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HomeMy WebLinkAboutPZ2021-17 (02)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 i,, Town of Gilbert, Arizona and Recigcin Ncition(d Advertising i). 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 tojustify 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 regulator), 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. Divelfing,jtL4tLlif ple- amily. Any building or portion thereof, which is designed, built, —_ rented, ]eased or intended to be occupied as three (3) or more dwelling units or apartments and which includes facilities for food preparation and sleeping. 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, Divellhig,,,trwpj Lim ndly. A detached building having accommodations for and occupied by —_ not more than two (2),farnilies. In calculating iiiiiiiniuni lot area, a two-family dwelling shall be considered to be two (2) dwelling units. Divelling ynit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family. L,'a n i i/ y, 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. Fly,g, A fiabric Or qh)dlj� �IY 1ffiXCXJ I � 110 more 1han � ne skle, ofthe cloth gfb b ' F-- "0" J, Formatted: Indent: Left: C . . . ........... qrjjis,�t ujoi less than ht (��f qj, In height qj' 'Atilched to _1'�ot than five.(J� )jk�t Floor area, gross. The total floor space within the outside dimensions of a building including each floor level. Llqqr _qreariet. 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. Gwyge 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 ability. 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, #8361. A1011COnIbirmin lol. 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. AfonconfornOw 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. -Oven smice, Area included in any side, rear or front yard or any unoccupied space our the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Planned unil deivlqpmt .tLl. 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. L?ggistered child care home. A honie-based child care facility where the caregiver cares for tip to six (6) children under the age of fourteen (14); they may also take ill up to six (6) more school -age children. The number of children allowed in a boille 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. SLioppi ?g center, 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. Sign. 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, advert siLig. (A ht-f-44,imi-im m-'essory ownef ideH4+tIeat4on sigi+; 'A44ch directs A referrcd to as a b,fflb mrc(,,Jntended to be leased,_orforwli► ...... .... . . ch _pf 4py iypejs intended to be ot is recelved, for Ihe disjA,ay-oGjtjy-Vjp C ami _br........... . ...... d _sqogjtisimm ia ss gg, does not inelUdea sign ljrat is leased to a ----- ----- jigsii e s entity nd located on ti e,,s me_pKqpf...rty the business �s located ora -P-S ---------- -- - 1- - --- -1111---- � � - � , igr) to ated �,uNvned or k,,ased for the ~Sole puwofdisjllayin ,5ig), cjr�,,y. The sign area shall be the area of rectangular enclosures of the entire sign other than structural supports. Sign, q%ctrotiiq-reader _bo(ir(l. 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. X-Sign ky 'COPY 44m4rc4mges cw- lem lie raA ure- S)I a I Ibe.- eonsin7' pmfioll-of-aa1u Sns M'Och are (,q-� or, ()Jjef'v'ise affix ed.,to,v tp14.icks,,�,d.k todiloi)iles,,,I�-ail(,rs or other vehM s uscd p!imarfly W ui rd i sill it Y 5 uch"Si nsmhjlep�',g)wd' ,S�i �noivqgLi kjeittificatiqjj. A sign other than an adverIJsingsig�) which is located on the same lot or development a tie.1wq("?ttDiu 'p -q _ __ ___ _[YiCe fi')I� �vhich tile � 11 is h ended and is lLoljntended lo be is Sc ,wr g jy p us Jl.ilen. .... fed to - ----- .... _ be or is, iv 'd,_j(.)r,fl1e (U5 _d) ';!pY_gqgd.' gryjcC x t mt& information per-W'Fling-lo tile llafne­e(�'� the (*Wner- w4hl jai being,-s(4(L - 1g,_,..pprt&e, Any sign that is not permanently attached to the ground or any other Structure and is designed to be moved from place to place. '! "A t c -Pp"It t�,x­ L� Y �qje' d e Formatted: Font: Italic sluc gjrdj)oard,_p�y�y d '111.1".)ears, to be intended t(:'a be _QO o' other He tna(,qgj,a,j',, , Nat FHs )1ayp.d, fO� _1 L _Om li 110- JIP rJ­ -.0 C! itll C Structural qLteratiQ»Ls. Any change in the supporting or structural members of a building, including but not limited to bearing walls, Mullins, beams or girders, or any substantial change in the roof or in exterior walls. ,Stry(Liure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground. Tq1!q2Orq1Yj)Oq(&1e sfqrqge 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. .TrauqLpark. See recreational vehicle court or park, mobile home park, mobile home subdivision in.arti.cll,e 24,0,6, of the city code. 'rile 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. p . 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. Lard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls. j'ardi o tit. 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 oil 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 tile IniniMU111 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 frorn the front yard. y(.ird 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, sec. 1, adopted 4/6/82; Ordinance 82-89, see. 1, adopted 8/17/82; Ordinance 82-109, see. 1, adopted 9/14/82; 10 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) Gencral.r " es(rictiop ' s. 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 districtt 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. I- purpose apd descript iom. 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 3/10/8 1; Ordinance 82-62, see. 1, adopted 6/15/82; Ordinance 90-18, see. 1, adopted 3/27/90; Ordinance 98-7, see. 1, adopted 2/3/98; Ordinance 05-034, sec. 1, adopted 3/29/05; 1978 Code, sec. 30-5; Ordinance 08-106, see. 1, adopted 11/25/08) 4, L-j Sce, 28,01.006 Annexation zoning policy (a) T --pmcee qgjo-gJ,\,e perinaiielLdesigil.ation. All territory annexed to the city hereafter sliall be temporarily designated as R-S, Single-Farnily Dwelling District, until permanently zoned by the city council. 'file 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) jLuilding pernlits. In all annexed area temporarily classified as R-S, Single -Family Dwelling District, no permit for the construction of a building other than those permitted in all 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 ill newly annexed areas prior to permanent zoning may be authorized by the city council under the following conditions: An 13 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 all 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, see. 1, adopted 3/10/81; 1978 Code, sec. 30-6) Q, 4—p- ARTICLE 28.02 ADMINISTRATION 4, &—a See. 28.02.001 Enforcement, violations and penalties (a) Enforcement. 'File 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) Violationsncnalties. 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 ill 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 s.e.OJAII l .O 1,009 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 3/10/8 1; Ordinance 82-134, sec. 8, adopted 12/14/82; 1978 Code, see, 30-34) State law reference —Enforcement of ],aid use restrictions in plats and other instruments, V.T.C.A., Local Government Code, sec. 212.005. L±& See, 28.02.002 Issuance of building permits and utility service 14 (in) 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 3/10/8 1; Ordinance 81-58, sec. 3, adopted 7/28/8 1; Ordinance 82-134, see. 13, adopted 12/14/82; Ordinance 83-144, see. 1, adopted 10/25/83; Ordinance 84-09, see, 1, adopted 1/17/84; Ordinance 84-87, see. 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, see. 30-37) State law reference —Establishment and authority of zoning board of adjustment, V.'I'.C,A,, Local Government Code, sec. 211.008 et seq. ®, .4.. S,c,28.02.006 Planningcommission (a) CtLafiqn. The planning commission, created in accordance with article M/11 secfloj]L.74, 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. 91 other duties and exercise all other powers conferred upon it by the statutes of the state. (13) To suggest plans for clearing the city ofslums and blighted areas. A CLoQvera—fiqn_by other.._dej)gtnejtjeq& 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 set -vices 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 dilly authorized official or officials. (Ordinance adopted 4/2/46, see. 4; Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, see, 11, adopted 12/14/82; Ordinance 03-036, sec. 3, adopted 5/6/03; 1978 Code, see. 30-38; Ordinance 15-050, sec. 1, adopted 11/10/15) State Ja1v Reference --Authority of municipality to establish planning and zoning commission, V.T.C.A., Local Government Code, sec. 211,007. See, 28.02.007 Historic landmark commission - L - (a) CLrcatiqn of ii-stod.c landnlark.,,commission. For the purpose of recommending historic -cultural landmark Preservation designations and districts and for the purpose of approving or making 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. MI 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 ail 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. 