HomeMy WebLinkAboutPZ2021-17 (03)DATE: April 19,2021
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJW,CT: Request for amendments to the Zoning Ordinance concerning signage, Sections
28.01.004, 28.03.018, 28.03.020, 28,03.021, 28.04,003, 28.04.005, 28.04.006, and
28,04.008(22).
FILE: PZ2021-17
STAFF REPORT
As a result of court cases such as Reed v. Town of Gilbert, Arizona and Reagan National
Advertising v. City of Austin, Texas, most city sign ordinances and many state statutes regulating
signs are now subject to challenges of being unconstitutional. The decisions relate to the heavy
burden that cities have to justify regulating speech. The courts have essentially said that if a city
or state has to read a sign to enforce their ordinance, it is problem unconstitutional. The issue for
Beaumont and most cities' sign ordinances is that being able to read a sign is critical to their
enforcement. In an attempt to comply with these decisions, the Planning Staff is recommending
amendments to Sections 28.01.004, 28.03,018, 28.03.020, 28.03,021, 28.04.003, 28.04,006 and
28.04.008(22) of the Zoning Ordinance.
The proposed amendments offer new language that will allow a reasonable number, size and
design of signs for differing uses in differing zoning districts while substantially retaining the
established regulatory schemes of citywide sign rules as well as special sign rules specific to the
historic and overlay districts. In addition, new definitions of advertising signs and on -premise
signs will allow for the ongoing enforcement of billboards without the need to rely on the content
of the sign to do so.
Exhibits are attached.
4�
a ARTICLE 28.01 GENERAL PROVISIONS!
4 &4j See. 28.01.001 Title
This chapter shall be known and may be cited and referred to as the "Zoning
Ordinance of the City of Beaumont, Texas," (Ordinance 81-17, sec. 1, adopted
3/10/81; 1978 Code, see. 30-1)
Q /, 4 &..a See. 28.01.002 Adoption of statutes authorizing zoning ordinances
The statutes of the state authorizing and empowering cities to zone their cities and
regulate and restrict the height, number of stories, and size of buildings and other
structures; the percentage of lots that may be 'occupied, the size of yards, courts, and
other open spaces, the density of population and the location and use of buildings,
structures and land for trade, industry, residence or other purposes; and in the case of
designated places and areas of historical and cultural importance, to regulate and
restrict the construction, alteration, reconstruction or razing of buildings and other
structures; and authorizing and empowering the local legislative body to divide the
municipality into districts of such numbers, shapes and areas as may be deemed best
suited to carry out the purposes set out in such statutes, and within such districts to
regulate and restrict the erection, construction, reconstruction, alteration, repair or use
of buildings, structures or land, the same being chapter 211 Local Government Code
are hereby adopted for and on behalf of the city; and the city, acting through its duly
authorized officials, shall have all of the rights; powers, privileges and authority
authorized and granted by and through such statutes. (Ordinance 81-17, see. 1,
adopted 3/10/81; 1978 Code, see. 30-2)
t—& See. 28.01.003 Purpose
The zoning regulations and districts as herein established have been made for the
purpose of promoting the health, safety, morals, and general welfare of the
community, and for the protection and preservation of places and areas of historical
and cultural importance and significance. The zoning regulations and districts have
been made in accordance with a comprehensive plan and are designed to lessen
congestion in the streets; to secure safety from fire, panic and other dangers; to
provide adequate light and air; to prevent the overcrowding of lands; to avoid undue
concentration of population; to facilitate the adequate provision of transportation,
water, sewage, schools, parks and other public requirements. The zoning regulations
and districts have been made with reasonable consideration of the character of the
district and its peculiar suitability for the particular uses, and with a view of
conserving the value of building and encouraging the most appropriate use of land
1
throughout the community. (Ordinance 81-17, see. 1, adopted 3/10/8 1; 1978 Code,
sec. 30-3)
Q a See. 28.01.004 Definitions
(a) Interchange. Words in the present tense include the future; words in the singular
number include the plural number and words in the plural number include the singular
number; the word "building" includes the word "structure"; the word "lot" includes
the words "parcel," "plot," or "tract"; the word "shall" is mandatory and not
discretionary.
(b) Definitions. In the interpretation of this chapter, the following words and terms
are to be used and interpreted as defined hereinafter:
Accessory buildinz. A subordinate building, located on the same lot as the main
building, or a portion of the main building, the use of which is clearly incidental to
and customarily found in contiection with the main building or principal use of the
land.
Accesjuse. A use which is clearly incidental to and customarily found in connection
with the principal use of the premises and which is located on the same lot as the
principal use.
Adult bookstore. Any establishment which has as a substantial portion of its stock in
,6
trade, books, magazines or periodicals that contain material which, under the Penal
Code of the state, may not be displayed or sold to a minor unless such minor is
accompanied by a consenting parent, guardian or spouse.
Adult iiiotion picture theater. Any establishment in which motion pictures, slides or
similar photographic reproductions are shown and which regularly, under the Penal
Code of the state, excludes minors by virtue of age, unless such minor is accompanied
by a consenting parent, guardian, or spouse.
,fIpqi �tment house. Any building or portion thereof used as a multiple dwelling for the
purpose of providing three (3) or more separate dwelling units which may share
means of egress and other essential facilities.
&qMTO. A retail establishment that manufactures, brews, bottles, cans, packages and
labels malt liquor, ale and beer for sale or offer without charge, on the premises of the
brewpub, to ultimate consumers for consumption on or off those premises, malt
liquor, ale or beer produced by the holder, in or from a lawful container, to the extent
use existing at the time of the adoption of this chapter shall not become
nonconforming as a result of a specific use permit requirement.
Open space. Area included in any side, rear or front yard or any unoccupied space on
the lot that is open and unobstructed to the sky except for the ordinary projections of
cornices, eaves, porches and plant material.
Planned unit development. A district with development characterized by a unified site
development plan which may provide for a mixture or combination of residential,
recreation and open space, and commercial uses.
Registered child care home. A home -based child care facility where the caregiver cares
for up to six (6) children under the age of fourteen (14); they may also take in up to
six (6) more school -age children. The number of children allowed in a home is
determined by the ages of the children. No more than twelve (12) children can be in
care at any time, including children of the caregiver.
Shopping 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 id
A si&I qftil,referred to as a
billboard, intended to b mleased or for wh ch
12a-, ki y 1, is intended to be or
is receiv. Jis I a 0 411 -Y 1 yiCe,,_I.' jjd,,� ere i al rnessajgq,
-Y
. . . . .......
t that the tera-i does not include a s n that is leased to a
. . . . . . . . . .............. . .. . ................. .
business entity -and located on the saine pLQpqty_on which the bUsiness is located or, a
si to cated on
........... . ....
....pwrye d or Jeased ft')r the.sofe,p gp _L is, IV Si
LSYce A (� A 1, Y i i� - S 1 _, 5� i 2, n JigJiLt)Lqj&It.J1lqwtJO I)Llic
or a sirnilar n i -,.,)id material and that is i-nounted/tethered to a
other structure at
structure . .... ......... . ............. . . .
Si
gn area. The sign area shall be the area of rectangular enclosures of the entire sign
other than structural supports.
Sign, electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign. A s-igp
on-whicah 4-he,--(-)n4y-eopy tlu#
re o i which o o i, ed to till atherwise : ffix (� , i lg�j% �L _jKailers
. . ......... .... ........
or other vehicles used-Imim-a—rdaf-I L)�Si'IppgrLiA.Lsvhly,
..... . . .... . ......
:J. 9 It i s _W -11 e.-Ma. gs.L
&gn, owner identification. A sign other, than an advertisipp which is located on the
same lot or development as the L) ..,yei-vioe.for ,wliich.,tlie.gri is intended and is
. . . . . . ... . .......
not inten,ded to be leased or for which
.............. Y-mol, -----------
.,,q _pf gn t jyjyj,?e is intended to be or is
e i d for . t e i, 12t,jy_gf �icy g,
--- Y91_11 . . . ......
a -nd-pef
es"s. t-the
invi)lved-4,n
jyignpqaable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
one flUn-tinated (Is structe
0 (!'_'uplu --- - - -------- - condof_Lj_qj2g, astie
hg.,q�!A_J , it ff__q_Q ,oLqLhL.I.ike inaterials that_a Ii a to be.j_ptended to be
. . . . .......
Ll ts121 t or a finlited.,pgliod of thne,
Structural alterations. Any change in the supporting or structural members of a building,
including but not limited to bearing walls, columns, beams or girders, or any
substantial change in the roof or in exterior walls.
Structure. Anything constructed or erected, the use of which requires permanent
location on the ground or attached to something having permanent location on the
ground.
1"errxparexry aortable storage container. A purpose-built, fully enclosed, box -like container
that is designed for the temporary storage of furniture, clothing or other personal or
household belongings as part of the process of household renovation or moving or the
relocation of household belongings to an off -site commercial storage location. Such
containers shall not be used to store solid waste, business inventory, commercial
M
would otherwise not permit the historical use. Accessory uses, including fundraising
activities, may be approved as a part of the specific use permit.
