(a) 
General purpose and description.
This district is intended to provide a location for land situated on the fringe of an urban area and used for agricultural purposes, but that may become an urban area in the future. Generally, A-R, Agricultural-Residential Districts, will be near development; therefore, the agricultural activities conducted in the A-R, Agricultural-Residential District, should not be detrimental to urban land uses. The types of uses and the area and intensity of use permitted in this district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.
(b) 
Permitted uses.
Uses permitted in an A-R, Agricultural-Residential District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in an A-R, Agricultural-Residential District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-7)
(a) 
General purpose and description.
The R-S, Residential Single-Family Dwelling District, is the most restrictive residential district. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and by consideration of the proper functional relationship and arrangement of the different uses permitted in this district.
(b) 
Permitted uses.
Uses permitted in an R-S, Residential Single-Family Dwelling District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in an R-S, Residential Single-Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-8)
(a) 
General purpose and description.
The R-M, Residential Multiple-Family Dwelling– Medium Density District, is intended to provide for medium density multiple-family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities, thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, ranging from single-family to low-rise multiple-family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The RM-M, Residential Multiple-Family Dwelling District, functions as a buffer or transition between major streets, or commercial or higher density residential areas, and lower density residential areas.
(b) 
Permitted uses.
Uses permitted in an RM-M, Residential Multiple-Family Dwelling– Medium Density District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in an RM-M, Residential Multiple-Family Dwelling–Medium Density District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-9)
(a) 
General purpose and description.
The RM-H Residential Multiple-Family Dwelling– Highest Density District, is a residential district intended to provide for the highest residential density ranging up to twenty-nine (29) dwelling units per acre. The principal use of land in this district is for a wide variety of dwelling types, including single-family dwellings, low-rise multiple-family dwellings, garden apartments, condominiums, and townhouses and, subject to a specific use permit, high-rise apartments. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. The RM-H, Residential Multiple-Family Dwelling–Highest Density District, is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development.
(b) 
Permitted uses.
Uses permitted in an RM-H, Residential Multiple-Family Dwelling– Highest Density District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in an RM-H, Highest Density Multiple-Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-10)
(a) 
General purpose and description.
The RCR, Residential Conservation and Revitalization District, is intended for predominantly residential areas of the city which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing the city council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected services and retail uses that are needed for the comfort, economy and convenience of the neighborhood. Approval of the specific use and the site plan by the city council will encourage future multifamily and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values.
(b) 
Permitted uses.
Uses permitted in an RCR, Residential Conservation and Revitalization District regulations, are set forth in section 28.03.023. The commercial, retail and service uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or tract.
(c) 
Area and height regulations.
Area and height regulations in an RCR, Residential Conservation and Revitalization District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-11)
(a) 
General purpose and description.
The RCR-H, Residential Conservation and Revitalization-H District, is intended for predominately residential areas in the Old Town Area of the city which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing city council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected commercial uses. Approval of the specific use permit and the site plan by the city council will encourage future multifamily and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values.
(b) 
Permitted uses.
Uses permitted in an RCR-H, Residential Conservation and Revitalization-H District, are set forth in section 28.03.023. The commercial uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or tract.
(c) 
Area and height regulations.
Area and height regulations in an RCR-H, Residential Conservation and Revitalization-H District, are set forth in section 28.03.024.
(Ordinance 08-106, sec. 2, adopted 11/25/08)
(a) 
General purpose and description.
This district is intended to encourage and permit general professional and business offices of high site quality and appearance in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family or multiple-family development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings.
(b) 
Permitted uses.
The following uses shall be permitted in this district subject to special conditions, section 28.04.008(b)(12):
(1) 
Professional offices;
(2) 
Consultant’s offices;
(3) 
Medical and dental offices;
(4) 
Oil and gas extractions;
(5) 
Pharmacy, when in support of or an integral part of an on-premise medical or dental office;
(6) 
Accessory uses.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-11.1; Ordinance 08-106, sec. 2, adopted 11/25/08)
(a) 
General purpose and description.
The NC, Neighborhood Commercial District, is primarily intended for retail sale of convenience goods or personal services primarily for persons residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood retail sales and service uses permitted in this district. Because the retail and personal service uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational and educational uses in the neighborhood, more restrictive requirements for light, air, open space, landscaping, and off-street parking are made than are provided in other commercial districts. The NC, Neighborhood Commercial District, is located on the periphery of the residential neighborhood on a major street in close proximity to the intersection of two (2) major streets.
(b) 
Permitted uses.
Uses permitted in an NC, Neighborhood Commercial District, are set forth in section 28.03.023. The commercial, retail and service uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or premise.
(c) 
Area and height regulations.
Area and height regulations in a NC, Neighborhood Commercial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-12)
(a) 
General purpose and description.
The NSC, Neighborhood Shopping Center District, is intended for a unified grouping, in one or more buildings, of several, typically between five (5) and twenty (20), retail and service shops or stores that provide for the regular needs and are for the convenience of the people residing in adjacent residential neighborhoods. Gross floor area in a neighborhood center typically ranges from thirty thousand (30,000) to one hundred thousand (100,000) square feet, and land area consists of two (2) to ten (10) acres in size. It is intended that the neighborhood shopping center be developed as a unit, with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to ensure compatibility with surrounding residential environment. This district is located adjacent to several residential neighborhoods, ideally at the intersection of two (2) or more arterial or major streets with a service area of up to one and one-half (1-1/2) miles. Development of a neighborhood shopping center requires approval of a development site plan by the city council, after recommendation from the planning commission.
(b) 
Permitted uses.
Uses permitted in an NSC, Neighborhood Shopping Center District, are set forth in section 28.03.023. Office uses permitted in this district shall not exceed thirty (30) percent of the gross floor area of the shopping center. A specific use permit for a shopping center as a particular use is required before any building permit or certificate of occupancy may be issued in this district.
(c) 
Area and height regulations.
Area and height regulations in a NSC, Neighborhood Shopping Center District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-13)
(a) 
General purpose and description.
The mixed GC-MD, General Commercial Multiple-Family Dwelling District, is intended for the conduct of community-wide personal and business services, specialty shops, general highway commercial uses, shopping centers, and multifamily residential development. The need for community-wide accessibility dictates that this district be located ideally at the intersection of two (2) or more streets, along frontage roads adjacent to the interstate, or along selected major streets which have been designated for strip commercial development. Minimum lot width, depth, area, and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip commercial development. Multifamily development in this district is permitted in order to serve as a buffer or transition between commercial and medium density residential development.
(b) 
Permitted uses.
Uses permitted in a GC-MD, General Commercial Multiple-Family Dwelling District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in a GC-MD, General Commercial Multiple-Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-15)
(a) 
General purpose and description.
The mixed GC-MD-2, General Commercial Multiple-Family Dwelling-2 District, is intended for the conduct of community-wide personal and business services, specialty shops, general commercial uses, shopping centers, and multiple-family residential development. Typically, this district will be located at the intersection of two (2) or more streets, along frontage roads adjacent to the interstate, or along selected major streets which have been designated for strip commercial development. However, this district recognizes that there are circumstances whereby city council would be more willing to grant approval of a specific use permit for a particular use or parcel of property than to permit a use by right. Therefore, all uses require a specific use permit. Minimum lot width, depth, area and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip commercial development.
(b) 
Permitted uses.
Uses permitted in a GC-MD-2, General Commercial Multiple-Family Dwelling-2 District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in a GC-MD-2, General Commercial Multiple-Family Dwelling-2 District, are set forth in section 28.03.024.
(Ordinance 98-7, sec. 3, adopted 2/3/98; 1978 Code, sec. 30-15.1)
(a) 
General purpose and description.
The CBD, Central Business District, is intended to accommodate the commercial, office, service, residential and public activities and uses commonly found in a central business district. There shall be only one contiguous CBD, Central Business District.
(b) 
Permitted uses.
Uses permitted in a CBD, Central Business District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in a CBD, Central Business District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-16)
(a) 
General purpose and description.
The C-M, Commercial-Manufacturing District, is designed for intensive commercial uses and those selected manufacturing uses which are compatible with commercial development. The permitted manufacturing uses are either free of objectionable influences in their operations and appearance or can eliminate or control objectionable characteristics by landscaping, screening, and other abatement devices. Because most of the uses in the C-M, Commercial-Manufacturing District, often require direct access to major streets, rail or air facilities, this district should be located near major transportation routes. The C-M, Commercial-Manufacturing District, should be used as a buffer or transition between industrial development and commercial or multifamily residential development.