'file 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 autornatically 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, see. 1, adopted 3/10/8 1; Ordinance 82-110, sec. 1, adopted 9/14/82; Ordinance 82-134, sec. 9, adopted 12/14/82; Ordinance 83-144, see. 2, adopted 10/25/83; Ordinance 85-120, sec. 3, adopted 11/26/85; Ordinance 92-62, sees. 8, 9, adopted 8/11/92; Ordinance 98-7, see. 12, adopted 2/3/98; Ordinance 03-098, sec. 3, adopted 12/9/03; 1978 Code, sec. 30-40) ARTICLE 28.03 DISTRICT REGULATIONS 0, u+& See. 28.03.001 A -It, Agric tilt it ral-Residential District regulations (a) General purpose and description. This district is intended to provide a location for land situated on the fringe of ail urban area and used for agricultural purposes, but that may become ail urban area in the future. Generally, A-R, Agricultural-Residcntial 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 heightArea and height regulations in an A-R, Agricultural - Residential District, are set forth in section 28.03, ­1. . . ......... ­ . . ............ ­­024.­-, 33 (Ordinance 81-17, see. 1, adopted 3/10/81; 1978 Code, sec. 30-7) &-+a See. 28.03.002 R-S, Residential Single. Family Dwelling District regulations (a) gcjjpxqj _puqjose an , d ciese ption. The R-S, Residential Single-FaIllily 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) Eernnijq�Ld uses. Uses permitted in an R-S, Residential Single -Family Dwelling _ District, are set forth in section 28,03,023. (c) Area 'And lies ghtiegglations. Area and height regulations in an R-S, Residential -re Single -Family Dwelling District, are set forth in section 28,03.024. (Ordinance 81-17, sec. 1, adopted 3/10/8 1; 1978 Code, sec. 30-8) Q, LiA See. 28.03.003 RNM-M, Residential Multiple -Family J)ryejjjj,g—NIedftun Density District regulations (a) �jeneralgurposc.And dq,5 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 sect1 ......ion _ 28...... ­ .03,,023. ­­.. .... _. ­­­.. 34 (c) Area..hei it-regutatiom, Area and height regulations in all RM-M, Residential Multiple -Family Dwelling -Medium Density District, are set forth in sect i-otl' 28,01024. . . . ......... 11 ---- (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-9) 01, Lipa Sec. 28,03.004 RM-14, Residential imuitiple-Family Dwelling —Highest Density District regulations (a) General urppse.sLd d,escrit tion. The RM-H Residential Multiple -Family Dwelling-Ijighest Density District, is a residential district intended to provide for the highest residential density ranging tip 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 tOW1111OLIses 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- 11, Residential Multiple -Family Uwing-HenDistrict, is usually located ad.jacent to a major streetand rves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development. (b) perijiued ,.uses. Uses permitted ill an RM-H, Residential Multiple -Family Dwelling --Highest Density District, are set forth in s.e.1pi.�n..o.ii.-..28..,...O...3...0.23.. (c) Area and height -!e1-44-0-011s. Area and height regulations ill an RM-H, Highest Density Multiple -Family Dwelling District, are set forth in se tic n 28 01024. (Ordinance 81-17, sec. 1, adopted 3/10/8 1; 1978 Code, see. 30-10) Qt. Se,. 28.03.005 RCR, Residential Conservation and Revitalization District regulations (a) General nun)-Os-e_and L (jesgjpti . The RCR, Residential Conservation and Revitalization District, is intended for predominantly residential areas of the city which are characterized by significant cone cut rat i oils of poor or fail- 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 Wi 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) Y-I.gqnitted tiscs, Uses permitted in all RCR, Residential Conservation and Revitalization District regulations, are set forth in ' sect - ion " 28 ', Q ' 3 " 0 ' 23. 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 j , jp�htre utations. Area and height regulations in all RCR, Residential Conservation and Revitalization District, are set forth in section 28,03.024. section . .... .......... (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, see. 30-11) Q, Lim See. X03.006 RCR-H, Residential Conservation and Revitalization District regulations (a) gad-sl . The RCR-H, Residential Conservation and Revitalization-l-I District, is intended for predominately residential areas in the Old Town Area of the city which are characterized by significant concentrations of pool, 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 Ill Lilt ifilin ily 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 all RCR-H, Residential Conservation and Revitalization-11 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 ill gross floor area for any lot or tract. (c) Area and 116 lations. Area and height regulations in all RCR-11, Residential Conservation and Revitalization-H District, are set forth in section 2&032-024.. (Ordinance 08-106, see, 2, adopted 11/25/08) See. 28.03.007 OP, Office Park District regulations 36 (a) CejlcrqLpqWse and descri floil. 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 neat -by and for the tenants that seek pleasant landscaped surroundings. (b) Perinitted uses. The following uses shall be permitted in this district subject to special conditions, section 28,0%4008(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 all integral part of all on-prernise medical or dental office; (6) Accessory uses. (Ordinance 81-17, sec. 1, adopted 3/10/8 1; 1978 Code, sec. 30-11. 1; Ordinance 08- 106, sec. 2, adopted 11/25/08) See. 28.03.008 NC, Neighborhood Commercial District regulations (a) Generat_purt7ose and descriptiozi. 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) 1qi�niitted uses, Uses permitted in an NC, Neighborhood Commercial District, are set forth in section 28,03,023. 'File commercial, retail and service uses permitted in this district shall .. 11 .1.not exec c I d I four thousand (4,000) square feet in gross floor area for any lot or premise. (c) Area and 11piglit y,e�ilatjqns. Area and height regulations in a NC, Neighborhood Commercial District, are set forth in section 28,03,024. (Ordinance 81-17, sec. t, adopted 3/10/8 1; 1978 Code, see, 30-12) J-'s See. 28,03.009 NSC, Neighborhood Shopping Center District regulations (a) gencta�;pqse and description. The NSC, Neighborhood Shopping Centel - 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 ad(iacent residential neighborhoods. Gross floor area in a neighborhood Centel - typically ranges from thirty thousand (30,000) to one hundred thousand (100,000) square feet, and land area consists of two (2) to tell (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 Lip to one and one-half (I- 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) tqjjjjjtted uses, Uses permitted in all NSC, Neighborhood Shopping Center District, are set forth ills do 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) AL(a4LI(—theight regulations. Area and height regulations in a NSC, Neighborhood Shopping Center District, are set forth in sectioln -2118-,0-3,024. (Ordinance 81-17, sec. 1, adopted 3/10/8 1; 1978 Code, see. 30-13) L+" See, 28,03.OtO GC -MI), General Commercial IN1111tiple-FaIllily ffivelfilig District regulations (a) General_ )jypos�� desertion. The mixed GC -MD, General Commercial _L _ I_tj�Ldesci 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 sllccIiofl-2.8,10.34021. (c) Area and height repulations. Area and height regulations in a GC -MD, General Commercial Multiple-Farnily Dwelling District, are set forth in section 28.03.024. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 ("ode, sec. 30-15) 0, L±n See. 28.03.011 GC-NID-2, General Commercial Multiple -Family ffivelling-2 District regulations (a) 9enql:aLvqr ose 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) ID.�e1�111�ttect uses. Uses permitted in a GC-MD-2, General Commercial Multiple - Family Dwelling-2 District, are set forth in s t op 28,03,023 gs� � ---l. I .............. (c) A-re—agid height .r.%t—d4ligns, Area and height regulations in a GC-MD-2, General Commercial Multiple -Family Dwelling-2 District, are set forth iii!,ge,tioi"i,-2.,,8.03' 024;. (Ordinance 98-7, sec. 3, adopted 2/3/98; 1978 Code, see. 30-15. 1) Q), Lia See. 28.03.012 C111), Central Business District regulations (a) Cameral 1"osq_,andLIescrilLtion. 