(e) Area and height regulations. The area and height regulations shall be determined by
the underlying zoning district classification.
(d) Su?plemental regulatiqI'Ls. Buildings, structures, sites and areas zoned "HC-L"
j
shall be subject to the following regulations and to the regulations set forth in section
28.02.007 of this chapter.
(1) Exterior alterations and changes. No person or entity shall construct,
alter, change, restore, remove, demolish, or obscure any exterior
architectural feature of a building or structure located in an HC-L, Historic -
Cultural Landmark Preservation designation, unless first applying to and
receiving from the historic landmark commission a certificate of
appropriateness as set forth in section 28.02.007.
(2) Demolition or removal of a building or structure. No building or structure
awarded an HC-L, Historic -Cultural. Landmark Preservation designation,
shall be demolished or removed without the approval of the historic
landmark commission or the city council as set forth in section 28.02.007.
(3) Omission of necessary repairs. Buildings and structures awarded an HC-
L, Historic -Cultural Landmark Preservation designation, shall be
maintained so as to ensure the structural soundness and integrity of the
building or structure and its exterior architectural features as set forth
in section 28.02.007.
(Ordinance 93-28, see. 1, adopted 6/29/93; 1978 Code, see. 30-21.1)
Q la Sec. 28.03.018 Historic -Cultural Landmark Preservation Overlay District
(a) Definitions. Unless the context clearly indicates otherwise, in this section:
Attention -fig 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.
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-1,ya? §.irnifar
43
Li g, Lj- o 1 er
..j,j d erj,Aj, istnounted./tethered toa p J,5j i.di
t 1 1 ..........
. ......... ............. . ...... .......
stnicture..at
glqc1ace. All of the lots on one side of a block.
�f _
Certificate of appropriateness. A certificate issued by the city to authorize the alteration
of the physical character of real property in a district, or any portion of the exterior of
a structure on the property, or the placement, construction, alteration, nonToutine
maintenance, expansion, or removal of any structure on or from the property.
Column. The entire column including the base and capital, if any.
ContributiLig,ytructure. A structure which physically or historically contributes to the
historic value of an historic district.
Corner side aeacle. The main building facade facing the side street.
Director. The director of the planning division or his/her representative.
Educational land uses. (See "Institutional land uses."
Exterior architectural feature. Means, but shall not be limited to, the kind, color and
basic texture of all 'exterior building materials and such features as windows, doors,
lights, signs and other exterior fixtures.
Fluorescent color. Colors defined (Munsell Book of Color) as having a minimum
chloma value of eight (8) and a maximum of ten (10).
EiLont facade. The main building facade facing the street upon which the main building
is addressed.
Furniture, street. Man-made,, above -ground items that are usually found in street rights -
of -way, including benches, kiosks, plants, canopies, shelters and phone booths.
Institutional land uses. Those properties owned or otherwise administered by
organizations of higher education, vocational training centers and museums.
Churches, synagogues, social, civic, fraternal and professional organizations, specialty
schools, residential care facilities, day care centers, nursing homes, clinics and
hospitals and all other uses not specifically excluded are bound by the terms of this
section.
Maso�)a�yer. A solid brick or block of masonry material used as a paving material.
44
Metallic color. A paint color which has pigments that incorporate fine flakes of bronze,
aluminum, or copper metal.
Move -in building. A building that has been moved onto an existing lot.
Preservation criteria. The standards considered by the director and the historic landmark
commission to determine whether a certificate of appropriateness should be granted or
denied.
Rehabilitation. The process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values.
Si&n, fence. Signs attached or affixed to any type of fence.
Sign, mobile. s
Signs are
on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used
primarily to support or display such signs while parked.
Sign, n7ovii1g. Signs which in whole, or part, do not remain stationary at all times,
regardless of power source which effects movement.
lie
sib LICIUre andITITis de,5jgL jed to be p n�iove fr n d o 1 xj _pLa !L
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) Reconciliatioij, 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
structure on the property, or the placement, construction, maintenance,
expansion, or removal of any structure on or from the property, unless the
act is expressly lawfully authorized by a certificate of appropriateness.
45
(D) Structured. pgking. 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 parking4 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.
(Cr) Drivewa
ys. Driveway Widths shall not exceed the following
dimensions:
(i) Residential:
a. Single-family: 20 feet.
b. Two-family: 20 feet.
c. Multiple -family: 24 feet.
(H) Commercial: 24 feet.
(iii) Industrial: 35 feet.
(8) S Ligns. Signs must not obscure significant architectural features,
windows or doors of the building. The shape, materials, color, design, and
letter style of signs must be typical of and compatible with the style and
period of the architecture of the building and complement the district. Signs
shall only be allowed where permitted by section 28,04.003 of this code-P.J.-
itfipg outlined ill, 28.04'.003 In
addition, all signs within the district must comply with the following
standards:
(A) Detached signs. Only one (1) detached sign is permitted on each
lot and subject to the following restrictions:
48
(i) The structural support of the sign must be located at least
five (5) feet from any public right-of-way or property line
dividing properties of different ownership. No part of any sign
shall overlay any property line.
(ii) The sign must be six (6) feet or less in height;
(iii) The sign shall not be illuminated; and
(iv) The sign shall not exceed twelve (12) square feet in area.
(B) Attached signs. No more than two (2) attached signs are permitted
on each building. Each sign must:
(i) Not be illuminated, except by one external floodlight not to
exceed one hundredfifty (150) watts in power;
(ii) Not exceed six (6) square feet in area; and
(iii) Not be located in or in front of any window or doorway.
(C) Prohibited signs. The following types of signs are prohibited in an
historic district:
(i) Advertising signs;
(ii) Illuminated signs;
(iii) Neon or fluorescent signs;
(iv) Signs affixed, either permanently or temporarily, to street
furniture;
(v)
signs, as defined in section 28,04-A.4.).3 28,01.004, sign regulations,
as outlined in the city Code of Ordinances-,
(vi) Mobile signs;
(vii) Moving signs; and
(viii) Fence signs.
49
(ix) Bannem eaxelud-&-one-44)
o-ne-4 4+f4ak�'-�44a-J.1,- ' f7eet-4 ).-y -srix-�6- )-feet-4
741eitllel
f4v'C-;
(x) Other attention -getting devices used by commercial
establishments.
(9) Litter/trash and junk. Section 12.07.001 [article 12.07], litter Control
and sections 22.05.051 through 22.05.061, solid waste collection by the city,
as outlined in the city Code of Ordinances;, applies to all properties within
any historic district. In addition, an approved container as defined by same
must be located in the rear yard of the subject property with exception
allowed for pickup and disposal of said litter not to exceed a twenty -four--
hour period. All fixed or otherwise immobile trash containers must be set
back from the property line no less than twenty-five (25) feet or be
completely screened from view fromanystreet via landscaping and fencing.
(10) Outdoor ftirnittire. Furniture or appliances which are constructed of
materials which are intended for indoor use only or would otherwise be
susceptible to water damage, rot or destruction must not be placed on an
open porch or outdoors.
(11) Outdoor rqerchaiidis�in . No business shall display any merchandise
outdoors within a historic district.
(f) Rehabilitation guidelines. The following standards for rehabilitation shall be
employed by the director and the historic landmark connnission to evaluate a
certificate of appropriateness.
(1) Every reasonable effort should be made to provide compatible uses
for properties mandating minimal alteration of the building, structure, or site
and its environment.
(2) The distinguishing original qualities or character of a building,
structure, or site and its environment should not be destroyed. The removal
or alteration of any historic material or distinctive architectural features
should be avoided when possible.
(3) All buildings, structures, and sites should be recognized as products of
their own time. Alterations that have no historical basis and which seek to
create an earlier appearance will be discouraged.
50
(3) Amortization of nonconforming structures and gravel and shell parkin lots.
With exception provided for main and accessory structures and fences, all
structures and gravel and shell parking lots which are not erected under the
terms of this section at the time of the adoption of same must be removed or
otherwise made to conform with the terms of this section within four (4)
years of the effective date of this section. There shall be granted no
exceptions or extensions.
0) Designation as a contributing structure. For the purposes of this section, a property
owner may wish to have a structure within an historic district to be singularly
distinguished as a contributing structure. To obtain this designation, a property owner
must follow the standard procedure set forth as section 28.02.007 (HC-L, Historic -
Cultural Landmark Preservation designation).
(Ordinance 93-28, see. 1, adopted 6/29/9 3; Ordinance 93-50, see. 1, adopted 8/24/93;
Ordinance 95-50, see. I, adopted 8/29/95; Ordinance 98-27, see. 1, adopted 3/24/98;
Ordinance 00-83, see. 1, adopted 9/26/00; Ordinance 0 1 -0 18, see. 1, adopted 3/6/0 1;
Ordinance 02-008, sees. 1-3, adopted 1/29/02; 1978 Code, see. 30-21.2; Ordinance
10-040, . see. 1, adopted 6/8/10; Ordinance 13-003, sees. 1-2, adopted 1/15/13)
1 Am Sec. 28.03.019 PD, Port Development District regulations
(a) General purpose and description. The PD Port Development District is intended to
-
accommodate the port or port -related development of property owned by the 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 heighLigggWonss. There shall be no area and height regulations in the
PD, Port Development District.
