[1]
Editor’s note–This chapter consists of the zoning
ordinance, Ordinance 81-17, adopted March 10, 1981, originally published
as chapter 30 in the 1978 Code of Ordinances and as subsequently amended.
Section numbers, style, capitalization and formatting have been changed
to be consistent with the remainder of the Code of Ordinances, and
this will be maintained in future amendments to this chapter. Changes
in the names of state agencies have been incorporated without notation.
The term “City of Beaumont” has been changed to “city”
and the term “State of Texas” has been changed to “state.”
Obviously misspelled words have been corrected without notation. Any
other material added for purposes of clarification is enclosed in
brackets.
This chapter shall be known and may be cited and referred to
as the “Zoning Ordinance of the City of Beaumont, Texas.”
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-1)
The statutes of the state authorizing and empowering cities
to zone their cities and regulate and restrict the height, number
of stories, and size of buildings and other structures; the percentage
of lots that may be occupied, the size of yards, courts, and other
open spaces, the density of population and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes; and in the case of designated places and areas of historical
and cultural importance, to regulate and restrict the construction,
alteration, reconstruction or razing of buildings and other structures;
and authorizing and empowering the local legislative body to divide
the municipality into districts of such numbers, shapes and areas
as may be deemed best suited to carry out the purposes set out in
such statutes, and within such districts to regulate and restrict
the erection, construction, reconstruction, alteration, repair or
use of buildings, structures or land, the same being chapter 211 Local
Government Code are hereby adopted for and on behalf of the city;
and the city, acting through its duly authorized officials, shall
have all of the rights, powers, privileges and authority authorized
and granted by and through such statutes.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-2)
The zoning regulations and districts as herein established have
been made for the purpose of promoting the health, safety, morals,
and general welfare of the community, and for the protection and preservation
of places and areas of historical and cultural importance and significance.
The zoning regulations and districts have been made in accordance
with a comprehensive plan and are designed to lessen congestion in
the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding of
lands; to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewage, schools, parks
and other public requirements. The zoning regulations and districts
have been made with reasonable consideration of the character of the
district and its peculiar suitability for the particular uses, and
with a view of conserving the value of building and encouraging the
most appropriate use of land throughout the community.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-3)
(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)
Accessory building.
Accessory use.
Adult bookstore.
Adult motion picture theater.
Apartment house.
Brewpub.
Building.
Building height.
Cemetery.
Certificate of occupancy.
City council.
City manager.
Cluster housing development.
Commission.
Community home.
Comprehensive plan.
Digital billboard.
District or classification.
Dwelling, multiple-family.
Dwelling, single-family.
Dwelling, two-family.
Dwelling unit.
Family.
Floor area, gross.
Floor area, net.
Garage sale.
Group residential care facility.
Heliport.
Helistop.
Home occupation.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Industrialized housing.
Kennel (commercial).
Landscaping.
Licensed child care center.
Licensed child care home.
Listed family home.
Loading space.
Lot or lot of record.
Lot area.
Lot, corner.
Lot depth.
Lot, interior.
Lot lines.
(1)
(2)
(3)
Lot width.
Main building.
Mobile home.
Model dwelling unit.
Nonconforming building.
Nonconforming lot.
Nonconforming use.
Open space.
Planned unit development.
Registered child care home.
Shopping center.
Sign.
Sign, billboard.
Sign banner.
Sign area.
Sign, electronic reader board.
Sign, mobile.
Sign, on-premises.
Sign, portable.
Sign, temporary.
Structural alterations.
Structure.
Temporary portable storage container.
Townhouse.
Trailer park.
Use.
Winery.
Yard.
Yard, front.
Yard, rear.
Yard, side.
Definitions.
In the interpretation of this chapter,
the following words and terms are to be used and interpreted as defined
hereinafter:
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.
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.
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.
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.
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.
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.
Any structure built for the support, shelter and enclosure
of persons, animals, chattels or movable property of any kind.
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.
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.
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.
The governing and legislative body of the city.
The chief administrative officer of the city, or his designee.
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.
The “planning and zoning commission” of the city.
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.
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.
An off-premises billboard displaying digital static images
controlled by electronic communications.
A section of the city within which regulations governing
the area or use of land and buildings apply under this chapter.
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.
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.
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.
A building or portion of a building which is arranged, occupied,
or intended to be occupied as living quarters for one 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.