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 2&01023. (c) Ama—kind 116ght jWutq—fions. Area and height regulations in a CBD, Central -� Business District, are set forth in s ct on 28,03.024. (Ordinance 84-17, see. 1, adopted 3/10/81; 1978 Code, see. 30-16) Q, 641'a See. 28.03.013 C-M, Cotiiniet-cial-'iNlaittifqcttti-itig District regulations (a) General pig ose_and tLescription. 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. r nuliercial- �c) Area and hei it regqttioqs. Area and height regulations in a C-M, Co Manufacturing District, are set forth in se-clioi) 2-8-,-0102 4 (Ordinance 81-17, see. 1, adopted 3/10/81; 1978 Code, see, 30-17) Q, Aox See. 28.03.014 U, Light Industrial District regulations (a) Qcnqna-1t?um—osq and J�esc 112—fioii. The Ll, 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 tisizs. Uses permitted in an Ll, Light Industrial District, are set forth in seefl n 2&01023. (c) Area and heiglAi re-pulations. Area and height regulations in an Ll, Light Industrial District, are set forth in sectimott MO24. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, see. 30-18) Q, 6ij Sce.28.03.015 fij,ileavylii(itistria]District regulations (a) Qoqd-pumps-eand Ld—es . 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) Rgmitted uses. Uses permitted in an 111, Heavy Industrial District, are set forth in section 2&0101121-3.. (c) Area and-11, Heavy Industrial heiglitjeguLat—iops. Area and height regulations in an I District, are set forth in section 28,03.024. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-19) f ?, &-im See. 28.03.016 PUD, Mamie(] Unit Development District regulations Al (a) Gcneral purpose 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 all 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) I?erjljjtte�j uses. Uses permitted in a PUD, Planned Unit Development District, are _ _ set forth in sect ot 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) peyej�o)nnt sta!jdards--Alld rqguLj,,j(iojjs. Minimum standards for developments in this district are set forth in sgcj ,n..2 8.04M4. .........-1111— -11 (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec, 30-20) 64-A See. 28.03.017 IIC-L, Historie-Cultural Landmark Preservation designation (a) CienqrW and Liescri -L, Historic -Cultural Landillark _ --TqWqsq-_ ,cation. The HC 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 cconorny 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-1," as a suffix to the underlying zoning district classification. 42 (b) Pennitted uses. The permit uses in the HC-L, I-listoric-Cultural Landmark Preservation designation, shall be determined by the underlying zoning district classification. Historical use activities within the I IC-L designation, Such as museums or historical organizational offices, shall be permitted when granted by a specific use permit as set forth in se boll 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 andwhe%pllt zetll,tions. The area and height regulations shall be determined by the underlying zoning district classification. (d) LSupplemental remiations. Buildings, structures, sites and areas zoned "I-IC-L" shall be subject to the following regulations and to the regulations set forth in s.ect.i.ol"I" 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 sle-ption 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 seeltilo,gi...2,8.O2,.O�a-7�. (3) Oinission of necessary repairs. Buildings and structures awarded all 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, see. 30-2 1. 1) Q, L+-& See. 28.03.018 Historic-Cultimal Landmark Preservation Overlay District (a) Definitions. Unless the context clearly indicates otherwise, in this section: ,attention-gelth?9 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-�4go A-Iylle'-S)f jiult'is -gever'ffly a shnflar I on jigjd n mte r ia I ami0i a t is niounted/tefl r d t(, polc(s) Nit-104119 qr_oUlex mrpcaire at onC u:n-Q Black ace. All of the lots oil one side of a block. CeIjj,care o L _cip? A certificate issued by the city to authorize the alteration 1 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. CqLjjrib,,titW s ��uctiirq. A structure which physically or historically contributes to the _j historic value of all historic district. qc Corner si(ef ade, The main building facade facing the side street, L - Director. The director of tile planning division or his/her representative. (See "Institutional land uses.") E,vie—riQr,rtrci iteciiiL(ilfe(iiiire. 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. Ljjjq!-,Lvce,gSoIot:. Colors defined (Munsell Book of Color) as having a minimum chroma value of eight (8) and a maximum of tell 0 0). Ewo) 11 jctqaclq. 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. plytillgional 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 1 44 hospitals and all other uses not specifically excluded are bound by the terms of this section. Alasonr), pavei. 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, alLuninUrn, or copper metal. Alove-in building. A building that has been moved onto all 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. Sign, fence. Signs attached or affixed to any type of fence. SLign -mobile. I3ti94iess-sSigns are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. sig-17 1770ving. Signs which in whole, or part, do not remain stationary at all times, regardless of power source which effects movement. l lot liq m�ALIgIt'j'y S_ jlk l-�P _i5ut C Trim color. 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) Certificate 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 (sp;I C LIq�) -�. 4). 2L A11 q (2) L1qjgl1j. Structures within an historic district must Comply With standards established in the Code of Ordinances _.Q.3,024) for the underlying zoning district or thirty-five (35) feet, whichever is less. (3) 519ji wttjniiq -poses of this section, the maximum 1 " ti " on. For the pin 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 4). (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. s. All structures within an historic district must comply with the standards established in the city Code of Ordinances (seqt Q[j 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 (,,ection 28.04.002). In addition: (A) in genera . All off-street parking, whether used to fulfill minimum parking requirements or as excess parking, must be provided on tile 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 tile 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) Pgking in front or side ygds. 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) StrLjctjjKgSj p,-jrkhjg. 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, dirt, gravel, shell, slag and clay surfaces are not permitted. (G) prikq)y s. Driveway widths shall not exceed the following dimensions: (i) Residential: a. Single-family: 20 feet. b. Two-family: 20 feet. Multiple -family: 24 feet. (ii) Commercial: 24 feet. (iii) Industrial: 35 feet. (8) %gns. 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 �ig�j - o ' i " i ' 2 ' 8."" 04A ' ) " 0 3 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) Aita!�k—dsigqs. 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 l'ollowing types of signs are prohibited in an historic district,_excetirose oudined iri Seclion 28.04A)03 k (i) Advertising signs; (ii) Illuminated signs; (iii) Neon or fluorescent signs; (iv) Signs affixed, either permanently or temporarily, to street furniture; (v) Por-tatfle PortqWe SSIignsj--'(n%Au(4n0'5 ,jas defined in section -28-.4- 3 28 01 004, sign regulations, as outlined in the city Code of Ordinances; (vi) Mobile signs; ME (vii) Moving signs; and (viii) Fcnce signs. (ix) W Other attention -getting devices used by commercial establishments. (9) Lifter/trash and Junk. Section 12.07.001 [gti-c-1-c 12A-71 litter control and sections, 22,05,051 through 22.05,06 1, 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 darnage, rot or destruction must not be placed on an open porch or outdoors. (11) Outdoor m . No business shall display any merchandise ---merely 4tidising outdoors within a historic district. (f) 1tehabiiita&,r uideiines, 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 minfinal 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. il BuiLding-p .jqcenj�L (A) Acqqsso�btjilCfingWs. 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 ai id 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) ALdlitegwral detai ' 1. 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) AxyniM. 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) jItEilding-pLceiiient, All structures within all historic district must comply with the standards established in the city Code of Ordinances (spgiqn 2,8.03.024). (F) Mlding_�vidtljs. All structures within all historic district must comply with the property setback standards established in the city Code of Ordinances (sg�, spAA11 EZ-1). (G) Ciiiniqpys s. 