(Ordinance 81-17, see. 1, adopted 3/10/81; 1978 Code, see. 30-22)
009 &+-a See. 28.03.020 UC, Urban Corridor Overlay District regulations
(a) General purpose and description.
62
(1) The UC, Urban Corridor Overlay District, in general is intended to
preserve and improve the physical environment along Martin Luther King
Parkway; promote the public safety, welfare, convenience and enjoyment of
travel and the free flow of traffic along this corridor; ensure that signage
provides the essential identity of facilities along this roadway; and prevent
needless clutter in appearance along this corridor.
(2) This district supplements the regulations of the underlying zoning
district classifications. The zoning map shall reflect the designation of an
Urban Corridor Overlay District by the letters "UC" as a suffix to the
underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Sign 0 ., attached. A sign which is attached t I 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 (1 8) inches from the face of the
building wall or above the roof line of the building to which the sign is affixed.
constnicted ofl.j Ly fic -gh— �-. ght.pj�' .abr.....
ora sirnil ri n j aro -i�.gid-jnate qj,,qjj0 ji.din or
_.AhAt is inountedAethered to,.ap �g
.......... ---- . . .. . . . .............. . . ..............
other struCtUre at on6
... . ..........
Sign, detached. A sign which is wholly supported by one (1) or more columns, uprights
or braces in the ground and ha's no support to a building, canopy or facade.
Si -an, electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached owner identification sign. A sign
,off
Sign, fence. A sign attached or affixed to any type of fence.
Sign nivbile. A busier e,,,is--sign aile
is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to
support or display such signs while parked.
Sign, movit1g. A sign which in whole, or part, does not remain stationary at all times,
regardless of the power source which affects movement.
63
Sign, portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
il I L1111 ill afed.-PL)�ter offisp ,�y' constrUcted, �Jpftt'. -
.- ------ . .. . . ..... —_j_ _L _ -plastic
like materials that,a Mjj',,.,jp 11 ded to be
-: [Jjinjted_pgriod of titne.
-(c) Permitted uses. The permitted uses in the UC, Urban Corridor Overlay District,
shall be determined by the underlying zoning district classification.
(d) Boundaries. The boundaries of the Urban Corridor Overlay District shall extend a
distance of two hundred (200) feet from the street right-of-way of Martin I.,uther King
Parkway from 1-10 East to Cardinal Drive.
(e) Area and height regulations. The area and height regulations shall be determined by
the underlying zoning district classification.
(1) Sign jggW4tjpjLs. Signs shalt not be permitted within an Urban Corridor Overlay
District except as specifically authorized in this section.
(1) Permit requirements. No sign, unless herein excepted or where��
. .. ....... ....... . ... . .
12�p� ,jtfed,, _hy. section 28L)4. L)0jApj.. -Wf -er., shall be located,
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the chief building inspector in accordance with
the requirements of this chapter and the International Building Code.
(2) Prohibited signs. The following types of signs are prohibited in this
Urban Corridor Overlay District:
(A) Off -premises advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F) B
(3) Signs in residential IJC districts. Signs shall not be permitted in urban
corridor overlay residential districts except as specifically authorized in this
section as well as section 28.04.003 of this chaMt
(A) One (1) detached identification sign may be constructed to
ident4y at the entrance of a single-family residential development of
ten (10) acres or more. Such signs will be subject to the following
conditions and restrictions:
(i) Building wall signs will be prohibited.
....... . ....
-be
'I"he cotiterit of the sigi :qy
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent light.
(vivi) The sign shall be placed within a landscaped setting
containing not less than one hundred twenty (120) square feet.
(viii) All parts of the sign shall be located a minimum of fifteen
(15) feet from the property line.
(viiii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached owner identification sign shall be permitted for
a multiple -family development, nonresidential, or institutional building
for each abutting street subject to the following conditions and
restrictions:
(i) The sign shall not exceed twenty (20) square feet in area.
(ii) The sign shall not exceed five (5) feet in height.
M
(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:
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 111.jn ay change no more than
-f
once every forty-five (45) -seconds.
C. M-e,.,sag e-eopy, Si 'n 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 not be no greater than 0.2
footcandles.
f. Electronic reader board signs shall not be permitted in
an historic district.
(iv) All parts of the sign shall be located a minimum of twenty-
five (25) feet from the property line.
(v) The sign shall meet the wind load requirements of the
building code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
(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:
4E
(i) The sign shall be attached to or painted on the outside face
of the building.
(ii) The attached sign shall be erected parallel to the face of the
building, supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not be lighted except by reflective floodlight
type illumination. There shall, not be any flashing or intermittent
lights.
(v) No sign shall exceed ten (10) percent of the area of the wall
to which it is attached, or one hundred fifty (150) square feet,
whichever is less.
(D) One (1) detached owner identification sign shall be permitted far
each commercial use with a specific use permit in the RCR, Residential
Conservation and Revitalization District subject to the following
conditions and restrictions:
(i) The sign is included in the site plan approved in the specific
use permit.
(ii) The sign shall not exceed twenty-five (25) square feet in
area.
(iii) The sign shall not exceed fifteen (15) feet in height.
(iv) The sign shall not have any flashing lights, intermittent
illumination nor revolve nor rotate in any manner, except as
allowed below:
a. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached
identification sign.
b. The qfi
S tg!�._juay change no more than
once every forty-five (45) seconds.
67
C. M es" , 1 i I - fa - ce shall not include any flashing,
flowing, alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached
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 reader board signs shall not be permitted in a
historic district.
(v) All parts of the sign shall be set back at least fifteen (15)
feet from any property line.
(vi) The sign shall meet the wind load requirements set forth in
the building code.
(vii) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
(E) One (1) attached owner identification sign shall be permitted for
each commercial use in the RCR, Residential Conservation and
Revitalization District, for each street abutting the lot upon which the
use is located, subject to the following conditions and restrictions:
(i) The sign shall be attached to or painted on the outside face
of the building.
(ii) The attached sign shall be erected parallel to the face of the
building supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not exceed ten (10) percent of the area of the
wall to which it is attached or one hundred fifty (15 0) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination.
(4) Signs in cone-nercial and industrial—UC districts.
(A) One (1) detached owner identification sign, and one (1)
additional detached sign for each thoroughfare more than one (1) that
abuts the property, shall be permitted in the NC, Neighborhood
Conimercial District, and OP, Office Park District for each connnercial
or office park establishment subject to the following conditions and
restrictions:
(i) The sign shall not exceed twenty-five (25) square feet in
area.
(ii) The sign shall not exceed fifteen (15) feet in height.
(iii) No portion of the sign shall have flashing lights,
intermittent illumination, nor shall it revolve nor rotate in any
manner, except as allowed below:
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-....4 p face.,may change no more than
9 . . ace._may . .............
once every forty-five (45) seconds.
C. 0Ifashall not include any flashing,' ce -
flowing, alternating or bliffl(ing lights or animation.
d Electronic reader board signs that are part of a detached
owner identification sign shall be allowed to have multiple
colors.
C. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
(iv) The sign shall not be located in any required yard.
R
(v) The sign must 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.
(B) One (1) attached owner identification sign, and one (1)
additional attached sign for each thoroughfare more than one (1) that
abuts the property, shall be permitted in the NC, Neighborhood
Coniniercial District, and OP, Office Park District for each commercial
or office park establishment subject to the following conditions and
restrictions:
(i) The sign shall be attached to or painted on the outside face
of the building.
(ii) The attached sign shall be erected parallel to the face of the
building supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not exceed ten (10) percent of the area of the
wall to which it is attached or one hundred fifty (15 0) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination.
(C) One (1) detached owner identification sign, and one (1)
additional detached sign for each thoroughfare more than one (1) that
abuts the property, shall be permitted per establishment, located in the
NSC, GC -MD, CM, LI and M Districts subject to the following
conditions and restrictions:
(i) The sign shall not be greater than twenty (20) feet in height.
The maximum height being 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.
Wo
(ii) The sign shall not exceed sixty (60) square feet in area.
(iii) All parts of the sign shall be set back at least ten (10) feet
from any property line or street right-of-way. Where a structure
existing at the effective date of this section precludes locating a
sign in compliance with the setback regulations, the board of
adjustment shall be authorized to grant a variance to the setback
requirement.
(iv) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
(v) The sign not revolve or rotate in any manner nor shall it
have flashing lights or any type of intermittent illumination,
except as allowed below:
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 Fif essage,e-&py--_Li L�, tj f' may g Jqce in change no more than
once every forty-five (45) seconds.
Sigi.dace 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.
C. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footeandles.
(D) One (1) attached owner identification sign, and one (1)
additional attached sign for each thoroughfare more than one (1) that
abuts the property, shall be permitted per establishment, in the NSC,
CSC, GC -MD, CM, LI and M district subject to the following
conditions and restrictions:
(i) The sign shall be attached to or painted on the outside face
of the building.
71
(ii) The attached sign shall be erected parallel to the face of the
building supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not exceed ten (10) percent of the area of the
wall to which it is attached or one hundred fifty (15 0) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination,.
