehicles used primarily to
support or display such signs while parked.
Sign, moving. A sign which in whole, or pant, does not remain stationary at all times,
regardless of the power source which affects movement.
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.
63
Sign, tempora►y. A nonilluminated poster or display constructed of paper, cloth, plastic
sheet, cardboard, plywood, or other like materials that appears to be intended to be
displayed for a limited period of time.
_(c) Permitted uses. The permitted uses in the UC, Urban Corridor Overlay District,
shall be determined by the underlying zoning district classification.
(d) Boundaries. The boundaries of the Urban Corridor Overlay District shall extend a
distance of two hundred (200) feet from the street right-of-way of Martin Luther King
Parkway from I-10 East to Cardinal Drive.
(e) Area and height regulations. The area and height regulations shall be determined by
the underlying zoning district classification.
(f) Sign regulations. Signs shall not be permitted within an Urban Corridor Overlay
District except as specifically authorized in this section.
(1) Permit requirements. No sign, unless herein excepted or where
permitted by section 28.04.003 (e) of this chapter., shall be located,
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the chief building inspector in accordance with
the requirements of this chapter and the International Building Code.
(2) Prohibited signs. In addition to the prohibited signs listed in section
28.04.003(fl, -Tthe following types of signs are prohibited in this Urban
Corridor Overlay District:
(A) Off -premises advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Banners, e ept f F ^ and ^ .
(3) Signs in residential—UC districts. Signs shall not be permitted in urban
corridor overlay residential districts except as specifically authorized in this
section as well as section 28.04.003 of this chapter.
64
(A) One (1) detached identification sign may be constructed to
identi€y at the entrance of a single-family residential development of
ten (10) acres or more. Such signs will be subject to the following
conditions and restrictions:
(i) Building wall signs will be prohibited.
II (ii) The sigfl mtest be F PeFfHaRORt ;dentifieation of
won. The content of the sign may not be re ulg ated.
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent light.
vi.+i) The sign shall be placed within a landscaped setting
containing not less than one hundred twenty (120) square feet.
(viii) All parts of the sign shall be located a minimum of fifteen
(15) feet from the property line.
(viiii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached owner identification sign shall be permitted for
a multiple -family development, nonresidential, or institutional building
for each abutting street subject to the following conditions and
restrictions:
(i) The sign shall not exceed twenty (20) square feet in area.
(ii) The sign shall not exceed five (5) feet in height.
(iii) Except for electronic reader board signs, no sign shall be
lighted except by reflective floodlight type illumination. There
shall not be any flashing lights or any type of intermittent
illumination, except as allowed below:
65
a. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
b. The message copy may change no more than once every
forty-five (45) seconds.
C. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached
owner identification sign shall be allowed to have multiple
colors.
e. As measured at the property line, the maximum light
emanation from a sign shall not be no greater than 0.2
footcandles.
f. Electronic reader board signs shall not be permitted in
an historic district.
(iv) All parts of the sign shall be located a minimum of twenty-
five (25) feet from the property line.
(v) The sign shall meet the wind load requirements of the
building code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
Formatted: Indent: Left: 0"
(C) One (1) attached owner identification sign per multiple -family
dwelling development or institutional building shall be permitted for
each street abutting the development subject to the following
conditions and restrictions:
(i) The sign shall be attached to or painted on the outside face
of the building.
66
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not exceed ten (10) percent of the area of the
wall to which it is attached or one hundred fifty (150) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination.
(5) Exemptions. The following signs are exempted from the requirements
of this section:
(A) Changing of permitted eat sign face of an existing bulletin
board, general advertising poster or paint panel(s), display encasement,
marquee, flat sign, projecting sign, detached sign, or roof sign,
provided no increase occurs with respect to either the area or [of] any
such sign or the manner in which it is structurally supported.
(B) Signs on trucks, buses, or passenger vehicles which are used in
the normal conduct of business.
(C) Signs permitted by section 28.04.003 (e) of this chapter.
-(C-) Nameplate and street addFess signs, less flian three (3) square
feet ,
n size.
CP) Ne rill--inatedneal estate —signs, emperar- atuFe, no!
exceeding than eight (8)square feet in as -ea, advertising real
estate F Sale or lease OF a ntem„p fated impmvenients &f
e.,I estate; P ,, 'ided that only a (1) such sign shall her .. ,:tied �
each Street 4ORt:, . the P eFt,.
(D) Properties for Sale or Lease. Properties that are being marketed fors------- Formatted: indent: Left: 1.13"
sale or lease are allowed to have one additional nonilluminated
temporary sign per street frontage, not more than eight (8) square feet
in area and six (6) feet in height, provided the additional temporary
sign is removed within seven (7) days following the sale or lease of the
property.
72
( nst,•„etion sigfis, t t exceed f .•t„ (40) s ef et in area
a+( net -located in any -required yard, eting--the ewi er, ai-ehiteet,
fliiansial institution, general cent+aet,,.• n ,1, t.. et,,.. , any statement
pei'iai#%ing--to- the ent. . .ided that there only oiie (1) sign f ,•
each street abutting the
1 t.•..ff:e direetional signs, lens ihan eight
(8) square feet ; d f.,,,.• (4) F et ; , he;-,ht
less tight (8) s e feet iii area and five (5) feet in -height and net
luminated, when placed within a residentially zet P-6-1 area pleetiefl
sigiis must he e.l 40.4thin +e (1 0) de ake • the elect:
`( I1 !`.,•and n not exceeding ing tweni., (70s e t et ;
area when
feet ; ,d five (5) feet in he:s,ht ,yhen ;t ; a deta".1,1 s I I,Ile
sign shell ., „taro tl,e r s..•.1s "l:,•and Opening" ,,,,1„ „1 must r
!'L1) Traditional and seasenaa-;atieaal, state, and religious holiday
displays eFeeted without advet-tising shall not be subjectehe
PFEWWORS of this chaptet-, but shall be eet t the fire eerie .,.,,t
[ the lat• s] of the :t,
(Ordinance 93-62, sec. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08-
021, secs. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, secs.
1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12)
9- A-- See. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations
(a) General purpose and description. The Major/Dowlen/Gladys/Hwy. 105 Sign
Overlay District, in general recognizes that this area will be the major growth area of
the city and is therefore intended to provide for the essential identity of facilities along
the streets and prevent needless clutter in the area through uniform signage; to
preserve and improve the physical environment in the city; and promote the public
safety, welfare, convenience and enjoyment of travel and the free flow of traffic along
the streets in this area. This district supplements the regulations of the underlying
zoning district classifications. The zoning map shall reflect the designation of a
73
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix
to the underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
flttention- eg ttin cIg evice. Any device, other than a permitted sign, that is used to attract
the attention of the public to a particular business, location, product or service.
Frontage. That portion of any tract of land which abuts a public street right-of-way,
measured along the street line.
Multi -tenant business development. A development under the same ownership consisting
of two (2) or more business establishments separated by a tenant separation wall,
using common driveways and on -site parking facilities, including, but not limited to,
shopping centers, office complexes, office buildings and business parks. Retail co -
branding shall not be considered a multi -tenant business development.
Sign, advertising. Sign, advertising: A sign intended to be leased, or for which payment
of any type is intended to be or is received, for the display of any good, service, brand,
slogan, message, product, or company, except that the term does not include a sign
that is leased to a business entity and located on the same property on which the
business is located or a sign located on property owned or leased for the sole purpose
of disnlavinE a lien.
•
&gn, banner. A type of sign that is generally constructed of lightweight plastic, fabric
or a similar non -rigid material, and that is mounted/tethered to a pole(s), building or
other structure at one (I) -two 2 or more edges.
Sign. detached. A sign which is wholly supported by one (1) or more columns, uprights
or braces in the ground and has no support to a building, canopy or facade.
Sign, double-faced. A single sign with two (2) parallel sign faces back-to-back.
Sign. electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
74
processes which is attached to or a part of a detached owner identification sign. A -sign
on e
Sign 1acii . The facing of any sign upon, against, or through which the a message I, oho
or design is displayed or illustrated; provided however, for signs in which the words,
letters or symbols are independently mounted, the sign facing, for the purpose of
measuring the size of the sign, shall mean the smallest regular geometric form
containing all of the individual words, letters and symbols. Size of the sign shall be
determined by the lettering. However, if there is background in addition to the
lettering, background material shall be included if the background is uniquely
associated with the letters.
