HomeMy WebLinkAboutORD 21-026ORDINANCE NO. 21-026
ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE
28.01, SECTION 28.01.004; ARTICLE 28.03, SECTIONS 28.03.018,
28.03.020 AND 28.03.021; ARTICLE 28.04, SECTIONS 28.04.003,
28.04.005, 28.04.006 AND 28.04.008(22) OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES
RELATING TO SIGNAGE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Article 28.01, Section 28.01.004 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
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 building. 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 connection with the main building or principal use of the
land.
Accessory use. 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
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 motion 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.
Apartment 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.
Brewpub. 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
the sales or offers are allowed under the holder's other permits and licenses and where
food is sold on the premises of the brewpub as an accessory use.
Building. Any structure built for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind.
Building height. The vertical distance from the average contact ground level at the front
wall of the building to the highest point of the coping of a flat roof or to the deck line
of a mansard roof, or to the mean height level between eaves and ridge for gable, hip
or gambrel roofs.
Cemeterv. Land used or intended to be used for the interment of human remains and
dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries
when operated in conjunction with and within the boundary of such cemetery.
Certificate of occupancv. An official certificate issued by the city through the enforcing
official which indicates conformance with the zoning regulations and authorizes legal
use of the premises for which it is issued.
City council. The governing and legislative body of the city.
City manager. The chief administrative officer of the city, or his designee.
Cluster housing development. A residential development containing attached or detached
units on a limited portion of land with the remaining land areas consolidated into
common open space areas.
Commission. The "planning and zoning commission" of the city.
Community home. A residential home for no more than six (6) disabled persons and two
(2) staff persons and meeting all of the requirements of Vernon's Code Annotated,
Human Resources Code, Chapter 123.
Comprehensive plan. Graphic and textual form policies which govern the future
development of the city and which consists of various components governing specific
geographic areas and functions and services of the city.
Digital billboard. An off -premise billboard displaying digital static images controlled
by electronic communications.
District or classification. A section of the city within which regulations governing the
area or use of land and buildings apply under this chapter.
Dwelling. multiple -family. Any building or portion thereof, which is designed, built,
rented, leased or intended to be occupied as three (3) or more dwelling units or
apartments and which includes facilities for food preparation and sleeping.
Dwelling single-family. A detached building having accommodations for and occupied
by not more than one (1) family. Only one (1) single-family dwelling shall be
permitted as a primary use on a lot or parcel of land.
Dwelling. two-family. A detached building having accommodations for and occupied by
not more than two (2) families. In calculating minimum lot area, a two-family
dwelling shall be considered to be two (2) dwelling units.
Dwelling. A building or portion of a building which is arranged, occupied, or
intended to be occupied as living quarters for one family.
Family. Any number of individuals living together as a single housekeeping unit, in
which not more than three (3) individuals are unrelated by blood, marriage or
adoption.
Floor area Bross. The total floor space within the outside dimensions of a building
including each floor level.
Floor area net. The area actually occupied not including accessory unoccupied areas
such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical
area or other features.
Garage sale. Sale of used household or personal articles such as furniture, tools, or
clothing held on the seller's premises. Yard sales, sidewalk sales, rummage sales,
estate sales and similar activities are considered garage sales and are classified under
Used Merchandise Stores, SIC Group 4593.
Group residential care facility. Establishments primarily engaged in the provision of
residential social and personal care for persons with some limits on ability for self -
care, but where medical care is not a major element. These establishments are listed in
the U.S. Office of Management and Budget's Standard Industrial Classification (SIC)
Manual as Industry, #8361.
Heliport. Any area which is used, or intended for use, for the landing and takeoff of
helicopters, and any appurtenant area including buildings or other facilities for
activities such as refueling, parking, storage, maintenance and repair of helicopters.
Helistop. An area used, or intended for use, for the landing, boarding and takeoff of
helicopters, which does not have facilities for such activities as refueling, storage,
maintenance or repair of helicopters.
Home occupation. Any occupation or activity conducted within a dwelling unit which is
clearly incidental and subordinate to the use of the premises for dwelling purposes;
provided that:
No retail business of any sort is involved;
(2) No stock in trade is kept nor commodities sold except those made or
used on the premises;
(3) Only members of the family residing on the premises are employed;
(4) No internal or external alterations, special construction, or features are
involved;
(5) There is no on -premise billboard or any other display or storage of
materials or exterior identification of the home occupation or variation from
the residential character of the main building or any accessory buildings;
(6) No equipment is used which creates offensive noises, vibrations, sound,
smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or
television. In particular, a home occupation includes the following and similar
uses: artist's studio; dressmaking and millinery; limited professional practice
provided no clients or customers are permitted on the premises (such as
lawyer, engineer, architect, or accountant); music teaching limited to not
more than two (2) pupils at one time; the keeping of up to three (3) unrelated
children apart from their parents, guardians or custodians for regular periods
of time for compensation. This type of child care facility shall be known as a
listed family home. (See definition.)
(7) Repair of racing automobiles shall not be permitted.
Industrialized housing. A residential structure that is designed for the occupancy of
single-family or duplex use; which bears an approved decal or insignia, clearly
visible, under rules promulgated by the State of Texas signifying the dwelling as
"industrialized"; that is intended to be installed on a permanent foundation system
approved by the locally adopted building codes; that meets all other state and local
requirements for industrialized housing.
Kennel (commercial). Any premises where dogs, cats or other pets are kept for
commercial purposes, including boarding, breeding, sale of pet related goods or
animals or the rendering of services. No person shall operate a kennel without first
having obtained a valid commercial kennel license from the animal control division.
For the purpose hereof, the breeding and sale of the litter of animals kept and
maintained as household pets by the holder of a dog and cat fancier's permit shall not
be deemed and considered a commercial kennel.
Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines,
hedges, or trees. Landscaped open spaces and landscaped edges shall be landscaping.
Licensed child care center. A child care facility where the caregiver provides care for
seven (7) or more children under the age of fourteen (14) at a location other than at
the permit holder's home. A licensed child care center shall not include or apply to
bona fide schools, custody fixed by a court, children related by blood or marriage
within the third degree of the custodial person, or churches and other religious or
public institutions caring for children within an institutional building.
Licensed child care home. A home -based child care facility where the caregiver provides
care for seven (7) to twelve (12) children under the age of fourteen (14).
Listed lamily home. A home -based child care facility where the caregiver is
compensated to provide regular child care for at least four (4) hours per day, three (3)
or more days a week for no more than nine (9) consecutive weeks in their own home
for one (1) to three (3) unrelated children.
Loading space. An off-street space or berth on the same lot with a building, or
contiguous to a group of buildings, for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials.
Lot or lot of record. A lot which is part of a subdivision, the plat of which has been
recorded in the office of the county clerk of Jefferson County or a parcel of land, the
deed for which is recorded in the office of the county clerk of Jefferson County prior
to January 22, 1980.
Lot area. The total horizontal area within the lot lines of a lot.
Lot corner. A lot situated at the intersection of two (2) or more streets having an angle
of intersection of not more than one hundred thirty-five (135) degrees.
Lot depth. The mean horizontal distance between the front and rear lot lines.
Lot interior. A lot other than a comer lot.
Lot lines. The lines bounding a lot as defined herein:
(1) Lot line front. In the case of an interior lot, a line separating the lot from
the street or place; and in the case of a comer lot, a line separating the
narrowest street frontage of the lot from the street, except in those cases where
the latest tract deed restrictions specify another line as the front lot line.
(2) Lot line. rear. A lot line which is opposite and most distant from the front
lot line.
(3) Lot line, side. Any lot line not a front lot line or rear lot line.
Lot width. The horizontal distance between the side lot lines measured at right angles to
the side lot lines at a point midway between the front and rear lot lines.
Main building. The building or buildings on a lot which are occupied by the primary
use.
Mobile home. A mobile home is a single-family residential structure suitable for year-
round occupancy, transportable in one or more sections, built on a permanent chassis
and designed to be used with or without a permanent foundation when connected to
the required utilities. Mobile home includes the terms trailer coach and modular home.
Model dwelling unit. A single-family dwelling in a developing subdivision located on a
legal lot of record that is limited to temporary use as a sales office for the subdivision
and to provide an example of the dwellings which have been built or which are
proposed to be built in the same subdivision.
Nonconforming building,. A building, structure, or portion thereof which does not
conform to the height, area or yard regulations of this chapter and which lawfully
existed at the time the regulations with which it does not conform became effective.
Nonconforming lot. A lot whose width, area or other dimension does not conform to the
district regulations of this chapter and which was a lot of record or lawfully existed at
the time the regulations with which it does not conform became effective.
Nonconformine use. A nonresidential use of a building or land which does not conform
to the use district regulations of this chapter and which lawfully existed at the time the
regulations with which it does not conform became effective. A lawful conforming
use existing at the time of the adoption of this chapter shall not become
nonconforming as a result of a specific use permit requirement.
Open space. Area included in any side, rear or front yard or any unoccupied space on
the lot that is open and unobstructed to the sky except for the ordinary projections of
cornices, eaves, porches and plant material.
Planned unit development. A district with development characterized by a unified site
development plan which may provide for a mixture or combination of residential,
recreation and open space, and commercial uses.
Registered child care home. A home -based child care facility where the caregiver cares
for up to six (6) children under the age of fourteen (14); they may also take in up to
six (6) more school -age children. The number of children allowed in a home is
determined by the ages of the children. No more than twelve (12) children can be in
care at any time, including children of the caregiver.
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 billboard. A sign, often referred to as a billboard, intended to be leased, or for
which payment of any type is intended to be or is received, for the display of any
good, service, brand, slogan, commercial message, product, or company, except that
the term does not include a sign that is leased to a business entity and located on the
same property on which the business is located or a sign located on property owned or
leased for the sole purpose of displaying a sign.
Sign 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 (1) or more edges.
Sign area. The sign area shall be the area of rectangular enclosures of the entire sign
other than structural supports.
Sign electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached on -premise sign.
Sign mobile. Signs which are on or, otherwise affixed to, trucks, automobiles, trailers
or other vehicles used primarily to support or display such signs while parked.
Sign on -premise. A sign other than a billboard which is located on the same lot or
development as the good or service for which the sign is intended and is not intended
to be leased, or for which payment of any type is intended to be or is received, for the
display of any good, service, brand, slogan, message, product, or company.
Sign portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Sign temporary. A nonilluminated poster or display constructed of paper, cloth, plastic
sheet, cardboard, plywood, or other like materials that appears to be intended to be
displayed for a limited period of time.
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.
Temporary portable storage container. A purpose-built, fully enclosed, box -like container
that is designed for the temporary storage of furniture, clothing or other personal or
household belongings as part of the process of household renovation or moving or the
relocation of household belongings to an off -site commercial storage location. Such
containers shall not be used to store solid waste, business inventory, commercial
goods or any illegal or hazardous materials, nor shall such containers be used for
human or animal occupation. Such containers are uniquely designed for ease of
loading to and from a transport vehicle.
Townhouse. A row of three (3) or more attached, one -family dwellings, separated by
vertical party or lot -line walls, and each having private entrances.
Trailer park. See recreational vehicle court or park, mobile home park, mobile home
subdivision in article 24.06 of the city code.
Use. The purpose for which land or a building is arranged, designed or intended, or for
which land or a building is or may be occupied or maintained.
Winery. A retail establishment that manufactures, bottles, labels and packages wine
containing not more than twenty-four (24) percent alcohol by volume for an adult in
an amount not to exceed fifty (50) gallons annually for the personal use of the adult
and where wine is dispensed for consumption on the premises of the winery.
Yard, An open space, other than a court, on a lot, unoccupied and unobstructed from
the ground upward except for fences and walls.