(5) Ex
emptions. The following signs are exempted from the requirements
of this section:
(A) Changing of permitted eetYy--.,s.J face of an existing bulletin
board, general advertising poster or paint panel(s), display encasement,
marquee, flat sign, projecting sign, detached sign, or roof sign,
provided no increase occurs with respect to either the area or [of] any
such sign or the manner in which it is structurally supported.
(B) Signs on trucks, buses, or passenger vehicles which are used in
the normal conduct of business.
Peq� Lliq LU)y ection 28.04,003 �(W'jp j5
...... ....... . - ----- (E
ig 3 -square
--- -e,4',,A-e-
than-ei-glit-(4) --- sq-tia re --4 eet---
rea-1--e-5tiate; -Pi: 0.-
72
........ . . -di-reetk-)mil- sign-ST- Ie-,,is than-e-i-gi--ft
zi) n ed-af ea-. ---Rle(a ti en
g 0 ) --s quarre-41e4a-t in
.!'ht .. Wh-en e4i,,+e4i ed.-sigi-I he
414"t-e-en7-d-ay- - bu i Id-irf g-pe+iT-ii t4k-the—c-i ty,
us holiday
(Iisphays--t'�rec ted--w-ioth-oiat- -adv�-.rtis-iny
-sh-all-- n(A- -be---sulk-ee+--43—the
(Ordinance 93-62, see. 1, adopted .10/26/93; 1978 Code, see. 30-23; Ordinance 08-
02 1, sees. 3 -5, adopted 3/18/0 8; Ordinance adopting Code; Ordinance 12-03 1, sees.
1-4, adopted 6/26/12; Ordinance 12-074, see. 8, adopted 9/25/12)
Q , 4�
, &-.a See. 28.03.021 MajorA1)o'svleD/Gladys/Hwy. 105 Sign Overlay District regulations
(a) G6neral purpose and description. The Major/Dowlen/Gladys/Hwy. 105 Sign
Overlay District, in general recognizes that this area will be the major growth area of
the city and is therefore intended to provide for the essential identity of facilities along
the streets and prevent needless clutter in the area through uniform signage; to
preserve and improve the physical environment in the city; and promote the public
safety, welfare, convenience and enjoyment of travel and the flee 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
Major/Dowlen/Gladysif-lwy. 105 Sign Overlay District by the letters "NM" as a suffix
to the underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Attention -betting deWce. 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.
73
L,'r oAt Uie. That portion of any tract of land which abuts a public street right-of-way,
measured along the street line.
Multi -tenant business de�Iq n�7ent. A development under the same ownership consisting
of two (2) or more business establishments separated by a tenant separation wall,
using common driveways and on -site parking facilities, including, but not limited to,
shopping centers, office complexes, office buildings and business parks. Retail co -
branding shall not be considered a multi -tenant business development.
Sign, Advertising.
of anv tvoe is it
intended to N,',�Jeaseo,_,pr which
I .............. I . ................... . ............... I ..... . ........ ..... . ........... ......... _L . ..... . ...................... _
M
'I C ILI e A.,sIOD
11a ny, qp ji.dt the terrn does not if d _p��L - - — ---------- — - -------------- --------
that is leased to a business entjjyjq� d e tjggate on the sani .,p which the
. . ............. . . .....
bUSiness is, located or,a S.ij ijq .!21 . Ig wned or leased for the..sole 'q
gi gt�, j.,V PD.1m . . .... 21
L)C�jjs Lqyj1ijz,.A5 gn.
Sign, banner. A type of sign that is generally constructed of lightweight plastic, fabric
or a similar non -rigid material, and that is mounted/tethered to a pole(s), building or
other structure at one+l)-!wo (:
)...or more edges.
,Sign, detached. A sign which is wholly supported by one (1) or more columns, uprights
or braces in the ground and has no support to a building, canopy or facade.
S]ign,double-faced. A single sign with two (2) parallel sign faces back-to-back.
Sign, electronicreader board. A sign or portion thereof that uses changing lights to form
a sign message or messages m 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-&4,pi
on.
Sign acing. The facing of any sign upon, against, or through which the " a "' messagc,_,LpjYQ
pK,,.,&ajS,tj is displayed or illustrated; provided however, for signs in which the words,
letters or symbols are independently mounted, the sign facing .Jbi,
VDA
jjj�qsuring_tk..�?Jze of si , shall mean the smallest regular geometric form
containing all of the individual words, letters and symbols. Size of the sign shall be
determined by the lettering. However, if there is background in addition to the
lettering, background material shall be included if the background is uniquely
associated with the letters.
Sign, fence. A sign attached or affixed to any type of fence.
Sign, mobile. Nyl,,joh are on o other"Jsq xe , ati I d_Lq, L
autornobiles.,...trailers or other vehicles use -1) _s_tl J'-IL') Prdis I S Ch 'S
d ,I-irn r.1 .11 p
.. ............. . . . .......... . ..... .
"difleDarked,
k-Imsi ss ig r sftI-4(-dve-r4 is w!,.x, rviees-wNiel i iis
--h-s4p .,vs--Nvh44e pa-rkech
Si -it structure supported from grade to the
gi7 ., nioiiument. A sign that is an independei e
bottom of the sign with the appearance of having a solid base.
Sign, moving. A sign which in whole, or part, does not remain stationary at all times,
regardless of the power source which affects movement.
pertains' -on- -Y-t(,) the-u'se-ef
Re-41-thy
the relafive4- the
6011-d. uct-4 the.-tv, iiets-being
5(-Ad-;
adverti s 9-�q .-.---"- is . ............. .............
-�.othehart r tan sin i�tI.ML12ich located oil the
saine lot or develo ment as the Y(IgLipr service for which the 9' . is intended and is
.. service for ......... . whit I ........
not intended to, I)e leased c
........ y 1pe is intended to be or is
Sign, pennant. A sign consisting of a series of flags constructed of cloth or other limp
material.
Sji)-- ,,i,i-ppltable. A sign not permanently affixed to the ground or to a building, which is
designed to permit removal and reuse.
75
iiotiilluiiiiiiated.pl,-,,!gl.l...disp etcd flipglgtll
Ikfic
jj,a� E like niaterials that pp isJg.be intended to be
4 Lbi.Idtecfjjpriod of tilne.
Sin gle-tenant business establishment. A project or undertaking which involves the use of
any property, building or structure, permanent or temporary, for the primary purpose
of conducting on said property a legitimate commercial enterprise, or other
nonresidential use, in compliance with all ordinances and regulations of the city.
Multiple services and/or goods offered by a business establishment shall be
considered a single -tenant business establishment for the purposes of this section. This
definition shall include, but not be limited to, retail co -branding such as convenience
stores with gas pumps and restaurants, grocery stores with banks and discount stores
with other incidental uses.
Tenant separation. A partition or floor/ceiling assembly or both constructed between
tenants as per the adopted building code.
(c) Permitted uses. The permitted uses in the MD, Major/Dowleii/Gladys/Hwy. 105
Sign Overlay District, shall be determined by the underlying zoning district
classification.
(d) Boundaries.
For place of beginning, begin at a point in the north right-of-way line of Tolivar Road,
a 60-foot-wide street right-of-way, said point also being in the southwest corner of Lot
7 and the same being the southeast comer of Lot 8, Neches Terrace Addition, an
unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont,
Jefferson County, Texas;
Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a
distance of 322.4 feet, more or less, to a point in the south right-of-way line of State
Highway 105; thence continuing north a distance of 50 feet to the centerline of said
State Highway 105 to a point for corner; thence west along the centerline of State
Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a
distance of 50 feet to a point in the north right-of-way line of State Highway 105;
Thence north 750 feet to a point for comer; thence east 870 feet to a point for corner
in the west right-of-way line of Major Drive (FM 364); thence continuing cast a
distance of 60 feet to a point in the centerline of Major Drive (FM 364); thence south
a distance of 200 feet, more or less, to a point for corner; thence east a distance of 60
feet to a point in the east right-of-way line of Major Drive (FM 364);
76
Valley Authority Canal); thence in a southwest direction along the northerly line of
the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner;
Thence north 1,400 feet, more or less, to a point at the southeast comer of Western
Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42;
thence continuing north along the east line of Western Hills, Unit 2 a distance of 810
-feet to a point for comer in the south right-of-way line of the 60-foot-wide Tolivar
Road right-of-way; thence north 32' east a distance of 70 feet to the place of
beginning, containing an area of 2,613 acres or 4.08 square miles, more or less.
(c) Area and height regu
lations. Minimum lot area, width, depth, yard and building
height shall be determined by the underlying zoning district classification.
(f) Sign regplations. Signs shall not be permitted within the
Major/Dowleii/Gladys/Hwy. 105 Sign Overlay District except as specifically
authorized in this section or wl-i ere ion 2 8 n 04 .003 (e , 11iscode.
(1) pgnLiit requirements. No sign, unless herein excepted, shall be located,
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the building official in accordance with the
requirements of this chapter and the International Building Code.
(2) Prohibited signs. In additioni to the prohibited signs listed in section
28.04.003(f), the following types of signs are prohibited in this overlay
district:
(A) Advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Felice signs.