Sin fence. A sign attached or affixed to any type of fence.
Sign, mobile. Sign, mobile. Signs which are on or, otherwise affixed to, trucks,
automobiles, trailers or other vehicles used primarily to support or display such signs
while parked.
rcbusiness sign rused zv-avTereisvairestablishment rvrse=e'iocs whieh ... .... .... ..affixed
surah signs while parked.
Sign. monionent. A sign that is an independent structure supported from grade to the
bottom of the sign with the appearance of having a solid base.
Sijzn, nim, . A sign which in whole, or part, does not remain stationary at all times,
regardless of the power source which affects movement.
8�wf' Ownel. A sign whieh is leeated on the same lot or development and
eFtaias enly to the , of that premises and whiel, .. „tams in f F,,,etiOn .,Raining to
the name of the eeeupant managementeF . ete.l , ,:th the use of the
pFopei4y, the l(ind of business eF the brand name of the prineipal eeffiffledity sold 0
the premor-ethe infoFmation relative to a SeFYire or etiyit,L aN,elyed in the
business,condtiet of the
5014,
Sign, owner identifrca lon. A sign other than an advertising sign which is located on the
same lot or development as the good or service for which the sign is intended and is
not intended to be leased, or for which payment of any type is intended to be or is
75
received, for the display of any good, service, brand, slogan, message, product, or
company.
Sign, pennant. A sign consisting of a series of flags constructed of cloth or other limp
material.
Sign, portable. A sign not permanently affixed to the ground or to a building, which is
designed to permit removal and reuse.
Single -tenant business establishment. A project or undertaking which involves the use of
any property, building or structure, permanent or temporary, for the primary purpose
of conducting on said property a legitimate commercial enterprise, or other
nonresidential use, in compliance with all ordinances and regulations of the city.
Multiple services and/or goods offered by a business establishment shall be
considered a single -tenant business establishment for the purposes of this section. This
definition shall include, but not be limited to, retail co -branding such as convenience
stores with gas pumps and restaurants, grocery stores with banks and discount stores
with other incidental uses.
Tenant separation. A partition or floor/ceiling assembly or both constructed between
tenants as per the adopted building code.
(c) Permitted uses. The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105
Sign Overlay District, shall be determined by the underlying zoning district
classification.
(d) Boundaries.
For place of beginning, begin at a point in the north right-of-way line of Tolivar Road,
a 60-foot-wide street right-of-way, said point also being in the southwest corner of Lot
7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an
unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont,
Jefferson County, Texas;
Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a
distance of 322.4 feet, more or less, to a point in the south right-of-way line of State
Highway 105; thence continuing north a distance of 50 feet to the centerline of said
State Highway 105 to a point for corner; thence west along the centerline of State
Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a
distance of 50 feet to a point in the north right-of-way line of State Highway 105;
76
Thence continuing north along a line 100 feet east of and parallel to North Major
Drive to a point in the north right-of-way line of the L.N.V.A. Canal (Lower Neches
Valley Authority Canal); thence in a southwest direction along the northerly line of
the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner;
Thence north 1,400 feet, more or less, to a point at the southeast corner of Western
Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42;
thence continuing north along the east line of Western Hills, Unit 2 a distance of 810
feet to a point for corner in the south right-of-way line of the 60-foot-wide Tolivar
Road right-of-way; thence north 32' east a distance of 70 feet to the place of
begimiing, containing an area of 2,613 acres or 4.08 square miles, more or less.
(e) Area and height regulations. Minimum lot area, width, depth, yard and building
height shall be determined by the underlying zoning district classification.
M Sign regulations. Signs shall not be permitted within the
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically
authorized in this section.
(1) Permit requirements. No sign, unless herein excepted, or where
permitted by section 28.04.003 (e) of this code. shall be located,
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the building official in accordance with the
requirements of this chapter and the International Building Code.
(2) Prohibited signs. In addition to the prohibited signs listed in section
28.04.003(f), the following types of signs are prohibited in this overlay
district:
(A) Advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Pennants, decorations or other attention -getting devices.
79
(3) Sight distance. No sign shall be located within a 30-foot by 30-foot
triangular shaped portion of land established at street intersections and
driveway/street intersections in such a manner as to limit or obstruct the
sight line of motorists entering or leaving the intersection. A two (2) square
foot in area directional sign may be located within the required sight
triangle.
(4) Signs in residential -MD districts. Signs shall not be permitted in
Majoi/Dowlen/ Gladys/Hwy. 105 sign overlay residential districts except as
specifically authorized in this section.
(A) One (1) detached ideatifisation sign may be constructed at each
entrance to identify a single-family residential development. Such
signs will be subject to the following conditions and restrictions:
(i) Building wall signs will be prohibited.
(ii) Tie -sigh must be f r a.,t identifieatio of
der, The content of the sign may not be regulated.
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent lights.
(vi) All parts of the sign may be located at the property line.
(vii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached owneF idenfifieation monkim sign shall be
permitted for a multiple -family development, nonresidential or
institutional building for each abutting street, subject to the following
conditions and restrictions:
(i) The sign shall not exceed fifty (50) square feet in area.
(ii) The sign shall not exceed six (6) feet in height.
80
(iii) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as
allowed below:
a. Electronic reader beaFdsigns shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
b. The message-eapy sign face may change no more than
once every forty-five (45) seconds.
c. The sign face 44essage--eep)—shall not include any
flashing, flowing, alternating or blinking lights or animation.
d. Electronic reade;- boaM signs that are pant of a detached
owner identification sign shall be allowed to have multiple
colors.
e. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
f. Electronic i'e, signs shall not be permitted in
historic district.
(iv) All parts of the sign may be located at the property line.
(v) The sign shall meet the wind load requirements of the
building code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
(C) One (1) attached A identifleation sign per multiple -family
dwelling development or institutional building shall be permitted for
each street abutting the development subject to the following
conditions and restrictions:
(i) The sign shall be attached to or painted on the outside of the
building.
81
(ii) The attached sign shall be erected parallel to the face of the
building, supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not be lighted except by reflective floodlight
type illumination. There shall not be any flashing or intermittent
lights.
(v) No sign shall exceed ten (10) percent of the area of the wall
to which it is attached, or one hundred fifty (150) square feet,
whichever is less.
(5) Signs in commercial and industrial -MD districts. Detached signs shall not
be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
(A) Single -tenant business establishment.
(i) Developments with less than eighty thousand (80,000)
square feet in gross building area shall be permitted one (1)
detached owner ident~fir;•ln~ monument sign per street frontage
that abuts the property. Developments with eighty thousand
(80,000) square feet of gross building area or greater or
developments with six hundred (600) feet or more of street
frontage shall be permitted two (2) detached
signs per street frontage that abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured from twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
82
C. All parts of the sign may be located at the street right-
of-way and shall be located a minimum of ten (10) feet from
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader beaFEI signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
2. The sign face message eepy-may change no more than
once every forty-five (45) seconds.
3. The sign face shall not include any
flashing, flowing, alternating or blinking lights or
animation.
4. Electronic reader beams -signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
5. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(B) Multi -tenant business development.
(i) Developments with less than eighty (80,000) square feet in
gross building area shall be permitted one (1) detached ewner
iden"eatien-monument sign for each street frontage that abuts
the property. Developments with eighty thousand (80,000) square
feet of gross building area or greater or developments with six
hundred (600) feet or more of street frontage shall be permitted
83
two (2) detached signs per street frontage that
abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than twenty (20) feet in
height, the maximum height being measured from twenty-
four (24) inches above the curb adjacent to the property.
b. The sign shall not exceed two hundred forty (240)
square feet in area with the sign facing not to exceed two
hundred (200) square feet.
C. All pants of the sign may be located at the street right-
of-way and must be located a minimum of ten (10) feet from
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached ee�
dents heat ion -sign.
2. No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The message copy may change no more than once
every forty-five (45) seconds.
4. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
5. Electronic +eager -board --signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
6. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
84
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(C) Gasoline retailers owner identification/pricing, board sib. One (1)
detached sign for each street
frontage that abuts the property shall be permitted subject to the
following conditions and restrictions:
(i) Dowlen Road, Hwy. 105 and Major Drive.
a. The sign shall not be greater than fifteen (15) feet in
height, the maximum height being measured from twenty-
four (24) inches above the curb height adjacent to the
property.
b. The sign shall not exceed one hundred (100) square feet
in area with the sign facing not to exceed eighty-five (85)
square feet.