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 oil a corner side facade must be: 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 sectioi] 09-6 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) Eorip. 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 s,e,lc,t,i,,,o,i,i---,.2.8..O,,4...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 all historic district, or of an historic district as a whole, the historic landmark commission shall grant the certificate. (6) Who may gpppeal. 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 An appeal from a decision of the historic landmark commission must be taken to city council within tell (10) business days after the decision has been rendered. (7) Exceptions. Properties which are determined by tile 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. Nonconforming qsg. s and structures. -- (1) In geDeral. Except as otherwise provided in this section, s ' ection 28.04.005 of the city Code of Ordinances relating to nonconforming uses and structures, applies to all historic districts. (2) jLeMj0jy dam4gqd or destroyed hLi din s " 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. M1 (3) Amortization of nonconfornii Ag..—structuLes and gravel 4d, shell„ �arlcirr 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. L)es _qja cotitributing 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 0 ,007 (I-IC-L, f listoric- Cultural Landmark Preservation designation). (Ordinance 93-28, see. 1, adopted 6/29/93; Ordinance 93-50, see. 1, adopted 8/24/93; Ordinance 95-50, see. 1, adopted 8/29/95; Ordinance 98-27, sec. 1, adopted 3/24/98; Ordinance 00-83, see. 1, adopted 9/26/00; Ordinance 01-018, see. 1, adopted 3/6/01; Ordinance 02-008, sees. 1-3, adopted 1/29/02; 1978 Code, sec. 30-21.2; Ordinance 10-040, sec. 1, adopted 6/8/10; Ordinance 13-003, sees. 1-2, adopted 1/15/13) Q, Lim See. 28.03.019 PD, Por-t I)evelopment District regulations (a) GeneralurjLoscan(Ldescrjptjon. The PD, Port Development District, is intended to accommodate the port or port -related development of property owned by the Port 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 Streets. (b) Permitted uses. Any use which is not otherwise prohibited by applicable local codes or ordinances. (c) Area_ and hei ht re qlations. There shall be no area and height regulations in the PD, Port Development District. (Ordinance 81-17, sec. 1, adopted 3/10/8 1; 1978 Code, sec. 30-22) 4, 6—A See. 28.03.020 Tic, Urban Corridor Overlay District regulations (a) Ceangdlp—urpmsie —and .description. 62 (1) Tile 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 identify 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. quached. 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. y,jg_jj'_LjetacIied. 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. S qjectLoniq Leader 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 sif,'11 F49-il afWA-10HI Sign,Leine. A sign attached or affixed to any type of fence. �i&i_tLiobij or­�,eTvik7es q. A btts is on or affixed to truck-,, automobiles, trailers or other vehicles used primarily to support or display such signs while parked, sign LnoyiLig. A sign which in whole, or part, does not remain stationary at all times,, regardless of the power source which affects movement. Si1,_poqable. 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 A �Qptlmqgd off ',q?,qr offier Hke fqaletj,als ffi� _a w be hiterlded to be -- - -- -1-1 - — — I I I I — --1— 11 --p - - -- ------ Pie, - i'ora oftk'�)e. --------------- . ............ ...... ......... —, JC) Permitted uses. The permitted uses in the UC, Urban Corridor Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries. The boutidaries of the Urban Corridor Overlay District shall extend a distance of two hundred (200) feet. from the street right-of-way of Mal -till Luther King Parkway front 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 all Urban Corridor Overlay District except as specifically authorized in this section. (1) Permit requirements. No sign, unless herein excepted pe _rqi1t1e(, b Y ....secflor� 28,04A03,je) aq .)f.,jjjs hj,g ap.,, 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) ibited Lu. <kOOJOQII- lo, (lie 1) 1 1 _ d ed ig seeflop �'pi-J.Pite jg,ps, .1 is ............... . .................. __ ................ 0 13 4-' prohibited in this Urban fl khe following types of signs are pt 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) Felice signs. (F) (3) . igpsjn residential.. -TJC districts, Signs shall not be permitted in urban corridor overlay residential districts except as specifically authorized in this section,'is weH as sedim 28,04,003-of't],�is-,(,tiapi�,t:,, - ............... .............. ..... . ....... ... . . . - I ---- - - - -- - --------- ----- � I ---- 64 (A) One (1) detached identification sign may be constructed to ideflfll_ak fl1e entrance ' 0 " f - a single-family residential development of tell (10) acres or more. Such signs will be Subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. ',Ag-n Welltifiea4i(N-I -4' ii subdivi,4ion. The content of'01 11 j11ay.II_qt IIe_Mgtz ted, (iii) The sign shall not exceed twenty (20) square feet in area. (iv) Tile 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. (yj ' vi) 'file 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 nicet 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. 1. 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. --- - - --------------------- F or —Left" ....... ... .... . i 'n a t t e d Indent d e n t 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 tell (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) j.-xcnjio " i - i - s. The following signs are exempted from the requirements of this section: (A) Changing of permitted e4apy­_ - sign fqc.e of all 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. i�st,tt,attta d 21­fIil!­O 4,0.01_(��) less ... . .......e'M­est. .. not em"V'editig. in Sale of fe,M oil k, - Om­(4-)­Suel+ -Sig . .... .. ... — — - --­--­­-­------- — - - ­­­­­­ uCs for S',ale or Leas Pro cuties that are being Formatted: Indent: Left: 1.13" _111.11 ­ ­ ­ ­­­ �. .­­­­.­­ � � .. e., ......... .. . ...... s,fle lease are alknved to have one acUdowd noniflmninaled . ........... . - --------- ------- ---- I than6g�it pv f(t '1111111 _qq, ___ in area atid six_((.��j �!jli, jj�Kc��v�dcd tile addifiol'uI.d "tcIn galy qtjj] heiZ ............ .... ... . . �5 is repi(')Ved withill_s v day fpHo sale or lease qffle P•a EKIT(Yl. 72 S4�mlr,- f-i(44o--ex"ed 4)rty (401k ' t° . .i.n area and -not denming eurity, and trafke area -and -five (-5-) -feet--41-4-lehg4lt ail(..k-let r;klecAion with i-ten4, -6fand- -ope4ryg-signs, not amm-wllen-44, is im-at4ached °sig'a �went-y-(N) sqmafe 4`6+-44i+-area-aiW five- in k4s a-detael-ted mgi+r--T'he sig 14i&c4ty, dig pkiys- sha4--noc - be st0")ieot 1�-I - the %44 eet-to- t ht- 4i't-eede-mid (Ordinance 93-62, see. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08- 021, sees. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 1.2-031, sees. 1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12) Sec. 28.03.021 11,Iqjoi-/Doivlei)/Gla(13,s/1lii,3,. 105 Sign Overlay District regulations (a) General put -pose and des,eiiPtion. The Major/Dowlei-L/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 V93 Major/Dowlen/Gladys/Ilwy. 105 Sign Overlay District by the letters "MD" as a suffix to the underlying zoning district classifications. (b) DditlitiOlIS. Unless the context clearly indicates otherwise, in this section: 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. FrontW_e. That portion of any tract of land which abuts a public street right-of-way, measured along the street line. Midli-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. Sig —n _cL(& e—r .,A_sggintended to be of "'I'tly-type-is intended to be or is receiv 'Ct' f ()T-1he ffisjjtqy jjervice,brand, does not hiclll(j.e.,e.� s'%,j� fliat is, leased to a Inisiness it and located oil tile N 11 h the v ic it Y . .... . ........ .. . business is iocated or a silyn.j.ggited pnj.-wrpp�,,a y '_qwjj.e d Qr, as lo Pi-� viee7 Si n Danner. A type of sign that is generally constructed of lightweight plastic, fabric g�_ — or a similar non -rigid material, and that is 11101.1rited/tethered to a pole(s), building or other structure at or more edges. A-4a4iiie-r-4)Lpic-aliy Sign detqclj!q1. 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. ,5ign, double- aced. A single sign with two (2) parallel sign faces back-to-back. Sig n, 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 'sq' ?, a Saar aide°la the -only ca py that -changes is all Of -time a zazza k'rria l aae&°gat .aaaz a � ka t orzi ° z 4 w d� zz°k ..Sign iarl�)wpose5i,'* t.his chapter:. Si n acit!g. 