(F) Pennants, decorations or other attention -gating devices.
(3) Sight distance. No sign shall be located within a 30-foot by 30-foot
triangular shaped portion of land established at street intersections and
driveway/street intersections in such a manner as to limit or obstruct the
79
sight line of motorists entering or leaving the intersection. A two (2) square
foot in area directional sign may be located within the required sight
triangle.
(4) Signs in residential -MD districts. Signs shall not be permitted in
Major/Dowlen/ Gladys/1-1wy. 105 sign overlay residential districts except as
specifically authorized in this section.
(A) One (1) detached 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.
"I'lle---aign RA-111,st—bc— -.far
'Ihe content of the sig, Li-L i ed.
. . . . . . .......... . ..................... ) q1!
(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 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.
(iii) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as
allowed below:
ME
a. Electronic reader -boar-4--signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
b. The 'ace may change no more than
_, -i-21) f -_
once every forty-five (45) seconds.
C. ... si 'fact:....... not include any
11 g... .. I
flashing, flowing, alternating or blinking lights or animation.
d. Electronic reader- boa4 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 rep dor-41),oar-d-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.
(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.
91
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not be lighted except by reflective floodlight
type illumination. There shall not be any flashing or intermittent
lights.
(v) No sign shall exceed ten (10) percent of the area of the wall
to which it is attached, or one hundred fifty (150) square feet,
whichever is less.
(5) Signs in corranercial and industrial. -MD districts. Detached signs shall not
be permitted in Major/Dowlen/Gl adys/1-Twy. 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
(A) Single -tenant business establisbinent.
(i) Developments with less than eighty thousand (80,000)
square feet in gross building area shall be permitted one (1)
detached =idnt monument sign per street frontage
that abuts the property. Developments with eighty thousand
(90,000) 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 ow lntiicat'=
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 maxh-num, height being measured from twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
C. All parts of the sign may be located at the street right -
of' -way and shall be located a minimum of ten (10) feet from
any other property line.
LOW
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:
I . Electronic shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
2. The s_J2,.n face.i-n,ifiag&-eeff-may change no more than
once every forty-five (45) seconds.
3. TI e --- si Hi face , Me_ssage--eopy- .-shall not include any
flashing, flowinga alternating or blinking lights or
animation.
4. Electronic readet -boafd--signs ' that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
5. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(B) Multi -tenant business development.
(i) Developments with less than eighty (80,000) square feet in
gross building area shall be permitted one (1) detached 4r)wner
i.de,n,fif�ii-tn�--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
two (2) detached per street frontage that
abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
M
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 iwdei!-4f4-signs shall not be permitted,
except as an attachtnent to or a part of a detached (-)-wRCW
ident4flicatioi't-sign.
2. No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The facc ,,,may change no more
than once every forty-five (45) seconds.
4. Message..5i r fa 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.
C. 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.
M,
(C) Gasoline retailers owner identffieajjqp/Kicing board si.gns. One (1)
detached sign for each street
frontage that abuts the property shall be permitted subject to the
following conditions and restrictions:
(i) Dowlen Road, II)yy. 105 and Major Drive.
a. The sign shall not be greater than fifteen (15) feet in
height, the maximum height being measured from twenty-
four (24) inches above the curb height adjacent to the
property.
b. The sign shall not exceed one hundred (100) square feet
in area with the sign facing not to exceed eighty-five (85)
square feet.
0. All parts of the sign may be located at the street right-
of-way and must 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 hav e 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 n+es6ag�';� col)-y--
- _!I,_fqc(.,,,,jnay change no more
than once every forty-five (45) seconds.
4. -Mes-, agero,Rp, shalt not include any flashing,
flowing, alternating or blinking lights or animation.
5. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
FIM
6. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
All other streets in the MD Sign Overlay District.
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured from twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
C. All parts of the sign may be located at the street right-
of-way and shall be located a minimum of ten (10) feet from
any other property line.
d. The sign shall. not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
2. The sil� ,a e change no more than
once every forty-five (45) seconds.
3. The_.,!,i �!rfa(L _;,.igtop -shall not include any
flashing, flowing, alternating or blinking lights or
animation.
4. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
Ma
5. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(g) Exeniptions. The following signs are exempted from the requirements of this
section:
(1) Changing of permitted s'- face.ef)p -of an existing bulletin board,
general advertising poster or paint pancl(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 nou.inted or..... —on or ---..�'plied IL)trucks, buses or passenger vehicles
I ---' . . . ..... P
which are used in the normal conduct of business.
0 3._( _�.Yf t1ji s ..ch a
..... .......
4644
tha4--, enly (-)Fve-4—iu-eh-s4&
o",,-ae4i--M-re e4i+I)+A-4iwg
thej,ff
. ........ at-ning; wcnnlit....... .
tY-((A-Y.d-aYs-
and---f ive— ret-t---414+eight.iand----not
in ust-be-rem(w ft,4-wi-th-i-rv4-enL-(I
(84) Banner signs, on _pi qperties witli instiftitiot cnnnercial or
. . . . ........ . . ... ........o........ . . ....
indgstrialmm is s e, when attached to a building. Detached banner signs, on
P Igt➢ commercial or indi,istriai..uses, not exceeding
_KQ112e�r!Lq- ..... i. with nstitt .....
twenty-one (2 1) square feet in area and five (5) feet in height, shall be
allowed for each individual establishment or entity. Detached banner signs
shall not be placed on any one (1) property more than five (5) times per
calendar year and shall not be displayed for longer than thirty (30)
consecutive days at any one (1) time with one (1) 30-day extension allowed
for a total of sixty (60) days. Under no circumstances shall banner signs on
any one property be allowed for mole than one hundred fifty (15 0) 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.
°y.wiillays
e, r e, (.4 e d- WitfK)tIt
A -to -the
(405) Attached advertising signs located on nonprofit recreational
facilities.
(h) Continuation of nonconforming signs.
(1) All lawftil nonconforming onj)remi.w
other than advertisirig 'Lijboards). 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,
W
area. The percentage of the landscaped open space area in excess of the
landscaped open space required in section 28.04.006(c) [28.04.006(h)] shall
determine the maximum percent reduction which will be permitted in the
total number of off-street parking spaces.
(b) Off-street loading regulations. The intent of this section is to ensure that an
adequate off-street loading area is provided with the construction, alteration, or
change of use of any business building or structure, or with any change in land use.
(1) The owner and the occupier of any property upon which a business is
located shall provide loading and unloading areas of sufficient number and
facility to accommodate on such business premises all vehicles that will be
reasonably expected to simultaneously deliver or receive materials or
merchandise, and of sufficient size to accommodate all types of vehicles
that will be reasonably expected to engage in such loading or unloading
activities.
(2) Any person desiring a building permit for the construction, alteration,
or change of use of the land or any business building or structure shall
submit a plot plan to the building official design -citing the number,
dimensions and locations of all loading areas and all proposed avenues of
ingress and egress to the property from adjacent public thoroughfares. The
building official shall not issue such permit if it is determined that the
9
proposed loading and unloading facilities will present a direct or indirect
hazard to vehicular or pedestrian traffic.
(3) Buildings and land uses within the CBD, Central Business District,
and the PD, Port Development District, shall be exempt from the off-street
loading requirements of this chapter unless, in the CBD, Central Business
District, an owner or occupier or business property elects to provide off-
street loading facilities, in which event, such facilities shall be approved as
provided in these regulations.
(Ordinance 81-17, see. 1, adopted 3/10/81; Ordinance 81-79, sees. 1, 3, adopted
10/6/81; Ordinance 82-1.34, see. 7, adopted 12/14/82; Ordinance 87-33, sees. 4, 11,
adopted 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2,
adopted 11/23/93; 1978 Code, see. 30-27; Ordinance 14-067, see. 1, adopted 12/9/14)
L a See. 28.04.003 Sign regulations
(a) Permit requirements. No sign, unless herein excepted, shall be located,
constructed, erected, altered, posted, attached, or painted until a building permit has
been approved by the chief building inspector in accordance with the requirements of
this chapter and the 24W current edition of the w International Building Code,,,,, as
(b) Signs in residential districts. Signs shall not be permitted in residential districts
except as specifically authorized in this section.
(1) One detached owner identification sign shall be permitted for a
multiple -family dwelling development, nonresidential or institutional
building for each abutting street, subject to the following restrictions:
(A) The sign shall not exceed fifty (50) square feet in area;
(B) The sign shall not exceed fifteen (15) feet in height;
(C) The sign shall not have flashhig lights, any type of intermittent
illumination or revolve in any manner; except as allowed below:
(i) Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner identification
sign.
(ii) , The change no more than once
every forty-five (45) seconds.
(iii) f1ice 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.
(D) The sign shall be located a minimum of fifteen (15) feet from
any property line;
(E) The sign shall meet the wind load requirements of the building
code.
127
(2) One attached owner identification sign for a multiple -family dwelling
development or institutional building may be attached flat against the wall
of a building in the complex for each street abutting the development
subject to the following restrictions:
(A) The sign shall not exceed the height of the wall of the building
to which it is attached;
(B) The sign shall not be lighted except by reflective floodlight type
illumination;
(C) The sign shall not exceed forty (40) square feet in area.