C. All parts of the sign may be located at the street right-
of-way and must be located a minimum of ten (10) feet from
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a pant of a detached owner
identification sign.
2. No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The message copy may change no more than once
every forty-five (45) seconds.
4. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
8s
5. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
6. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
All other streets in the MD Sign Overlay District.
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured from twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
C. All parts of the sign may be located at the street right-
of-way and shall be located a minimum of ten (10) feet from
any other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader -board signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
2. The sign face message -copy -may change no more than
once every forty-five (45) seconds.
3. The sign face Message-eep}-shall not include any
flashing, flowing, alternating or blinking lights or
animation.
86
4. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
S. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(g) Exemptions. The following signs are exempted from the requirements of this
section:
(1) Changing of permitted sign face eepN-of an existing bulletin board,
general advertising poster or paint panel(s), display encasement, marquee,
flat sign, [or] detached sign provided no increase occurs with respect to
either the area or [of] such sign or the manner in which it is structurally
supported.
(2) Signs mounted or on or applied to trucks, buses or passenger vehicles
which are used in the normal conduct of business.
(3) Signs permitted by section 28.04.003 (e) of this chapter.
[3) Nameplate and ..tal! e...l.lress s loss than tl*-ee (3) s e f pt
_C n�
4ze-.
(4) illuminated real estate signs,temperar in nMum, not emeeeding
mofe than sixty feuF (64) SqUaFe feet in aFea, adVO14iSiHg Feal estate for sal
lease ..announcingentemplated impre-vements of real estate; provide
!hat on!), one (1) eh sign shall be ., fBitted o each StFeet 4 eating he
prepelt),. The must be leeated on the peFty subjeet to sale o
�t.
(4) Properties for Sale or Lease. Properties that are being marketed for sale
or lease are allowed to have one additional nonilluminated temporary sign
per street frontage, not more than sixty-four (64) square feet in area and six
87
(6) feet in height, provided the additional temporary sign is removed within
seven (7) des following the sale or lease of the property.
(5) ConstrucLien signs; net t. z desert { square few and -not
denoting the owner, are-hize^�:;aneial
iiistiiatiengenet-al „4 cteF tibe,,,,+..,,, toF or any statement pertakiin
tlie--preje", rovided *I,� flnere iss only e (1) sign f; eael, street abuttin
the �„�-premises.
Warning,
square feet : area and four (4) feet in lieight
_ e
than eight (-8) sgiim4_2 f@@ —f+l—Eire"and f:. (5) feet 1 igl 1 i ot —i i-i--ri�c-'r'--ria—iri i`cs�'i i
:II,,., mated, ..lien placed within A sido.,t:.,llyzened Weetionsigns
,st he , .ed . ithi„ ten (10) days .,F er the eleetion O E)ff fleet:,,., if
appifeable.
(84) Banner signs, when attached to a building. Detached banner signs,
not exceeding twenty-one (21) square feet in area and five (5) feet in height,
shall be allowed for each individual establishment or entity. Detached
banner signs shall not be placed on any one (1) property more than five (5)
times per calendar year and shall not be displayed for longer than thirty (30)
consecutive days at any one (1) time with one (1) 30-day extension allowed
for a total of sixty (60) days. Under no circumstances shall banner signs on
any one property be allowed for more than one hundred fifty (150) days per
calendar year. A banner permit of fifty dollars ($50.00) shall be required
from the building codes division of the city for each display period. No
banner sign shall be placed on city right-of-way. Banner signs shall be
supported by non -permanent supports that are not permanently set in the
ground. These supports shall be removed with the sign at the expiration of
each allowed time period.
_(9) Traditional aW seasonal naiional, state and religious lioliday disphsys
e subjeet to the provisions of illis-
chaptei-,
88
(1AS) Attached advertising signs located on nonprofit recreational
facilities.
(h) Continuation of nonconforming signs.
(1) All lawful nonconforming ^ o oRev.-ateridden ifieation signs,
other than advertising signs (billboards) shall be allowed to exist in the MD
Sign Overlay District except as provided for herein. Provided however,
when a nonconforming sign falls into disrepair, or is damaged by fire,
explosion, act of God or other calamity to the extent that the cost of
reconstruction or repair exceeds fifty (50) percent of the replacement cost of
the sign, such nonconforming signs shall no longer be permitted.
(2) All nonconforming advertising signs existing in the MD Sign Overlay
District on the effective date of this provision may be required to be
relocated, reconstructed, or removed by the city council. Any sign required
to be relocated, reconstructed, or removed shall be accomplished in
accordance with the procedures as provided for in chapter 216 of the Texas
Local Government Code.
(Ordinance 00-58, sec. 1, adopted 7/11/00; Ordinance 04-043, sec. 1, adopted 6/29/04;
1978 Code, sec. 30-23.1; Ordinance 08-021, secs. 6, 7, adopted 3/18/08; Ordinance
adopting Code; Ordinance 12-031, secs. 5-8, adopted 6/26/12; Ordinance 17-070
adopted 10/24/17)
fA .4. See. 28.03.022 Neighborhood Design Overlay District
(a) General purpose and description. The purpose of the ND, Neighborhood Design
Overlay District, is to provide for the protection, preservation and design
compatibility of buildings, sites and areas within the overlay district. More
specifically, this district has the following expressed purposes:
(1) To encourage neighborhood conservation;
(2) To stabilize property values;
(3) To prevent the construction of buildings of a size and scale not
compatible with the established built character of the district.
This district supplements the regulations of the underlying zoning district
classification. The zoning map shall reflect the designation of a Neighborhood Design
89
Overlay designation by the letters "ND" as a suffix to the underlying zoning district
classification.
(b) Reconciliation with other ordinances. All city codes, as amended, apply to all
Neighborhood Design Districts unless expressly modified by this ordinance.
(c) Applicability and boundaries. This ordinance shall apply to all lands zoned as
Neighborhood Design (ND) as described below and as shown on the adopted zoning
map:
Being Lots 1-13, Block 1, Lots 1-13, Block 2, Lots 1-26, Block 3, Lots
1-26, Block 4, Lots 1-26, Block 5, Lots 1-26, Block 6, Lots 1-26,
Block 7, Lots 1-26, Block 8, Lots 1-26, Block 9, Lots 1-26, Block 10,
Lots 1-14, Block 11, Lots 1-13, Block 12, Lots 2-12, Block 13, Lots I-
10, Block 14, Calder Place Addition, City of Beaumont, Jefferson
County, Texas, containing 47.58 acres, more or less.
(d) Use regulations of Neighborhood Design Districts. All previous uses legally
permitted by the underlying zoning district receiving Neighborhood Design
designation shall remain so upon adoption of this ordinance.
(e) Definitions. Unless the context clearly indicates otherwise, in this section:
Buildable area. The area in which development subject to this subchapter [this section]
may occur, and which is defined by the side and rear setback planes required by this
subchapter, together with the area defined by the front, side, and rear yard setbacks
and the maximum height limit.
Height. In this subchapter, the height of a building or setback plane shall be measured
as follows: Height shall be measured as the vertical distance from the average contact
ground level at the front wall of the building to the highest point of the coping of a flat
roof or to the deck line of a mansard roof, or to the mean height level between eaves
and ridge for gable, hip or gambrel roofs.
(f) Nonconforming uses and structures. Except as otherwise provided in this
section, section 28.04.005 of the city Code of Ordinances relating to nonconforming
uses and structures, applies to all Neighborhood Design Districts.
(g) Review procedures, modifications and appeals. Compliance with the provisions of
this subchapter shall be the responsibility of the planning manager. Appeals of the
provisions of this subchapter shall be made to the board of adjustment as outlined
in section 28.02.005 of this zoning ordinance.
90
(h) Supplemental regulations. Parking in front or side yards. Within front or side
yards, off-street surface parking is not permitted on grassed and non -paved areas.
(i) Development standards for Neighborhood Design Districts.
(1) Building height. Except where these regulations are superseded, the
maximum building height for development subject to this subchapter is
thirty-five (35) feet. Section 28.03.024(c) (height limit exceptions) does not
apply to development subject to this subchapter, except for allowances for
belfries, ornamental towers or spires, antennas and flagpoles. Building
height shall be measured under the requirements defined in the definition of
"height" in subsection (e) of this section.
(2) Front yard setback.