Yard fronf. A yard extending across the full width of the lot, the depth of which is the
minimum horizontal distance between the front lot line and a line parallel thereto on
the lot as specified in each zoning district
Yard rear. A yard extending across the full width of the lot, the depth of which is the
minimum horizontal distance between the rear lot line and a line parallel thereto on
the lot as specified in each zoning district. On corner lots, the rear yard shall be
considered as parallel to the street upon which the lot has its least dimensions. On
both comer and interior lots, the rear yard shall in all cases be at the opposite end of
the lot from the front yard.
Yard side. A yard between a building and the side lot line, extending from the front
yard or front lot line where no front yard is required, to the rear yard. The width of the
required side yard shall be measured horizontally from the nearest point of the side lot
line toward the nearest part of the building.
Section 2.
That Chapter 28, Article 28,03, Section 28.03.018 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.03,018 Historic -Cultural Landmark Preservation Overlay District
(a) Definitions. Unless the context clearly indicates otherwise, in this section
Attention -petting 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 type of sign that is generally constructed of lightweight plastic, fabric or a
similar non -rigid material, and that is mounted/tethered to a pole(s), building or other
structure at one (1) or more edges.
Bloc ace. All of the lots on one side of a block
Certificate 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, nonroutine
maintenance, expansion, or removal of any structure on or from the property.
Column. The entire column including the base and capital, if any.
Contributing structure. A structure which physically or historically contributes to the
historic value of an historic district.
Corner side facade. The main building facade facing the side street.
Director. The director of the planning division or his/her representative,
Educational land uses. (See "Institutional land uses.")
Exterior archiaectural fearu e. 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 (Mansell Book of Color) as having a minimum
chroma value of eight (8) and a maximum of ten (10).
Front facade. The main building facade facing the street upon which the main building
is addressed.
Furniture street. Man-made, above -ground items that are usually found in street rights -
of -way, including benches, kiosks, plants, canopies, shelters and phone booths.
Institutional land uses. Those properties owned or otherwise administered by
organizations of higher education, vocational training centers and museums.
Churches, synagogues, social, civic, fraternal and professional organizations, specialty
schools, residential care facilities, day care centers, nursing homes, clinics and
hospitals and all other uses not specifically excluded are bound by the terms of this
section.
Masonry paver. A solid brick or block of masonry material used as a paving material.
Metallic color. A paint color which has pigments that incorporate fine flakes of bronze,
aluminum, or copper metal.
Move -in building. A building that has been moved onto an existing lot.
Preservation criteria. The standards considered by the director and the historic landmark
commission to determine whether a certificate of appropriateness should be granted or
denied.
Rehabilitation. The process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values.
Sin fence. Signs attached or affixed to any type of fence
Sian, mobile. Signs which are on or, otherwise affixed to, trucks, automobiles, trailers
or other vehicles used primarily to support or display such signs while parked.
Sign moving. Signs which in whole, or part, do not remain stationary at all times,
regardless of power source which effects movement.
Sign portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Trim color. A paint color other than the dominant color. Stain is not a trim color. Trim
color does not include the color of screen and storm doors and windows, gutters,
downspouts, porch floors and ceilings.
(b) Reconciliation with other ordinances. All city codes, as amended, apply to all historic
districts unless expressly modified by ordinance.
(o) 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.
(2) Exceptions. An alteration may by excused from strict enforcement under
subsection (1) hereinabove if it is:
(A) In a rear yard not exceeding six (6) feet in height;
(B) In a side yard, six (6) feet or less in height, and totally screened
by a fence, as permitted by this section, or hedge that is at least six (6)
feet in height;
(C) The installation, maintenance, or replacement of:
(i) A yard sprinkler system; or
(ii) A central air conditioning unit in the side or rear yard; or
(iii) A room air conditioning unit.
(D) Temporary in nature. An alteration is temporary in nature if it
occurs no more than two (2) time periods per calendar year for a
maximum of five (5) days per time period.
(3) Additional offenses. A person commits an offense if (s)he is responsible
for a violation of the use regulations or development standards of this section.
(4) Responsibili y. A person is responsible for a violation if (s)he:
(A) Commits or assists in the commission of an act in violation; or
(B) Owns part or all of the land or a structure on the land where a
violation exists.
(d) Use regulations for historic districts. All previous uses legally permitted by the
underlying zoning district receiving Historic -Cultural Landmark Preservation
designation shall remain so upon adoption of this section.
(e) Development standards for historic districts. The following development standards
apply to historic districts:
(1) Densi. Structures within an historic district must comply with standards
established in the city Code of Ordinances (section 28.03.024).
(2) Heigh. Structures within an historic district must comply with standards
established in the Code of Ordinances (section 28.03.024) for the underlying
zoning district or thirty-five (35) feet, whichever is less.
(3) Story limitation. For the purposes of this section, the maximum permitted
number of stories is three (3).
(4) Lot size. Lots within an historic district must comply with standards
established in the city Code of Ordinances (section 28.03.024).
(5) Special exception. Lots platted, meaning already approved by the city
planning division or planning commission, on or before the effective date of
this section, are legal building sites even though they may not conform to the
requirements of this section.
(6) Setbacks. All structures within an historic district must comply with the
standards established in the city Code of Ordinances (section 28.03.024).
(7) Off -street -parking. All structures within a historic district must comply
with the standards established in the City of Beaumont Code of Ordinances
(section 28.04.002). In addition:
(A) In general. All off-street parking, whether used to fulfill minimum
parking requirements or as excess parking, must be provided on the lot
occupied by the primary use or on a separate lot located within one
hundred (100) feet of said property. All off-street parking must be set
back along street frontages not less than the required yard setbacks or as
far back as the front of immediately adjacent buildings, whichever is
greater.
(B) Parking on vacant lots. On vacant lots, no permanent off-street
surface parking is permitted on grassed areas. Said grassed areas may
not be paved or otherwise destroyed without a certificate of
appropriateness.
(C) Parking in front or side yards. Within front or side yards, off-street
surface parking is not permitted on grassed areas. Said grassed areas may
not be paved or otherwise destroyed without a certificate of
appropriateness. Vehicles may only be parked on paved surfaces.
(D) Structured narking. Vehicular access to parking structures with a
vehicle storage capacity of three (3) or more is not permitted to or from
the street on which the main building fronts, unless the lot abuts no other
street or alley.
(E) Screening. Screening of off-street parking for multiple -family,
commercial and industrial uses must comply with standards established
in the Code of Ordinances (section 28.04.006).
(F) Surface materials. The only permitted off-street parking surface
materials are brushed or aggregate concrete, hot mix asphalt, masonry
pavers or pervious parking surface materials capable of accommodating
vehicles up to five thousand (5,000) pounds of gross vehicle weight and
that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and
clay surfaces are not permitted.
(G) Driveways. Driveway widths shall not exceed the following
dimensions:
(i) Residential:
a. Single-family: 20 feet.
b. Two-family: 20 feet.
c. Multiple -family: 24 feet.
(ii) Commercial: 24 feet.
(iii) Industrial: 35 feet.
(8) Signs. Signs must not obscure significant architectural features, windows
or doors of the building. The shape, materials, color, design, and letter style
of signs must be typical of and compatible with the style and period of the
architecture of the building and complement the district. Signs shall only be
allowed where permitted by section 28.04.003 of this code or exempt from
permitting as outlined in 28.04.003(e) of this chapter. In addition, all signs
within the district must comply with the following standards:
(A) Detached siens. Only one (1) detached sign is permitted on each lot
and subject to the following restrictions:
(i) The structural support of the sign must be located at least five
(5) feet from any public right-of-way or property line dividing
properties of different ownership. No part of any sign shall overlay
any property line.
(ii) The sign must be six (6) feet or less in height;
(iii) The sign shall not be illuminated; and
(iv) The sign shall not exceed twelve (12) square feet in area.
(B) Attached siens. No more than two (2) attached signs are permitted
on each building. Each sign must:
(i) Not be illuminated, except by one external floodlight not to
exceed one hundred fifty (150) watts in power;
(ii) Not exceed six (6) square feet in area; and
(iii) Not be located in or in front of any window or doorway.
(C) Prohibited signs. The following types of signs are prohibited in an
historic district:
(i) Billboards;
(ii) Illuminated signs;
(iii) Neon or fluorescent signs;
(iv) Signs affixed, either permanently or temporarily, to street
furniture;
(v) Portable signs defined in section 28.01.004, sign
regulations, as outlined in the city Code of Ordinances,
(vi) Mobile signs;
(vii) Moving signs; and
(viii) Fence signs.
(ix) Banners
(x) Other attention -getting devices used by commercial
establishments.
(9) Liner/trash and junk. Section 12.07.001 [article 12.071, litter control
and sections 22.05.051 through 22.05.061, solid waste collection by the city,
as outlined in the city Code of Ordinances, applies to all properties within any
historic district. In addition, an approved container as defined by same must
be located in the rear yard of the subject property with exception allowed for
pickup and disposal of said litter not to exceed a twenty -four-hour period. All
fixed or otherwise immobile trash containers must be set back from the
property line no less than twenty-five (25) feet or be completely screened
from view from any street via landscaping and fencing.
(10) Outdoor furniture. Furniture or appliances which are constructed of
materials which are intended for indoor use only or would otherwise be
susceptible to water damage, rot or destruction must not be placed on an open
porch or outdoors.
(11) Outdoor merchandising. No business shall display any merchandise
outdoors within a historic district.
(f) Rehabilitation guidelines. The following standards for rehabilitation shall be
employed by the director and the historic landmark commission to evaluate a certificate
of appropriateness.
(1) Every reasonable effort should be made to provide compatible uses for
properties mandating minimal alteration of the building, structure, or site and
its environment.
(2) The distinguishing original qualities or character of a building, structure,
or site and its environment should not be destroyed. The removal or alteration
of any historic material or distinctive architectural features should be avoided
when possible.
(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.
(4) Changes which may have taken place in time are evidence of the history
and development of a building, structure, or site and its environment. These
changes may have acquired significance in their own right, and should be
recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site should be treated with sensitivity.
(6) Deteriorated architectural features should be repaired rather than
replaced if possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color,
texture, and other visual qualities. Repair or replacement of missing
architectural features should be based on accurate duplications of features,
substantiated by historic, physical, or pictorial evidence rather than on
conjectural designs or the availability of different architectural elements from
other buildings or structures.
(7) The surface cleaning of structures should be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that will
damage the historic building materials should not be undertaken.
(8) Every reasonable effort should be made to protect and preserve
archeological resources affected by, or adjacent to any project.
(9) Contemporary design for alterations and additions to existing properties
should not be discouraged when such alterations and additions do not destroy
significant historic, architectural or cultural material, and such design is
compatible with the size, scale, color, material, and character of the property
and its environment.
(10) Wherever possible, new additions or alterations to structures should
be done in such a manner that if such additions or alterations were to be
removed in the future, the essential form and integrity of the structure would
be unimpaired.
(g) Preservation criteria for an historic designation.
(1) Building placement form and treatment.
(A) Accessory buildings. Accessory buildings are only permitted in the
rear yard and the interior side yard and must be compatible with the
scale, shape, roof form, materials, detailing, and color of the main
building. Accessory buildings must have pitched roofs. Prefabricated
metal accessory buildings are permitted if they are completely screened
from view from any abutting street.
(B) Additions. Additions to a main building are only permitted on the
side and rear facades, except that a porch may be added to the front
facade. All additions to a building must be compatible with the dominant
horizontal or vertical characteristics, scale, shape, roof form, materials,
detailing, and color of the building.
(C) Architectural detail. Materials, colors, structural and decorative
elements, and the manner in which they are used, applied, or joined
together must be typical of the style and period of the other buildings, if
any, on the blockface and compatible with the contributing structures in
the historic district.
(D) Awnings. Awnings on the front and corner side facade must be
made of fabric or wood and complement the main building in style and
color. Metal and corrugated plastic awnings are only permitted on an
accessory building or the rear facade of a main building. Other awnings
must be typical of the style and period of the main building, and
compatible with the contributing structures of a similar style in the
historic district.