'rhe facing of any sign upon, against, or through which the va-messagq, Vaw g,'O u ale ittl is displayed or illustrated; provided however, for signs in which the words, y � e .A y sign gh g letters or symbols are independently mounted the sl a facun �a�aa° tGa�rr-acu:.aaar c; al;,. containing all of the individual aa,� shall mean the smallest regular eou7�ctrzc form tll-_sl lual 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. SF ix ence. A sign attached or affixed to any type of fence. M&I mobile °ipa; r, raa,:k rq"k... tz tl avlaac,ja alr solo zaz�_. ihcr,wig rc tiurtma8.k �,..taat °t. al�tzamobile�aa.;i-o_� a➢ z-..tru...tzt@zq va.ja-tt les LlSaa d pa an�z l°�:��; to ^~aag;agaaaut Paz _ ti gfla l�az� Il._��at A-4u as '"ss-5ig+ a' ed a g tl4o `i al pFbF a $li "rg31 y sueh--signswl'')il ,5i it .monument. A sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. �ig�t, rrr. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. ff�kk�t� ebr�s aaa'a:H.��a�rk��tlrraa A -sign �a�kFla-iknia ��-lc:r�tcl k�z-� tlak� aa��zu la�t...k->� l�wek�la��zaa'4 �uz�.l 4a -to true a: k t0 t ire°zr z yz zr i wl i ,l a t i z aatk o-" za tip z ' k rkaaa ua gg, t floe ekri'" 1 11ka.4�m' k kLa heh t C?t-�" mEH til4. -A-fs (44-he % I Ole a Oz d :z t of -the l z . is ;--l�zit.zzkzt a� °i aclia it...tlzo z z em ��l" �,zzbsi�diary s as . a,aal�l� �,l;aa, crba as M, rdemlRtrC,goVp-, sign crtlaa°a rt�z znm._la�walai a,:l�.a`a.�.xi.at . pt au _lal�ak �u n ,��ua ailwal...9g1a til,e s: auazk taut ual zit egcagaaaacazt zl tguc, gcic ki a�l_saurvzc e for avlflch Haar ,�btln is it'le"ded and is nok intended to be leased, kllj' I _pp rcas.ly..iyl�� �� 6sltesacl�a�,;faa �tk zal....� 75 ai _n'�essage hmq)d Sim" C'Q,Mlakly, Sjgn, ennui it. A sign consisting of a series of flags constructed of cloth or other Bull) jL— material. $ - 11 igjLpqqa e. A sign not permanently affixed to the ground or to a building, which is - _ _fiL designed to permit removal and reuse. 5,ing&- A project or undertaking which involves the use of any property, building Or Structure, permanent or temporary, for tile primary purpose of conducting on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of tile 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 batiks and discount stores with other incidental uses. LqLiant sWarqlion. A partition or floor/ceiling assembly or both constructed between tenants as per the adopted building code. (c) E_qgrnittqd uses. The permitted uses in the MD, Major/Dowlell/Gladysillwy. 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 poi lit in the north right-of-way line of State Highway 105; 76 Thence Continuing north along a line 100 feet cast 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 LXV.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 l lills, 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'l'olivar Road right-of-way; thence north 32' cast a distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square miles, more or less. (c) Area and height regLilatioil . Minimum lot area, width, depth, yard and building height shall be determined by the underlying zoning district classification. (f) 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) I'Snpit reqgirements. No sign, unless herein excepted, _.... -or Nv_ll_Cl,e_ is nIjHed_by gfiqn 2&04,003. -,) this sliall be located, code, 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 s.e,.gtjQIi 2&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. Im (3) 5jglit 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 loot in area directional sign may be located within the required sight triangle. (4) 5igris in residential -MD districts. Signs shall not be permitted in MaJor/Dowlen/ Gladys/Hwy. 105 sign overlay residential districts except as specifically authorized in this section. (A) One (1) detached identi fieAkm -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. sub(fivisk,)n, "Fhe content 11-1-1 ­.11-­ 1-1111.111111 ­­­ L (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 are onwneiit-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. MA (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 4-Bader-boart'l signs shall not be permitted, except as all attachment to or a part of a detached owner identification sign. b. The may change no more than once every forty-five (45) seconds. C. 'III s�gp_ face ' 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 be no greater than 0.2 footcandles. f. Electronic feadef-bow4--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 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) 'rhe 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) Si commercial and industrial -MI) districts. Detached signs shall not be permitted in Major/Dowleriffiladys/1-lwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. (A) Singtq-,tenant business establisliment. (i) Developments with less than eighty thousand (80,000) square feet in gross building area shall be permitted one (1) detached 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 often (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 fore ef-hoar(J-signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The ,JLY,uj change no more than once every forty-five (45) seconds. 3. '1 - he sr ' gp,j ��M _es'sage, c4-)py-shall, not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic 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. (B) Multi-tenapt business develppment. (i) Developments with less than eighty (80,000) square feet in gross building area shall be permitted one (1) detached ( net! ideritifiieation� 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 per street frontage that abuts the property. (ii) 'I'liese 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 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 reach i'--N,)ard--signs shall not be permitted, except as an attachment to or a part of a detached wmiei. idt4it-4wati-on� 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 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') �Iasolipe..Ictaile s owngL_identi( ...... �ci bogd si ns. One (1) detached 1,,�oard sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (i) pq�ylcn Road, I hyy, 105 and Major f?rive. 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 part 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. 85 S. 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. (ii) 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 frorn twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) sqUarc 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 signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The sitm face Off I --- ------- --- ------ --- -may change no 111orc than once every forty-five (45) seconds, 3. 1 , lie s gi face ex,)py -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. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. 'rhe 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 sjjltLf'Ag�_eopy -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 orapl-11i - e - d t0jrucks, buses or passenger vehicles which are used in the normal conduct of business. ns JI(L] ittec by_,,,i,�Sfion s,�,ze; Nim-t -41mnj+ia4e4-iva1 -t3lAfile, +rifq1t.r, kiet le or4ease, or- mmouncing piovi(led #'a(-04Y Orw j'wop e W'l y I'll, esig r" Fmst be-4eeiMed -smi thi� pi,(-Ypei,�y -stibJee( larrlrrawaa.rrlra at: (mLcaset_ I z in,vketee f6i, sale or lease are aHo%ved to have one additiona� noniUmnitlated to - U SIP t an sixty-f(,ju sqIiiare feet it P�j Wept I r n a 'e not more Y� i area and six 11 -11,19,It'l.g�����.11,11�,,�,�,���,�,.��----.­­ ­­___ . LJ641� _­­­­­_.111_­ .. .......... .................. .. 87 (o : , ,,..".u.-i, 1.....���.i1p�, ��arp.i ., t gyro- qt ley a daalla')taxttap"" the sala or lea � oaf tli.iaallptit:yi la>a ateci.a�riitrar""` ��r���� ����+al Ia(.bt a 40 the pr(") ect....laro Fial Mal tlaa�' tlaaa ..a"s a�n&y �aa .-(.i:). - c r,la.s��aa aia t�i i the....prren � ises, (i)........ _ �rrraaoi, aecriaity...�ad..t.raltie-ali�ek tir�aakslr�. &r As tlaaa ei,ile1 squaare laet...in gar a-yarnd-t aaa° (4 )-feet-in height. ('74-_. __ e-etion ".3 ?r� °rn�aC r 4r' ...@4" r 8 h �' t' ; 9 Ic -& a9 ti'@i rrkfl&I,.4ess thaaa e g'ha .-( ^) sgtiare iaar t art ..a� ea- a r l tr rr ..., �} i n � a he+pkrt qua d rraat alirr�rara rl al; when-l)ha l...wrtirKra a rr i i rrti nil .ofl ed grre . l ler trorr �rtirr rraarst lre rerraa'w°1-wati-Kira...ta�ra._�)w_al�a,r...,ati-ter 41aaa;laaiaara are°_r=rrraaa�"t`-elea;;tiaar"r;-if rr�ai�l-icrllrti (81el) 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) clays. Under no circumstances shall banner signs oil 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. .). 