(3) One detached owner identification sign shall be permitted for a
commercial use with a specific use permit in the RCR, Residential
Conservation and Revitalization District, subject to the following conditions
and restrictions:
(A) The sign is included in the site plan approved in the specific use
permit.
(B) The sign shall not exceed forty (40) square feet in area.
(C) The sign does not exceed fifteen (15) feet in height.
(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
1g.g may change no more than once
every forty-five (45) seconds.
(iii) - ' fic ' e ' shall not include any flashing,
flowing, alternating or blinking lights or animation.
(iv) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an
historic district.
(vi) Electronic reader board signs that are part of a detached
owner identification sign shall be allowed to have multiple colors.
(E) The sign shall be located a minimum of fifteen (15) feet from
any property line or at the building setback line, whichever is less.
(F) The sign shall meet the wind load requirements in the building
code.
(4) One (1) detached owner identification sign shall be permitted for a
commercial use with a specific use permit in the RCR-H, Residential
Conservation and Revitalization District, subject to section
28.03.018(e)(8)(A) of this chapter.
(5) Two (2) attached owner identification signs shall be permitted for a
commercial use with a specific use permit in the RCR-H, Residential
Conservation and Revitalization District, subject to section
28.03.018(e)(8)(13) of this chapter.
'I be comtrLicted t tahe
_(l),...-detached identificatio!
entrance of a sipglt:� " Unlity residential .deve (,)pn el tL of ten gres or
:c — - -L _-I 1 — — (j Q) � . . . ........ . .......
more. SuehAjgjj�_Ejj.j bg�. i �) Wi fitioris and restrictions: jqq.to the folio ng.,qpj.jL
. ...... . ....... . . ...... .... . . .. . ..... ................... . ....
�Ijiwm+'ill be rohibited.
The content ofthe shgLi.na -e u Med, jg -,-y not bel -
exceed tw 'n et in area.
II!,a,re to
........ . . .... ----- -
fjV, __ The Sig!! '.'jU,,not exceed a heigtjt, _ff leet above the
.................... ........... ... . . . . .........
'Lh �' sliall pot be illurninated exgq2j, by.. eflective floodligL��t
...................... .... . .... ..... . ............. . .. . ......... . ................ . . ........
lyp -crhere shall. not be ai fl. shi or interinitt ill 'I en t y
, T
(Vj) all be p a lat'idscaped setth. contai 'n _ . _.-J �� , i n_sh _J! _g. j!�W_�yjthin. i �L � - H�1-19
. . ........... ........ --------
I'lot less than one hundred twent
khan ..... . . ... .... Y-(l 29) --q�v -"In-f h��t
_tjwtt. shall be located a mininILIM of fift of I 5
f'eet froni the _pL p jine,
(yiij) The112 shall ineethe Nvin --load r gq .U...i.....ernentof the
bUildi "Code.
129
(c) Owner identification signs in commercial and industrial districts. Signs shall not be
permitted in commercial or industrial districts except as specifically authorized in this
section.
(1) One detached owner identification sign, and one additional detached
sign for each thoroughfare more than one that abuts the property, shall be
permitted in the NC, Neighborhood Commercial District, and the OP,
Office Park District, subject to the following conditions and restrictions:
(A) The sign shall not exceed forty (40) square feet in area.
(B) The sign shall not exceed fifteen (15) feet in height.
(C) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as allowed
below:
(i) Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner identification
sign.
(ii) The _may change no more than once
every forty-five (45) seconds.
f ce shall not include any flashing,
flowing, alternating or blinking lights or animation.
(iv) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs that are part of a detached
owner identification sign shall be allowed to have multiple colors.
(D) The sign shall not be located in any required yard.
(E) The sign shall meet the wind load requirements in the building
code.
(2) One (1) attached owner identification wall sign, plus one (1)
additional attached sign for each thoroughfare more than one (1) that abuts
130
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, G-SC --GC-MD, GC-MD-2, C-M, L-1, H-.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 part 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
regulations, the board of adjustment shall be authorized to grant a variance
to the setback requirement. There shall be no restrictions or limitations on
on -premise owner identification signs in the CBD, Central Business
District, or the PD, Port Development District. Owner identification signs
shall be permitted in PUD, Planned Unit Development District, with the
location, height and number thereof being determined in accordance with
the sign regulations for the zoning district which permits the designated use
of the property.
L-S 4 nic reader board signs shall be permitted in the GC -MD,, GC-
A— Electronic
MD-2, CBD.-. C-M HT_,.and PD Districts subject to the following
conditions:
U.— The electronic reader board is to be attached to or a art of a
detached owner identification sign.
(B), The message e sigj�j fqg_may change no more than oncQ
every forty-five (45J-,sQeQ-nds.
131
1ge shall not include an flas jUgflm�L in alterng "tu or blinkin -tights or animation.
(D) As measured at the propet:
—1y linethe maximum light emanation
from a sian shall be no g!eater than 0.2 footcandles.
fE No more than six ly (60) square feet or fi , 54 ereent of the
maxiWXt=iisi n area whichever is less shall be dedicated to electrical
chap cable copy.
(45) Signs in PUD Districts.
(A) [Sign chart.]
Use Type (B)
Maximum Height (C)
(in feet)
Maximum Area (C)
(in square feet)
Front Setback
(in feet)
Multiple -family
15
20
25
Prof./fined. services
15
40
20
Wholesale/retail trade
40
50
10
Industrial
50
50
10
(B) The city council may approve a sign which exceeds the
maximum area and height where the planning commission has
determined that the sign is compatible with abutting development.
(C) The maximum area for owner identification signs in a PUD
district having mixed land uses will be determined by the regulations
for each use type as it appears in the chart in subsection (4)(A) above.
132
MOM a 4 . r. IIR".
affi-m— hs U&M BLT-2'j t.,L— 5!t-t _ __ _ _ — ------
Llbff'�- V.."M IN WMAN M.-M-2 "N. 1. "In Iff.-Iff; MI
o NO i M ........
'41-ITIVITI M-P-MR29MM"M
(6) Prohibition. Portable signs which are illuminated by any flashing,
intermittent or moving lights shall be prohibited in all districts.
(d) Ad . Advertising signs shall not be permitted except as noted:
(1) Permits. The city shall not issue permits for the construction of new
advertising signs except under the following conditions:
(A) All outdoor advertising companies shall provide to the city a
complete list of all signs it owns or maintains within the limits and the
extraterritorial jurisdiction (ETJ) of the city. This list shall include the
location, size (area and height) and type of construction.
(B) To reconstruct or replace an existing conforming advertising
sign at the same location. Any sign that is reconstructed or replaced at
the same location shall be the same size or smaller than the original
sign.
(C) To replace and relocate an existing advertising sign at one
location with an advertising sign at another location.
133
(i) Size of the replacement sign shall be one (1) square foot for
one (1) square foot. Square footage may be cumulative as to each
outdoor advertising company.
(ii) Regardless of the size of the advertising sign to be replaced,
the replaced advertising sign shall not exceed the height or area
listed under subsection (d)(1) of this section. Area calculations
shall exclude cutout extensions and apron trim without copy. The
cumulative area of all extensions on any one sign shall not exceed
twenty (20) percent of the area, of the sign, excluding extension
and apron trim without copy. Height shall be measured from the
crown of the adjacent roadway to which the sign is oriented;
provided that the board of adjustment may grant a special
exception for a sign not to exceed ten (10) additional feet in height
when, in its judgment, the sign will, at a lower height, block an
existing sign or structure from view or be so blocked from view.
Sign spacing, height and area shall be as follows:
Sign Spacing
Maximum Sign
Height
Maximum Sign Area
300 feet
20 feet
75 square feet
500 feet
25 feet
76 - 300 square feet
,750 feet
30 feet*
301 - 672 square feet
*Advertising signs fronting on an interstate highway or
a federal -aid primary highway may not exceed forty
(40) feet in height.
(iii) Spacing. Sign spacing shall be as follows:
a. The spacing of all advertising signs within 660 feet of
an interstate highway (11-1- 10), a federal -aid primary highway
(I-Iwys. 69, 96, 287), or a non -freeway federal -aid primary
highway (.I.-Iwy. 90) shall be in accordance with the Texas
Civil Statutes, article 4477-9a, as amended. As of March 3,
1986, the state regulations required the following spacings:
On interstate freeways (IH-10) and on federal -aid primary
highways (Ilwys. 69, 96 and 287) the required spacing is one
thousand five hundred (1,500) feet between advertising signs
on the same side of the freeway. On non -freeway federal -aid
134
primary highways (Hwy. 90) the required spacing is 300 feet
between advertising signs on the same side of the freeway.
b. The following requirements shall be in effect for signs
farther than 660 feet from a federal -aid primary highway or
interstate highway. No advertising sign shall be located
nearer than the spacing listed under this section to any other
advertising Sign, property zoned single-family residential, or
property used as a public school, church, courthouse, city
hall or public museum which fronts on the same street the
sign fronts on. Spacing shall be based on the maximum
height or area of the sign being erected, whichever is greater.