(E) Building placement. All structures within an historic district must
comply with the standards established in the city Code of Ordinances
(section 28.03.024).
(F) Building widths. All structures within an historic district must
comply with the property setback standards established in the city Code
of Ordinances (section 28.03.024).
(G) Chimneys. All chimneys must be compatible with the style and
period of the main building and the contributing structures of a similar
style in an historic district. Chimneys on the front fifty (50) percent of a
main building or on a corner side facade must be:
(i) Constructed of brick or other materials that look typical of the
style and period of the main building; and
(ii) Of a style and proportion typical of the style and period of
the main building.
(H) Color.
(i) In general. When painting the exterior of structures, property
owners shall use dominant colors that comply with the officially
adopted acceptable color range as maintained in the office of the
planning director. Any dominant colors that are not within the
officially adopted acceptable color range must be reviewed and
approved by the historic landmark commission based on their
appropriateness to and compatibility with the structure, blockface
and the historic district.
(ii) Brick surfaces. Brick surfaces not previously painted may not
be painted unless the applicant establishes that the color and texture
of replacement brick cannot be matched with that of the existing
brick surface or that the painting is necessary to restore or preserve
the brick itself.
(iii) Certain colors prohibited. Fluorescent and metallic colors are
not permitted on the exterior of any structure in an historic district.
(iv) Dominant and trim colors. All structures must have a dominant
color and no more than five (5) trim colors. Trim colors must
complement the dominant color of a structure and be appropriate to
and compatible with the structure, blockface and the overall
character of the historic district. The colors of a structure must be
complementary to each other and the overall character of the
historic district.
(v) Gutters and downspouts. Where appropriate, gutters and
downspouts must be painted or colored to match the trim color or
the roof color of the structure.
(vi) Roof colors. Roof colors must complement the style and
overall color scheme of the structure.
(vii) Stain. The use and color of stain must be typical of the style
and period of the building.
(I) Columns
(i) Function. Columns are only permitted as vertical supports near
the front entrance of the main building or as vertical supports for
porches.
(ii) Materials. Columns must be constructed of brick, wood,
aluminum or other materials that look typical of the style of the
main building.
(J) Facade materials.
(i) In general. The only permitted facade materials are brick, wood
siding, vinyl siding and wood and fiber cement products that look
like wood siding. All facade treatments must be done in a manner
so as not to change the character of the building or irreversibly
damage or obscure the architectural features and trim of the
building.
(ii) Facades. Existing facades must be preserved to appear in a
manner for which they were originally intended (no existing wood
or stucco facade may be bricked). Wood shingles are not permitted
as a primary facade material unless same is historically correct.
(K) Front entrances and porches.
(i) Detailing. Railings, moldings, tilework, carvings, and other
detailing and architectural decorations on front entrances and front
porches must be typical of the style and period of the main building
and the contributing structures of a similar style in the historic
district.
(ii) Enclosures. A front entrance or front porch may not be
enclosed with any material, including iron bars, glass, or mesh
screening without a certificate of appropriateness.
(iii) Floor coverings. Carpeting is not permitted as a front porch
floor or step covering.
(iv) Style. Each front porch and entry treatment must have a shape,
roof form, materials, and colors that are typical of the style and
period of the building, and must reflect the dominant horizontal or
vertical characteristics of the main building and the contributing
structures of a similar style in the historic district.
(L) Porte cocheres. Porte cocheres must be preserved as architectural
features and not be enclosed by fences, gates, or any other materials
without a certificate of appropriateness.
(M) Roof forms.
(i) Materials and colors. Roof materials and colors must
complement the style and overall color scheme of the building or
structure. On residential structures, tar and gravel (built-up) is
permitted only as a roof material on covered porches and porte
cocheres with flat roofs. Carpet is not permitted as a roof material.
Composition shingle, cedar shingle, and metal roofing materials
may be permitted.
(ii) Overhane. The minimum permitted roof overhang for a new
or move -in main building is twelve (12) inches. A replacement roof
on an existing building must have an overhang equal to or greater
than the overhang of the roof it replaces.
(iii) Patterns. Roof patterns of a main building must be typical of
the style and period of the architecture of the building and the
contributing structures of a similar style in the historic district.
(iv) Slone and hitch. The degree and direction of roof slope and
pitch must be typical of the style and period of the main building
and compatible with existing building forms in the historic district.
In no case is a roof permitted with a pitch less than a four and one-
half (4-112) inch rise in any twelve (12) inch horizontal distance.
Flat roof designs are not permitted on main or accessory buildings
or structures, except that a covered porch or porte cocheres may
have a flat roof that is typical of the style and period of the main
building.
(N) Windows and doors.
(i) Front facade opening.
a. Glass. Clear, decorative stained, beveled, etched, and clear
leaded glass may be permitted in any window opening.
Reflective, tinted, opaque, and mirrored glass and plastic are
not permitted in any opening. Translucent glass is not
permitted, except in a bathroom window. No glass pane may
exceed sixteen (16) square feet in area unless part of the
original design.
b. Screens, storm doors, and storm windows. A screen, storm
door, or storm window on a front or side facade of a main
building may be permitted only if:
1. Its frame matches or complements the color scheme of
the main building; and
2. It does not obscure significant features of the window
or door it covers.
C. Security and ornamental bars. Security and ornamental bars
are permitted pending review by the director on any side of a
main or accessory building abutting a street.
d. Shutters. Shutters must be typical of the style and period
of the building and appear to be installed in a manner to
perform their intended function.
e. Style.
1. All windows and doors in the front or side facade of a
main building must be proportionally balanced in a manner
typical of the style and period of the building.
2. No single, fixed plate glass is allowed except as part of
an original period design. The size and proportion of window
and door openings located on the front and side facades of a
main building must be typical of the style and period of the
building.
3. All windows, doors, and electrical lights in the front and
side facades of a main building must be typical of the style
and period of the building. Windows must contain at least
two (2) window panes. Sidelights must be compatible with
the door or windows with which they are associated.
4. The frames of windows should be trimmed in a manner
typical of the style of the building.
(2) Landscaoine. All properties within an historic district must comply with
all existing landscaping requirements as illustrated in section 28.04.006 of the
city Code of Ordinances.
(3) Fences. The director may approve a fence not in compliance with this
paragraph if the applicant establishes the fence is historically sensitive or
unless the absence of said fence poses a significant hazard to life or property.
(A) Form. Fences must be constructed and maintained in a vertical
position.
(B) Hei t. Within a front yard, no solid fence or wall shall be erected
to exceed a height of four (4) feet, unless a taller fence is required to
screen off-street parking or screen incompatible land uses as required
in section 28.04.006 of the Code of Ordinances. In no circumstances
shall a solid wall or fence located in a front yard exceed a maximum
height of six (6) feet. A fence or wall that is at least eighty (80) percent
open may be erected to a maximum height of six (6) feet.
(C) Location.
(i) A fence in an interior side yard must be located no further
forward on the lot than the front of the main building.
(ii) A fence in a corner side yard must not be directly in front of
the corner side facade, except that the director may allow a fence
that is directly in front of the comer side facade if:
a. More screening is necessary to insure privacy due to
unusually high pedestrian or vehicular traffic; and
b. The fence does not screen all or any portion of a
significant architectural feature of the main building.
(iii) A fence must run either parallel or perpendicular to a building
wall or lot line.
(D) Materials. A fence in a front or corner side yard must be constructed
of wrought iron, wood or brick. Concrete block fences are not permitted.
(E) Masonry columns and bases.
(i) The color, texture, pattern and dimensions of masonry and the
color, width, type and elevation of mortar joints in a fence column
or base must match the masonry and mortar joints of the main
building as nearly as practicable.
(ii) All exposed brick in a fence column or base must be fired
brick as defined by the American Standard Testing Materials
Designation C-126-75A, Type Grade FBS-SW.
(F) Metal fences. Wrought iron and metal fences must be compatible
with the style and period of the main building. Chain -link, barbed wire
and razor wire fences are permitted only in back yards and must not be
visible from any street.
(G) Wooden fences.
(i) All wooden structural posts must be at least four (4) inches by
four (4) inches in diameter (nominal size).
(ii) The side of the wooden fence facing a public street must be
the finished side.
(iii) Wooden fences may by painted or stained a color that is
complementary to the main building.
(h) Review procedures for certificates of appropriateness in an historic district.
(1) in general. The review procedure for maintenance, replacement,
additions, deletions and new construction apply to any historic district except
as expressly modified by this section.
(2) Time limit. Certificates of appropriateness shall be valid for a period of
six (6) months from time of issuance. One or more extensions of time for
periods of not more than ninety (90) days each may be allowed by the
planning manager for the application, provided the extension is requested in
writing and justifiable cause is demonstrated. If work ceases for ninety (90)
days, the applicant must reapply.
(3) Actions not requiring review.
(A) Routine maintenance and replacement. Routine maintenance and
replacement includes processes of cleaning (including water blasting
and stripping) and replacing with like kind, duplicating, or stabilizing
deteriorated or damaged architectural features (excluding paint color).
(B) Minor alterations. A certificate of appropriateness is not required
for the following minor alterations:
(i) The maintenance of:
a. Fences;
b. Signs;
c. Pavement.
(ii) The restoration of original architectural elements to original
specifications.
(iii) Interior renovations and remodeling.
(4) Actions requiring review by the planning manager. In addition to other
applicable permitting, the planning manager shall review, within thirty (30)
days of acceptance, an application for a certificate of appropriateness for the
following minor exterior alterations. Applications requiring review by the
historic landmark commission shall be forwarded by the planning manager to
the commission within thirty (30) days of receipt of said application. The
planning manager shall determine whether the proposed work complies with
the preservation criteria and regulations contained in this section and all other
applicable ordinances. If the proposed work complies, the manager shall grant
the certificate.
(A) The application, installation or replacement of:
(i) Fences;
(ii) Existing paint of any legally nonconforming color;
(iii) Ppint that complies with the officially adopted acceptable
color range as maintained in the office of the planning manager;
(iv) Trim colors;
(v) Signs;
(vi) Pavement;
(vii) Security bars;
(viii) Windows.
(B) The demolition, construction, placement or relocation of an
accessory structure.
(5) Review by the historic landmark commission.
(A) The standards contained in this section should be used by the
historic landmark commission in making its decisions concerning a
certificate of appropriateness.
(B) The historic landmark commission shall review, within thirty (30)
days of receipt, all applications for certificates of appropriateness
forwarded to it by the manager, most notably including the demolition,
construction placement or relocation of any main structure. In reviewing
an application, the historic landmark commission shall determine
whether the proposed work complies with the preservation criteria and
regulations contained in this section and all other applicable ordinances.
If the proposed work complies, the historic landmark commission shall
grant the certificate.
(C) Except as otherwise provided in this section, if the proposed work
does not comply with the preservation criteria and regulations contained
in this or any other applicable ordinance, the historic landmark
commission shall deny the certificate.
(D) If the proposed work will not have an adverse effect on the external
architectural features, future preservation, maintenance, or use of a
structure or blockface in an historic district, or of an historic district as a
whole, the historic landmark commission shall grant the certificate. In
determining whether the proposed work constitutes the restoration of
original architectural elements, the historic landmark commission shall
consider all available materials, including but not limited to photographs
and drawings showing the original appearance of the building and its
surrounding property at the time of construction.
(E) If the proposed work is not addressed by the preservation criteria
and regulations contained in this section and all other applicable
ordinances, and will not have an adverse effect on the external
architectural features, future preservation, maintenance, or use of a
structure or blockface of an historic district, or of an historic district as
a whole, the historic landmark commission shall grant the certificate.
(6) Who may appeal. Only the applicant and/or the property owner may
appeal a decision by the manager or the historic landmark commission to
deny a certificate of appropriateness. An appeal of a decision of the planning
manager must be undertaken in the manner outlined in the city's Code of
Ordinances (section 28.02.005). An appeal from a decision of the historic
landmark commission must be taken to city council within ten (10) business
days after the decision has been rendered.