1 � aalrtaan� gai �ar�al a�rr ar�naal aa�itnra�a�a1„ 4, ate rai l religrarr lnaal al ay. lr�lrays ear-ea;�taa l a ithawrat...aalvatasiiag shall rust lne rt�Rra,t-tar..tlac p�°�vr �iraii -this c4rkalnta�r=,--lnrrt��lna�ri.l..la�� a�-rb�at-t-an tlne free-°-aide-�i%*...than-c°-it��;. M_ (10-S-) Attached advertising signs located on nonprofit recreational facilities. (11) GQ!Ltiiitiation of nonconforming signs. (1) All lawful nonconforming oa-pr+"*ipe �rkvner kfentilieRti<�n--signs,, odler 111an adverfisil g K';,ig ards 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, see. 1, adopted 6/29/04; 1978 Code, see. 30-23. 1; Ordinance 08-02 1, sees. 6, 7, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-03 1, sees. 5-8, adopted 6/26/12; Ordinance 17-070 adopted 10/24/17) L4m See, 28.03.022 Neighborhood Design Overlay District (a) General p q 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 ordinatices. All city codes, as amended, apply to all Neighborhood Design Districts unless expressly modified by this ordinance. (c) Applicability and boutidarics. 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) 17efmitioils. Unless the context clearly indicates otherwise, in this section: Builelable 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. Z&Iilg. In this subchapter, the height of 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 rrican height level between eaves and ridge for gable, hip or gambrel roofs. (f) Noticonforming--iLses -a.n.d ...Su'.U.CtUres. Except as otherwise provided in this section, " se- - cl - i " q "" i ' i ­ 2 ' &04 ',- 0 - 05 ' of the city Code of Ordinances relating to nonconforming uses and structures, applies to all Neighborhood Design Districts. (g) Review procediii-esmodiCicatiotis.atid 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 of this zoning ordinance. go (11) SlIppigpent4l rcgglatioijs. 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) l7ev,10 elit. tajjctards , for Nei Liborhqqd Design-Q.1stricts. (1) L superseded, the 3t _bcjtLi!. Except where these regulations are supej 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 (c) of this section. (2) ErQqLyar4 setback. (A) Mipinium 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) Ayerne ont 3 --ft-1 PW —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 110 StRICtUrCS 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 see t-i oi]..2-8,,..04. 0 0,,,1,,. 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 "I" 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 ftinetion and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with tile permitted uses in the district, and be similar in traffic -generating capacity, noises vibration, dust, odor glare and heat producing characteristics, (d) Accessory ussq, A use which is customarily incidental to that of tile primary existing use, which is located on the same lot or premises as the primary existing use, and which has tile same zoning district classification shall be permitted as all accessory use without being separately listed as a permitted use. (e) Standard Industrial Classification (SIC) group nilinbers. 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 tile city clerk for public inspection during business hours. Zoning District permitted primary Use A-H R-S RNI-NI 101-11 RCR RCR-11 NC NSC GC- AID GC- AID-2 CRD GAI III In PUD SIC Group p P 01 AGRICULTURAL PRODUCTION —CROPS (except as noted) S P P p s S p P P S 018 Horticultural Specialties (including retail sales) 02 AGRICULTURAL PRODUM 10N- I LIVESTOCK p P P p S 07 AGRICULTURAL SERVICES (except as noted) P S p P P S S P P 1, S 074 Vetefinay Services 96 NSCNcighbDrhood 87,120 200 200 20 15 25 5 20 10 shopping Center (2 acres) GC-,%lD General 7,500 75 100 20 15 20 5 20 10 Commercial— Nfultiple-Farnity GC-NID-2 General 7,500 75 100 20 15 20 5 20 to Commercial - Multiple -Family CBD Central Business none 11011e 11011e 11011C noric 25 Dorie 11011C none District C-M Commercial- 10,000 too 100 25 25 25 5 25 I 10 I Manufacturing f These numbers refer to exceptions enumerated in subsection 2&.WM4(c). 3. INDUSTRIAL DISTRICTS Zoning Districts Lot Area Lot Width Lot Depth Yards, Minimum (feet) 9, 12f Height Maximum Minimum Minimum Mirflinuln (feet) 7f (square feet) (feet) 5t (feet) 5t 5t Abutting street PONN' When abutting other, property lines When across street When across street In a nonresidential In a residential from nonresidential from residential district 2,4f district 3t districts districts Light Industrial (L- I WO 100 100 25 40 5 25 110110 I leavy Industrial 20,000 100 100 25 50 5 50 none t These numbers refer to exceptions enumerated in iul1.)sect.i.(.ni.u..2..8...0.3..0.2.!!(C). (c) Area and height exceptions. (1) In residential districts one-story, unattached accessory buildings or StrL1ctLlJ'CS 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 real- yard or as close to the real- yard as existing utility easements will permit; provided, however, that an accessory building or structure cannot cover more than sixty (60) percent of a real - 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) j'eLi in �itreqqj red. 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) Atulication-procedLgre. 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) Tile 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) Publ ic i1qq&gs. 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) Qojj(tifjons for AjTroyal. 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 tile use and eiljoyment 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 tile 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 null and void. Fxtensions 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, ail increase in the required number of` parking spaces, ail 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) Rcyjg!gqiJog. 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) p.Kqgessinfee. 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 3/10/8 1; Ordinance 85-120, see. 2, adopted 11/26/85; Ordinance 87-33, sees. 6, 8, adopted 4/28/87; Ordinance 98-7, see. 6, adopted 2/3/98; 1978 Code, see. 30-26; Ordinance 08-106, see. 6, adopted 11/25/08) Q 6+.A Sm 28.04.002 Off-street parking and loading regulations (a) off-street parking regulations. 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 Om 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 sliall 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 to] - 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 uUmber required for the building or use for which tile 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)l - (12) Bonus for landscaping of off-street parking facilities. The minimum off-street parking requirements shall be reduced tip to a maximum of tell (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) [2,&Q4,QQ(j(h)] shall determine the maximum percent reduction which will be permitted in the total number of off-street parking spaces. (b) Off-street loading regulation . 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. fares. 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 C13D, Central Business District, and the PD, Port Development District, shall be exempt t'roill the off-strect loading requirements of this chapter unless, in the CBD, Central Business District, all 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, see. 1, adopted 3/10/8 1; Ordinance 81-79, sees. 1, 3, adopted 10/6/81; Ordinance 82-134, see. 7, adopted 12/44/82; Ordinance 87-33, sees. 4, 11, adopted 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, see. 2, adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14) 60, 6ta See. 28.04.003 Sign regulations (a) Perinit requirements. No sign, unless herein excepted, shall be located, C011StI'LlCtcd, crected, 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 -.21009 International Building Code,_P5, LICISA) �teli - (b) Signs in residential districts. ts. 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 -fan -lily dwelling development, nonresidential or institutional building for each abutting street, subject to the following restrictions: (A) Tile 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 leader 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 manner, 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 ;5-e-a i-o-n 2,8-..,031018(c)(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-1-1, Residential Conservation and Revitalization District, subject to section. .28.,.03..,0.18(e)(8)(B) of this chapter. (tom C1tt - - --- -------------- '.'IY J)(�, CQIIStI-UCtCd at the' t: Left: 035" J detached identifleati -- .......... � � � - -� P "I'VI M � . ................ ............................. . . . ... .. ... . ... ......... . entra gg_s� _z __,r I xle-fl'u Hy sidentifl developkpw of Wn (J.9 q�xes or . ... .. . ........... _ .............. 