(b) 
Permitted uses.
Uses permitted in a C-M, Commercial-Manufacturing District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in a C-M, Commercial-Manufacturing District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-17)
(a) 
General purpose and description.
The LI, Light Industrial District, is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesaling, and service operations that do not depend primarily on frequent personal visits of customers or clients, but that may require good accessibility to major rail, air facilities, or highways. This district is designed to upgrade industrial development standards, prevent industrial blight, and protect light industrial development from incompatible residential, commercial or heavy industrial uses. This district should function as a buffer or transition between heavy industrial development and commercial development.
(b) 
Permitted uses.
Uses permitted in an LI, Light Industrial District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in an LI, Light Industrial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-18)
(a) 
General purpose and description.
The HI, Heavy Industrial District, is intended to provide for heavy industrial uses and other uses not otherwise provided for in the other districts. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts and most commercial districts wherever possible.
(b) 
Permitted uses.
Uses permitted in an HI, Heavy Industrial District, are set forth in section 28.03.023.
(c) 
Area and height regulations.
Area and height regulations in an HI, Heavy Industrial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-19)
(a) 
General purpose and description.
The purpose of the PUD, Planned Unit Development District, is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district provides for greater flexibility in the design of buildings, yards, courts, and circulation than provided by other districts.
(b) 
Permitted uses.
Uses permitted in a PUD, Planned Unit Development District, are set forth in section 28.03.023. A specific use permit is required before a building permit may be issued in this district except for single-family residential development and accessory uses.
(c) 
Development standards and regulations.
Minimum standards for developments in this district are set forth in section 28.04.004.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-20)
(a) 
General purpose and description.
The HC-L, Historic-Cultural Landmark Preservation designation, in general is intended to provide for the protection, preservation and enhancement of buildings, structures, sites and areas of architectural, historical, archaeological or cultural importance or value. More specifically, this district has the following expressed purposes:
(1) 
To stabilize and improve property values;
(2) 
To encourage neighborhood conservation;
(3) 
To foster civic pride in the beauty and accomplishments of the past;
(4) 
To protect and enhance the city’s attractions to tourists and visitors;
(5) 
To strengthen and help diversify the economy of the city; and
(6) 
To promote the use of historic-cultural landmarks for the education, pleasure and welfare of the community.
This district supplements the regulations of the underlying zoning district classification. The zoning map shall reflect the designation of a Historic-Cultural Landmark Preservation designation by the letters “HC-L” as a suffix to the underlying zoning district classification.
(b) 
Permitted uses.
The permit uses in the HC-L, Historic-Cultural Landmark Preservation designation, shall be determined by the underlying zoning district classification. Historical use activities within the HC-L designation, such as museums or historical organizational offices, shall be permitted when granted by a specific use permit as set forth in section 28.04.001, when the underlying zoning is residential or would otherwise not permit the historical use. Accessory uses, including fundraising activities, may be approved as a part of the specific use permit.
(c) 
Area and height regulations.
The area and height regulations shall be determined by the underlying zoning district classification.
(d) 
Supplemental regulations.
Buildings, structures, sites and areas zoned “HC-L” shall be subject to the following regulations and to the regulations set forth in section 28.02.007 of this chapter.
(1) 
Exterior alterations and changes.
No person or entity shall construct, alter, change, restore, remove, demolish, or obscure any exterior architectural feature of a building or structure located in an HC-L, Historic-Cultural Landmark Preservation designation, unless first applying to and receiving from the historic landmark commission a certificate of appropriateness as set forth in section 28.02.007.
(2) 
Demolition or removal of a building or structure.
No building or structure awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be demolished or removed without the approval of the historic landmark commission or the city council as set forth in section 28.02.007.
(3) 
Omission of necessary repairs.
Buildings and structures awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be maintained so as to ensure the structural soundness and integrity of the building or structure and its exterior architectural features as set forth in section 28.02.007.
(Ordinance 93-28, sec. 1, adopted 6/29/93; 1978 Code, sec. 30-21.1)
(a) 
Definitions.
Unless the context clearly indicates otherwise, in this section:
Attention-getting device.
Any device, except for permitted signs and flags, that is used for the purpose of attracting the attention of the public to a commercial establishment. 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.
Blockface.
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 architectural feature.
Means, but shall not be limited to, the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures.
Fluorescent color.
Colors defined (Munsell Book of Color) as having a minimum 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.
Sign, fence.
Signs 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, 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.
(c) 
Enforcement.
(1) 
Certificate of appropriateness required.
A person commits an offense if (s)he is responsible for an alteration of the physical character of any real property located in an historic district, or any portion of the exterior of a structure on the property, or the placement, construction, maintenance, expansion, or removal of any structure on or from the property, unless the act is expressly lawfully authorized by a certificate of appropriateness.
(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) 
Responsibility.
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) 
Density.
Structures within an historic district must comply with standards established in the city Code of Ordinances (section 28.03.024).
(2) 
Height.
Structures within an historic district must comply with standards established in the Code of Ordinances (section 28.03.024) for the underlying zoning district or thirty-five (35) feet, whichever is less.
(3) 
Story limitation.
For the purposes of this section, the maximum permitted number of stories is three (3).
(4) 
Lot size.
Lots within an historic district must comply with standards established in the city Code of Ordinances (section 28.03.024).
(5) 
Special exception.
Lots platted, meaning already approved by the city planning division or planning commission, on or before the effective date of this section, are legal building sites even though they may not conform to the requirements of this section.
(6) 
Setbacks.
All structures within an historic district must comply with the standards established in the city Code of Ordinances (section 28.03.024).
(7) 
Off-street parking.
All structures within a historic district must comply with the standards established in the City of Beaumont Code of Ordinances (section 28.04.002). In addition:
(A) 
In 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 parking.
Vehicular access to parking structures with a vehicle storage capacity of three (3) or more is not permitted to or from the street on which the main building fronts, unless the lot abuts no other street or alley.
(E) 
Screening.
Screening of off-street parking for multiple-family, commercial and industrial uses must comply with standards established in the Code of Ordinances (section 28.04.006).
(F) 
Surface materials.
The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, 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 section 28.04.003(e) of this chapter. In addition, all signs within the district must comply with the following standards:
(A) 
Detached signs.
Only one (1) detached sign is permitted on each lot and subject to the following restrictions:
(i) 
The structural support of the sign must be located at least five (5) feet from any public right-of-way or property line dividing properties of different ownership. No part of any sign shall overlay any property line.
(ii) 
The sign must be six (6) feet or less in height;
(iii) 
The sign shall not be illuminated; and
(iv) 
The sign shall not exceed twelve (12) square feet in area.
(B) 
Attached signs.
No more than two (2) attached signs are permitted on each building. Each sign must:
(i) 
Not be illuminated, except by one external floodlight not to exceed one hundred fifty (150) watts in power;
(ii) 
Not exceed six (6) square feet in area; and
(iii) 
Not be located in or in front of any window or doorway.
(C) 
Prohibited signs.
The following types of signs are prohibited in an historic district:
(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) 
Litter/trash and junk.
Article 12.07, litter control and sections 22.05.051 through 22.05.061, solid waste collection by the city, as outlined in the city Code of Ordinances, applies to all properties within any historic district. In addition, an approved container as defined by same must be located in the rear yard of the subject property with exception allowed for pickup and disposal of said litter not to exceed a twenty-four-hour period. All fixed or otherwise immobile trash containers must be set back from the property line no less than twenty-five (25) feet or be completely screened from view from any street via landscaping and fencing.
(10) 
Outdoor furniture.
Furniture or appliances which are constructed of materials which are intended for indoor use only or would otherwise be susceptible to water damage, rot or destruction must not be placed on an open porch or outdoors.
(11) 
Outdoor 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) 
Overhang.
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) 
Slope and pitch.
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 (4-1/2) 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 openings.
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) 
Landscaping.
All properties within an historic district must comply with all existing landscaping requirements as illustrated in section 28.04.006 of the city Code of Ordinances.
(3) 
Fences.