(A) Minimum setback required. The minimum front yard setback
required for development subject to this subchapter is the average front
yard setback, as provided in subsection (B) below.
(B) Average front setback.
(i) An average front yard setback is determined based on the
setbacks of each principal residential structure that is built within
50 feet of its front lot line.
(ii) Except as provided in paragraph (iii), the four structures
that are closest to the subject property on the same side of the
block shall be used in the calculation of average front yard
setback. If there are less than four structures on the same side of
the block, the lesser number of structures is used in the
calculation.
(iii) If there are no structures on the same side of the block, the
four structures that are closest to the subject property and across
the street are used in the calculation. If there are less than four
structures across the street, the lesser number is used in the
calculation. See figure 1.
91
amounts required by reference to the "parking group" column, (2) subject to
compliance with all of the requirements specified in the section or sections whose
number appears in the "special conditions" column opposite the permitted use and (3)
obtaining a specific use permit as set forth in section 28.04.001. No primary use shall
be permitted in any district other than a use shown in the following tables and no
primary use shall be permitted in any district unless the letter "P" or the letter "S"
appears opposite the listed permitted use.
(c) Uses not listed. Primary uses not listed in the permitted use table may be
permitted in any district where similar uses are permitted. The function and locational
requirements of the unlisted use must be consistent with the purpose and description
of the zoning district, compatible with the permitted uses in the district, and be similar
in traffic -generating capacity, noise, vibration, dust, odor glare and heat producing
characteristics.
(d) Accessory use. A use which is customarily incidental to that of the primary
existing use, which is located on the same lot or premises as the primary existing use,
and which has the same zoning district classification shall be permitted as an
accessory use without being separately listed as a permitted use.
(e) Standard Industrial Classification (SIC) group numbers. The group description in the
1987 Standard Industrial Classification Manual prepared by the Statistical Policy
Division for the United States Office of Management and Budget shall be used to
determine the classification of primary uses when reference is made in the tables to a
designated standard industrial classification (SIC) group number. Such SIC manual
shall be filed in the office of the city clerk for public inspection during business hours.
Zoning District
Permitted Primary Use
A-R
R-S
RNI-lI
RII-11
RCR
RCR-H
NC
NSC
GC-
GC-
CHD
C-DI
LI
HI
PUD
SIC Group
DID
DID-2
P
P
P
01
AGRICULTURAL PRODUCTION -CROPS
(except as noted)
P
S
P
P
P
S
S
P
P
P
S
018
Horticultural Specialties (including retail
sales)
1,
P
02
AGRICULTURALPRODUCTION-
LIVESTOCK
P
P
P
S
07
AGRICULTURAL SERVICES (except as
P
noted)
-771
P
S
P
P
P
S
S
P
P
P
S
074
veterinary Service;
96
NSC Neighborhood
87,120
200
200
20
15
25
5
20
10
Shopping Center
(2 acres)
GC-l%lD General
7,500
75
100
20
15
20
5
20
10
Commercial —
Multiple -Family
GC-MD-2 General
71500
75
100
20
15
20
5
20
10
Commercial—
Multiple -Family
CBD Central Business
]lone
Dolle
hone
I1011C
11011e
25
none
I1011C
110I1C
District
C-MCommercial-
10,000
100
100
25
25
25
5
25
10
Manufacturing
t These numbers refer to exceptions enumerated in subsection 28.03.024(c).
3. INDUSTRIAL DISTRICTS
Zoning Districts
Lot Area
Lot Width
Lot Depth
Yards, Minimum (feet) 9, 12t
Height Maximum
Minimum
Minimmm
Mininuun
(feet)7t
(square feet)
(feel) 5t
(feet) 5t
5t
Abutting street ROW
when abutting other property lines
When across street
When across street
In a nonresidential
in a residential
from nonresidential
from residential
district 2, 4t
district 3t
districts
districts
Light Industrial (L-
10,000
100
100
25
40
5
25
nOnC
I)
Heavy Industrial
20.000
100
1C0
25
50
5
50
none
(H-1)
j These numbers refer to exceptions enumerated in subsection 28.03.024(c).
(c) Area and height exceptions.
(1) In residential districts one-story, unattached accessory buildings or
structures less than twenty (20) feet in height may be located to within two
and one-half (2-1/2) feet from an interior side yard or rear yard property line
provided they are located in the rear yard or as close to the rear yard as
existing utility easements will permit; provided, however, that an accessory
building or structure cannot cover more than sixty (60) percent of a rear
yard.
113
district change shall be denied on the basis that the request would be favorably
received if reapplication was made for a specific use permit.
(b) Permit required. A building permit or certificate of occupancy shall not be issued
for any use to be located in a zoning district which permits that use only as a specific
use unless a specific use permit has first been issued in accordance with the provisions
of this chapter.
(c) Application procedure. An application for a specific use permit shall be filed with
the planning department on a form prepared by that department. The application shall
be accompanied by a site plan which, along with the application, will become a part of
the specific use permit, if approved. The accompanying site plan shall provide the
following information:
(1) Data describing all processes and activities involved with the
proposed use;
(2) Boundaries of the area covered by the site plan;
(3) The location of each existing and proposed building and structure in
the area covered by the site plan and the number of stories, height, roof line,
gross floor area and location of building entrances and exits;
(4) The location of existing drainageways, and significant natural
features;
(5) Proposed landscaping and screening buffers;
(6) The location and dimensions of all curb cuts, public and private
streets, parking and loading areas, pedestrian walks, lighting facilities, and
outside trash storage facilities;
(7) The location, height and type of each wall, fence, and all other types
of screening;
(8) The location, height and size of all proposed signs.
(d) Public hearings. The notification and public hearing process for a specific use
permit or revocations thereof is set forth in section 28.02.008 of this ordinance.
(e) Conditions for approval. A specific use permit shall be issued only if all of the
following conditions have been found:
117
(1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity;
(2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
(3) That adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided;
(4) The design, location and arrangement of all driveways and parking
spaces provides for the safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the general public or adjacent
developments;
(5) That adequate nuisance prevention measures have been or will be
taken to prevent or control offensive odor, fumes, dust, noise and vibration;
(6) That directional lighting will be provided so as not to disturb or
adversely affect neighboring properties;
(7) That there are sufficient landscaping and screening to ensure harmony
and compatibility with adjacent property; and
(8) That the proposed use is in accordance with the comprehensive plan.
(f) Additional conditions. In authorizing a specific use permit, the city council may
impose additional reasonable conditions necessary to protect the public interest and
welfare of the community.
(g) Time limit. Uses allowable under a specific use permit shall not be commenced
and a certificate of occupancy shall not be issued until all the conditions of the
specific use permit are completed in accordance with the specific use permit. Unless
construction of those conditions are commenced and substantially underway within a
two-year period, the specific use permit shall become mill and void. Extensions of
time for good cause may be approved by the city council. A specific use permit that
was issued, whether by city council or exempted by section 28.04.005{d)(2) of this
chapter shall become null and void, if the land use it was issued for is closed or
vacated for a period of two years or more or is changed to a substantially different
use. In the RCR and RCR-H Districts, a change from one specific use permit to
another shall require city council approval. A substantially different use shall be
defined as one where there is a change in the intensity of the use. A change in
118
intensity shall include, but not be limited to, external structural alteration or
enlargement of the building, an increase in the required number of parking spaces, an
increase in the hours of operation or an increase in offensive noise, vibrations, sound,
smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or television.
(h) Revocation. A specific use permit may be revoked or modified, after notice and
hearing, for either of the following reasons:
(1) The specific use permit was obtained or extended by fraud or
deception; or
(2) That one or more of the conditions imposed by the permit has not
been met or has been violated.
(i) Amendments. The procedure for amendment of a specific use permit shall be the
same as for a new application; provided, however, that the director of planning may
approve minor variations from the original permit which do not increase density,
change traffic patterns, or result in any increase in external impact on adjacent
properties or neighborhoods.
0) Processing fee. A processing fee, as set in section 28.02.008(e) of this chapter,
shall be required for the processing of each specific use permit request.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 85-120, sec. 2, adopted
11/26/85; Ordinance 87-33, secs. 6, 8, adopted 4/28/87; Ordinance 98-7, sec. 6,
adopted 2/3/98; 1978 Code, sec. 30-26; Ordinance 08-106, sec. 6, adopted 11/25/08)
A Sec. 28.04.002 Off-street parking and loading regulations
(a) Off-street parkingregulations. It is the intent of this section to assure that adequate
off-street parking to accommodate personal vehicles of employees and/or customers is
provided with the construction, alteration, remodeling or change in the use of land.