(7) Exceptions. Properties which are determined by the planning manager to
be threats or hindrances to the health, safety, morals and general welfare of
the citizens of the city shall be automatically exempted from the certificate of
appropriateness review.
(i) Nonconforming uses and structures.
(1) In genera. Except as otherwise provided in this section, section
28.04.005 of the city Code of Ordinances relating to nonconforming uses and
structures, applies to all historic districts.
(2) Rebuilding damaged or destroyed buildings or structures. If a lawful
nonconforming building or structure in an historic district is damaged by fire,
explosion, act of God or other calamity, the building or structure may be
rebuilt at the same location with the approval of the director as long as the
building does not increase whatsoever the degree of nonconformity. New
construction that replaces damaged buildings and would increase the degree
of nonconformity must comply with the design guidelines provided in this
section.
(3) Amortization of nonconforming structures and gravel and shell parking lots.
With exception provided for main and accessory structures and fences, all
structures and gravel and shell parking lots which are not erected under the
terms of this section at the time of the adoption of same must be removed or
otherwise made to conform with the terms of this section within four (4) years
of the effective date of this section. There shall be granted no exceptions or
extensions.
0) Designation as a contributing structure. For the purposes of this section, a property
owner may wish to have a structure within an historic district to be singularly
distinguished as a contributing structure. To obtain this designation, a property owner
must follow the standard procedure set forth in section 28.02.007 (HC-L, Historic -
Cultural Landmark Preservation designation).
Section 3.
That Chapter 28, Article 28.03, Section 28.03.020 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
See. 28.03.020 UC, Urban Corridor Overlay District regulations
(a) General purpose and description.
(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
Sinn attached. A sign which is attached to or painted on the outside face of a building.
An attached sign is also erected parallel to the face of the building, supported by the
building and does not extend more than eighteen (18) inches from the face of the
building wall or above the roof line of the building to which the sign is affixed.
S&gn banner. A type of sign that is generally constructed of lightweight plastic, fabric
or a similar non -rigid material, and that is mounted/tethered to a pole(s), building or
other structure at one (1) or more edges.
Sien 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.
Sien 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 on -premise sign.
Sin ence. A sign attached or affixed to any type of fence.
Sien mobile. A sign which is on or affixed to trucks, automobiles, trailers or other
vehicles used primarily to support or display such signs while parked.
Sien movine. A sign which in whole, or part, does not remain stationary at all times,
regardless of the power source which affects movement.
Sign. portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Sign. temporary. A nonilluminated poster or display constructed of paper, cloth, plastic
sheet, cardboard, plywood, or other like materials that appears to be intended to be
displayed for a limited period of time.
(c) Permitted uses. The permitted uses in the UC, Urban Corridor Overlay District,
shall be determined by the underlying zoning district classification.
(d) Boundaries. The boundaries of the Urban Corridor Overlay District shall extend a
distance of two hundred (200) feet from the street right-of-way of Martin Luther King
Parkway from I-10 East to Cardinal Drive.
(e) Area and height regulations. The area and height regulations shall be determined by
the underlying zoning district classification.
(f) Sign regulations. Signs shall not be permitted within an Urban Corridor Overlay
District except as specifically authorized in this section.
(1) Permit requirements. No sign, unless herein excepted or where permitted
by section 28.04.003 (e) of this chapter., shall be located, constructed,
erected, altered, posted, attached or painted until a building permit has been
approved by the chief building inspector in accordance with the requirements
of this chapter and the International Building Code.
(2) Prohibited signs. The following types of signs are prohibited in this Urban
Corridor Overlay District:
(A) Off -premises billboard.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Banners.
(3) Sins in residential—UC districts. Signs shall not be permitted in urban
corridor overlay residential districts except as specifically authorized in this
section as well as section 28.04.003 of this chapter.
(A) One (1) detached identification sign may be constructed at the
entrance of a single-family residential development of ten (10) acres or
more. Such signs will be subject to the following conditions and
restrictions:
(i) Building wall signs will be prohibited.
(ii) The content of the sign may not be regulated.
(ii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent light.
(vi) The sign shall be placed within a landscaped setting
containing not less than one hundred twenty (120) square feet.
(vii All parts of the sign shall be located a minimum of fifteen
(15) feet from the property line.
(viii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached on -premise sign shall be permitted for a multiple -
family development, nonresidential, or institutional building for each
abutting street subject to the following conditions and restrictions:
(i) The sign shall not exceed twenty (20) square feet in area.
(ii) The sign shall not exceed five (5) feet in height.
(iii) Except for electronic reader board signs, no sign shall be
lighted except by reflective floodlight type illumination. There
shall not be any flashing lights or any type of intermittent
illumination, except as allowed below:
a. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached on -premise
sign.
b. The sign face may change no more than once every forty-
five (45) seconds.
C. Sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached
on -premise 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 on -premise sign per multiple -family dwelling
development or institutional building shall be permitted for each street
abutting the development subject to the following conditions and
restrictions:
(i) The sign shall be attached to or painted on the outside face of
the building.
(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 on -premise sign shall be permitted for 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 apart of a detached identification
sign.
b. The sign face may change no more than once every forty-
five (45) seconds.
C. Sign face 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 on -premise 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 (150) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination.
(4) Signs in commercial and industrial—IIC districts.
(A) One (1) detached on -premise 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 Commercial District, and
OP, Office Park District for each commercial 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 on -premise
sign.
b. The sign face may change no more than once every forty-
five (45) seconds.
C. Sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached
on -premise 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.
(iv) The sign shall not be located in any required yard.
(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 on -premise 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 Commercial 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 (150) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination.
(C) One (1) detached on -premise 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 HI 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.
(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 on -premise
sign.
b. The sign face may change no more than once every forty-
five (45) seconds.
C. Sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached
on -premise 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.
(D) One (1) attached on -premise 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 HI district 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 (150) square feet,
whichever is less.
(v) The sign shall not have flashing lights or any type of
intermittent illumination.
(5) Exemptions. The following signs are exempted from the requirements of
this section:
(A) Changing of permitted sign face of an existing bulletin board,
general billboard poster or paint panel(s), display encasement, marquee,
flat sign, projecting sign, detached sign, or roof sign, provided no
increase occurs with respect to either the area or [of] any such sign or
the manner in which it is structurally supported.
(B) Signs on trucks, buses, or passenger vehicles which are used in
the normal conduct of business.
(C) Signs permitted by section 28.04.003 (e) of this chapter.
Section 4.
That Chapter 28, Article 28.03, Section 28.03.021 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
See. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations
(a) General purpose and description. The Major/Dowlen/Gladys/Hwy. 105 Sign Overlay
District, in general recognizes that this area will be the major growth area of the city
and is therefore intended. to provide for the essential identity of facilities along the
streets and prevent needless clutter in the area through uniform signage; to preserve and
improve the physical environment in the city; and promote the public safety, welfare,
convenience and enjoyment of travel and the free flow of traffic along the streets in this
area. This district supplements the regulations of the underlying zoning district
classifications. The zoning map shall reflect the designation of a
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix
to the underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Attention-eettine device. 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.
Frontare. That portion of any tract of land which abuts a public street right-of-way,
measured along the street line.
Multi -tenant business development. A development under the same ownership consisting
of two (2) or more business establishments separated by a tenant separation wall,
using common driveways and on -site parking facilities, including, but not limited to,
shopping centers, office complexes, office buildings and business parks. Retail co -
branding shall not be considered a multi -tenant business development.
Sign billboard. A sign intended to be leased, or for which payment of any type is
intended to be or is received, for the display of any good, service, brand, slogan,
message, product, or company, except that the term does not include a sign that is
leased to a business entity and located on the same property on which the business is
located or a sign located on property owned or leased for the sole purpose of
displaying a sign.
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 two (2) or more edges.
Sign detached. A sign which is wholly supported by one (1) or more columns, uprights
or braces in the ground and has no support to a building, canopy or facade.
Sign double-faced. A single sign with two (2) parallel sign faces back-to-back.
Sign electronic reader board. A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages and the
rate of change is electronically programmed and can be modified by electronic
processes which is attached to or a part of a detached on -premise sign.
Sin acin . The facing of any sign upon, against, or through which a message, logo or
design is displayed or illustrated; provided however, for signs in which the words,
letters or symbols are independently mounted, the sign facing, for the purpose of
measuring the size of the sign, shall mean the smallest regular geometric form
containing all of the individual words, letters and symbols. Size of the sign shall be
determined by the lettering. However, if there is background in addition to the
lettering, background material shall be included if the background is uniquely
associated with the letters.
Sin once. A sign attached or affixed to any type of fence.
Sign mobile. Signs which are on or, otherwise affixed to, trucks, automobiles, trailers
or other vehicles used primarily to support or display such signs while parked.
Sign monument. A sign that is an independent structure supported from grade to the
bottom of the sign with the appearance of having a solid base.
Sign moving. A sign which in whole, or part, does not remain stationary at all times,
regardless of the power source which affects movement.
Sign on Tremise. A sign other than an billboard which is located on the same lot or
development as the good or service for which the sign is intended and is not intended
to be leased, or for which payment of any type is intended to be or is received, for the
display of any good, service, brand, slogan, message, product, or company.
Sign pennant. A sign consisting of a series of flags constructed of cloth or other limp
material.
Sign portable. A sign not permanently affixed to the ground or to a building, which is
designed to permit removal and reuse.
Sign, temporary. A nonilluminated poster or display constructed of paper, cloth, plastic
sheet, cardboard, plywood, or other like materials that appears to be intended to be
displayed for a limited period of time.
Single -tenant business establishment. A project or undertaking which involves the use of
any property, building or structure, permanent or temporary, for the primary purpose
of conducting on said property a legitimate commercial enterprise, or other
nonresidential use, in compliance with all ordinances and regulations of the city.
Multiple services and/or goods offered by a business establishment shall be
considered a single -tenant business establishment for the purposes of this section. This
definition shall include, but not be limited to, retail co -branding such as convenience
stores with gas pumps and restaurants, grocery stores with banks and discount stores
with other incidental uses.
Tenant separation. A partition or floor/ceiling assembly or both constructed between
tenants as per the adopted building code.
(c) Permitted uses. The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105
Sign Overlay District, shall be determined by the underlying zoning district
classification.
(d) Boundaries.