The director may approve a fence not in compliance with this paragraph if the applicant establishes the fence is historically sensitive or unless the absence of said fence poses a significant hazard to life or property.
(A) 
Form.
Fences must be constructed and maintained in a vertical position.
(B) 
Height.
Within a front yard, no solid fence or wall shall be erected to exceed a height of four (4) feet, unless a taller fence is required to screen off-street parking or screen incompatible land uses as required in section 28.04.006 of the Code of Ordinances. In no circumstances shall a solid wall or fence located in a front yard exceed a maximum height of six (6) feet. A fence or wall that is at least eighty (80) percent open may be erected to a maximum height of six (6) feet.
(C) 
Location.
(i) 
A fence in an interior side yard must be located no further forward on the lot than the front of the main building.
(ii) 
A fence in a corner side yard must not be directly in front of the corner side facade, except that the director may allow a fence that is directly in front of the corner side facade if:
a. 
More screening is necessary to insure privacy due to unusually high pedestrian or vehicular traffic; and
b. 
The fence does not screen all or any portion of a significant architectural feature of the main building.
(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) 
Paint 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 general.
Except as otherwise provided in this section, section 28.04.005 of the city Code of Ordinances relating to nonconforming uses and structures, applies to all historic districts.
(2) 
Rebuilding damaged or destroyed buildings or structures.
If a lawful nonconforming building or structure in an historic district is damaged by fire, explosion, act of God or other calamity, the building or structure may be rebuilt at the same location with the approval of the director as long as the building does not increase whatsoever the degree of nonconformity. New construction that replaces damaged buildings and would increase the degree of nonconformity must comply with the design guidelines provided in this section.
(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.
(j) 
Designation as a contributing structure.
For the purposes of this section, a property owner may wish to have a structure within an historic district to be singularly distinguished as a contributing structure. To obtain this designation, a property owner must follow the standard procedure set forth in section 28.02.007 (HC-L, Historic-Cultural Landmark Preservation designation).
(Ordinance 93-28, sec. 1, adopted 6/29/93; Ordinance 93-50, sec. 1, adopted 8/24/93; Ordinance 95-50, sec. 1, adopted 8/29/95; Ordinance 98-27, sec. 1, adopted 3/24/98; Ordinance 00-83, sec. 1, adopted 9/26/00; Ordinance 01-018, sec. 1, adopted 3/6/01; Ordinance 02-008, secs. 1—3, adopted 1/29/02; 1978 Code, sec. 30-21.2; Ordinance 10-040, sec. 1, adopted 6/8/10; Ordinance 13-003, secs. 1—2, adopted 1/15/13; Ordinance 21-026 adopted 5/4/21)
(a) 
General purpose and description.
The PD, Port Development District, is intended to accommodate the port or port-related development of property owned by the Port of Beaumont Navigation District. This district is located in close proximity to the Port of Beaumont in the area which is bordered generally on the west by Cypress, Main, Blanchette, Sabine Pass and Carroll Streets, on the north by the Neches River, and on the south by Buford and Grant Streets.
(b) 
Permitted uses.
Any use which is not otherwise prohibited by applicable local codes or ordinances.
(c) 
Area and height regulations.
There shall be no area and height regulations in the PD, Port Development District.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-22)
(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:
Sign, attached.
A sign which is attached to or painted on the outside face of a building. An attached sign is also erected parallel to the face of the building, supported by the building and does not extend more than eighteen (18) inches from the face of the building wall or above the roof line of the building to which the sign is affixed.
Sign banner.
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.
Sign, detached.
A sign which is wholly supported by one (1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade.
Sign, electronic reader board.
A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached on-premises sign.
Sign, fence.
A sign attached or affixed to any type of fence.
Sign, 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.
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, 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) 
Signs in residential-UC districts.
Signs shall not be permitted in urban corridor overlay residential districts except as specifically authorized in this section as well as section 28.04.003 of this chapter.
(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.
(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.
(B) 
One (1) detached on-premises 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-premises 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-premises 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-premises 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-premises 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 a part 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-premises 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-UC districts.
(A) 
One (1) detached on-premises 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-premises 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-premises 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-premises 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-premises 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-premises 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-premises 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-premises 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.
(Ordinance 93-62, sec. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08-021, secs. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, secs. 1—4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12; Ordinance 21-026 adopted 5/4/21)
(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-getting 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.
Frontage.
That portion of any tract of land which abuts a public street right-of-way, measured along the street line.
Multi-tenant business development.
A development under the same ownership consisting of two (2) or more business establishments separated by a tenant separation wall, using common driveways and on-site parking facilities, including, but not limited to, shopping centers, office complexes, office buildings and business parks. Retail co-branding shall not be considered a multi-tenant business development.
Sign, 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 nonrigid 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-premises sign.
Sign facing.
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.
Sign, fence.
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-premises.
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 #6 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, J.C.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 corner 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 corner, 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 corner 100 feet west of the west right-of-way line of North Major Drive (FM 364) and 100 feet south of the south right-ofway 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) approximately 1004 feet to the southwest corner 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 corner in the south right-of-way line of the 60-foot-wide Tolivar Road right-ofway; 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-premises 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-premises 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-premises 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-premises 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-premises 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-premises/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, Hwy. 105 and Major Drive.
a. 
The sign shall not be greater than fifteen (15) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property.
b. 
The sign shall not exceed one hundred (100) square feet in area with the sign facing not to exceed eighty-five (85) square feet.
c. 
All parts of the sign may be located at the street right-of-way and must be located a minimum of ten (10) feet from any other property line.
d. 
The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below:
1. 
Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached on-premises 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-premises sign shall be allowed to have multiple colors.
6. 
As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
e. 
The sign shall meet the wind load requirements of the building code.
f. 
The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet.
(ii) 
All other streets in the MD Sign Overlay District.
a. 
The sign shall not be greater than six (6) feet in height, the maximum height being measured 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-premises 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-premises 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 calendar year. A banner permit as listed in the fee schedule of this code 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.
(Ordinance 00-58, sec. 1, adopted 7/11/00; Ordinance 04-043, sec. 1, adopted 6/29/04; 1978 Code, sec. 30-23.1; Ordinance 08-021, secs. 6, 7, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, secs. 5—8, adopted 6/26/12; Ordinance 17-070 adopted 10/24/17; Ordinance 21-026 adopted 5/4/21; Ordinance 25-008 adopted 2/18/2025)
(a) 
General purpose and description.
The purpose of the ND, Neighborhood Design Overlay District, is to provide for the protection, preservation and design compatibility of buildings, sites and areas within the overlay district. More specifically, this district has the following expressed purposes:
(1) 
To encourage neighborhood conservation;
(2) 
To stabilize property values;
(3) 
To prevent the construction of buildings of a size and scale not compatible with the established built character of the district.
This district supplements the regulations of the underlying zoning district classification. The zoning map shall reflect the designation of a Neighborhood Design Overlay designation by the letters “ND” as a suffix to the underlying zoning district classification.
(b) 
Reconciliation with other ordinances.
All city codes, as amended, apply to all Neighborhood Design Districts unless expressly modified by this ordinance.
(c) 
Applicability and boundaries.
This ordinance shall apply to all lands zoned as Neighborhood Design (ND) as described below and as shown on the adopted zoning map:
Being Lots 1-13, Block 1, Lots 1-13, Block 2, Lots 1-26, Block 3, Lots 1-26, Block 4, Lots 1-26, Block 5, Lots 1-26, Block 6, Lots 1-26, Block 7, Lots 1-26, Block 8, Lots 1-26, Block 9, Lots 1-26, Block 10, Lots 1-14, Block 11, Lots 1-13, Block 12, Lots 2-12, Block 13, Lots 1-10, Block 14, Calder Place Addition, City of Beaumont, Jefferson County, Texas, containing 47.58 acres, more or less.
(d) 
Use regulations of Neighborhood Design Districts.
All previous uses legally permitted by the underlying zoning district receiving Neighborhood Design designation shall remain so upon adoption of this ordinance.
(e) 
Definitions.
Unless the context clearly indicates otherwise, in this section:
Buildable area.
The area in which development subject to this subchapter [this section] may occur, and which is defined by the side and rear setback planes required by this subchapter, together with the area defined by the front, side, and rear yard setbacks and the maximum height limit.