(1) Any person establishing an off-street parking facility or applying for a
building permit for construction, reconstruction, or alteration of the use of
any building, other than a single-family residence, shall submit to the
building official three (3) copies of a plot plan designating the number,
dimensions, and location of off-street parking spaces and driveways that
exist or are proposed.
(2) The building official shall not issue a building permit if it is
determined that the plot plan does not conform to the off-street parking and
119
driveway standards adopted by resolution by the city council and on file in
the office of the director of transportation. Any variation to these standards
must be approved by the director of transportation.
(3) Required off-street parking space shall be located on, or within four
hundred (400) feet of the same lot, tract, parcel, or premises as the use being
served or other property of the same or less restrictive zoning classification
that the owner of the premises being served has a continuing right to use for
parking.
(4) Any existing building or use that is enlarged, structurally altered, or
remodeled to the extent, in the judgment of the planning director and
building official, of increasing or changing the use by more than fifty (50)
percent as it existed at the effective date of this chapter shall be
accompanied by off-street parking for the entire building or use in
accordance with the off-street parking regulations set forth in this section.
When the enlargement, structural alteration, or remodeling is to the extent
that the use is not increased or changed by more than fifty (50) percent,
additional off-street parking shall only be required for the increased or
changed floor area or use.
(5) Existing parking spaces may not be used to satisfy additional off-
street parking requirements of this chapter unless the existing spaces
proposed for use in meeting the requirements of this chapter exceed the
number required for the building or use for which the existing spaces are
associated. All parking associated with a building or use from which the
spaces are drawn must meet all requirements of this chapter.
(6) General requirements:
(A) The number of off-street parking spaces for each use shall be
determined by reference to the following "parking group table."
Specific parking groups are identified for each primary use or
accessory residential use in section 28.03.023(b).
(B) For shopping centers, or other tracts where different property
uses will share a joint parking area, the parking requirements shall be
computed based upon the overall development. Shopping centers
containing not more than two hundred thousand (200,000) square feet
of gross leasable floor area shall have a minimum of six (6) spaces per
one thousand (1,000) square feet of net floor area. Shopping centers
containing more than two hundred thousand (200,000) square feet of
120
(C) Parking spaces for the physically disabled shall be located so
that such persons may reasonably wheel or walk to reach entrance
ramps, walkways and elevators. All parking lot plans submitted for city
review shall clearly designate the intended access routes for individuals
with disabilities.
(D) All existing parking lots shall be in compliance with this
subsection on or before December 15, 1991. Existing parking lots with
fifteen (15) or fewer spaces are exempted from the requirements of the
second and third paragraphs of this subsection [subsections (B) and
(C)]
(12) Bonus for landscaping of off-street parking facilities. The minimum
off-street parking requirements shall be reduced up to a maximum of ten
(10) percent of the requirement for those parking facilities designed to
accommodate twenty (20) or more vehicles where a percentage of the total
parking area has been retained and developed as landscaped open space
area. The percentage of the landscaped open space area in excess of the
landscaped open space required in section 28.04.006(c) [28.04.006(h)] shall
determine the maximum percent reduction which will be permitted in the
total number of off-street parking spaces.
(b) Off-street loading regulations. The intent of this section is to ensure that an
adequate off-street loading area is provided with the construction, alteration, or
change of use of any business building or structure, or with any change in land use.
(1) The owner and the occupier of any property upon which a business is
located shall provide loading and unloading areas of sufficient number and
facility to accommodate on such business premises all vehicles that will be
reasonably expected to simultaneously deliver or receive materials or
merchandise, and of sufficient size to accommodate all types of vehicles
that will be reasonably expected to engage in such loading or unloading
activities.
(2) Any person desiring a building permit for the construction, alteration,
or change of use of the land or any business building or structure shall
submit a plot plan to the building official designating the number,
dimensions and locations of all loading areas and all proposed avenues of
ingress and egress to the property from adjacent public thoroughfares. The
building official shall not issue such permit if it is determined that the
proposed loading and unloading facilities will present a direct or indirect
hazard to vehicular or pedestrian traffic.
126
(3) Buildings and land uses within the CBD, Central Business District,
and the PD, Port Development District, shall be exempt from the off-street
loading requirements of this chapter unless, in the CBD, Central Business
District, an owner or occupier or business property elects to provide off-
street loading facilities, in which event, such facilities shall be approved as
provided in these regulations.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-79, secs. 1, 3, adopted
10/6/81; Ordinance 82-134, sec. 7, adopted 12/14/82; Ordinance 87-33, secs. 4, 11,
adopted 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2,
adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14)
9- L+a See. 28.04.003 Sign regulations
(a) Permit requirements. No sign, unless herein excepted, shall be located,
constructed, erected, altered, posted, attached, or painted until a building permit has
been approved by the chief building inspector in accordance with the requirements of
this chapter and the 2489 current edition of the International Building Code
adopted.
(b) Signs in residential districts. Signs shall not be permitted in residential districts
except as specifically authorized in this section.
(1) One detached owner identification sign shall be permitted for a
multiple -family dwelling development, nonresidential or institutional
building for each abutting street, subject to the following restrictions:
(A) The sign shall not exceed fifty (50) square feet in area;
(B) The sign shall not exceed fifteen (15) feet in height;
(C) The sign shall not have flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner identification
sign.
(ii) The message copy may change no more than once every
forty-five (45) seconds.
127
(D) The sign shall not have any flashing lights, intermittent
illumination, or revolve or rotate in any matmer, except as allowed
below:
(i) Electronic reader board signs shall not be permitted if
approved as part of the specific use permit.
(ii) The message copy may change no more than once every
forty-five (45) seconds.
(iii) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(iv) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an
historic district.
(vi) Electronic reader board signs that are part of a detached
owner identification sign shall be allowed to have multiple colors.
(E) The sign shall be located a minimum of fifteen (15) feet from
any property line or at the building setback line, whichever is less.
(F) The sign shall meet the wind load requirements in the building
code.
(4) One (1) detached owner identification sign shall be permitted for a
commercial use with a specific use permit in the RCR-H, Residential
Conservation and Revitalization District, subject to section
28.03.018(e)(8)(A) of this chapter.
(5) Two (2) attached owner identification signs shall be permitted for a
commercial use with a specific use permit in the RCR-H, Residential
Conservation and Revitalization District, subject to section
28.03.018(e)(8)(B) of this chapter.
(6) One (1) detached identification sign may be constructed at the----- Formatted: Indent: Left: 0.75"
entrance of a single-family residential development of ten (10) acres or
more. Such signs will be subject to the following conditions and restrictions:
129
(i) Building wall signs will be prohibited. F — Formatted: Indent: Left: 0.75", First line:
0.44"
(ii) The content of the sign � may not be regulated.
(iii) The sign shall not exceed twenty (20)square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(y) The sign shall not be illuminated except by reflective floodlight-----"" f Formatted: Indent: Left: 1.19"
type illumination. There shall not be any flashing or intermittent light.
(vi) The sign shall be placed within a landscaped setting containing
not less than one hundred twenty (120) square feet.
(vii) All parts of the sign shall be located a minimum of fifteen (15)
feet from the property line.
(viii) The sign shall meet the wind load requirements of the
building code.
(c) Owner identification signs in commercial and industrial districts. Signs shall not be
permitted in commercial or industrial districts except as specifically authorized in this
section.
(1) One detached owner identification sign, and one additional detached
sign for each thoroughfare more than one that abuts the property, shall be
permitted in the NC, Neighborhood Commercial District, and the OP,
Office Park District, subject to the following conditions and restrictions:
(A) The sign shall not exceed forty (40) square feet in area.
(B) The sign shall not exceed fifteen (15) feet in height.
(C) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as allowed
below:
(i) Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner identification
sign.
130
(ii) The message copy may change no more than once every
forty-five (45) seconds.
(iii) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(iv) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs that are part of a detached
owner identification sign shall be allowed to have multiple colors.
(D) The sign shall not be located in any required yard.
(E) The sign shall meet the wind load requirements in the building
code.