11 t �2! - 9 Ls-k ic I —Is 4i" i� I I I ) e. s i� t)j e c t - tq �1.1l and restrictions, .............. -- ---- owl IT jlR'Qjljbked' Formatted: Indent: Left: 0.75", First line: 0.44" (H) -Thecontent ofthcsilj iuna .not.. be. reg_qjg, (iH) -The's, 11"�)hall not exceed bventy,_(20 squcwe hi area, tlip -siwt' -�-"WIIL (V) Jhq'S[&'-T-uitI U illuminated exCeIll 11y, u�qae,,3,jivejlo dlight. fF., tted:Indent: Left! 1.19" -Q- - 1� I.- - ........ .. t,Yj��e MLIII-Ihl'�ItiWl� ThCFC shaH not be ally flashino or intcnrdttent� HIJ I h, -s 29-s cfllt-bej*��f v [Iflo a go �qffing containh% —e -J-L �nd "�� - - ------- ----- ---- ---- not s 'e q '!catq(I a minini u )_( f fifleen -j2qjj -A i -I I'CO froln the In) Lie 1 ly-I -11 �j'Lyr.i_sJudl mcet the Nvhid Wd i-�pqqh'ernerlls of, the ---- ------- (c) Q�ypq 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. 730 (i i) 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 maxilTIL1111 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, GC -MD, GC,-MD-2, C-M, L-I, 14-1 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 street right-of-way. No pail 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-prernise 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. L75j).. ..Eectronc reader,board -si s SW ttedwin -the GQm, , C MD-22,SBDAm-Q.-M, LL III and ji.as-M,fiect to the fAlowin !Zonditi.ons: The electronic reader board i.s...1 -b-p-attached to or a chart of a cictstI sign. ----------------- 1-1.11-1-1-11--l— I f - 0 -Y - The in Q0 liay in re t4ap �( r -to ty- ---------- seconds. 11 ---------- -------- --- - shall not-Juludc tay- Clashing, Attuna(lj ruk- or-11ti imliglnts of -animation. k_)==_-As measutti:gd- atAWmmom be no andles. L E I o ingth,,n-s i are sect11giJif f5-Qrccttt__of„the whichever is'les&,shall be de(ficate(l-,to,--elec,tl�-icaI board signs th's ,g ret ...... .. . ........ I ... . ..... ead ------- 11 ---- --------- Identification sign slia.11- b, a.t!-Q,Nved-to-leave, -iii-til.t-iPLQ--colors. (45) Si Districts. (A) [Sign chart.] use `type (B) tMaximum Height (C) Maximum Area (C) I F:-ow Setback I I (ill feet) (ill Square feet) (i I feet) 132 MUltil)IC-family 15 20 25 Prof/med. services 15 40 20 Wholesale/retail trade 40 50 10 Industrial L—,- - — 50 .50 10 (B) The City COLHICil 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. MO-2--,G-3PA-4--, �3-4- )14#wiffg Ott4-h"mpM-, y4m (6) Prohibition. Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts. (d) Advertisjqjgsiyn s, 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) FNc�tiotjs. The following signs are exempted from the permit requirements of this cti,l,f,alqr-f";e(iii�)rl: (1) Changing of permitted sign face . , copy 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 a tjtad to,trucks, buses, or passenger vehicles which are used in the normal conduct of business. (3) jq ( N Jer lo allmy a atviej,4-atc-and-street address signs, an altached or (jetall j,x.,cj,skyn k-s�i-(han- not. more than three (3) square feet in size -aT-d-less 111an five t in hqigjlt.sjjq-LL.a� ---- - - ---- --- content of' di .M*+ilkwi4iiate(I- -+-X-ee ilt y af(qI-,-advLWt4siqg, ref+kestate 4)1—sale--of a I -b(,'-- permitte�d- -on. each-4reet- frontiiig - the property-, squ&re,,4aet-4* imvii imd- aiot Ailf I F14,4+14 th e— P ro eet- - pria-�4fl e4-4 k a!- 41) eie - iaalyraeiaa fear aaawala-stra eat 44.it -� he g4 (64) Window signs hung oil the inside of the window or painted on the window glass. 138 ('85) Warning, security, and traffic directional suns, less than eight (8) square feet in area and four (4) feet in height. fleet its height--a'ndw...net illuminated vvhet:'t.. placed NN,,o-kl"tttt..a 4,eim'poritr:V"....hi fialmvlaeekl..'WN444& -a+)y- othe-B".. z..me. #'k FEDk# .,.%ifp)an,._'ni-kdss$_ be rei'�tr��t.�tl-�i�ltuta..k'�ts�t.l l(tl a�'1&�y�,.�af''ke� tl#'t�le-t�'no (106) Signs in the PD, fort Development District, and the CBD, Central BLISiness District. d, hk s cul 1'k rq a u uk Wifl-I Sjfle,,.Fatnffl or °l"wo F eta fly %k�l�ubtd t t f,a��� .Two fa brio rr.t i liitlt..:(tagsa __nrat...fbi crag ingre than t rtrty f.lttui (���.. tyrkgrp lrMek..f ii 4ara ar _ rf t� if t¢a r-- b1;_rrivirr t_---- rri i"irr .,a irla ref tCte cfk;;t0 <<k am, tfuaga fttluc,_ y it flag pb#1g_r1i j)Q5 __lim twerll ..tivcQ.( ,)__ gk,jn he[gjlf,_ru!k t; (f) ..f la r,_ iii Pr el"fies with lnasiaiuukdOrl,�tl.;,...ib Ulti f ,1111 Vp _ (a k mr r ,i'k,I ariu l f ricila tail tJ,r Fabric or elrb,tii d)air iltk_ rrl tai ilrbt more than one s d of the c. otf„u_ car fa brt� sli°r,lbi ��,y af...ff#ig..l�,rblr w..� tf�«ra l ar_ r_irirlipitubri# of wtrri�. fbet__frori"r_#ril�y prpbitty .l.l.lic �t.9..i-..laprifiitt d Mthrb fl limit... tf.f 1 la a flay# Scaso Sri , li�:ii entarr.y .f;igqu� ,........, � 9rl__.:fail,Gmving iikhtrcit,r4�rf tr, �rrtro�r�r.ly..�igr#� i�;ki„r;iveii�it..f rair�i...f�lir�ftt'ir���._tc�t wut��l��i.pr�rl art`;���,ty 4W�ff) cf�ry"> ltiftbr.. ilkrN t ib (ft). al #y a_f;'&R�r all cle�,twu,o ri v f i i;a flilwiifKtt.. or iib ,l uiAc.M fcai Kf;, tea en 1, state or local e9ecflon that _g ivol_ve .a kineifSUre on (lie ...froa Hot of' m„ f,il,ite,rf.:. �rfi...pa�loir...,wvrt�altuflv tigi"ea:''r lei.i._pcontent ..of' than..ktaui...p.�t,�i81_...�ia>f_l�a . jji,ajyid af. the are not lrrcata d—Nvbthin the r°u ts...i)f fv a ... (A) f rirli�r�d �iXgtl�_Srti �f _ l #irr�.a.l.y gr "l w�yai l,rrrr.ul.y fir � s��enfial.. f ises::- ��..Farrrroa�red indent: Lef# 7 4,fiat.are not imorethan ei it f,Dri�.p,i,iiutr,.d. ririri?,t>cu ol',9a`^uliliiir ..,p fl,.i.__....�.. fir iivw..f a t mia at 1uw�Atkklerplit.p lf1) f rclwr,rfl ,., Mill Institutirtria . and f..tXIM,staial flscs tfinfinittr�afn uinber° iii....t.i.ri.r.l.?rsl ark iigp_la] Unlimited r�rriilr °_ l trwrrrt riu a"y "us ui� tl`iai,t �rrv...kribt riraar tlr un k ri rrt � (, I!) a�rf�r,irar fa rit f arwr ciir t_rt`Rrt frt tf t feet t in h igj, g, ..l l,ectictri....�:frall,,r�r9 bivrtrrrrrs; lt.efaavtlr_ cat.._ilie .varsi#iati du,tcri.tb......f.t�ki thosa...fii..lilr_btras 139 ca°a oa,at,aaapaaG.ta"s. aa_i..Call.ogaC ... cua aat,C,atc.q... for an ct clu.apaa anv,olvi.i.w candidates or . __. �.... _... _r_ .,.,,._.. .._..... .... a .�.. ... .rw.. iaagl taa� g ic� arcs for, ficcf ral M arc or l oc a& cgactgcoua within theareas th r _ h ....b aaaa gaga°dt_O�.ar_..d t,taaaaaou�aar _Sj-gns_ fu aa�a...aoaac cGaa ��� uooCr_tCa t1 c...ta�t q.p.CnataC� Nx(,4 -u c)- -the.. _t qc c 4,aaCua. uaactCNten ..�..q,f�� ,�ctn�gra yraa , ,c da,!.,,Ii as claag, provided _.ua.cw..adcaaaCaaop.aat:...q nub a �a°a s�tcu...�ga<aut....t.t� �a.t..��. ���aa otwa 6e..c.t.t.n...area aauA aaco..aagC as a q aaaa sna,.(ta,)..�c,c;t_au� larc.t at°. Thc content aw,fjhe„sa stla�w.q_� not t mega acted, .c...t.aao Cgga:"a For al or Le"'asa.....The, t°ct[ga���at����.t�ataq�ctq,°Can�a�u, rs aauc e..e llp 1 .t_&a pa-C,gCganpg[t�"...qs for ,saC e aou°...leasse °couCC ao- Cpaaitq�Ca..�gC,Ca uu�R�t��uc �tga�agc� �ar6a� pa°caNdaled tgaa caaa....ac ouuaaa c^a,�_aa"�tgaga�. s.�.°�.o. tt..f ) ciaa„ d(Jjpaaaaaa _1.1he sale air qa apse of ffi poop u°ty. S agaan> ¢a_�<a„" aaa_tp_. be located within t_h aaqu, s-_ofwvky in�_ c aatent shall not be r "A"Ited, C.aacgat,ucaC)Iaaq...l.a..aaatrocaaaap::P._aptuuaauu Caotgaaukac_a..aaratqu aan 9 �_aaoaau.8_capm C,'awca C'aauauuq Cnt, cic aMt�tiaE Usc�`�._.... c aaaa _gacaa act t_c ua_a scorCaa C ---- aauac a..a.clutaCaamCnaq aacaaaiq .'.�.., % �. "-��wit �kai't aua area aa�fl �u.taua qra u° aa.u°aaat caautaaaaa, not aaC re than c°aI)h � � wc, ,- six (6)j.. t uaa,flaa-�6aj, C ... - o stare---°aaa far.... -u a as — taa acoa•aaa:... a "aa � coos ocr oa a°ta..� a�at t tua� a, �waaCaaq� �a..::�ouu aaC ,c ,CaaN, and- tp0u� sta°gaaq ..,._ ._...._...... .uscwsUnlimited number a,d nrtaaaaCamore cct aa ara, more th:auut 11atCa,ca7. q.5)j n gata.b. t�tj, e cacpgac_Cx,Cs t 1Cgtqu a...:.C;raa°ataquCaacaaa .....tcagaa 1q,� aaCc ,arc,°tac &;.......uaaaa6a,r ._.tauactaataa auaaa ,a�aoa t�aaat tqP ...._.. e issuanceifaof' k,caaa�w;a.. ........ ..... m.m..m .._.�.__ticaaaq a#t�,ca �ga;._.,,d'at aR (a°aWaggt„,rgaa >_11caatide,cC saaa aa,aa,gtcot aoa,data:CG...xvtNaar.a.....fli uaaCat...crod ,aa°r.".. q.q.t. c aontemt, sha H got bl,gg jgtp°jq (A) Prpjt jE(itta, a'valth, S. waogLqj�aaayou.�y.aaa taacu-q-"aaoaa.Hy Rpsi.dentoal....�..1sc�,'. one Cadditiconaal__cutoaoalh.cna naateat_,tcaaaC�Cruaaa," �p.�at..ata, lu�cfl.....toaooatCq �,. nol more than a,i��,gat; ��� �cCuataa� �c c:�. ioa aaa°a � aaaacl �u ��a)f" ,ct4 aCa height., (.1_3) - L)rc) oerti s aa+q,�..11a Cac tt aat¢ataaaa �ca� t agpaac➢ " � tarnmcaC°W and Inclust.ri,d t➢taa,`a... �_ ffliaaaatcat .Caa.auauq�e�:..aat tcn ,pcaaaa.?Y:..,i as , ot...m or Olaaa ct lyr_ 5 sctaa, a feet in area and fifIeen Q I jcct_ n hei , 10Q) Qpraa e 5 Wes. t"auuc',,.additional ,qa;aauouiquuuaC.,i..nated_,4c��ap�.t.P.C.t.t.....u�ag?,_.not a aw a$aCaa aa....