Height.
In this subchapter, the height of a building or setback plane shall be measured as follows: Height shall be measured as the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(f) 
Nonconforming uses and structures.
Except as otherwise provided in this section, section 28.04.005 of the city Code of Ordinances relating to nonconforming uses and structures, applies to all Neighborhood Design Districts.
(g) 
Review procedures, modifications and appeals.
Compliance with the provisions of this subchapter shall be the responsibility of the planning manager. Appeals of the provisions of this subchapter shall be made to the board of adjustment as outlined in section 28.02.005 of this zoning ordinance.
(h) 
Supplemental regulations.
Parking in front or side yards. Within front or side yards, off-street surface parking is not permitted on grassed and non-paved areas.
(i) 
Development standards for Neighborhood Design Districts.
(1) 
Building height.
Except where these regulations are superseded, the maximum building height for development subject to this subchapter is thirty-five (35) feet. Section 28.03.024(c) (height limit exceptions) does not apply to development subject to this subchapter, except for allowances for belfries, ornamental towers or spires, antennas and flagpoles. Building height shall be measured under the requirements defined in the definition of “height” in subsection (e) of this section.
(2) 
Front yard setback.
(A) 
Minimum setback required.
The minimum front yard setback required for development subject to this subchapter is the average front yard setback, as provided in subsection (B) below.
(B) 
Average front yard setback.
(i) 
An average front yard setback is determined based on the setbacks of each principal residential structure that is built within 50 feet of its front lot line.
(ii) 
Except as provided in paragraph (iii), the four structures that are closest to the subject property on the same side of the block shall be used in the calculation of average front yard setback. If there are less than four structures on the same side of the block, the lesser number of structures is used in the calculation.
(iii) 
If there are no structures on the same side of the block, the four structures that are closest to the subject property and across the street are used in the calculation. If there are less than four structures across the street, the lesser number is used in the calculation. See figure 1.
Figure 1: Average Front Yard Setback
In this example, the minimum required front setback in the underlying zoning district is 25 feet. However, because of the variety of existing setbacks of buildings on the same block face, new development on lot C may be located with a setback of only 20 feet, which is the average of the setbacks of lots B, D, and E. The building on lot A is not included in the average because it is located more than 50 feet from the property line.
(3) 
Rear yard setback.
The minimum rear yard setback in a Neighborhood Design District shall be twenty-five (25) feet.
(4) 
Side yard setback.
The minimum side yard setback in a Neighborhood Design District shall be as follows:
(A) 
For an interior lot the setback shall be five (5) feet for one-story buildings and seven and one-half feet (7.5) for multi-story buildings.
(B) 
For a corner lot backing up to an abutting side yard: Fifteen (15) feet.
(C) 
For a corner lot backing up to an abutting rear yard: Ten (10) feet.
(5) 
Setback planes.
This subsection prescribes side and rear setback planes in order to minimize the impact of new development and rear development on adjacent properties. A structure may not extend beyond a setback plane except as authorized by subsection (7) below. The height of a setback plane shall be measured under the requirements defined in the definition of “height” in subsection (e) of this section.
(A) 
Side setback plane.
Except as provided in subsection (7) below, an inwardly sloping 45-degree angle side setback plane begins at a horizontal line fifteen (15) feet directly above the side property line. See figure 2.
Figure 2: Side and Rear Setback Planes Measured from Side/Rear Property Line
In this illustration, the side or rear setback plane is shown as a line extending 15 feet above the side or rear property line and then angled inward at a 45° angle.
(B) 
Rear setback plane.
Except as provided in subsection (7) below, an inwardly sloping forty-five (45) degree angle rear setback plane begins [at] a horizontal line fifteen (15) feet directly above the rear property line.
(6) 
Buildable area.
The buildable area, as defined in subsection (e) of this section, consists of the smallest area within the front, side, and rear yard setbacks; maximum height limit; and the combined side and rear setback planes.
Figure 3: Side Setback Plane Measured from Side Property Line
In this illustration, the side and rear setback planes are shown as lines extending 15 feet above the side and rear property lines and then angled inward at a 45° angle.
(7) 
Exceptions.
A structure may not extend beyond a yard setback line or a setback plane, except for:
(A) 
A roof overhang or eave, up to eighteen (18) inches beyond the setback plane;
(B) 
A chimney, vent, antenna, or energy conservation or production equipment or feature not designed for occupancy; and
(C) 
Gable roof and dormer exceptions (see figure 4):
(i) 
Side-gabled roof exception.
A side-gabled roof structure on each side of the building, with a total horizontal length of not more than eighteen (18) feet on each side of the building, measured along the intersection with the setback plane;
(ii) 
Dormers exception.
Dormers, with a total horizontal length of not more than fifteen (15) feet on each side of the building, measured along the intersection with the setback plane.
Figure 4: Gable and Dormer Exception
In this illustration, a side-gabled roof may encroach into the setback plane for not more than 18' in width. Also shown are dormers which may encroach into the setback plane not more than a total width of 15'.
(Ordinance 07-095, sec. 1, adopted 9/25/07)
(a) 
Use of land and buildings.
Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, "special conditions" and all other requirements of the zoning ordinance.
(b) 
Permitted use table.
The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district subject to (1) providing of off-street parking in the amounts required by reference to the "parking group" column, and (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the "parking group" column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use and (3) obtaining a specific use permit as set forth in section 28.04.001. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use.
(c) 
Uses not listed.
Primary uses not listed in the permitted use table may be permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district, and be similar in traffic-generating capacity, noise, vibration, dust, odor glare and heat producing characteristics.
(d) 
Accessory use.
A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premises as the primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use.
(e) 
Standard Industrial Classification (SIC) group numbers.
The group description in the 1987 Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses when reference is made in the tables to a designated standard industrial classification (SIC) group number. Such SIC manual shall be filed in the office of the city clerk for public inspection during business hours.
Zoning District
Permitted Primary Use
 
 
A-R
R-S
RM-M
RM-H
RCR
RCR -H
NC
NSC
GC-MD
GC-MD-2
CBD
CM
LI
HI
PUD
SIC Group
Parking Group
Special Cond.