(iv) Advertising signs shalt be set back not less than twenty—five
(25) feet from the right-of-way of the street, measured on a line
perpendicular to the property line of the property on which the
sign is to be installed, and not less than ten (10) feet rom interior
side yard property lines.
(v) Shall be allowed a period not to exceed one (1) year from
the time the original advertising sign is removed to the time that
the replacement advertising sign must be installed.
(vi) Replacement advertising signs shall only be permitted in
those areas of the city that are zoned GC -MD, CM, LI and 1-11.
(vii) No new advertising signs shall be constructed in the city's
extraterritorial jurisdiction (ETJ) with the exception of state and
federally controlled highways.
(viii) The total number of advertising signs within the city
limits and ETJ of the city shall not exceed the total number
existing at the time of the adoption of the ordinance from which
this subsection is derived.
(ix) Advertising signs shall not be permitted on the following
streets:
a. Dowlen Road Extension;
b. Walden Road from 1,370 feet west of the west right-of-
way line of TH- 10 west to the ETJ boundary;
135
c. Concord Road from Gulf Street to Hwy. 105;
d. Washington Blvd. from Langham Road to Major Drive;
e. Phelan Blvd. from Major Drive to Keith Road.
(D) Prohibition. An outdoor advertising sign shall not be placed
within three hundred (300) feet of the property line of any property
which is zoned residential or used as a public park, public school,
church, courthouse, city hall or public museum.
(2) Traffic control conflicts. No advertising sign shall resemble an official
marker erected by a goverriniental agency, nor shall an advertising sign
obstruct from clear view any traffic signal or sign.
(3) 111UMiDatiort. Except for digital billboards as provided herein,
advertising signs may be illuminated only by indirect lighting subject to the
following conditions:
(A) Signs which contain, include or are illuminated by flashing,
intermittent or moving lights are prohibited, except for digital
billboards, as defined in this chapter. Signs giving public service
information such as, but not limited to, time, date, temperature,
weather or similar information shall be permitted.
(B) Lighting shall be shielded to prevent beams or rays from being
directed at any portion of a traveled roadway or an occupied residential
area and shall not be of such intensity or brilliance as to cause or
impair vision.
(C) Digital billboards that are illuminated shall be subject to the
following restrictions:
(i) The image or shall be static or fixed and
tWtcA
lasting no Jess than ten (10) seconds. Each screen message is to
contain a single advertisement;
(ii) The image or s-s-ag
change to another
image or message in a period of two seconds or less;
(iii) The image or ig face „TMshall not be animated,
flashing, scrolling or contain video imagery;
136
(iv) The image or si "Ll face shall adjust its brightness
as ambient light levels change so as not to be visually distracting;
and
(v) The digital billboard shall contain a default design that will
freeze the sign's image or sig, , Le- if a malfunction
- q f
occurs.
(4) Motion. Advertising signs shall not revolve or rotate or otherwise
move in any manner.
(5) Roof mounted sig . Roof -mounted advertising signs are prohibited.
(6) Structure. Advertising signs shall be constructed in accordance with
the building code and electrical code. Signs shall be engineered to withstand
a wind load of thirty (30) pounds per square foot.
(7) Maintenance.
(A) Advertising signs shall be maintained in good appearance and
safe structural condition. The general area in the vicinity of any
advertising sign shall be kept free and clear of sign materials, weed,
debris, trash and litter. Maintenance or replacement of sign copy or
structural repairs shall be conducted in a manner to protect adjacent
properties from debris and litter. Signs shall be reposted regularly, and
torn or ragged posters shall be repaired or covered promptly.
(B) When a nonconforming advertising sign falls into disrepair or is
damaged by fire, explosion, act of God or other calamity to the extent
that the cost of reconstruction or repair exceeds fifty (50) percent of the
replacement cost of the sign such nonconforming sign shall no longer
be permitted. A nonconforming sign may be changed or altered or
upgraded only to the extent that when the change, alteration or upgrade
is complete, it is made to conform, in all aspects, to the sign regulations
of the city.
(e) Exemptions. The following signs are exempted from the permit requirements of
(1) Changing of permitted 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
137
occurs with respect to either the area of any such sign or the manner in
which it is structurally supported.
(2) Signs on niounted,on_or_Vpjjed to trucks, buses, or passenger vehicles
which are used in the normal conduct of business.
(3) jii order to allow a address signs, ap attached or
allow . .......... . . .. . .... - --- ... 1.111.1--
detached si,gLi,,I-tl.1461-��t-n,-- tiot niore than three (3) square feet in size and less
....... . . . .
1c , -ie ntent of the ------oj.j&jjj!- ay
"�'5--te+n,pofary 4+-Y+ratui,.eF nf,4,� ex.,&ee diiag
-rt
.. ...... .
-------- ea -a* &- iNA
(64) Window signs hung on the inside of the window or painted on the
window glass.
orc+ry-dee*'H. -at
(8,�) Warning, security, and traffic directional signs, less than eight (8)
square feet in area and four (4) feet in height.
that i.....-eight- -(8) 4sq-uaf e feet-in--arL—arKI
a ri,",dentkd-I)
P
(10 ' 6) Signs in the PD, Port Development District, and the CBD, Central
Business District.
tt�i,on Seasri-JS.Lmm et ei to -.--nis. T.................f....b.......l.....l.....o....wia, a. d.djfional
f !!�!111'2-o.r�qry. P2�D�DA- sprai-i 1-_0 Si
1-- 11-1--JASY
BE
electionf(.,)r a federal,state or local election that involves a IlleaSUre orl the ballot of
within
an
5qpq Lit.
number of tenj p� �3 ,j i.s that are not more than f'ort s 'Ire Feet
content shall not be J.'e Ulated..
Two -Family Residential Uses: olle additional nonilltilmin,,,ited tei
�qnlvslr�la lmms.,,.-not more than fifty (a Ngare Feet in qrea,_.not niore
than flfteenf.j..,�)Jn hei ht.
loc.a.ted.-witijin, the rigft,- is., issible in all districts 1.or ten
section 28.04,008
139
Ifteen w.�tqys f"(11. �,L - b.
lql-()J� pin m of a� liew bUsiness or institution an additiollaijein )oria
. . . . ...... . . ...... ...........
Sign n.ariye_( .Iuare feet in area and f
is aljovVred,
Ltlg,. One acid itiona I. -tern
th JX!xJ§Q).!q!,.' are feet in areas and five height I"
s than seven qfh -�
03) lhan.! r� sjgjj�_Q L�ig, than those B 1 . -estrictions ,,,T - in.......... . the
....... ........ . ..
Mpdgd[?'q�vakn� Bneanr
......... . ........ .
ern�dtj, 1)" when located pn_j�rqpgti��.. JU . .... . _with
!�rciql or indust � ti e attached to a buildingjq, _jjq�t
.. . .... ........ .......... . .
more than 1� 3 Detached b
— . . . ....................... - _L anner
I ....... . ....
instittition I or indnstrial tises, not exceed ingj"�gg w -.mot .( .
�s !�et in area and five. ljt� 11 be allowed for i)o inore
,�,qj!qKg J . .............. . ............. . . . . . . .. . .. . .....
t1iLati jhirty consecuti've d 4y:� Cir f ign -galLbey PLa gg'LJ -L) yjty
r rgltt,- 1'-,_ ietqch(-`.'d Banner si s shall be stippo,ted p anent
-__gn by -P _gnn
jjc Lq.- be
removed Mth ken ..siIp,jtIkp ,iration of each alto time ,Npj ...... .... . _yj�. i o d
(f) Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash
receptacles or located within any public right-of-way. Signs with flashing lights or
intermittent illumination shall be prohibited, except those signs that cannot be seen
from the public right-of-way or as allowed under section 28.03.020(f)(3), section
28.03.020(f)(4), section 28.03.021(f)(4), section 28.03.021(f)(5), section
28.04.003(b)(1), section 28.04.003(b)(3), section 28.04.003(c)(1) and section
28.04.003(c)(5). Signs shall not revolve, ate --rotate- or rnove. No p&yg p__sign shall
resemble an official sign or marker erected by a governmental agency. �' ,. ,f ed
contaitiers not used in the normal conduct ofbtisiness"
to vehicl Y499--
e..,_Irailers or sto
No sign shall be placed on any property in such a manner as -to obstruct the view from
the left or right of a vehicle from other traffic on the public right-of-way when
lawfully entering the roadway. The city transportation manager shall have the right to
order the removal of such signs by the property owner or by city crews, subject to a
I 0-day right of appeal by the owner to the board of adjustment, prior to removal.
(g) Continuation and discontinuation of nonconforming, „signs. All nonconforming
permanent signs, legally existing on the effective date of this chapter, may continue to
exist; provided that signs which are fifty (50) percent or more structurally deteriorated
shall be either removed or altered so as to comply with this chapter. Signs which are
ME
structure, complies with the yard and height regulations and the off-street
parking requirements for the use of said building or structure.
(3) No nonconforming building or structure shall be moved in whole or in
part to another location on the lot on which it is located unless every portion
of said building or structure is made to conform to all of the regulations of
the district in which it is located.