(o w. ctuua�a.a...:� ct in area aC..waatacq tluva.. as eat aaa,_1va a it and not located within (wk�e....Cagt°ut_cLf..a qa L is Caca°ata,w,siaogaa in all cgasta gc.js for teal (10 140 qf,q5ppjj(i ve, da ,_gfle-dar yp:4r under secfl( r 2&040 8 In tile - ----- -91 -ffiay�'-, - of a new to tile I(irm d buslr s,,,an additk:.)nan t pg, exccL lim, s uare �X�pqqtly, sqij .. ...... .. . feet in area and rwe_('a)-Feet itl �,gar , Yard Lettedn . One additiom t not-g'r flian__rr ix 'Y sq�tqre feet in arc�i a � d � five flian se ve u i (m sect ve-day,'s, (f) Prohilbited si rxs. 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 intermit -tent illumination shall be prohibited, except those signs that cannot be seen from the public right-of-way or as allowed under s.elcti.oti2.(,)3,..02..O(f)(3), �sgcjjon (4), ,ea tier28.03, 2 !ion 28,03 D2 1.(f)(5), ��q��jjon . ....... . ...... - --- ---- ...... t ' iol " 1 2 - 8 .04,0 ' 0 " 3 ' (b)(3), --28,,04,003(c)(I) and se.c1J.911, _d 'L &�-IM(c)(5). Signs shall not revolve or rotate. No 1?,.-! It.u.-sign shall resemble all official sign or marker erected by a governmental agency. No sign shall be placed oil 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 I O-day right of appeal by the owner to the board of adjustment, prior to retrieval. (g) Qg1tinuat.i.Qn and disconiinuation_gf iioii.c.o.tifoi-niitig_,sii,,tis. 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. (11) 1LOIldiii �euirements. 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) R!taiqtenance. 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, sees. 1, 2, adopted 3/25/86; Ordinance 87-33, sec. 7, adopted 4/28/87; Ordinance 91-22, see. 1, adopted 3/5/91; Ordinance 92-62, see. 4, adopted 8/11/92; Ordinance 98-7, see. 7, adopted 2/3/98; Ordinance 99-53, see. 1, adopted 7/27/99; Ordinance 00-58, see. 2, adopted 7/11/00; Ordinance 04-056, see. 1, adopted 7/27/04; Ordinance 05-034, see. 2, adopted 3/29/05; 1978 Code, sec. 30-28; Ordinance 07-078, sec. 2, adopted 7/24/07; Ordinance 08-02 1, secs. 8, 9, adopted 3/18/08; Ordinance 08-106, sec. 7, adopted 11/25/08; Ordinance 10-05 1, sec. 1, adopted 6/29/10; Ordinance 11-050, sees. 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.'I'.C.A,, Local Government Code, see. 216.001 et seq. Q- L4-'j See. 28.04.004 Planned unit development standards and requirements (a) Get7exal 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 houshig. 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. .1-1-111.1-11-1-1111111 ............ (d) (1) Hei&. 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 sect i on-J-D 1 0.0.9 of the Code of Ordinances of the city. (1 1) 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 s ' e ' pflot - 1 28 0 ' 4 -,00 ' 6have 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 batik 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. 'rhe 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) &reeiii Lig of backflow prevention devices. Any backflow prevention device required by the plumbing code, ailicle 24.02, division 4, be it a commercial or residential use, shall be completely screened from 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 [Jolly Ilex opaca Cherry Laurel Prunus caroliniana Chinese Fan Palm Livistona chinetisis Chinese FringeTree Chioanthus virginicus Chinese Pistachio Pistacia chinesis Crape Myrtle Lagerstroemia hiclica and hybrid Flowering Pear IlyrLIS Calleryana 'Bradford', 'Aristocrat' Savannah Holly Ilex attCI)Liata 'Savannah' Golden Rain Tree KocIrcuteria bipinnata Japanese Evergreen Oak Quercus glauca LoqLiat Eriobotrya japonica Mexican Plum Prunus nwNivanaMcxicana Parsley I lawthorn Crataegus marshallii Pindo Palm Butia capitAaca )uUe Purple Leaf PILIM Prunus ccrasil'cra River Birch BetUla nigra Sweet Bay Magnolia Magnolia virginiana Texas Redbud Cercis canadensis 'Texensis' Tree LiguStrUill Ligustrum lucidum Tulip Magnolia Magnolia soulangiana Vitex Vitex agrILIS-CaStUS Wax Ligustrum Tree LiguStrUill japconicum Yaupon Tree Ilex vonlitoria SHRUBS FOR SCREENING REQUIREMENTS Shrubs: Maintain three-foot height or greater. Must be evergreen. Conini-on Name Latin Name Banana Shrub, Magnolia Fuscata Michelia figo 159 (Ordinance 81-17, see. 1, adopted 3/10/8 1; 1978 Code, sec. 30-32) See. 28.04.008 Special conditions (a) Liqj!gaj. 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 housin-g,elopnjctn. Cluster housing developments shall meet -- - den , , each of the following conditions: (A) AKqA. The site shall contain two (2) or more acres of land. (13) Depsit). The rnininiurn average net land area per dwelling unit shall be governed by s,9ctLQu-APXb9Z4(b), but shall not include public and private streets in the development. (C') y�jts, 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 tell (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) Corrtrn©n at en space. There shall be a Juillin11,1111 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 tell 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) Devc1opinuit phases. A description of planned development phases shall be included ill the application for, and made a part of the approval of, the final plat far cluster housing development. Each 165 (14) Accessory paitinp— Accessory parking of vehicles with more than two (2) axles or that have a rated carrying capacity in excess of two (2) toils, 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 llglisto4) s. Heliports and helistops, as defined in section section are subject to the requirements of artic.le 14,02, division 2 of, ................. the Code of Ordinances. (17) y�etqjjiary 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) Perinittcd land uses. 'file 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, I oadi ng/un load i ng 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 picknp. The city engineer tuay 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 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) jke,54enWal care uses. Compliance with the tollowi g 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 (I 9)(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 set -vices and the issuance of a certificate of occupancy. Approval of a specific use permit by city council may be used in lien of a license. (D) A facility must provide twenty-f6111-410111- on -site Supervision Of its residents or clients. (E) A facility "'List comply with the following densities: 172 Zoning District MWimum Sqq. re Feet of Lot Are 1)er I�g. --y _ sident Rmm 800 RMI 1 500 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 LISe and the name, address and phone number of the agent or agency responsible for the proposed facility. (20) Stp Plastic yjjdLrubbqr_materiqj-. 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, sect ion 2 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) -SpecificIm I'qLq.pernlit tr- -- —.-C(I. 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 (_,5cqfion� 2-5 .(221:,1101.0 8). 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) Numberofwest rooms. A maximum number of five (5) guest roams is allowed. (v) Management. The facility shall be owner occupied, (vi) Lqnt—h cif -0y. 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) -,Sig-iia-g-e. Signs shall be permitted upon approval of a building permit by the chief building inspector and in accordance with the city Code of Ordinances (j,e;,,jion_28,(' W -,00 " 3 " ). In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size (he-4iarne 4 the 175 e4,RWiSlIffle"I cm4y-shall be Permitted. The nameplate shall be "Onilluminated and shall be attached either to the StRICtUrC or to the fence SUITOLInding the property. The nameplate shall be compatible with the style and detailing of the house. (viii) LlqLking. One (1) Off-street parking space per gLICSt room and for the owner is required, The Inaxill-nill, 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 f"011, the street and adjacent lots containing residential uses must comply with the standards established in the city Code of Ordinances (.seqtjQrt 81 (ix) Aj((_ILIi_o1is_atiLd 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 11111st meet all zoning standards and building code requirements and DILISt be approved by the historic landmark commission (when such Property is located in a historic district, awarded all lIC-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, ILIIICIICOIIS, cocktail pat -ties, or any other such function for which the Owner receives payment for the Ilse Of the facility, and which is not a flInctioll 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 I'lUmber of functions shall not exceed twenty-four (24) events per year not- more than two (2) events per month. 'file 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 176