P
P
P
01
Agricultural production—crops (except as noted)
40
P
S
P
P
P
S
S
P
P
P
S
018
Horticultural specialties (including retail sales)
8
P
P
02
Agricultural production—livestock
15
P
P
P
P
S
07
Agricultural services (except as noted)
7
P
S
P
P
P
S
S
P
P
P
S
074
Veterinary services
14
17
P
S
S
S
S
S
P
P
P
S
0752
Kennels
14
17
S
P
P
S
S
P
P
P
S
076
Farm labor and management services (except as noted)
14
P
S
S
P
P
S
P
P
P
P
S
078
Landscape/horticultural services (except as noted)
14
P
S
S
S
P
P
P
S
0782
Lawn and garden services
14
P
S
S
S
P
P
P
S
0783
Tree services
7
P
08
Forestry
6
P
09
Fishing, hunting and trapping
7
S
P
10
Metal mining
7
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
13
Oil and gas extraction
7
S
P
14
Mining and quarrying of nonmetallic minerals, except fuels
7
S
S
S
P
P
P
S
15
Building construction—general contractors
7
23
S
S
S
P
P
P
S
16
Heavy construction other than building construction
7
23
S
S
S
P
P
P
S
Construction-special trade constractors
7
23
S
S
P
20
Food and kindred products (except as noted)
7
18
S
P
P
2013
Sausage and other prepared meat products
7
18
S
P
P
202
Dairy products
7
18
S
P
P
203
Canned and preserved fruit and vegetables
7
18
S
P
P
2045
Prepared flour mixes and doughs
7
18
S
S
P
P
P
P
205
Bakery products
7
18
S
S
P
P
P
P
2064-67
Candy and other confectionery products
7
18
S
P
P
2085
Distilled and blended liquors
7
18
S
P
P
2086
Bottled and canned soft drinks and carbonated waters
7
18
S
P
P
2087
Flavoring extracts and syrups, not elsewhere classified
7
18
S
P
P
209
Miscellaneous food preparations and kindred products
7
18
S
P
P
21
Tobacco products
7
18
S
P
P
22
Textile mill products
7
18
S
P
P
P
23
Apparel and other finished products made from fabrics and similar materials
7
18
S
P
24
Lumber and wood products, except furniture (except as noted)
7
18
S
P
P
243
Millwork, veneer, plywood, and structural wood members
7
18
S
P
P
244
Wood containers
7
18
S
P
P
2499
Wood products, not elsewhere classified
7
18
S
P
P
25
Furniture and fixtures
7
18
S
P
26
Paper and allied products (except as noted)
7
18
S
P
P
265
Paperboard containers and boxes
7
18
S
P
P
267
Converted paper and paperboard products, except containers and boxes
7
18
S
S
S
P
P
P
27
Printing, publishing and allied industries
7
S
P
28
Chemicals and allied products (except as noted)
7
S
P
P
283
Drugs
7
S
2892
Explosives
7
S
P
29
Petroleum refining and related industries (except as noted)
7
S
S
P
295
Temporary batching plants
7
10
S
P
30
Rubber and miscellaneous plastic products
7
18
S
P
P
31
Leather and leather products (except as noted)
7
18
S
P
311
Leather tanning and finishing
7
18
S
P
P
32
Stone, clay, glass and concrete products (except as noted)
7
18
S
P
P
324
Cement, hydraulic
7
18
S
P
P
327
Concrete, gypsum and plastic products (except as noted)
7
18
S
S
P
3273
Temporary batching plant
7
18
S
P
329
Abrasive, asbestos, and miscellaneous nonmetallic mineral products
7
18
S
P
33
Primary metal industries
7
S
P
P
34
Fabricated metal products, except machinery and transportation equipment (except as noted)
7
18
S
P
3441
Fabricated structural steel
7
18
S
P
3443
Fabricated plate work (boiler shops)
7
18
S
P
346
Metal forgings and stampings
7
18
S
P
348
Ordnance and accessories except vehicles and guided missiles
7
18
S
P
349
Miscellaneous fabricated metal products
7
18
35
Industrial and commercial machinery and computer equipment (as noted)
18
S
P
351
Engines and turbines
7
18
S
P
3523
Farm machinery and equipment
7
18
S
P
P
3524
Garden tractors and lawn and garden equipment
7
18
S
P
353
Construction, mining and materials handling machinery and equipment
7
S
P
P
354
Metalworking machinery and equipment
7
18
S
P
P
355
Special industrial machinery except metalworking machines
7
18
S
P
356
General industrial machinery and equipment
7
18
S
S
P
P
357
Computer and office equipment
7
18
S
P
P
358
Refrigeration and service industry machinery
7
18
S
P
P
359
Miscellaneous industrial and commercial machinery and equipment
7
18
S
S
S
P
P
P
36
Electronic and other electrical equipment
7
S
P
37
Transportation equipment (except as noted)
7
18
S
P
P
P
S
3732
Boat building and repair
7
S
S
S
P
P
P
38
Measuring, analyzing, and controlling instruments; photographic; medical and optical goods; watches and clocks
7
S
S
S
S
P
P
39
Miscellaneous manufacturing industries
7
S
S
S
P
P
P
S
40
Railroad transportation
7
S
S
S
P
P
P
S
41
Local, suburban, transit and interurban highway passenger transportation (except as noted)
7
P
S
S
P
P
P
S
4119
Local passenger transportation, not elsewhere classified
7
S
S
S
P
P
P
S
42
Motor freight transportation and warehousing
20
20
S
S
P
P
P
P
S
4225
General warehousing and storage
S
P
S
P
P
P
P
S
43
U.S. postal service
7
S
S
P
P
S
44
Water transportation
7
18
S
P
P
P
S
45
Transportation by air (except as noted)
7
S
S
S
S
S
S
S
S
Heliport and helistops
41
16
P
S
P
P
S
S
P
P
P
P
S
P
P
P
S
46
Pipelines, except natural gas
S
S
S
P
P
P
S
47
Transportation services (except as noted)
7
S
S
S
S
P
S
P
P
P
P
S
4724
Travel agencies
14
S
S
P
P
S
S
P
P
P
S
48
Communications
7
S
S
P
P
S
P
P
P
P
S
TV/radio broadcasting/podcast
7
S
S
S
P
P
P
S
49
Electric, gas, and sanitary service (except as noted)
7
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
4971
Irrigation systems
7
S
S
S
P
P
P
S
50
Wholesale trade - durable goods (except as noted)
8
S
S
P
S
5015
Motor vehicle parts, used
8
S
S
P
P
P
P
S
5074
Plumbing and heating equipment and Spls.
S
S
P
S
5093
Scrap and waste materials
8
S
S
S
P
P
P
S
51
Wholesale trade - nondurable goods (except as noted)
8
S
S
P
P
P
P
S
514
Groceries and related products
S
S
P
S
515
Farm product — raw materials
8
S
S
P
S
5169
Chemicals and allied products, not elsewhere classified
8
S
S
P
P
P
P
S
518
Beer, wine and distilled alcoholic beverages
P
P
P
S
S
P
P
P
S
52
Building materials, hardware, garden supply and mobile home dealers (except as noted)
8
13
S
S
S
S
P
P
P
S
527
Mobile home dealers
8
S
P
P
P
S
P
P
P
P
S
53
General merchandise stores
13
13
S
P
P
P
S
P
P
P
P
S
54
Food stores
12
13
55
Auto Dealers and gasoline service stations (except as noted)
13
P
P
S
S
P
P
P
S
551
Motor vehicle dealers (new and used)
24
S
P
S
S
P
P
P
S
552
Motor vehicle dealers (used only)
23
S
P
P
P
S
S
P
P
P
S
553
Auto and home supply stores
13
S
S
P
P
S
S
P
P
P
S
554
Gasoline service stations
38
P
P
S
S
P
P
P
S
555
Boat dealers
24
P
P
S
S
P
P
P
S
556
Recreational and utility trailer dealers
24
P
P
S
S
P
P
P
S
557
Motorcycle dealers
14
S
P
S
S
P
P
P
S
559
Auto dealers, not elsewhere classified
23
S
P
P
P
S
P
P
P
P
S
56
Apparel and accessory stores
13
13
S
P
P
P
S
P
P
P
P
S
57
Home furnishings, furniture and equipment stores
14
13
58
Eating and drinking places (as noted)
S
S
S
P
P
S
P
P
P
P
S
5812
Eating places (Inc. carry out caterers)
26(9)
11, 31
S
S
S
S
P
P
P
S
5813
Drinking places
26
S
S
S
P
P
P
S
2082
Brewpubs
26
S
S
S
P
P
P
S
2084
Wineries
26
S
S
S
P
P
P