For place of beginning, begin at a point in the north right-of-way line of Tolivar Road,
a 60-foot-wide street right-of-way, said point also being in the southwest corner of Lot
7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an
unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont,
Jefferson County, Texas;
Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a
distance of 322.4 feet, more or less, to a point in the south right-of-way line of State
Highway 105; thence continuing north a distance of 50 feet to the centerline of said
State Highway 105 to a point for corner; thence west along the centerline of State
Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a
distance of 50 feet to a point in the north right-of-way line of State Highway 105;
Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner
in the west right-of-way line of Major Drive (FM 364); thence continuing east 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);
Thence east along the south line of Block 1, Griffing Villa, Unit 1, recorded in the
Jefferson County Map Records in Vol. 12, Page 80, and also being in the north line of
Lot 2, Rand Addition, recorded in the Jefferson County Map Records in Vol. 15, Page
39, a distance of 660 feet to a point for corner in the northeast corner of Lot 2, Rand
Addition; thence south a distance of 526.07 feet to a point for corner;
Thence east along a line which is 200 feet north of and parallel to the north right-of-
way line of State Highway 105 to a point in the west line of a 60-foot-wide Drainage
District 46 drainage easement; thence in a southeasterly course along the west line of
the DD#6 drainage easement to a point which is 100 feet north of the north right-of-
way line of State Highway 105; thence east a distance of approximately one mile to a
point in the west line of Tract A out of Lot 1, out of Lot 2, Block 2, W.E. Johson
Addition, said point lying 100 north of State Highway 105;
Thence south to a point in the centerline of Highway 105; thence east approximately
250 feet to a point in the centerline of Highway 105 and approximately 100 feet east
of the east right-of-way line of Old Dowlen Road; thence south along a line 100 feet
east of the east right-of-way line of Old Dowlen Road to a point in the north property
line of the Wal-Mart Stores Subdivision; thence east along the north line of said
subdivision a distance of 954.83 feet to the northeast corner of said subdivision;
thence south along the east side of said subdivision a distance of 896.70 feet to a point
in the north right-of-way line of the 100-foot wide Dowlen Road; thence south a
distance of 200 feet to a point 100 feet south of Dowlen Road;
Thence in a northeast and easterly direction along a line 100 feet south of Dowlen
Road to a point in the west line of the Ed Snowden Properties Subdivision (Vol. 13,
Pg. 120, Jefferson County Map Records); thence south along the west line of the Ed
Snowden Subdivision and then continuing south along the west line of Tract 3 of the
South Parkdale Addition (Vol. 14, Page 234, TC.M.R.), and continuing south along
the west line of a 60-foot-wide Drainage District No. 6 drainage easement to a point in
the north line of a 70-foot-wide DD#6 drainage easement (Hillebrandt Bayou); thence
south a distance of 35 feet to the centerline of the Hillebrandt Bayou; thence in a
southerly direction along the centerline of Hillebrandt Bayou and following the
meanderings of the bayou and crossing Folsom Drive and Delaware Street a total
distance of approximately 6,500 feet to a point for corner in the centerline of
Hillebrandt Bayou;
Thence west to the northeast corner of Lot 7, Block 1, Park West Addition; thence
continuing west a distance of 261.69 feet to a point, and continuing west across the
north lines of Lots 1-4, Block 1, Park West Addition (J.C.M.R Vol. 15, p. 208) an
additional distance of 370.32 feet to a point in the northwest corner of Lot 1, Block 1,
Park West to a point for comer in the centerline of Dowlen Road, a 100-foot-wide
right-of-way;
Thence south for 700 feet along the centerline of Dowlen Road to a point at the north
intersection of Dowlen Road and Wellington Place, a 60-foot-wide street right-of-
way, said point lying in the east line of Dowlen Road; thence east a distance of 30 feet
to a point in the centerline of Wellington Place; thence south along the centerline of
Wellington Place a distance of 1,800 feet, more or less, to a point for corner; thence
due west and continuing along the centerline of Wellington Place a distance of 900
feet, more or less, to a point for comer, said point lying 100 feet east of the east right-
of-way line of Dowlen Road;
Thence south along a line 100 feet east of and parallel to Dowlen Road a distance of
1,600 feet, more or less, to a point for corner 100 feet south of the south right-of-way
line of Gladys Avenue;
Thence west crossing Dowlen Road and continuing west along a line 100 feet south of
the south right-of-way line of Gladys Avenue to a point for comer 100 feet west of the
west right-of-way line of North Major Drive (FM 364) and 100 feet south of the south
right-of-way line of Gladys Avenue;
Thence north along a line 100 feet west of the west right-of-way line of North Major
Drive (FM 364) to a point in the south right-of-way line of Dishman Road, said point
being the corporate limits of the City of Beaumont; thence east to a point in the
centerline of North Major Drive (FM 364) being the corporate city limits; thence
north approximately 3647 feet along the centerline of North Major Drive (FM 364) to
a point; thence west approximately 50 feet to the west right -of way line of Major
Drive (FM 364) and the southeast corner of Tract 2, Abstract 33, A Houston Survey
(33.5870 acres);
Thence west along the south property line of Tract 2, Abstract 33, A Houston Survey
(33.5870 acres) approxinnately I004 feet to the southwest comer of Tract 2, Abstract
33, A Houston Survey (33.5870 acres); thence north approximately 3286 feet to a
point in the north line of the A. Houston Survey and the south line of the D. Easley
Survey said point lying 941 feet west of the west right -of -line of North Major Drive
(FM 364); thence east to a point being in the south line of the D. Easley Survey and in
the north line of the A. Huston Survey, said point lying 100 feet west of the west
right-of-way line of North Major Drive (FM 364);
Thence continuing north along a line 100 feet east of and parallel to North Major
Drive to a point in the north right-of-way line of the L.N.V.A. Canal (Lower Neches
Valley Authority Canal); thence in a southwest direction along the northerly line of
the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner;
Thence north 1,400 feet, more or less, to a point at the southeast corner of Western
Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42;
thence continuing north along the east line of Western Hills, Unit 2 a distance of 810
feet to a point for 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.
(e) Area and height regulations. Minimum lot area, width, depth, yard and building
height shall be determined by the underlying zoning district classification.
(f) Sign regulations. Signs shall not be permitted within the
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically
authorized in this section or where permitted by section 28.04.003 (e) of this code.
(1) 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 building official in accordance with the
requirements of this chapter and the International Building Code.
(2) Prohibited signs. In addition to the prohibited signs listed in section
28.04.003(f), the following types of signs are prohibited in this overlay
district:
(A) Billboards.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and
signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Pennants, decorations or other attention -getting devices.
(3) Sight distance. No sign shall be located within a 30-foot by 30-foot
triangular shaped portion of land established at street intersections and
driveway/street intersections in such a manner as to limit or obstruct the sight
line of motorists entering or leaving the intersection. A two (2) square foot in
area directional sign may be located within the required sight triangle.
(4) Signs in residential -MD districts. Signs shall not be permitted in
Major/Dowlen/ Gladys/Hwy. 105 sign overlay residential districts except as
specifically authorized in this section.
(A) One (1) detached sign may be constructed at each entrance to
identify a single-family residential development. Such signs will be
subject to the following conditions and restrictions:
(i) Building wall signs will be prohibited.
(ii) The content of the sign may not be regulated.
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective
floodlight type illumination. There shall not be any flashing or
intermittent lights.
(vi) All parts of the sign may be located at the property line.
(vii) The sign shall meet the wind load requirements of the
building code.
(B) One (1) detached sign shall be permitted for a multiple -family
development, nonresidential or institutional building for each abutting
street, subject to the following conditions and restrictions:
(i) The sign shall not exceed fifty (50) square feet in area.
(ii) The sign shall not exceed six (6) feet in height.
(iii) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as
allowed below:
a. Electronic signs shall not be permitted, except as an
attachment to or a part of a detached on -premise sign.
b. The sign face may change no more than once every forty-
five (45) seconds.
C. The sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic signs that are part of a detached on -premise
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 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 sign per multiple -family dwelling development
or institutional building shall be permitted for each street abutting the
development subject to the following conditions and restrictions:
(i) The sign shall be attached to or painted on the outside of the
building.
(ii) The attached sign shall be erected parallel to the face of the
building, supported by the building and shall not extend more than
eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the
building to which it is attached.
(iv) The sign shall not be lighted except by reflective floodlight
type illumination. There shall not be any flashing or intermittent
lights.
(v) No sign shall exceed ten (10) percent of the area of the wall
to which it is attached, or one hundred fifty (150) square feet,
whichever is less.
(5) Signs in commercial and industrial -MD districts. Detached signs shall not be
permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
(A) Single -tenant business establishment.
(i) Developments with less than eighty thousand (80,000) square
feet in gross building area shall be permitted one (1) detached
monument sign per street frontage that abuts the property.
Developments with eighty thousand (80,000) square feet of gross
building area or greater or developments with six hundred (600)
feet or more of street frontage shall be permitted two (2) detached
signs per street frontage that abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured from twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed seventy (70) square feet in area
with the sign facing not to exceed sixty (60) square feet.
c. All parts of the sign may be located at the street right-of-
way and shall be located a minimum of ten (10) feet from any
other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic signs shall not be permitted, except as an
attachment to or a part of a detached on -premise sign.
2. The sign face may change no more than once every
forty-five (45) seconds.
3. The sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
4. Electronic signs that are part of a detached on -premise
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 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 signs per street
frontage that abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than twenty (20) feet in
height, the maximum height being measured from twenty-four
(24) inches above the curb adjacent to the property.
b. The sign shall not exceed two hundred forty (240) square
feet in area with the sign facing not to exceed two hundred
(200) square feet.
c. All 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 signs shall not be permitted, except as an
attachment to or a part of a detached sign.
2. No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The Sign face may change no more than once every
forty-five (45) seconds.
4. Sign face copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
5. Electronic signs that are part of a detached on -premise
sign shall be allowed to have multiple colors.
6. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
(C) Gasoline retailers on-premise/pricing board signs. 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, Ilwy. 105 and Maior Drive.
a. The sign shall not be greater than fifteen (15) feet in
height, the maximum height being measured from twenty-four
(24) inches above the curb height adjacent to the property.
b. The sign shall not exceed one hundred (100) square feet
in area with the sign facing not to exceed eighty-five (85)
square feet.
c. All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten (10) feet from any
other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached on -premise
sign.
2. No more than sixty (60) square feet shall be dedicated
to electric changeable copy.
3. The Sign face may change no more than once every
forty-five (45) seconds.
4. Sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
5. Electronic reader board signs that are part of a detached
on -premise 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.
(ii) All other streets in the MD Sign Overlay District.
a. The sign shall not be greater than six (6) feet in height,
the maximum height being measured 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 often (10) feet from any
other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic signs shall not be permitted, except as an
attachment to or a part of a detached on -premise sign.
2. The sign face may change no more than once every
forty-five (45) seconds.
3. The sign face shall not include any flashing, flowing,
alternating or blinking lights or animation.
4. Electronic reader board signs that are part of a detached
on -premise 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.
(g) exemptions. The following signs are exempted from the requirements of this
section:
(1) Changing of permitted sign face of an existing bulletin board, general
billboard poster or paint panel(s), display encasement, marquee, flat sign, [or]
detached sign provided no increase occurs with respect to either the area or
[of] such sign or the manner in which it is structurally supported.
(2) Signs mounted or on or applied to trucks, buses or passenger vehicles
which are used in the normal conduct of business.
(3) Signs permitted by section 28.04.003 (e) of this chapter.
(4) Banner signs, on properties with institutional, commercial or industrial
uses, when attached to a building. Detached banner signs, on properties with
institutional, commercial or industrial uses, not exceeding twenty-one (21)
square feet in area and five (5) feet in height, shall be allowed for each
individual establishment or entity. Detached banner signs shall not be placed
on any one (1) property more than five (5) times per calendar year and shall
not be displayed for longer than thirty (30) consecutive days at any one (1)
time with one (1) 30-day extension allowed for a total of sixty (60) days.
Under no circumstances shall banner signs on any one property be allowed
for more than one hundred fifty (150) days per calendaryear. 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.
(5) Attached billboard located on nonprofit recreational facilities
(h) Continuation of nonconforming signs.
(1) All lawful nonconforming signs, other than billboard (billboards) shall
be allowed to exist in the MD Sign Overlay District except as provided for
herein. Provided however, when a nonconforming sign falls into disrepair, or
is damaged by fire, explosion, act of God or other calamity to the extent that
the cost of reconstruction or repair exceeds fifty (50) percent of the
replacement cost of the sign, such nonconforming signs shall no longer be
permitted.
(2) All nonconforming billboards existing in the MD Sign Overlay District
on the effective date of this provision may be required to be relocated,
reconstructed, or removed by the city council. Any sign required to be
relocated, reconstructed, or removed shall be accomplished in accordance
with the procedures as provided for in chapter 216 of the Texas Local
Government Code.
Section 5.
That Chapter 28, Article 28.04, Section 28.04.003 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows
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 current edition of the International Building Code, as adopted.
(b) Sign in residential districts. Signs shall not be permitted in residential districts except
as specifically authorized in this section.