(4) A lawful nonconforming building or structure that is damaged by fire,
explosion, act of God or other calamity may be repaired and reconstructed,
provided there is no increase whatsoever in the degree or extent of the
previously existing nonconformity.
(5) A conforming building shall not be changed to a use which would
result in the building becoming nonconforming.
(d) Exemptions.
(i) The limitations on nonconforming uses in this section shall not apply
to any residential use existing at the time of the adoption of this chapter.
(2) The limitations and restrictions of this section shall not apply to
conforming uses lawfully existing at the time of the adoption of this chapter
when the use has been changed in the district from a permitted use to a use
permitted with a specific use permit, or when the use which was permitted
by right prior to any district change has, after a change in districts, been
changed to a use which requires a specific use permit.
(Ordinance 81-17, see. 1, adopted 3/10/81; Ordinance 82-19, see. 1, adopted 3/9/82;
Ordinance 82-134, sees. 4, 5, adopted 12/14/82; Ordinance 85-21, sec. 1, adopted
2/26/85; Ordinance 93-28, sec. 1, adopted 8/24/93; Ordinance 98-7, see. 9, adopted
2/3/98; 1978 Code, see. 30-30)
Q 4 ,
, &" See. 28,04.006 Landscaping and screening requirements
(a) Purpose. The provisions of this section for the installation and maintenance of
-
landscaping and screening are intended to protect the character and stability of
residential, commercial, institutional and industrial areas, to conserve the value of
land and buildings of surrounding properties and neighborhoods, to enhance the
aesthetic and visual image of the community, to encourage the preservation of large
trees which once removed can be replaced only after generations, and to assist with
clean air. In no case shall these provisions restrict ADA requirements.
144
Common Name Latin Name
American Holly
Ilex opaca
Cherry Laurel
Prunus caroliniana
Chinese Fan Palm
Livistona chinensis
Chinese Fringe Tree
Chioarithus virginicus
Chinese Pistachio
Pistacia chinesis
Crape Myrtle
Lagerstroernia indica and hybrid
Flowering Pear
Pyrus Calleryana 'Bradford', 'Aristocrat'
Savannah Holly
Ilex attenu ata 'S avannah'
Golden Rain Tree
Koelreutekia bipinnata
Japanese Evergreen Oak
Quercus glauca
Loquat
Eriobotrya japonica
Mexican Plum
Prunus ... . ...... . ....
Parsley Hawthorn
Crataegus marshallii
Pindo Palm
Butia eaj.-,H-at-ckgapj tate
Purple Leaf Plum
Prunus cerasif6ra
River Birch
Betula nigra
Sweet Bay Magnolia
Magnolia virginiana
Texas Redbird
Cercis canadensis 'Texensis'
Tree Ligustrurn
Ligustrum lucidum
Tulip Magnolia
Magnolia soulangiana
Vitex
Vitex agnus-castus
Wax Ligustrum Tree
Ligustruni j apeonicurn
Yaupon Tree
Ilex vomitoria
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain three-foot height or greater.
Must be evergreen.
Common Name Latin Name
Banana Shrub, Magnolia Fuseata Michelia figo
W.
(Ordinance 81-17, see. 1, adopted 3/10/81; 1978 Code, sec. 30-32)
L-a See. 28.04.008 Special cmiditioxis
(a) General. The following sections describe the special conditions under which
certain uses are permitted in a zoning district when reference is made to one or more
of said sections in the chapter. A building permit or certificate of occupancy shall not
be issued for any permitted use with "special conditions" until all of the required
conditions have been met.
(b) Special conditions by use.
(1) Cluster housing developments. Cluster housing developments shall meet
each of the following conditions:
(A) Area. The site shall contain two (2) or more acres of land.
(B) Density. The minimum average net land area per dwelling unit
shall be governed by section 28.03.024(b), but shall not include public
and private streets in the development.
(C) Yards. A minimum twenty -five-foot yard or open space area
shall be required from all public street rights -of -way and from the
boundary of the development. A minimum yard of ten (10) feet shall
be established between. all unattached dwellings.
(D) Lot area ands. Individual lots are exempt from the minimum
lot area and yard regulations otherwise imposed in this chapter.
(E) Common open space. There shall be a minimum of one thousand
(1,000) square feet of usable common open space per dwelling unit in
the development. Common open space must be usable for recreational
activities and must be assembled in contiguous areas of not less than
ten thousand (10,000) square feet.
(F) Linal plat. A recorded final plat covering all the area of a cluster
housing development shall be required before a building permit shall
be issued.
(G) Development phases. A description of planned development
phases.
phases shall be included in the application for, and made a part of the
approval of, the -final plat for cluster housing development. Each
HE
(B) No more than two (2) garage sales per calendar year per
premises shall be allowed;
(C) Hours of operation shall be limited from sun -rise to sunset;
(D) No merchandise shall be displayed or placed on the public right-
of-way; and
(E) Only one unlit sign, no larger than ' six (6) square feet, and set off
of the public right-of-way shall be allowed.
(F) Garage sales conducted out of a dwelling unit are exempt from
the parking requirements.
(22) Bed and breakfast facility.
(A) general i se and descri tioni The establishment of bed and
breakfast facilitie's has been found to not only provide an alternative
type of lodging for visitors to Beaumont, but the income for such
facility provides incentives from [for] maintaining Beaumont's older
homes. This subsection is enacted on the basis of the public policy that
supports the city as a tourist destination of persons interested in the
architectural and historic significance of the city's older residential
structures. This subsection focuses on the need to provide an incentive
for owners of Beaumont's older homes to continue occupancy and
maintenance of historic structures.
(B) Definition. An owner -occupied private home built prior to 1950
and located within an historic district or awarded an HC-I. designation
and/or of historic significance which offers lodging for paying guests,
which serves food to only those guests and which allows for limited
social functions as regulated in this article [this subsection].
(C) Spedal regulations for bed and breakfast facilities.
(i) Structure. The bed and break -fast facility shall be operated
within the principal structure and not in any accessory structure.
The owner shall live in the main structure. The structure to be
used as a bed and breakfast facility shall have been constructed
prior to 1950 and be located in an historical district or awarded an
HC-L designation and/or of historic significance.
173
S ecffiq s�p i�miLi --I — -p _p- -��quirs�u.
a. A specific use permit granted by city council is required
for the establishment of a bed and breakfast facility, the
granting of which is provided for in the city Code of
Ordinances (section 28.02.008).
b. An application for a specific use permit shall be filed
with the director of planning, who shall prepare a report for
review by the planning commission and city council.
C. Issuance of a specific use permit by the city council,
after recommendation by the planning commission, is
conditioned on Whether the proposed bed and breakfast
facility will be compatible with and will not adversely affect
or be materially detrirnental to adjacent uses, residents and
buildings or structures.
d. The specific use permit for a bed and breakfast facility
shall expire once the applicant ceases to occupy the premises.
Any subsequent occupant must apply for and be granted a
new specific use permit prior to the continuation of use of the
premises as a bed and breakfast facility.
(iii) Size. A bed and breakfast facility shall not be less than two
thousand five hundred (2,500) square feet in floor area.
(iv) Number of guest rooms. A maximum number of five (5) guest
rooms is allowed.
(v) Managgpient.The facility shall be owner occupied.
(vi) Length of gay. 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) Side. Signs shall be permitted upon approval of a
building permit by the chief building inspector and in accordance
with the city Code of Ordinances (section 28.04.003). In those
zoning districts that prohibit signs, a nameplate, not to exceed two
(2) square feet in size of--41ae
174
-shall be permitted. The nameplate shall be
nonilluminated and shall be attached either to the structure or to
the fence surrounding the property. The nameplate shall be
compatible with the style and detailing of the house.
(viii) Parking. One (1) off-street parking space per guest room
and for the owner is required. The maximum number of permitted
spaces shall not exceed seven (7). The front yard shall not be used
for off-street parking. All off-street parking must be screened
from the street and from adjacent lots containing residential uses.
Screening from the street and, adjacent lots containing residential
uses must comply with the standards established in the city Code
of Ordinances (section 28.04.006).
(ix) Additions and alterations. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed and breakfast facility, other than those required to meet
health, safety and sanitation requirements. Minimal outward
modification of the structure or grounds may be made if such
changes are deemed compatible with the character of the area or
neighborhood. Such alterations and additions must meet all
zoning standards and building code requirements and must be
approved by the historic landmark commission (when such
property is located in a historic district, awarded an HC-L
designation and/or of historic significance).
(x) Other uses.
a. The sale and/or display of merchandise or other
commodities is prohibited.
b. Weddings, receptions, luncheons,
cocktail parties, or
any other such function for which the owner receives
payment for the use of the facility, and which is not a
function for the personal use of the owner, their friends or
relatives, may be allowed if sufficient off-street or satellite
parking is provided and documented. The number of
functions shall not exceed twenty-four (24) events per year
nor more than two (2) events per month. The planning
division is to be notified of the functions taking place.
Notification shall be filed with the planning division on a
quarterly basis, indicating the type of function, the date, and
175