S
2085
Distillery
7
59
Miscellaneous Retail (as noted)
13
S
P
P
P
S
P
P
P
P
S
591
Drug stores and propriety stores
13
S
P
P
S
S
P
P
P
S
592
Liquor stores
13
S
P
P
P
S
P
P
P
P
S
593
Used merchandise stores
14
21
S
P
P
P
S
P
P
P
P
S
5941
Sporting goods and bicycle shops
13
S
P
P
P
S
P
P
P
P
S
5942
Book stores (general)
13
P
P
P
5942
Book stores (adult) (including gifts and novelties)
13
2
S
P
P
P
S
P
P
P
P
S
5943
Stationery stores
13
S
P
P
P
S
P
P
P
P
S
5944
Jewelry stores
13
S
P
P
P
S
P
P
P
P
S
5945
Hobby, toy and game shops
13
S
P
P
P
S
P
P
P
P
S
5946
Camera and photography supply stores
13
S
P
P
P
S
P
P
P
P
S
5947
Gift, novelty and souvenir stores
13
S
P
P
P
S
P
P
P
P
S
5948
Luggage and leather goods stores
13
S
P
P
P
S
P
P
P
P
S
5949
Sewing, needlework and piece goods stores
13
S
P
P
P
S
P
P
P
P
S
596
Non-store retailers
7
S
P
P
P
S
S
P
P
P
S
598
Fuel dealers
15
S
P
P
P
S
S
P
P
P
S
599
Retail stores, not elsewhere classified
13
S
P
P
P
S
P
P
P
P
S
60
Depository institutions
14
S
P
P
P
S
P
P
P
P
S
61
Non-depository institutions
14
S
S
P
P
P
S
P
P
P
P
S
62
Security and commodity brokers, dealers, exchanges, and services
14
S
S
S
P
P
P
S
P
P
P
P
S
63
Insurance carriers
14
S
S
S
P
P
P
S
P
P
P
P
S
64
Insurance agents, brokers, and service
14
S
S
S
P
P
P
S
P
P
P
P
S
65
Real estate (except as noted)
14
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
6553
Cemetery subdivision and developers (subject to state statutes)
41
S
S
S
P
P
P
S
P
P
P
P
S
67
Holding and other invest, offices
14
70
Hotels, rooming houses, camps, and other lodging places (as noted)
S
S
P
P
P
S
S
P
S
P
S
Short-term rentals
41
S
P
S
S
P
P
P
S
701
Hotels, motels and tourist camps
1
S
S
S
S
S
S
S
S
701
Bed and breakfast facilities
42
22
S
S
S
S
S
S
S
702
Rooming and boarding houses
1
S
S
S
S
S
S
S
S
S
S
703
Camps and recreational vehicle parks
5
28
S
S
S
P
S
S
S
704
Organization hotels and lodging houses, on membership basis
1
72
Personal services (as noted)
S
P
P
P
S
P
P
P
S
7211
Power laundries, family and commercial
7
S
P
P
P
S
P
P
P
P
S
7212
Garment pressing and agents for laundries and dry cleaning
7
S
P
P
P
S
P
P
P
P
S
7213
Linen supply
7
S
S
P
P
P
S
S
P
P
P
S
7215
Coin-operated laundries and dry cleaning
39
S
P
P
P
S
P
P
P
S
7216
Dry cleaning plants
7
S
P
P
P
S
P
P
P
S
7217
Carpet and upholstery cleaning
7
S
P
P
P
S
S
P
P
P
S
7218
Industrial launderers
7
S
P
P
P
S
S
P
P
P
S
7219
Laundry and garment services, not elsewhere classified
7
S
S
P
P
P
S
P
P
P
P
S
722
Photographic studios, portrait
14
S
S
P
P
P
S
P
P
P
P
S
723
Beauty shops
11
S
S
P
P
P
S
P
P
P
P
P
724
Barber shops
11
S
P
P
P
S
P
P
P
P
S
725
Shoe repair shops, shoe shine parlors and hat cleaning shops
13
S
S
S
S
S
S
P
P
P
S
726
Funeral service and crematories
25
S
P
P
P
S
P
P
P
P
S
729
Misc. personal services (except as noted)
14
P
P
P
Massage parlors
14
P
P
P
Adult modeling or photo studio
14
S
S
P
P
P
S
P
P
P
P
S
7291
Tax preparation services
14
73
Business services (as noted)
S
S
S
P
P
P
S
P
P
P
P
S
7311
Advertising agencies
14
S
S
S
S
S
P
P
P
S
7312
Outdoor advertising services
14
S
S
S
P
P
P
S
P
P
P
P
S
7313
Radio, television and publishers' advertising representatives
7
S
S
P
P
P
S
P
P
P
P
S
7319
Advertising, not elsewhere classified
14
S
S
S
P
P
P
S
P
P
P
P
S
732
Consumer credit reporting agencies, mercantile reporting agencies and adjustment and collection agencies
14
S
S
S
P
P
P
S
P
P
P
P
S
733
Mailing, reproduction, commercial art and photography, and stenographic services
14
S
S
S
P
P
S
S
P
P
P
S
734
Services to dwellings and other buildings
7
S
S
S
P
P
P
S
735
Miscellaneous equipment rental and leasing (as noted)
7
13
S
S
P
P
P
S
P
P
P
P
S
7352
Medical equipment rental and leasing
7
13
S
S
S
P
P
P
S
7353
Heavy const equipment rental and leasing
7
13
S
S
S
P
P
P
S
7359
Equipment rental and leasing, not elsewhere classified
7
13
736
Personnel supply services (as noted)
S
S
S
S
P
P
S
P
P
P
P
S
7361
Employment agencies
14
S
S
P
P
S
S
P
P
P
S
7633
Help supply services
14
S
S
S
P
P
S
P
P
P
P
S
737
Computer and data processing services and other computer related services
14
S
S
S
P
P
S
S
P
P
P
S
738
Miscellaneous business services (except as noted)
14
13
S
S
S
S
P
P
S
S
P
P
P
S
7389
Business services, not elsewhere classified (of a general office character)
7/14
P
P
S
P
P
P
S
P
P
P
P
S
Administrative offices of general business
41
75
Automotive repair services, and parking (as noted)
S
S
S
P
S
S
P
P
P
S
751
Automobile rental and leasing
24
S
S
S
P
S
S
P
P
P
S
752
Automobile parking
0
26, 30
S
S
S
P
S
S
P
P
P
S
7532
Top and interior repair shops
19
9
S
S
S
P
P
P
S
7532
Paint and body repair shops
19
9
S
P
P
S
P
P
P
S
7533
Automotive exhaust system repair shops
19
9
S
S
S
P
P
P
S
7534
Tire retreading shops
19
S
S
P
P
S
S
P
P
P
S
7534
Tire repair shops
19
9
S
P
P
S
P
P
P
S
7536
Automotive glass replacement shops
19
9
S
P
P
S
P
P
P
S
7537
Automotive transmission repair shops
19
9
S
S
P
P
S
S
P
P
P
S
7538
General automotive repair shops
19
9
S
S
P
P
S
S
P
P
P
S
7539
Automotive repair shops, not elsewhere classified
19
9
S
S
P
P
S
S
P
P
P
S
754
Automotive services, except repair
19
15
76
Miscellaneous repair services (as noted)
S
P
P
P
S
P
P
P
P
S
762
Electrical repair shop
13
S
S
P
P
P
S
P
P
P
P
S
763
Watch, clock, and jewelry repair
13
S
S
S
P
P
S
S
P
P
P
S
764
Reupholstery and furniture repair
14
S
S
S
P
P
P
S
765
Welding repair
7
S
S
S
P
P
P
S
7694
Armature rewinding shop
7
S
P
P
S
S
P
P
P
S
7699
Repair shops and related services, not elsewhere classified
7
78
Motion pictures (as noted)
2
S
S
P
P
S
P
P
P
P
S
781
Motion picture production and allied services
7
S
S
P
P
S
P
P
P
P
S
782
Motion picture dist. and allied services
7
S
S
P
P
S
P
P
P
P
S
7832
Motion picture theaters (except drive-in)
25
P
P
P
7832
Adult motion picture theaters
25
2
P
S
S
P
P
P
S
7833
Drive-in motion picture theaters
6
S
P
P
P
S
P
P
P
P
S
7841
Video tape rental
14
2
79
Amusement and recreation services, except motion pictures (as noted)
2
S
S
S
P
P
S
P
P
P
P
S
791
Dance studios, schools and halls
14
S
S
P
P
S
P
P
P
P
S
792
Theatrical producers, bands, orchestras and entertainers
14
S
S
P
P
S
P
P
P
P
S
793
Bowling centers
32
S
S
P
P
P
P
S
794
Commercial sports
25
S
P
P
P
S
P
P
P
P
S
7991
Physical fitness facilities
14
P
P
P
P
P
P
P
P
P
S
P
P
P
P
7992
Public golf courses
33
S
S
P
P
S
P
P
P
P
S
7993
Coin-operated amusement devices
12
Gaming rooms and devices
S
P
P
S
S
P
P
P
S
7996
Amusement parks
41
S
S
S
S
S
P
P
P
S
P
P
P
P
P
7997
Membership sports and rec. clubs
13
S
S
S
S
S
S
P
P
S
S
P
P
P
P
7999
Amusement and recreation services, not elsewhere classified (except as listed)
41
S
S
S
S
S
S
P
P
S
P
P
P
P
Gymnastics/tumble instruction
41
S
S
S
S
S
S
P
P
S
P
P
P
P
Judo/karate/MMA/instruction
41
S
S
S
S
S
S
P
P
S
P
P
P
P
Yoga instruction
41
80
Health services (as noted)
S
S
S
P
P
P
S
P
P
P
P
S
801
Offices and clinics of doctors of medicine
14
S
S
S
P
P
P
S
P
P
P
P
S
802