(1) One detached on -premise sign shall be permitted for a multiple -family
dwelling development, nonresidential or institutional building for each
abutting street, subject to the following restrictions:
(A) The sign shall not exceed fifty (50) square feet in area;
(B) The sign shall not exceed fifteen (15) feet in height;
(C) The sign shall not have flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted, except as
an attachment to or a part of a detached on -premise sign.
(ii) The sign face may change no more than once every forty-five
(45) seconds.
(iii) Sign face 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 on -
premise 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.
(2) One attached on -premise 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 on -premise 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 sign face may change no more than once every forty-
five (45) seconds.
(iii) Sign face 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 on -
premise 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 on -premise 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 on -premise signs shall be permitted for a commercial
use with a specific use permit in the RCR-H, Residential Conservation and
Revitalization District, subject to section 28.03.018(e)(8)(B) of this chapter.
(6) One (1) detached identification sign may be constructed at the entrance
of a single-family residential development of ten (10) acres or more. Such
signs will be subject to the following conditions and restrictions:
(i) Building wall signs will be prohibited.
(ii) The content of the sign may not be regulated.
(iii) The sign shall not exceed twenty (20) square feet in area.
(iv) The sign shall not exceed a height of five (5) feet above the
ground.
(v) The sign shall not be illuminated except by reflective floodlight
type illumination. There shall not be any flashing or intermittent light.
(vi) The sign shall be placed within a landscaped setting containing
not less than one hundred twenty (120) square feet.
(vii) All parts of the sign shall be located a minimum of fifteen (15)
feet from the property line.
(viii) The sign shall meet the wind load requirements of the building
code.
(c) On -premise 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 on -premise 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 on -premise sign.
(ii) The sign face may change no more than once every forty-
five (45) seconds.
(iii) Sign face 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 on -
premise 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 on -premise wall sign, plus one (1) additional attached
sign for each thoroughfare more than one (1) that abuts the property shall be
permitted in the NC, Neighborhood Commercial District, and OP, Office
Park District, subject to the following restrictions:
(A) The sign shall be attached flat against the wall of the building;
(B) The sign shall not exceed the height of the wall of the building to
which it is attached;
(C) The allowable sign area may be equal to one (1) square foot for
each one (1) lineal foot of store frontage with the sign area not to exceed
seventy (70) square feet.
(3) On -premise signs shall be permitted for establishments located in NSC,
GC -MD, GC-MD-2, C-M, L-I, H-I Districts; provided that such signs shall
not be greater than fifty (50) feet in height. The maximum height is measured
from the point established by a perpendicular line connecting the crown of
the roadway immediately abutting the property on which the sign is to be
installed with the sign's nearest vertical support to the property line, and
provided further that the structural supports for such signs shall be set back
not less than ten (10) feet from any property line or 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 on -premise signs in the CBD,
Central Business District, or the PD, Port Development District. On -premise
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.
(4) Electronic reader board signs shall be permitted in the GC -MD, GC-
MD-2, CBD, C-M, LI, HI and PD Districts subject to the following
conditions:
(A) The electronic reader board is to be attached to or a part of a
detached on -premise sign.
(B) The sign face may change no more than once every forty-five
(45) seconds.
(C) Sign face shall not include any flashing, flowing, alternating or
blinking lights or animation.
(D) As measured at the property line, the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(E) No more than sixty (60) square feet or fifty (50) percent of the
maximum sign area, whichever is less, shall be dedicated to electrical
changeable copy.
(F) Electronic reader board signs that are part of a detached on -premise
sign shall be allowed to have multiple colors.
(5) ins 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/med. 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 on -premise 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.(6) Prohibition. Portable signs which are illuminated
by any flashing, intermittent or moving lights shall be prohibited in all districts.
(d) Billboards. Billboards shall not be permitted except as noted:
(1) Permits. The city shall not issue permits for the construction of new
billboards except under the following conditions:
(A) All outdoor billboard 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 billboard 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 billboard at one location with
an billboard at another location.
(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 billboard company.
(ii) Regardless of the size of the billboard to be replaced, the
replaced billboard 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
*Billboards fronting on an interstate highway or a
federal -aid primary highway may not exceed forty (40)
feet in height.
(iii) SpacinK. Sign spacing shall be as follows:
a. The spacing of all billboards within 660 feet of an
interstate highway (I11-10), a federal -aid primary highway
(Hwys. 69, 96, 287), or a non -freeway federal -aid primary
highway (Hwy. 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 (Hwys. 69, 96 and 287) the required spacing is one
thousand five hundred (1,500) feet between billboards on the
same side of the freeway. On non -freeway federal -aid primary
highways (Hwy. 90) the required spacing is 300 feet between
billboards 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 billboard shall be located nearer than
the spacing listed under this section to any other billboard,
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) Billboards shall 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 from interior side
yard property lines.
(v) Shall be allowed a period not to exceed one (1) year from the
time the original billboard is removed to the time that the
replacement billboard must be installed.
(vi) Replacement billboards shall only be permitted in those areas
of the city that are zoned GC -MD, CM, LI and H1.
(vii) No new billboards shall be constructed in the city's
extraterritorial jurisdiction (ETJ) with the exception of state and
federally controlled highways.
(viii) The total number of billboards 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) Billboards 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 IH-10 west to the ETJ boundary;
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 billboard 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 billboards shall resemble an official marker
erected by a governmental agency, nor shall a billboard obstruct from clear
view any traffic signal or sign.
(3) Illumination. Except for digital billboards as provided herein, billboards
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 sign face shall be static or fixed and lasting no
less than ten (10) seconds. Each screen message is to contain a
single advertisement;
(ii) The image or sign face shall change to another image or
message in a period of two seconds or less;
(iii) The image or sign face shall not be animated, flashing,
scrolling or contain video imagery;
(iv) The image or sign 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 sign face if a malfunction occurs.
(4) Motion. Billboards shall not revolve or rotate or otherwise move in any
manner.
(5) Roof -mounted sign. Roof -mounted billboards are prohibited.
(6) Structure. Billboards 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) Billboards shall be maintained in good appearance and safe
structural condition. The general area in the vicinity of any billboards
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 tom or ragged posters shall
be repaired or covered promptly.
(B) When a nonconforming billboard falls into disrepair or is damaged
by fire, explosion, act of God or other calamity to the extent that the cost
of reconstruction or repair exceeds fifty (50) percent of the replacement
cost of the sign such nonconforming sign shall no longer be permitted.
A nonconforming sign may be changed or altered or upgraded only to
the extent that when the change, alteration or upgrade is complete, it is
made to conform, in all aspects, to the sign regulations of the city.
(e) Exemptions. The following signs are exempted from the permit requirements of
this chapter:
(1) Changing of permitted sign face of an existing bulletin board, general
billboard poster or paint panel(s), display encasement, marquee, flat sign,
projecting sign, detached sign, or roof sign, provided no increase occurs with
respect to either the area of any such sign or the manner in which it is
structurally supported.
(2) Signs on mounted on or applied to trucks, buses, or passenger vehicles
which are used in the normal conduct of business.
(3) In order to allow a street address signs, an attached or detached sign
not more than three (3) square feet in size and less than five (5) feet in height
shall be permitted. The content of the sign may not be regulated.
(4) Window signs hung on the inside of the window or painted on the
window glass.
(5) Warning, security, and traffic directional signs, less than eight (8) square
feet in area and four (4) feet in height.
(6) Signs in the PD, Port Development District, and the CBD, Central
Business District.
(7) Supplementary Signs. The following additional temporary signs are
exempt from permitting. The content of the sign shall not be regulated
provided they are not located within the rights -of -way.
(A) Properties with Single -Family or Two -Family Residential Uses:
Unlimited number of temporary signs that are not more than sixteen (16)
square feet in area and six (6) feet in height.
(B) Properties with Institutional, Multi -Family, Commercial and
Industrial Uses: Unlimited number of temporary signs: Unlimited number
of temporary signs that are not more than forty (40) square feet in area and
eight (8) feet in height.
(8) Properties for Sale or Lease. The following temporary signs are exempt
from permitting during the time in which a property is for sale or lease,
provided they are removed within seven (7) days following the sale or lease
of the property. Signs may not be located within the rights -of -way and
content shall not be regulated.
(A) Additional Temporary Signs on Properties with Single -Family or
Two -Family Residential Uses: one additional nonilluminated temporary
sign per street frontage, not more than eight (8) square feet in area and six
(6) feet in height,
(B) Additional Temporary Signs on Properties with Institutional,
Multi -Family, Commercial and Industrial Uses: Unlimited number of
temporary signs, not more than fifty (50) square feet in area, not more than
fifteen (15) in height.
(9) Properties Under Construction. Properties that are actively under
construction and for thirty (30) days after the issuance of a Certificate of
Occupancy shall have no restrictions as to number and size of temporary
signs, provided signs are not located within the rights -of -way. The content
shall not be regulated.
(10) Garage Sales. One additional nonilluminated temporary sign, not
exceeding six (6) square feet in area and five (5) feet in height and not located
within the right-of-way is permissible in all districts for ten (10) consecutive
days in a calendar year prior to a garage sale, as allowed under section
28.04.008 (b)(21).
(11) In the fifteen (15) days prior to and fifteen (15) days following the
"Grand Opening" of a new business or institution, an additional temporary
sign not exceeding twenty (20) square feet in area and five (5) feet in height
is allowed.
(12) Temporary Yard Lettering. One additional temporary sign not greater
than sixty (60) square feet in area and five (5) feet in height.
(13) Banner signs. Other than those Banner sign restrictions specified in the
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, Attached Banner
signs are exempt from permitting when located on properties with
institutional, commercial or industrial uses, attached to a building for not
more than thirty (30) days. Detached banner signs on properties with
institutional, commercial or industrial uses, not exceeding twenty-one (21)
square feet in area and five (5) feet in height, shall be allowed for no more
than thirty (30) consecutive days. No banner sign shall be placed on city
right-of-way. Detached 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.
(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, rotate or move. No private sign shall resemble
an official sign or marker erected by a governmental agency. Signs affixed to vehicles,
trailers or storage containers not used in the normal conduct of business. No sign shall
be placed on any property in such a manner as to obstruct the view from the left or right
of a vehicle from other traffic on the public right-of-way when lawfully entering the
roadway. The city transportation manager shall have the right to order the removal of
such signs by the property owner or by city crews, subject to a 10-day right of appeal
by the owner to the board of adjustment, prior to removal.
(g) Continuation and discontinuation of nonconforming signs. All nonconforming
permanent signs, legally existing on the effective date of this chapter, may continue to
exist; provided that signs which are fifty (50) percent or more structurally deteriorated
shall be either removed or altered so as to comply with this chapter. Signs which are
nonconforming because they have flashing lights or intermittent illumination shall be
given thirty (30) days from the date of the adoption of this chapter to be brought into
compliance with this chapter.
(b) Bonding requirements. Signs shall not be located, constructed, erected, altered,
attached, posted or painted, except by a bonded contractor whose primary business is
sign work. All electrical sign work shall be performed by a licensed master sign
electrician or a master electrician.
(i) Maintenance. All signs shall be maintained in good appearance and safe structural
condition.
Section 6.
That Chapter 28, Article 28.04, Section 28.04.005 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.005 Nonconforming buildings, structures and uses of land
(a) Continuing existing nonconforming buildings, structures, and uses of land. Except as
hereinafter specified, any use, building or structure lawfully existing on the effective
date of this chapter may be continued.
(b) Limitations on nonconforming uses. Lawful nonconforming uses shall be subject to
the following limitations:
(1) The use of land which is a lawful nonconforming use may be continued
until such time as a structure is erected thereon, and thereafter the use of land
and buildings shall conform with all the provisions of this chapter.
(2) Any building, structure or land which is occupied or used as a lawful
nonconforming use which shall become vacant or unused for a continuous
period of one year shall not thereafter be occupied or used except for a use
which conforms to the use regulations of the district in which it is located.