The total floor space within the outside dimensions of a
building including each floor level.
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.
Sale of used household or personal articles such as furniture,
tools, or clothing held on the seller’s premises. Yard sales,
sidewalk sales, rummage sales, estate sales and similar activities
are considered garage sales and are classified under Used Merchandise
Stores, SIC Group #593.
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.
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.
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.
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;
No stock in trade is kept nor commodities sold except those
made or used on the premises;
Only members of the family residing on the premises are employed;
No internal or external alterations, special construction, or
features are involved;
There is no on-premises 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;
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.)
Repair of racing automobiles shall not be permitted.
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.
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.
Material such as, but not limited to, grass, ground covers,
shrubs, vines, hedges, or trees. Landscaped open spaces and landscaped
edges shall be landscaping.
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.
A home-based child care facility where the caregiver provides
care for seven (7) to twelve (12) children under the age of fourteen
(14).
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.
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.
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.
The total horizontal area within the lot lines of a lot.
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.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
The lines bounding a lot as defined herein:
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 corner 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.
Lot line, rear. A lot line which is opposite and most distant
from the front lot line.
Lot line, side. Any lot line not a front lot line or rear lot
line.
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.
The building or buildings on a lot which are occupied by
the primary use.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A type of sign that is generally constructed of lightweight
plastic, fabric or a similar nonrigid material, and that is mounted/tethered
to a pole(s), building or other structure at one (1) or more edges.
The sign area shall be the area of rectangular enclosures
of the entire sign other than structural supports.
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-premises sign.
Signs which are on or, otherwise affixed to, trucks, automobiles,
trailers or other vehicles used primarily to support or display such
signs while parked.
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.
Any sign that is not permanently attached to the ground or
any other structure and is designed to be moved from place to place.
A 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.
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.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having permanent
location on the ground.
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.
A row of three (3) or more attached, one-family dwellings,
separated by vertical party or lot-line walls, and each having private
entrances.
See recreational vehicle court or park, mobile home park, mobile home subdivision in article 24.06 of the city code.
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.
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.
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward except for fences and walls.
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.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
and a line parallel thereto on the lot as specified in each zoning
district. On corner lots, the rear yard shall be considered as parallel
to the street upon which the lot has its least dimensions. On both
corner and interior lots, the rear yard shall in all cases be at the
opposite end of the lot from the front yard.
A yard between a building and the side lot line, extending
from the front yard or front lot line where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the building.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-39, sec. 1, adopted 4/6/82; Ordinance 82-89, sec. 1, adopted 8/17/82; Ordinance 82-109, sec. 1, adopted 9/14/82; Ordinance 84-123, sec. 1, adopted 9/25/84; Ordinance 85-120, sec. 1, adopted 11/26/85; Ordinance 86-89, sec. 1, adopted 8/26/86; Ordinance 87-74, sec. 1, adopted 9/22/87; Ordinance 89-21, sec. 1, adopted 4/25/89; Ordinance 91-66, sec. 1, adopted 8/27/91; Ordinance 92-62, sec. 1, adopted 8/11/92; Ordinance 92-63, sec. 1, adopted 8/25/92; Ordinance 06-036, sec. 1, adopted 7/11/06; 1978 Code, sec. 30-4; Ordinance 07-078, sec. 1, adopted 7/24/07; Ordinance 07-096, sec. 1, adopted 9/25/07; Ordinance 08-021, sec. 2, adopted 3/18/08; Ordinance 08-066, sec. 1, adopted 8/26/08; Ordinance 09-022, sec. 1, adopted 4/28/09; Ordinance 12-074, sec. 7, adopted 9/25/12; Ordinance 13-004, secs. 1—6,
adopted 1/15/13; Ordinance
21-026 adopted 5/4/21)
(a)
Enumeration.
In order to uniformly regulate and restrict
the erection, construction, reconstruction, alteration, repair, or
use of buildings, structures, or land, the city is hereby divided
into the following districts or classifications:
(1)
A-R, Agricultural-Residential District.
(2)
R-S, Residential Single-Family Dwelling District.
(3)
RM-M, Residential Multiple-Family Dwelling–Medium Density District.
(4)
RM-H, Residential Multiple-Family Dwelling–Highest Density
District.
(5)
RCR, Residential Conservation and Revitalization District.
(6)
RCR-H, Residential Conservation and Revitalization-H District.