Offices and clinics of dentists
14
S
S
S
P
P
P
S
P
P
P
P
S
803
Offices and clinics of doctors of osteopathy
14
S
S
S
P
P
P
S
P
P
P
P
S
804
Offices and clinics of other health practitioners including massage therapists
14
S
S
P
P
P
S
P
P
P
P
S
805
Nursing and personal care facilities
28
S
S
S
S
S
S
P
P
S
P
P
P
P
S
806
Hospitals
28
S
S
P
P
P
S
P
P
P
P
S
807
Medical and dental laboratories
7
S
S
S
P
P
P
S
P
P
P
P
S
808
Home health care facilities
14
S
S
S
S
S
S
P
P
P
S
P
P
P
P
S
809
Miscellaneous health and allied services, not elsewhere classified
18
S
S
S
P
P
P
S
P
P
P
P
S
81
Legal services
14
82
Educational services (as noted)
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
821
Elementary schools
30
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
821
Secondary schools
30/31
S
P
P
S
S
P
P
P
S
822
Colleges, universities, professional schools and junior colleges
30/31
P
S
S
P
P
P
P
P
P
S
P
P
P
P
P
823
Libraries
8
S
P
P
P
S
S
P
P
P
P
824
Vocational schools
30/31
S
P
P
P
S
S
P
P
P
S
829
Schools and educational services, not elsewhere classified
30/31
S
S
P
P
P
S
P
P
P
P
S
8299
Tutoring
30/31
S
S
S
P
P
P
S
S
P
P
P
S
83
Social services (except as noted)
41
S
S
S
P
P
P
S
P
P
P
P
S
8322
Administration office for social services
S
S
S
S
S
S
S
S
S
S
8351
Home-based care
41
P
P
P
S
S
P
P
P
S
8351
Center-based care
41
P
P
S
P
S
S
S
8361
Residential care (except as noted)
41
19
S
S
S
S
S
S
S
Halfway homes for delinquents and offenders
41
19
S
S
S
P
P
P
S
P
P
P
P
S
84
Museums, art galleries, botanical, and zoological gardens
86
Membership organizations (as noted)
18
S
S
S
P
P
S
P
P
P
P
S
861
Business associations
14
S
S
S
P
P
S
P
P
P
P
S
862
Professional membership organizations
14
S
S
P
P
S
P
P
P
P
S
863
Labor unions and similar labor organ
14
S
S
P
P
S
P
P
P
P
S
864
Civic, social and fraternal associations
14
S
S
S
P
P
S
P
P
P
P
S
865
Political organizations
14
S
S
S
S
S
S
S
P
P
S
P
P
S
S
S
866
Religious organizations
18
S
S
S
P
P
S
P
P
S
S
S
869
Membership organizations, not elsewhere classified
14
S
S
S
P
P
P
S
P
P
P
P
S
87
Engineering, accounting, research (commercial and noncommercial), management and related services (except as noted)
14
S
S
S
S
P
S
P
P
P
P
S
873
Research, development and testing services (except as noted)
7
S
S
P
P
P
P
S
8734
Testing laboratories
14
S
S
S
P
P
P
S
S
P
P
P
S
89
Services not elsewhere classified
14
91-97
Government uses (Public-Admin.)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Federal, state and local government, excluding districts and authorities
14
S
S
S
S
S
S
S
P
P
S
P
P
P
P
S
Districts and authorities
14
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
99
Non-classifiable establishments (except as noted)
41
S
S
S
S
S
S
S
S
9991
Jails, correctional facilities, detention centers, prisons and prison camps, privately owned and operated
41
Nonclassified uses
Residential uses
P
P
P
P
P
P
P
P
Single-family dwellings
3
27
S
S
P
P
P
S
P
S
Two-family dwellings
3
27
P
P
S
S
P
S
P
S
Multifamily dwellings
2
P
P
P
P
P
S
S
P
Cluster housing
3
1
S
S
S
S
S
Mobile home park
4
4
S
S
S
S
S
Mobile home subdivision
4
4
P
P
P
P
P
P
S
Model dwelling unit
3
P
P
P
P
P
P
S
P
Family home (see definition)
41
Accessory residential uses
P
P
P
P
P
P
P
P
P
P
Accessory building, structure or use
7/14
S
P
P
P
S
P
S
Garage apartment
1
5
P
P
P
P
P
P
P
P
Home occupation
14
S
S
P
P
S
S
P
S
P
P
Accessory dwelling unit
1
6
P
P
P
P
P
P
P
P
S
P
Private recreational facility
8
P
P
P
P
P
P
P
P
P
P
Swimming pool
3
P
P
P
P
P
P
P
P
S
P
Solar collectors
P
P
P
P
P
P
P
P
S
P
Temporary portable storage containers
25
Public utilities
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Cable television, transmission line
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Electrical transmission line
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Fiber optic cable communications line
S
S
S
S
P
P
P
S
Electrical generating plant
41
S
S
S
S
S
S
S
S
S
S
S
P
P
P
S
Electrical substation
41
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Local utility service line
41
S
S
S
S
S
S
Radio, television, microwave and cellular telephone transmission towers
41
24
S
S
S
S
S
S
S
S
S
S
S
S
P
P
S
Railroad tracks and switching yards
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Sewage pumping station
41
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Sewage treatment facilities
41
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Telephone exchange, switching relay or transmitting station
41
S
S
S
P
P
P
S
Utility service or storage yard or buildings
41
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
Water standpipe or elevated water supply, water-reservoir well or pumping station
41
P
P
P
P
P
P
P
P
P
P
S
P
P
P
S
Water treatment plant
41
S
P
P
P
P
S
S
P
P
P
S
Utility business office
41
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-51, sec. 1, adopted 7/14/81; Ordinance 81-58, sec. 2, adopted 7/28/81; Ordinance 81-79, secs. 2, 4, adopted 10/6/81; Ordinance 82-88, sec. 1, adopted 8/17/82; Ordinance 82-99, sec. 1, adopted 8/31/82; Ordinance 82-109, sec. 4, adopted 9/14/82; Ordinance 82-134, sec. 2, adopted 12/14/82; Ordinance 83-10, sec. 1, adopted 1/25/83; Ordinance 83-45, sec. 1, adopted 4/26/83; Ordinance 84-12, sec. 1, adopted 1/17/84; Ordinance 84-13, sec. 1, adopted 1/17/84; Ordinance 86-89, sec. 2, adopted 8/26/86; Ordinance 87-33, secs. 1, 3, 10, 12, adopted 4/28/87; Ordinance 87-74, sec. 2, adopted 9/22/87; Ordinance 89-10, sec. 2, adopted 2/28/89; Ordinance 89-14, sec. 1, adopted 3/7/89; Ordinance 92-62, sec. 2, adopted 8/11/92; Ordinance 92-63, sec. 2, adopted 8/25/92; Ordinance 93-69, sec. 1, adopted 11/23/93; Ordinance 98-7, sec. 4, adopted 2/3/98; Ordinance 04-054, sec. 1, adopted 7/27/04; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/29/05; Ordinance 06-036, sec. 2, adopted 7/11/06; Ordinance 06-062, sec. 1, adopted 9/26/06; 1978 Code, sec. 30-24; Ordinance 07-096, sec. 2, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 2, adopted 8/26/08; Ordinance 08-097, sec. 1, adopted 11/4/08; Ordinance 08-106, sec. 3, adopted 11/25/08; Ordinance 09-020, sec. 1, adopted 4/28/09; Ordinance 10-041, sec. 1, adopted 6/8/10; Ordinance 10-049, sec. 1, adopted 6/29/10; Ordinance 11-021, sec. 1, adopted 3/8/11; Ordinance 12-074, sec. 9, adopted 9/25/12; Ordinance 12-084, secs. 1–2, adopted 10/30/12; Ordinance 13-003, sec. 3, adopted 1/15/13; Ordinance 13-004, sec. 7, adopted 1/15/13; Ordinance 13-012, sec. 1, adopted 2/26/13; Ordinance 17-071 adopted 10/24/17; Ordinance 18-062 adopted 10/23/18; Ordinance 24-078 adopted 12/17/2024; Ordinance 25-044 adopted 8/5/2025; Ordinance 25-045 adopted 8/5/2025; Ordinance 25-071 adopted 12/2/2025; Ordinance 26-001 adopted 1/6/2026)
(a) 
No lot, parcel, premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area, width, depth, yard and height regulations as set forth in the tables labeled “Area and Height Regulations.”