(2) One (1) attached owner identification wall sign, plus one (1)
additional attached sign for each thoroughfare more than one (1) that abuts
the property shall be permitted in the NC, Neighborhood Commercial
District, and OP, Office Park District, subject to the following restrictions:
(A) The sign shall be attached flat against the wall of the building;
(B) The sign shall not exceed the height of the wall of the building to
which it is attached;
(C) The allowable sign area may be equal to one (1) square foot for
each one (1) lineal foot of store frontage with the sign area not to
exceed seventy (70) square feet.
(3) Owner identification signs shall be permitted for establishments
located in NSC, CSC, GC -MD, GC-MD-2, C-M, L-I, H-I Districts;
provided that such signs shall not be greater than fifty (50) feet in height.
The maximum height is measured from the point established by a
perpendicular line connecting the crown of the roadway immediately
abutting the property on which the sign is to be installed with the sign's
nearest vertical support to the property line, and provided further that the
structural supports for such signs shall be set back not less than ten (10) feet
from any property line or sheet right-of-way. No pant of any sign shall
overlay the street right-of-way. Where a structure existing at the effective
date of this chapter precludes locating a sign in compliance with the setback
131
regulations, the board of adjustment shall be authorized to grant a variance
to the setback requirement. There shall be no restrictions or limitations on
on -premise owner identification signs in the CBD, Central Business
District, or the PD, Port Development District. Owner identification signs
shall be permitted in PUD, Planned Unit Development District, with the
location, height and number thereof being determined in accordance with
the sign regulations for the zoning district which permits the designated use
of the property.
(-54) Electronic reader board signs shall be permitted in the GC -MD. GC-
MD-2, CBD, C-M. LI. HI and PD Districts subject to the following
conditions:
(A) The electronic reader board is to be attached to or a part of a
detached owner identification sign.
(B) The message copy may change no more than once every forty-
five (45) seconds.
(C) Message copy shall Ilot include any flashing, flowing,
alternating or blinking lights or animation.
(D) As measured at the property lisle, the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(E) No more than sixty (60) square feet or fifty (50) percent of the
maximum sign area, whichever is less, shall be dedicated to electrical
changeable cony.
(F) Electronic reader board signs that are part of a detached owner
identification sign shall be allowed to have multiple colors.
(45) Signs in PUD Districts.
(A) [Sign chart.]
Use Type (B)
Maximum Height (C)
Maximum Area (C)
Front Setback
(in feet)
(in square feet)
(in feet)
132
Multiple -family
15
20
25
Prof./med. services
15
40
20
Wholesale/retail trade
40
50
l0
Industrial
50
50
10
(B) The city council may approve a sign which exceeds the
maximum area and height where the planning commission has
determined that the sign is compatible with abutting development.
(C) The maximum area for owner identification signs in a PUD
district having mixed land uses will be determined by the regulations
for each use type as it appears in the chart in subsection (4)(A) above.
zrrr > >
NIPPON mill
--- --. — -- ----:�
(6) Prohibition. Portable signs which are illuminated by any flashing,
intermittent or moving lights shall be prohibited in all districts.
(d) Advertisin s� igns. Advertising signs shall not be permitted except as noted:
133
(B) When a nonconforming advertising sign falls into disrepair or is
damaged by fire, explosion, act of God or other calamity to the extent
that the cost of reconstruction or repair exceeds fifty (50) percent of the
replacement cost of the sign such nonconforming sign shall no longer
be permitted. A nonconforming sign may be changed or altered or
upgraded only to the extent that when the change, alteration or upgrade
is complete, it is made to conform, in all aspects, to the sign regulations
of the city.
(e) Exemptions. The following signs are exempted from the permit requirements of
this chapter -sect n:
(1) Changing of permitted sign face eep�of an existing bulletin board,
general advertising poster or paint panel(s), display encasement, marquee,
flat sign, projecting sign, detached sign, or roof sign, provided no increase
occurs with respect to either the area of any such sign or the manner in
which it is structurally supported.
(2) Signs on mounted on or applied to trucks, buses, or passenger vehicles
which are used in the normal conduct of business.
(3) In order to allow a Nameplate avid -street address signs, an attached or
detached sign Tess-� not more than three (3) square feet in size and less
than five (5) feet in height shall be permitted. The content of the sign may
not be regulated.
1140re than eight (8) square foot ; area, adyert;sitig ,eel estate for sale .,
lease or annotmeing contemplated i mproveme tits of real estate; prON'ided
that on ne stie h e-nnitted o each street f:-ent;n„ the
l�-e rr�-ri-�rS'r''�r'� shall
n) square feet , area and of
rehitest, f+t anclai
institution, geneifai-eentrar-MOr, subeentt*aet,.,. at, any statement .,e..taining to -
the e..t. ,;.lea that there is only one sigan f.,,• e eh street abutting the
(64) Window signs hung on the inside of the window or painted on the
window glass.
(7) Te,nnoFal•„ ,feeOFatifla
gs, ags
CT t e,eludin„ banneF
138
(95) Warning, security, and traffic directional signs, less than eight (8)
square feet in area and four (4) feet in height.
-(9) Eleetiens signs temperary in nattife, sixty «n) days maxwmuiw,4ess
than eight (8) square feet in areaand six )feet in height and- not
:ll,,,, inate,l when placed 14thi., residentially zoned area. Election-
1�.1,.,,,nu1�� �,�.�. Pit:
teMPOra;)' on natff placed—�v... . Wither zente. Eleefi n must be
remoyed , ,:th:., ten (iO) days afte.• the elect:.,,,
(4-00 Signs in the PD, Port Development District, and the CBD, Central
Business District.
7 Flags.
(A) Flags on Properties with Single -Family or Two -Family Residential
Uses: Two fabric or cloth flags not being more than twenty-four (24) square
feet in area, affixed to not more than one side of the cloth or fabric shape by
a flagpole or post not higher than twenty-five (25) feet in height and,
(B) Flags on Properties with Institutional, Multi -Family, Commercial
and Industrial Uses: Fabric or cloth flags affixed to not more than one side
of the cloth or fabric shape by a flagpole, setback a minimum of ten (10)
feet from any propegy line are permitted without limit.
(8) Election Season Supplementary Signs. The following additional
temporary signs are exempt from permittingfor or a period of sixty (60) days
prior and ten (10) days after an election involving candidates or measures
for a federal, state or local election that involves a measure on the ballot of
an election within the area. The content of the sign shall not be re ulg ated.
provided they are not located within the rights -of -way.
(A) Properties with Single -Family or Two -Family Residential Uses'--" Formatted: Indent: Left: 1"
Unlimited number of temporary signs that are not more than eight (8)
square feet in area and six (6) feet in height.
(B) Properties with Institutional, Multi -Family, Commercial and
Industrial Uses: Unlimited number of temporary signs: Unlimited
number of temporary signs that are not more than twenty (20) square feet
in area and eight (8) feet in height.
(C) Additional Temporary Signs located at Election Polling
Locations: Regardless of the zoning district, for those properties
139
containing a polling location for an election involving candidates or
measures for federal, state or local election within the area, there shall be
no limit on Temporary Signs from one day prior to the beginning of
early voting, of the election until ten (10) following election day,
provided no Temporary sign is greater than eight (8) square feet in area
and no greater than six (6) feet in height. The content of the sign shall
not be regulated.
(9) Properties for Sale or Lease. The following temporary signs are exempt
from permitting during the time in which a property is for sale or lease,
provided they are removed within seven (7) days following the sale or lease
of the property. Signs may not be located within the rights -of -way and
content shall not be regulated.
(A) Additional Temporaw Signs on Properties with Single -Family or
Two -Family Residential Uses: one additional nonilluminated temporary
sign per street frontage, not more than eight (8) square feet in area and
six (6) feet in height,
(B) Additional Temporary Signs on Properties with Institutional,
Multi -Family, Commercial and Industrial Uses: Unlimited number of
temporary signs, not more than fifty (50) square feet in area, not more
than fifteen (15) in height.
(9) Properties Under Construction. Properties that are actively under
construction and for thirty (30) days after the issuance of a Certificate of
Occupancy, provided signs are not located within the rights -of -way. The
content shall not be regulated.
(A) Properties with Single -Family or Two -Family Residential Uses:
one additional nonilluminated temporary sign per street frontage, not
more than eight 8) square feet in area and six (6) feet in height,.
(B) Properties with Institutional, Multi -Family, Commercial and
Industrial Uses: Unlimited number of temporary signs, not more than
forty (40)square feet in area and fifteen (15) feet in height.