(7)
NC, Neighborhood Commercial District.
(8)
NSC, Neighborhood Shopping Center.
(9)
GC-MD, General Commercial-Multiple Family Dwelling District.
(10)
GC-MD-2, General Commercial-Multiple Family Dwelling-2 District.
(11)
Central Business District.
(12)
C-M, Commercial Manufacturing District.
(13)
LI, Light Industrial.
(14)
HI, Heavy Industrial.
(15)
PUD, Planned Unit Development.
(16)
HC-L, Historic-Cultural Landmark Preservation designation.
(17)
HC, Historic-Cultural Landmark Preservation Overlay District.
(18)
PD, Port Development District.
(19)
OP, Office Park District.
(b)
Zoning map adopted.
The official zoning map of the city is hereby adopted and made a part hereof [by reference] for all purposes and shall be filed with the city clerk. The boundaries of the various districts as enumerated in subsection (a) of this section are hereby established as identified on said map. All notations, references, legends, scales, and every detail shown on said map are incorporated into and made a part of this chapter. In interpreting the official zoning map, the following rules shall apply:
(1)
The district boundaries are the centerlines of either streets or
alleys unless otherwise shown, and where the district designated on
the zoning map is bounded approximately by a street or alley, the
centerline of street or alley shall be construed to be the boundary
of the district.
(2)
Where the district boundaries are not otherwise indicated, and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be the lot lines,
and where the district designated on the zoning map is bounded approximately
by lot lines, the lot lines shall be the boundary of the district.
(3)
In unsubdivided property, the district boundary lines on the zoning
map shall be determined by use of the scale appearing on the map.
(4)
Any property on the zoning map which does not have a zoning district
designation shall be classified as an R-S, Residential Single-Family
Dwelling District.
(c)
District boundary uncertainty.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the conflict shall be resolved by utilizing the appeal power of the board of adjustment as set forth in section 28.02.002 [28.02.005] of the zoning chapter.
(d)
General restrictions.
Except as hereinafter otherwise
provided, no land or building shall be used, and no building, structure
or improvement shall be made, erected, constructed, moved, altered,
enlarged or repaired, for any purpose or in any manner except in accordance
with the requirements established in the district in which such land,
building, structure, or improvement is located, and in accordance
with the provisions of this chapter.
(e)
Residential use restrictions.
Whenever the specific
district regulations pertaining to one district permit residential
uses of a more restricted district, such residential uses shall be
subject to the conditions as set forth in the regulations of the more
restricted district unless otherwise specifically stated.
(f)
General purpose and description provisions.
Paragraphs included within the district regulations in article 28.03 hereof entitled “general purpose and description” contain general descriptive information to provide the reader with a conceptual understanding of the general legislative intent of the district indicated. The provisions of such paragraphs are directory and not mandatory.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-62, sec. 1, adopted 6/15/82; Ordinance 90-18, sec. 1, adopted 3/27/90; Ordinance 98-7, sec. 1, adopted 2/3/98; Ordinance 05-034, sec. 1, adopted 3/29/05; 1978
Code, sec. 30-5; Ordinance 08-106, sec. 1, adopted 11/25/08)
(a)
Temporary designation; proceeding to give permanent designation.
All territory annexed to the city hereafter shall be temporarily
designated as R-S, Single-Family Dwelling District, until permanently
zoned by the city council. The planning commission shall, as soon
as practicable after annexation of any territory to the city, institute
proceedings on its own motion to give the newly annexed territory
a permanent zoning classification, and the procedure to be followed
shall be the same as is provided by law for the adoption of original
zoning regulations.
(b)
Building permits.
In an annexed area temporarily classified
as R-S, Single-Family Dwelling District, no permit for the construction
of a building other than those permitted in an R-S, Single-Family
Dwelling District, shall be issued by the building official unless
such permit has been specifically authorized by the city council.
Permits for the construction of buildings in newly annexed areas prior
to permanent zoning may be authorized by the city council under the
following conditions: An application for any use shall be made to
the building official in accordance with the provisions of the building
code, and if such application is for a building other than one permitted
in an R-S, Single-Family Dwelling District, it shall be referred by
the building official to the planning commission for consideration
and recommendation to the city council. When such a recommendation
is filed with the city council, it shall be advisory only, and the
city council may grant or deny the application as the facts may justify.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-6)