Provided, however, that nonconforming field crops may be reestablished
when the land has been unused for a period of time not exceeding three (3)
years. For the purposes of this paragraph "vacant' or "unused" shall mean the
nonconforming use has been intentionally abandoned. The temporary
suspension of a use shall not constitute abandonment, provided the property
is not used during the period of suspension for any other purpose.
(3) A nonconforming use may be changed only to a use permitted in a more
restricted zoning district or to a conforming use.
(4) Whenever a lawful nonconforming use has been changed to a
conforming use, such use shall not thereafter be changed back to a
nonconforming use.
(5) Expansion, enlargement or intensification of a lawful nonconforming
use shall not be permitted unless such expansion, enlargement or
intensification, when considered independently of the lawful nonconforming
use, is made to conform to the regulations of the district in which it is located.
(6) A building or structure occupied or used by a lawful nonconforming
use shall not be enlarged, extended or structurally altered unless the use
occupying or using such enlargement, extension or alteration, when
considered independently of the lawful nonconforming use, is made to
conform to the regulations of the district in which it is located.
(7) Repairs and maintenance work on a building or structure that is occupied
or used by a lawful nonconforming use may be made, provided that no
structural alterations shall be made except as required by law.
(8) When a building or structure occupied or used by a nonconforming
commercial use that became nonconforming since April 1, 1981, or when a
nonconforming industrial use is damaged by fire, explosion, act of God, or
other calamity to the extent that the cost of reconstruction or repair exceeds
sixty (60) percent of the replacement cost of the structure, such
nonconforming use shall no longer be permitted.
(c) Limitations on nonconforming buildings. The following limitations, restrictions and
requirements shall apply to lawful nonconforming buildings and structures:
(1) A lawful nonconforming building or structure occupied or used by a
nonconforming use shall not be added to or enlarged in any manner unless
said building or structure, including additions and enlargements, is made to
conform to all of the regulations of the district in which it is located.
(2) A lawful nonconforming building or structure occupied or used by a
permitted use, may be enlarged or added to, provided that the enlargement or
addition, when considered independently of the original building or 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.
(1) 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.
Section 7.
That Chapter 28, Article 28.04, Section 28.04.006 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows
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.
(b) Landscape plan required. All building permit applications for new building
construction shall be accompanied by two (2) blueline or blackline prints of the
landscape plan to be approved by development services before issuance of the building
permit. The landscape plan shall contain sufficient detail to show the following:
(1) The date, scale, north arrow and names and address and phone numbers
of each property owner and person preparing the plans.
(2) The footprint of all existing and proposed structures.
(3) Remaining and/or proposed site elements such as power poles, fences,
walls, drainage swales, easements, sidewalks, parking lot layout, pedestrian
walkways, and other such elements.
(4) A schedule identifying name, size, number, and location of all landscape
elements.
(5) Name, location and size of existing trees, and type and location of other
vegetation proposed to remain for credit purposes.
(6) The size and location of the parking lot and the number of spaces, and
how the owner proposes to address the interior landscaping requirement.
(7) Such other information as may be reasonably necessary to administer
and enforce the provisions of this ordinance.
(8) Drawn at a scale of one (1) inch equals fifty (50) feet or greater.
(c) Irsigation required.
(1) All buildings greater than three thousand (3,000) square feet shall
require an automatic irrigation system sufficient to provide complete
coverage of required screening landscaped areas.
(2) An irrigation system shall be installed and operational prior to issuance
of a certificate of occupancy or final building inspection.
(3) State law requires installation by licensed irrigators.
(4) Irrigation systems shall be maintained in good and operating condition.
(5) For buildings three thousand (3,000) square feet or less, hose bibs may
be used for irrigation purposes.
(d) Certificate of occunancv. No certificate of occupancy for new construction shall be
issued or final approval of parking lot expansion made unless complying with terms
and conditions required herein.
(e) Definitions.
Berm. Landscaped earthen hill of three (3) feet height or greater.
Berm
Caliper. The measure of the diameter of a tree at eighteen (18) inches above grade.
(1) Class A trees must be two (2) inches caliper or greater.
(2) Class B trees if multi-trunked, must have a minimum of three (3) trunks
of one (1) inch caliper each.
Class A tree. A tree with a mature height of thirty (30) feet or more. See recommended
list.
Class B tree. A tree with a mature height of less than thirty (30) feet. See recommended
list.
Critical root zone. A circular region measured outward from the tree trunk to the drip
line representing the area of roots that must be maintained or protected for the tree's
survival.
Drip line. A vertical line extending from the outermost edge of the tree canopy or
shrub branch to the ground.
Imp Nut-P
Easement. The legal grant of right -of -use to an area of designated private property,
utilized by public corporations (states, municipalities) and also made to companies
providing public services such as gas, electricity, and telephone.
Island. A curbed landscaped area in a parking lot that is surrounded on all sides by
parking spaces.
1 f_]L.&OJO
Landscaped. Shall consist of any combination of turf/grass/ground cover, shrubs, and
trees. It must be installed in a sound manner and in accordance with accepted
standards of the nursery industry.
Median. A curbed landscaped area in a parking lot that separates parking aisles.
Mt >IAA i
Open space buffer Planting str The area between single-family residential and any
other zoned property. This strip is to include required trees.
Peninsula. A curbed landscaped area that protrudes into parking aisles and adjoins
other non -parking open space.
'PA I N15u u►
Planting strip. The area between the curb and sidewalk, two (2) curbs, a curb and fence,
or a sidewalk and fence.
Public right-of-way. The entire strip of land lying between the property line and a street
or thoroughfare, alley, crosswalk, or easement.
Shrub. A woody plant of low or medium height, usually multi -stemmed. See
recommended list for three -foot -high hedge.
Vehicular use area. The total area of all the parking spaces and drives serving the
parking area.
(f) Perimeter landscaping and screening.
(1) When a commercial or industrial use is established on a lot or premises
located adjacent to any residential zoning district, or when any multiple -
family dwelling use is established on a lot or premises adjacent to any
property located in a single-family residential zoning district, a ten -foot width
of landscaping open space buffer strip shall be installed and maintained by
the owner, developer or operator of the commercial or industrial property
between it and the adjacent residentially zoned property.
(2) In an open space buffer planting strip required under the terms of this
section, a minimum of one (1) class A tree or two (2) class B trees shall be
planted and maintained for each twenty-five (25) lineal feet or portion thereof
of said open spacebuffer strip. The required trees may be planted anywhere
within the buffer strip with a minimum of ten (10) feet apart for class A trees
and a minimum of five (5) feet apart for class B trees. Refer to definitions on
tree size.
Open Space Buffer Planting Strip
(3) In addition, an eight -foot high opaque fence or wall shall be erected and
maintained along the property line to provide visual screening. The fence or
wall shall be masonry or a wood diagonal, horizontal or vertical stockade type
privacy fence, although the framing may be metal.
(4) In lieu of the fence, a thirty -foot -wide landscape planted buffer for the
purpose of screening, may be provided along the property line.
(5) For a thirty -foot -wide landscape planted buffer, one (1) class A tree or
two (2) class B trees shall be planted and maintained for each ten (10) lineal
feet of buffer. The required trees may be planted anywhere within the buffer
strip with a minimum of twenty (20) feet apart for class A trees and a
minimum of ten (10) feet apart for class B trees. Refer to definitions on tree
size.
�1A 1!
Thirty -Foot -Wide Landscape Planted Buffer
(6) The provisions of this perimeter landscaping and screening shall not
apply where districts are separated by a public street.
(7) When a specific use permit is required, the landscape buffering and
fencing required by this section may be modified or eliminated as a condition
of a specific use permit.
(g) Dumpster and immobile trash containers. Any fixed or otherwise immobile trash
container must be set back from the property line no less then twenty-five (25) feet or
be completely screened from view from any street via landscaping and solid, opaque
fencing on a minimum of three (3) sides. No such container shall be allowed on city
right-of-way.
(h) Landscaping of off-street parkin¢.
(1) Island, median and/or peninsula requirements.
(A) Any parking lot or portion thereof which is to contain twenty (20)
or more parking spaces shall provide permanently landscaped areas
consisting of islands, peninsulas, or medians within the parking area.
The required landscaped island, peninsula, or median shall be provided
as follows:
(i) Sites having less than one hundred (100) parking spaces: One
(1) landscaped island, peninsula, or median per twenty (20) parking
spaces is required.
(ii) Sites having more than one hundred (100) parking spaces:
One (1) landscaped island, peninsula, or median per ten (10)
parking spaces is required.
(iii) The landscaped island or peninsula located within the
parking spaces shall be no less than nine (9) feet wide or if a
landscaped median shall be no less than six (6) feet wide.
Landscaped Island or Peninsula
(iv) Each island or peninsula required herein shall at minimum
contain one (1) class A tree or two (2) class B trees.
(v) Each median required herein shall at minimum contain one
(1) class A tree or two (2) class B trees for each twenty-five (25)
linear feet of median.
(vi) All such landscaped areas shall be protected from vehicular
access to these areas by curbing or other protective devices. No
automobile or other type of vehicle shall be driven on any required
landscaped space.
(2) Perimeter requirements.
(A) A landscaping edge or buffer shall be required along each side of
a parking lot that faces towards a public right-of-way.
(B) The landscaping edge shall be no less than six (6) feet wide and
may use up to three (3) feet of the public right-of-way, if unused and
available at the time of permitting.
Landscaping Edge
(C) The landscaping edge shall be for the parking lot's entire length.
(D) The landscaping edge shall contain no less than one (1) class A
tree or two (2) class B trees for each twenty-five (25) lineal feet or
fraction thereof of the edge.
(E) The required trees may be located anywhere within the six (6) foot
landscape edge with a minimum of ten (10) feet apart for class A trees
and a minimum of five (5) feet apart for class B trees. Refer to definitions
on tree size.
Location of Trees
(F) If overhead lines are present along the perimeter landscape edge,
no trees will be permitted in that perimeter landscape edge. In addition,
no trees shall be permitted within a thirty-foot distance from the
outermost power line.
(G) A screen no less than three (3) feet height comprised of a wall,
solid fence, berm, or plant material or combination of shall be provided
along the entire length of the landscaping edge or buffer, if any part of
the landscaping edge is within ten (10) feet of the right-of-way. The
screen does not have to be straight with the street or parking edge.
Screen
(H) The three -foot -high screen shall not be on the right-of-way.
(I) The three -foot -high screen shall not be required across driveways
(J) The three -foot -high screen shall not be within three (3) feet of a
driveway or restrict a driver's line of sight of approaching vehicles as
determined by the city.
(K) The required three -foot -high screen, when planted, shall be a
minimum of two (2) feet in height. See list of suggested shrubs.
(L) A minimum width of three (3) feet is required for the bed
containing the planted screen.
(Ivl) The required three -foot -high screen, if planted shall be maintained
at no less than three (3) feet high.
(3) An increase in the size of an existing parking lot by twenty-five (25)
percent in the number of parking spaces or more shall require the entire
parking lot, in addition to the twenty-five (25) percent expansion, to be
brought into compliance with this section.
(i) Landscaping bonus provisions.
(1) In order to receive credit for preserved trees, the owner must include as
part of the landscape plan submittal, a tree preservation plan which must be
approved by development services.
(A) The tree preservation plan shall include the name, location, size
and condition of each tree to be preserved, along with an indication of
proposed development features which may impact such trees, and any
other pertinent information as required to evaluate existing and proposed
conditions.
(B) The tree preservation plan shall include a detailed description of
all methods to be used to ensure the survival of all trees scheduled for
preservation credit, including information that may be required to
interpret the intent and methodology proposed.
(C) Any tree to be preserved for credit shall be protected from
excavation and all construction by fencing off the area which constitutes
the critical root zone as defined herein.
(D) All building material, dirt, debris and equipment shall be kept
outside the fenced area.
(E) All tree preservation methodology shall conform to the standards
of the state department of agriculture and forestry, the state forest service
and the International Society of Arboriculture.