(10) Garage Sales. One additional nonilluminated temporary sign, not
exceeding six (6) square feet in area and five (5) feet in height and not
located within the right-of-way is permissible in all districts for ten (10)
140
consecutive days in a calendar year prior to a garage sale, as allowed tinder
section 28.04.008 (b)(21).
(11) In the fifteen (15) days prior to the "Grand Opening" of a new
business, an additional temporary sign not exceeding twenty (20) square
feet in area and five (5) feet in height.
(12) Temporary Yard Lettering. One additional temporary sign not greater
than sixty (60) square feet in area and five (5) feet in height for no more
than seven (7) consecutive days.
(f) Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash
receptacles or located within any public right-of-way. Signs with flashing lights or
intermittent illumination shall be prohibited, except those signs that cannot be seen
from the public right-of-way or as allowed under section 28.03.020(f)(3), section
28.03.020(1)(4), section 28.03.021(f)(4), section 28.03.021(f)(5), section
28.04.003(b)(1), section 28.04.003(b)(3), section 28.04.003(c)(1) and section
28.04.003(c)(5). Signs shall not revolve or rotate. No private sign shall resemble an
official sign or marker erected by a governmental agency. No sign shall be placed on
any property in such a manner as to obstruct the view from the left or right of a
vehicle from other traffic on the public right-of-way when lawfully entering the
roadway. The city transportation manager shall have the right to order the removal of
such signs by the property owner or by city crews, subject to a 10-day right of appeal
by the owner to the board of adjustment, prior to removal.
(g) Continuation and discontinuation of nonconforming signs. All nonconforming
permanent signs, legally existing on the effective date of this chapter, may continue to
exist; provided that signs which are fifty (50) percent or more structurally deteriorated
shall be either removed or altered so as to comply with this chapter. Signs which are
nonconforming because they have flashing lights or intermittent illumination shall be
given thirty (30) days from the date of the adoption of this chapter to be brought into
compliance with this chapter.
(h) Bonding requirements. Signs shall not be located, constructed, erected, altered,
attached, posted or painted, except by a bonded contractor whose primary business is
sign work. All electrical sign work shall be performed by a licensed master sign
electrician or a master electrician.
(i) Maintenance. All signs shall be maintained in good appearance and safe structural
condition.
141
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-25, sec. 1, adopted 3/16/82;
Ordinance 84-10, sec. 1, adopted 1/17/84; Ordinance 85-22, sec. 1, adopted 2/26/85;
Ordinance 86-30, secs. 1, 2, adopted 3/25/86; Ordinance 87-33, sec. 7, adopted
4/28/87; Ordinance 91-22, sec. 1, adopted 3/5/91; Ordinance 92-62, sec. 4, adopted
8/11/92; Ordinance 98-7, sec. 7, adopted 2/3/98; Ordinance 99-53, sec. 1, adopted
7/27/99; Ordinance 00-58, sec. 2, adopted 7/11/00; Ordinance 04-056, sec. 1, adopted
7/27/04; Ordinance 05-034, sec. 2, adopted 3/29/05; 1978 Code, sec. 30-28;
Ordinance 07-078, sec. 2, adopted 7/24/07; Ordinance 08-021, secs. 8, 9, adopted
3/18/08; Ordinance 08-106, sec. 7, adopted 11/25/08; Ordinance 10-051, sec. 1,
adopted 6/29/10; Ordinance 11-050, secs. 1-4, adopted 8/9/11; Ordinance 12-020,
sec. 1, adopted 4/24/12; Ordinance 13-033, sec. 1, adopted 6/4/13)
State law reference -Municipal regulation of signs, V.T.C.A., Local Government Code, sec. 216.001 et seq.
u See. 28.04.004 Planned unit development standards and requirements
(a) General plan. Prior to the issuance of a specific use permit or any building permit
for property located in a PUD, Planned Unit Development District, a general land use
and density plan must be submitted to the planning commission. The plan shall
include a schematic land use plan identifying proposed general uses, densities, major
open spaces, circulation and access features, and a statement indicating proposed
phasing of development and the projected timing of each phase. The planning
commission shall forward the plan with its recommendation to the city council. The
applicant shall pay a processing fee of one hundred dollars ($100.00). Advertisement
and public hearings shall be held by the planning commission and city council in
accordance with the notification procedure set forth for a rezoning application.
(b) Size. A PUD, Planned Unit Development District, may be authorized only on
sites containing five (5) or more acres of land. However, sites less than five (5) acres
will be considered on merit with a specific use permit.
(c) Cluster housing. If the proposed development contains cluster housing, the
minimum standards and requirements set forth for cluster unit housing developments
set forth in section 28.04.008(b)(1) of this chapter shall apply.
(d) Height and peripheral yard requirements.
(1) Height. Structure and buildings located in a Planned Unit Development
District shall not exceed thirty-five (35) feet, without specific authorization
and approval from the city council.
142
(10) Failure to install required material or maintain landscaping within
sixty (60) days of notification shall be subject to legal action pursuant
to section 1.01.009 of the Code of Ordinances of the city.
(11) Any request for a modification to the terms of this ordinance must be
submitted in writing and be responded to in writing by the development
services manager.
(k) Letter of credit.
(1) A letter of credit may be utilized when the landscaping improvements
required by this section 28.04.006 have not been completed prior to the
issuance of a certificate of occupancy.
(2) The applicant shall post cash or an irrevocable letter of credit payable
to the city in an amount equal to one hundred thirty (130) percent of the
estimated cost. This amount shall include the city's cost of administering the
completion of the improvement in the event the subdivider defaults as
provided herein. The security shall be deposited with the city or in escrow
with a bank at the option of the city. Such letter of credit shall comply with
all statutory requirements and shall be satisfactory to the city attorney as to
form, sufficiency, and manner of execution as set forth in these regulations.
The period within which required improvements must be completed shall be
specified by the city manager or his designee and shall be incorporated in
the letter of credit. In those cases where a letter of credit has been posted
and the required improvements have not been installed within the terms of
the letter of credit, the government body may thereupon declare the letter of
credit in default and require that all of the improvements be installed.
(1) Screening of backflow prevention devices. Any backflow prevention device required
by the plumbing code, article 24.02, division 4, be it a commercial or residential use,
shall be completely screened fi•om the street via landscaping or a solid, opaque fence.
TREES FOR BEAUMONT
Class A tree: Mature height greater than thirty (30) feet.
Branches begin at six (6) feet.
Must be two (2) inches or greater in caliper when planted.
Common Name Latin Name
157
Common Name Latin Name
American Holly
Ilex opaca
Cherry Laurel
Prunus caroliniana
Chinese Fan Palm
Livistona chinensis
Chinese Fringe Tree
Chioanthus virginicus
Chinese Pistachio
Pistacia chinesis
Crape Myrtle
Lagerstroemia indica and hybrid
Flowering Pear
Pyrus Calleryana Bradford', 'Aristocrat'
Savannah Holly
ilex attenuata 'Savannah'
Golden Rain Tree
Koelreuteria bipinnata
Japanese Evergreen Oak
Quercus glauca
Loquat
Eriobotrya japonica
Mexican Plum
Prunus fnexie-afaMexicana
Parsley Hawthorn
Crataegus marshallii
Pindo Palm
Butia eapifataca itate
Purple Leaf Plum
Prunus cerasifera
River Birch
Betula nigra
Sweet Bay Magnolia
Magnolia virginiana
Texas Redbud
Cercis canadensis'Texensis'
Tree Ligustrum
Ligustrum lucidum
Tulip Magnolia
Magnolia soulangiana
Vitex
Vitex agnus-casters
Wax Ligustrum Tree
Ligustrum japconicum
Yaupon Tree
Ilex vomitoria
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain three-foot height or greater.
Must be evergreen.
Common Name Latin Name
Banana Shrub, Magnolia Fuscata Michelia figo
159
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-32)
u Sec. 28.04.008 Special conditions
(a) General. The following sections describe the special conditions under which
certain uses are permitted in a zoning district when reference is made to one or more
of said sections in the chapter. A building permit or certificate of occupancy shall not
be issued for any permitted use with "special conditions" until all of the required
conditions have been met.
(b) Special conditions by use.
(1) Cluster housing developments. Cluster housing developments shall meet
each of the following conditions:
(A) Area. The site shall contain two (2) or more acres of land.
(B) Density. The minimum average net land area per dwelling unit
shall be governed by section 28.03.024(b), but shall not include public
and private streets in the development.