(b) 
Area and height regulations shall be as follows:
AREA AND HEIGHT REGULATIONS
1. RESIDENTIAL
Zoning District
Lot Area Minimum
(square feet)
Lot Depth Minimum
(feet) 5†
Yards, Minimum
(feet)
Height Maximum
(feet) 3† 7†
Front 8† 13†
Rear †* 14†
Side
Interior* 4† 11†
Exterior
(corner lot)
Per Lot 5† 6†
Per Dwelling Unit
Lot Width Minimum
(feet) 5†
backing up to an abutting side yard
backing up to an abutting rear yard
A-R Agricultural-Residential
43,560
43,560
200
200
25
25
25
25
25
35
RS Single-Family Dwelling
5,000
5,000
50
100
25
25
5*
15
10
35
RM-M Medium Density Multiple-Family Dwelling
5,000
2,450
50
100
25
20
5*
15
10
35
RM-H Highest Density Multiple-Family Dwelling
5,000
1,500
50
100
25
25
5*
15
10
45
RCR Residential Conservation and Revitalization
5,000
1,500
50
100
25
25
5*
15
10
45
RCR-H
5,000
1,500
50
100
25
25
5*
15
10
45
Notes:
*  A 7.5-foot minimum yard shall be required for buildings with two or more stories.
†  These numbers refer to exceptions enumerated in subsection 28.03.024(c).
AREA AND HEIGHT REGULATIONS
2. COMMERCIAL DISTRICTS
Zoning Districts 10
Lot Area Minimum
(square feet) 5†
Lot Width Minimum
(feet) 5†
Lot Depth Minimum
(feet) 5†
Yards, Minimum
(feet)
Height Maximum
(feet) 7†
Front
Rear 14† 15†
Side
Interior 4†
Exterior
When abutting property in a residential district 3†
When abutting property in a nonresidential district
When backing up to an abutting side yard 16†
When backing up to an abutting rear yard
N-C Neighborhood Commercial
7,500
75
100
20
15
15
5
25
10
35
OP Office Park
10,000
100
100
25
25
10
10
25
10
35
NSC Neighborhood Shopping Center
87,120
(2 acres)
200
200
20
15
25
5
20
10
none
GC-MD General Commercial- Multiple-Family
7,500
75
100
20
15
20
5
20
10
none
GC-MD-2 General Commercial Multiple-Family
7,500
75
100
20
15
20
5
20
10
none
CBD Central Business District
none
none
none
none
none
25
none
none
none
none
C-M Commercial Manufacturing
10,000
100
100
25
25
25
5
25
10
none
Notes
†  These numbers refer to exceptions enumerated in subsection 28.03.024(c).
AREA AND HEIGHT REGULATIONS
3. INDUSTRIAL DISTRICTS
Zoning Districts
Lot Area Minimum
(square feet) 5† 
Lot Width Minimum
 (feet) 5†
Lot Depth Minimum
(feet) 5† 
Yards, Minimum
(feet) 9, 12†
Height Maximum
(feet) 7† 
Abutting street ROW
When abutting other property lines
When across street from nonresidential districts
When across street from residential districts
In a nonresidential district 2, 4†
In a residential district 3†
Light Industrial (L-I)
10,000
100
100
25
40
5
25
none
Heavy Industrial (H-I)
20,000
100
100
25
50
5
50
none
Notes:
†  These numbers refer to exceptions enumerated in subsection 28.03.024(c).
(c) 
Area and height exceptions.
(1) 
In residential districts one-story, unattached accessory buildings or structures less than twenty (20) feet in height may be located to within two and one-half (2-1/2) feet from an interior side yard or rear yard property line provided they are located in the rear yard or as close to the rear yard as existing utility easements will permit; provided, however, that an accessory building or structure cannot cover more than sixty (60) percent of a rear yard.
(2) 
In an industrial district, no structural setback shall be required from a railroad right-of-way not less than fifty (50) feet in width.
(3) 
A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one (1) foot of required yard for each two (2) feet of additional height. In NC, NSC, GCMD, GC-MD-2, C-M, LI and HI Districts the minimum interior side yard which abuts any property located in an A-R, RS, RM-M, RCR or RCR-H District shall be increased by one (1) foot for each two (2) feet in height for that portion of any structure or building in excess of forty-five (45) feet in height.
(4) 
Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan.
(5) 
Nonconforming lots of record existing at the time of adoption of this chapter and lots or parcels created as a result of condemnation or involuntary sale by the owner to a government entity with the power of eminent domain, shall be exempt, unless otherwise indicated, from the minimum lot area, depth, and width requirements provided they are developed in accordance with all minimum yard requirements. Multifamily uses shall not be exempt from the minimum lot area requirements.
(6) 
When individual attached townhouses or condominiums are to be sold separately, there shall be no minimum lot area requirement; provided that the total land area of the project, including the land on which the units are located and the land held in common ownership by the unit owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located.
(7) 
The height regulations of this chapter shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, storage towers, flagpoles, monuments, ornamental towers or spires, cranes, construction equipment, smoke stacks, stage towers and scenery lofts, tanks, water towers, ham radio and television antennas, and microwave relay, radio and television transmission towers.
(8) 
Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be fifteen (15) feet.
(9) 
Buildings or structures for existing developments in industrial districts shall be exempt from the minimum yard requirements where the expansion, enlargement or separate addition thereof is limited to land already owned by those businesses or committed to them under long-term leases (or extensions thereof) at the time of the enactment of this chapter unless it abuts a residential zoning district.
(10) 
Permitted residential uses in the CBD, Central Business District, shall not be subject to the restrictions of a more restricted residential district.
(11) 
The zero-lot-line concept which involves locating a residential dwelling with a doorless and windowless wall actually on one interior side yard lot line adjacent to a dwelling with a side yard that is the width of two (2) minimum side yards for the district in which located, shall be permitted when the appropriate building lines, necessary structural restrictions, five-foot maintenance access easement, and a maximum three-foot roof overhang easement are shown on a recorded plat which has been approved by the planning commission.
(12) 
Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter.
(13) 
Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area.
(14) 
Minimum rear yards for lots of record existing at the time of the adoption of this chapter in multiple-family dwelling districts and commercial districts shall be reduced to a minimum of ten (10) percent of the depth of the lot, but not less than a minimum of ten (10) feet.
(15) 
Minimum rear yards in all commercial districts except for C-M shall be reduced to ten (10) feet when the rear yard abuts a commercial district.
(16) 
Exterior side yards when backing up to an abutting side yard in NC, GC-MD, and GC-MD-2 Districts shall be reduced to ten (10) feet.
(17) 
In an RS District, the twenty-five-foot rear yard setback may be reduced to a minimum of fifteen (15) feet provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard, unless:
(A) 
The width of the rear of the main structure that is closer than twenty-five (25) feet to the rear property line (or lines in the case of a five-sided lot which has two (2) rear lot lines) is less than fifty (50) percent of the width of the rear property line(s); and
(B) 
The accessory building is not located in the space behind the portion of the structure that is less than twenty-five (25) feet from the rear property line.
An accessory building can be located as close as two and one-half (2-1/2) feet from the rear or interior side lot lines, or as near as existing utility easements allow, if these two (2) conditions are present.
(18) 
All paved hard surfaces, including but not limited to sidewalks, driveways, pool decks and patios shall be a minimum of two (2) feet from any side or rear property line.
(Ordinance 82-83, sec. 1, adopted 7/27/82; Ordinance 82-134, secs. 3, 10, adopted 12/14/82; Ordinance 83-30, sec. 1, adopted 3/29/83; Ordinance 83-115, sec. 1, adopted 9/27/83; Ordinance 84-11, sec. 1, adopted 1/17/84; Ordinance 87-33, sec. 5, adopted 4/28/87; Ordinance 98-7, sec. 5, adopted 2/3/98; Ordinance 05-034, sec. 2, adopted 3/29/05; 1978 Code, sec. 30-25; Ordinance 08-106, secs. 4, 5, adopted 11/25/08; Ordinance 12-021, sec. 1, adopted 4/24/12; Ordinance 12-031, sec. 9, adopted 6/26/12; Ordinance 12-059, sec. 2, adopted 8/28/12)