(F) If a preserved tree dies within five (5) years, it is the responsibility
of the owner to replace that tree with the number of class A trees credited
on a matching basis within six (6) months.
(2) Credit may be received for preservation of existing trees as follows:
(A) For each existing tree between two (2) to four (4) inches in caliper,
a tree credit of one (1) for one (1) is allowed.
(B) For each existing tree between five (5) and twelve (12) inches in
caliper, a tree credit of two (2) for one (1) is allowed.
(C) For each existing tree over twelve (12) inches in caliper, a tree
credit of three (3) for one (1) is allowed.
(3) The required minimum front building setback for development in GC -
MD and GC-MD-2 Districts and for multifamily housing in RM-M and RM-
H Districts shall be reduced to fifteen (15) feet when a landscaped planting
strip is provided across the first ten (10) feet of the property adjacent to the
street right-of-way.
(A) A turf area is to be located between the paved or curbed portion
or sidewalk of the adjacent street right-of-way and the front property
line.
(B) The landscape planting strip shall not be used for parking, but can
be crossed with driveways providing direct ingress and egress to the
development that have been approved by the development services
manager or his designee.
(C) This landscape planting strip shall by planted with one (1) class A
or two (2) class B trees for each twenty-five (25) lineal feet or fraction
thereof along the property line. The required trees may be planted
anywhere within the landscape planting strip with a minimum of ten (10)
feet apart for class A trees and a minimum of five (5) feet apart for class
B trees.
(D) Three (3) feet of public right-of-way may be used with written
permission from development services.
0) Installation and maintenance
(1) All landscaping shall be installed in accordance with accepted standards
of the Texas Nurseryman's Manual.
(2) All plant material shall be true to name, variety, and size and shall
conform to all applicable provisions of the American Standards for Nursery
Stock, latest edition.
(3) The owner and/or tenant shall be responsible for installing and
maintaining all landscaping according to standard horticultural practices.
(4) All landscaping shall be maintained in a healthy, neat, and orderly
condition.
(5) No trees may be located within ten (10) feet of a fire hydrant.
(6) No trees may be topped if the limbs are three (3) inches in diameter or
greater.
(7) Required three-foot hedges shall be maintained at a minimum of three
(3) feet in height.
(8) Dead, dying or damaged landscaping material shall be immediately
replaced in conformance herein.
(9) Irrigation systems must be in good and operating condition
(10) Failure to install required material or maintain landscaping within
sixty (60) days of notification shall be subject to legal action pursuant
to section 1.01.009 of the Code of Ordinances of the city.
(11) Any request for a modification to the terms of this ordinance must be
submitted in writing and be responded to in writing by the development
services manager.
(k) Letter of credit.
(1) A letter of credit may be utilized when the landscaping improvements
required by this section 28.04.006 have not been completed prior to the
issuance of a certificate of occupancy.
(2) The applicant shall post cash or an irrevocable letter of credit payable
to the city in an amount equal to one hundred thirty (130) percent of the
estimated cost. This amount shall include the city's cost of administering the
completion of the improvement in the event the subdivider defaults as
provided herein. The security shall be deposited with the city or in escrow
with a bank at the option of the city. Such letter of credit shall comply with
all statutory requirements and shall be satisfactory to the city attorney as to
form, sufficiency, and manner of execution as set forth in these regulations.
The period within which required improvements must be completed shall be
specified by the city manager or his designee and shall be incorporated in the
letter of credit. In those cases where a letter of credit has been posted and the
required improvements have not been installed within the terms of the letter
of credit, the government body may thereupon declare the letter of credit in
default and require that all of the improvements be installed.
(1) Screening of backflow prevention devices. Any backflow prevention device required
by the plumbing code, article 24.02, division 4, be it a commercial or residential use,
shall be completely screened from the street via landscaping or a solid, opaque fence.
TREES FOR BEAUMONT
Class A tree: Mature height greater than thirty (30) feet.
Branches begin at six (6) feet.
Must be two (2) inches or greater in caliper when planted.
Common Name Latin Name
American Beech
Fagus grandifloia
Arizona Ash
Fraxinus velutina
Bald Cypress
Taxodium distichum
Canary Island Date Palm
Phoenix canariensis
Cedar Elm
Ulmus crassifloia
Chenybark Oak
Quercus falcata var. pagodifolia
Chinese Elms
Ulmus parvifolia
Green Ash
Fraxinus pennsylvanica
Flackberry
Celtis laevigata
Live Oak
Quercus virginiana
Sawtooth Oak
Quercus
Loblolly Pine
Pinus meda
Magnolia
Magnolia grandiflora
Nuttall Oak
Quercus nuttallii
Pecan
Carya illinoinensis
Red Cedar
.luniperus virginiana
Red Maple
Acer rubrum 'Drummondii ,
Sabal Palms, Florida Fan Palm
Sabal palmetto
Shumard Oak
Quercus shumardii
Slash Pine
Pinus elliottii
Southern Red Oak
Quercus falcata
Spruce Pine
Pinus glabra
Swamp Chestnut Oak, Cow, Basket
Quercus michauxii
Sycamore
Platanus occidentails
Washingtonia Palm
Washingtonia robusta
Water Oak
Quercus nigra
White Oak
Quercus alba
Willow Oak
Quercus phellos
Windmill Palm
Tracycarpus fortunel
Winged Elm
Ulmus alata
Class B tree: Less than thirty-foot
mature height.
Eight (8) to ten (10) feet height when planted.
Common Name Latin Name
American Holly
Ilex opaca
Cherry Laurel
Prunus caroliniana
Chinese Fan Palm
Livistona chinensis
Chinese Fringe Tree
Chioanthus virginicus
Chinese Pistachio
Pistacia chinesis
Crape Myrtle
I.agerstroemia indica and hybrid
Flowering Pear
Pyrus Calleryana `Bradford', `Aristocrat'
Savannah Holly
Ilex attenuata `Savannah'
Golden Rain Tree
Koelreuteria bipinnata
Japanese Evergreen Oak
Quercus glauca
Loquat
Eriobotrya japonica
Mexican Plum
Prunus Mexicana
Parsley Hawthorn
Crataegus marshallii
Pindo Palm
Butia capitate
Purple Leaf Plum
Prunus cerasifem
River Birch
Betula nigra
Sweet Bay Magnolia
Magnolia virginiana
Texas Redbud
Cercis canadensis `Texensis'
'free Ligustrum
Ligustrum lucidum
Tulip Magnolia
Magnolia soulangiana
V itex
V itex agnus-eastus
Wax Ligustrum Tree
Ligustmmjapconicum
Yaupon Tree
Ilex vomitoria
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain three-foot height or greater.
Must be evergreen.
Common Name Latin Name
Banana Shrub, Magnolia Fuscata Michelin figo
Blue Vase Juniper
Juniperus chinensis `Glauca'
Bottlebrush
Callistemon rigidus
Burford Holly
Ilex comuta `Burfordii'
Camellia Sasanqua, upright
Camellia sasanqua
Camellia
Camellia japonica
Chinese Holly
Ilex comuta `Rotunda'
Cleyera
Temstmemia gymnanthera
Dwarf Burford Holly
Ilex comuta `Burfordii Nana'
Dwarf Japanese Holly
Ilex crenata `Compacta'
Dwarf Wax Myrtle
Myrica pusilla
Elaeagnus
Elaeagnus pungens
English Boxwood
Buxus sempervirens
Florida Jasmine
Jasminum floridum
Fringe Flower
Loropetalum chinense
Gardenia, Cape Jasmine
Gardenia j asminoides
Common Name
Latin Name
Glossy Abelia
Abelia grandiflora
Indian Azalea
Rhododendron indica
Indian Hawthorn
Raphiolepis indica
Japanese Viburnum
Viburnum japonicum
Japanese Yew
Podocarpus macrophyllus
Kumquat
Fortunella japonica
Nandina
Nandina domestica
Oleander
Nerium oleander
Pineapple Guava
Feijoa sellowiana
Pittosporm
Pittospomm Tobira
Pyracantha
Pyracantha coccinea
Red Tip Photinia
Photinia glabra
Sweet Olive
Osmanthus fragrans
Texas Sage
Leucophyllum fruteseens
Variegated Pittospomm
Pittospomm tobira `Variegata'
Variegated Privet
Viburnum suspensum
Wax -leaf Ligustrum
Wax Myrtle
Ligustrum sinense variegata
Viburnum suspensum
Ligustrum japonicum
Myrica cerifem
Section 8.
That Chapter 28, Article 28.04, Section 28.04.008(22) of the Code of Ordinances
of the City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.008 Special conditions
(22) Bed and breakfast facility.
(A) General Purpose and description. The establishment of bed and
breakfast facilities 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-L 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) Special regulations for bed and breakfast facilities.
(i) Structure. The bed and breakfast 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.
(ii) Specific use permit required
a. A specific use permit granted by city council is required
for the establishment of a bed and breakfast facility, the
granting of which is provided for in the city Code of
Ordinances (section 28.02.008).
b. An application for a specific use permit shall be filed with
the director of planning, who shall prepare a report for review
by the planning commission and city council.
c. Issuance of a specific use permit by the city council, after
recommendation by the planning commission, is conditioned
on whether the proposed bed and breakfast facility will be
compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents and buildings or
structures.
d. The specific use permit for a bed and breakfast facility
shall expire once the applicant ceases to occupy the premises.
Any subsequent occupant must apply for and be granted a new
specific use permit prior to the continuation of use of the
premises as a bed and breakfast facility.
(iii) Size. A bed and breakfast facility shall not be less than two
thousand five hundred (2,500) square feet in floor area.
(iv) Number of guest rooms. A maximum number of five (5) guest
rooms is allowed.
(v) Management. The facility shall be owner occupied.
(vi) Length of stay. Maximum length of stay is limited to fourteen
(14) consecutive days in any thirty -day period of time. The resident
owner shall keep a current guest register including names,
addresses and dates of occupancy of all guests.
(vii) Signage. 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 shall be permitted. The nameplate shall be
nonilluminated and shall be attached either to the structure or to the
fence surrounding the property. The nameplate shall be compatible
with the style and detailing of the house.
(viii) Parkin¢. One (1) off-street parking space per guest room and
for the owner is required. The maximum number of permitted
spaces shall not exceed seven (7). The front yard shall not be used
for off-street parking. All off-street parking must be screened from
the street and from adjacent lots containing residential uses.
Screening from the street and adjacent lots containing residential
uses must comply with the standards established in the city Code
of Ordinances (section 28.04.006).
(ix) Additions and alterations. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed and breakfast facility, other than those required to meet
health, safety and sanitation requirements. Minimal outward
modification of the structure or grounds may be made if such
changes are deemed compatible with the character of the area or
neighborhood. Such alterations and additions must meet all zoning
standards and building code requirements and must be approved by
the historic landmark commission (when such property is located
in a historic district, awarded an HC-L designation and/or of
historic significance).
(x) Other uses
a. The sale and/or display of merchandise or other
commodities is prohibited.
b. Weddings, receptions, luncheons, cocktail parties, or any
other such function for which the owner receives payment for
the use of the facility, and which is not a function for the
personal use of the owner, their friends or relatives, may be
allowed if sufficient off-street or satellite parking is provided
and documented. The number of functions shall not exceed
twenty-four (24) events per year nor more than two (2) events
per month. The planning division is to be notified of the
functions taking place. Notification shall be filed with the
planning division on a quarterly basis, indicating the type of
function, the date, and the number of guests. The city council
may restrict the number of social events based upon
neighborhood compatibility, lack of parking facilities, traffic
generation and/or traffic capacity of surrounding streets.
(xi) Health fire and buildine considerations. All bed and breakfast
facilities shall meet all applicable local and state regulations.
Section 9.
That if any section, subsection, sentence, clause of phrase of this ordinance, or
the application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 10.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 11.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of
Beaumont, Texas.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551
2021.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of May,
- Ma#dr Becky Ames -