(C) Yards. A minimum twenty -five-foot yard or open space area
shall be required from all public street rights -of -way and from the
boundary of the development. A minimum yard of ten (10) feet shall
be established between all unattached dwellings.
(D) Lot area and yards. Individual lots are exempt from the minimum
lot area and yard regulations otherwise imposed in this chapter.
(E) Common open space. There shall be a minimum of one thousand
(1,000) square feet of usable common open space per dwelling unit in
the development. Common open space must be usable for recreational
activities and must be assembled in contiguous areas of not less than
ten thousand (10,000) square feet.
(F) Final plat. A recorded final plat covering all the area of a cluster
housing development shall be required before a building permit shall
be issued.
(G) Development phases. A description of plarmed development
phases shall be included in the application for, and made a part of the
approval of, the final plat for cluster housing development. Each
165
(14) Accessory parking. Accessory parking of vehicles with more than two
(2) axles or that have a rated carrying capacity in excess of two (2) tons,
other than recreational vehicles, shall not be allowed in residential zoning
districts.
(15) Storage limitations. In a GC -MD District a towing service shall only
be permitted to store not more than ten (10) vehicles on the lot or premise
on which it is located as a use of right. Storage of more than ten (10)
vehicles shall be permitted only with a specific use permit.
(16) Heliports and helistopss. Heliports and helistops, as defined in section
28.01.004(b), are subject to the requirements of article 14.02, division 2 of
the Code of Ordinances.
(17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC,
GC -MD, GC-MD-2 and CBD Districts shall be limited to the care of
household pets and shall not provide overnight kennel services, except on a
medical emergency basis. Overnight kennels and veterinary services not
limited to household pets may be allowed in GC -MD, GC-MD-2 and CBD
Districts with a specific use permit. Veterinary services for animal
specialties (SIC 0742) may be permitted as an accessory use to existing
kennels (SIC 0752) with a specific use permit.
(18) Permitted land uses. The land uses listed under SIC Group Number 20
through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the
GC -MD, CBD and C-M Zoning Districts if. (i) granted a specific use permit
and (ii) comply with the following conditions:
(A) All business -related activities, including storage of materials and
equipment, shall be conducted within a completely enclosed structure.
(B) All lighting shall be situated so as not to cast or reflect light on
any residential property.
(C) A traffic circulation plan showing all parking, drives,
loading/unloading areas, and curb cuts and truck routes shall be
submitted to the city engineer for his approval. The city engineer may,
as a condition of approval of the traffic circulation plan, restrict the
size of trucks parked on the site or involved in deliveries and pickup.
The city engineer may also designate or restrict truck routes.
171
(D) The maximum gross floor area for any lot or premise shall be
five thousand (5,000) square feet.
(E) Signs shall comply with the sign requirements for the NC,
Neighborhood Commercial District.
(F) Industrial performance standards, as specified in section
28.04.006 [28.04.0071, will be applicable.
(G) Special condition 18 shall not apply to temporary batching
plants (SIC 295 and SIC 3273) and permanent batching plants (SIC
353).
(19) Residential care uses. Compliance with the following conditions is
required:
(A) At least fifteen (15) days prior to the issuance of a building
permit and/or a certificate of occupancy, written documentation must
be submitted to the building official outlining the type, size, location,
characteristics and proposed activities of the facility. The names,
addresses and phone numbers of the operators, general operation
information, a site plan and a list of the licenses and grants the facility
will operate under must also be submitted.
(B) The owners of property within two hundred (200) feet of the
proposed facility's property lines must receive a written notice of
compliance with the ordinance [this chapter] no less than ten (10) days
prior to the issuance of the building permit and/or the certificate of
occupancy. The notice will contain a copy of the written
documentation submitted to the building official as required in special
condition (19)(A). A processing fee of one hundred twenty-five dollars
($125.00) shall be paid to the city.
(C) A facility must be licensed, certified, or accredited by an agency
of the county, state or federal government prior to providing services
and the issuance of a certificate of occupancy. Approval of a specific
use permit by city council may be used in lieu of a license.
(D) A facility must provide twenty -four-hour on -site supervision of
its residents or clients.
(E) A facility must comply with the following densities:
172
Zoning District Minimum Square Feet of Lot Area Per Resident
RMM
800
RMH
500
RCR
500
GC -MD
500
GC-MD-2
500
CBD
No minimum as determined by specific use
permit
PUD
(F) A sign measuring not less than ledger (eleven (11) inches by
seventeen (17) inches) in size will be posted in the public right-of-way
adjacent to the proposed facility's location not less than ten (10) days
prior to the issuance of a building permit. The sign will state the type
of land use and the name, address and phone number of the agent or
agency responsible for the proposed facility.
(20) Storage of plastic and rubber material. The storage of plastic and rubber
material within the city limits shall meet the following conditions:
(A) The warehouse shall be limited to a one-story structure with a
height limit of forty-five (45) feet.
(B) The warehouse shall be located on a lot of no less than ten
thousand (10,000) square feet in area.
(C) The building setbacks shall be a minimum of twenty (20) feet
from any and all lot lines or as listed on the area and height regulations
tables, section 28.03.024(b) 2. and 3., whichever is greater.
(D) The regulations of the fire code shall be complied with.
(21) Garage sales are a permitted use in all the residential zoning districts
provided the following conditions are complied with:
(A) A garage sale shall not be for more than three (3) continuous
days;
173
(ii) Specific use permit required.
a. A specific use permit granted by city council is required
for the establishment of a bed and breakfast facility, the
granting of which is provided for in the city Code of
Ordinances (section 28.02.008).
b. An application for a specific use permit shall be filed
with the director of planning, who shall prepare a report for
review by the planning commission and city council.
C. Issuance of a specific use permit by the city council,
after recommendation by the planning commission, is
conditioned on whether the proposed bed and breakfast
facility will be compatible with and will not adversely affect
or be materially detrimental to adjacent uses, residents and
buildings or structures.
d. The specific use permit for a bed and breakfast facility
shall expire once the applicant ceases to occupy the premises.
Any subsequent occupant must apply for and be granted a
new specific use permit prior to the continuation of use of the
premises as a bed and breakfast facility.
(iii) Size. A bed and breakfast facility shall not be less than two
thousand five hundred (2,500) square feet in floor area.
(iv) Number of guest rooms. A maximum number of five (5) guest
rooms is allowed.
(v) Management. The facility shall be owner occupied.
(vi) Length of stay. Maximum length of stay is limited to
fourteen (14) consecutive days in any thirty -day period of time.
The resident owner shall keep a current guest register including
names, addresses and dates of occupancy of all guests.
(vii) Sienage. Signs shall be permitted upon approval of a
building permit by the chief building inspector and in accordance
with the city Code of Ordinances (section 28.04.003). In those
zoning districts that prohibit signs, a nameplate, not to exceed two
(2) square feet in size and consisting of t! a —name of the
17S
siablishment only --shall be permitted. The nameplate shall be
nonilluminated and shall be attached either to the structure or to
the fence surrounding the property. The nameplate shall be
compatible with the style and detailing of the house.
(viii) Parkin. One (1) off-street parking space per guest room
and for the owner is required. The maximum number of permitted
spaces shall not exceed seven (7). The front yard shall not be used
for off-street parking. All off-street parking must be screened
from the street and from adjacent lots containing residential uses.
Screening from the street and adjacent lots containing residential
uses must comply with the standards established in the city Code
of Ordinances (section 28.04.006).
(ix) Additions and alterations. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed and breakfast facility, other than those required to meet
health, safety and sanitation requirements. Minimal outward
modification of the structure or grounds may be made if such
changes are deemed compatible with the character of the area or
neighborhood. Such alterations and additions must meet all
zoning standards and building code requirements and must be
approved by the historic landmark commission (when such
property is located in a historic district, awarded an HC-L
designation and/or of historic significance).
(x) Other uses.
a. The sale and/or display of merchandise or other
commodities is prohibited.
b. Weddings, receptions, luncheons, cocktail parties, or
any other such function for which the owner receives
payment for the use of the facility, and which is not a
function for the personal use of the owner, their friends or
relatives, may be allowed if sufficient off-street or satellite
parking is provided and documented. The number of
functions shall not exceed twenty-four (24) events per year
nor more than two (2) events per month. The planning
division is to be notified of the functions taking place.
Notification shall be filed with the planning division on a
quarterly basis, indicating the type of function, the date, and
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