(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.
(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.
(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.
(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.
(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.
(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.
(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):
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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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.
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(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)
Attention-getting device.
Banner.
Blockface.
Certificate of appropriateness.
Column.
Contributing structure.
Corner side facade.
Director.
Educational land uses.
Exterior architectural feature.
Fluorescent color.
Front facade.
Furniture, street.
Institutional land uses.
Masonry paver.
Metallic color.
Move-in building.
Preservation criteria.
Rehabilitation.
Sign, fence.
Sign, mobile.
Sign, moving.
Sign, portable.
Trim color.
Definitions.
Unless the context clearly indicates otherwise,
in this section:
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.
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.
All of the lots on one side of a block.
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.
The entire column including the base and capital, if any.
A structure which physically or historically contributes
to the historic value of an historic district.
The main building facade facing the side street.
The director of the planning division or his/her representative.
(See “Institutional land uses.”)
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.
Colors defined (Munsell Book of Color) as having a minimum
chroma value of eight (8) and a maximum of ten (10).
The main building facade facing the street upon which the
main building is addressed.
Man-made, above-ground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters
and phone booths.
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.
A solid brick or block of masonry material used as a paving
material.
A paint color which has pigments that incorporate fine flakes
of bronze, aluminum, or copper metal.
A building that has been moved onto an existing lot.
The standards considered by the director and the historic
landmark commission to determine whether a certificate of appropriateness
should be granted or denied.
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.
Signs attached or affixed to any type of fence.
Signs which are on or, otherwise affixed to, trucks, automobiles,
trailers or other vehicles used primarily to support or display such
signs while parked.
Signs which in whole, or part, do not remain stationary at
all times, regardless of power source which effects movement.
Any sign that is not permanently attached to the ground or
any other structure and is designed to be moved from place to place.
A 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;
(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.
(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.
(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:
(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:
(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.
(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:
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:
(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.
(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).
(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.
(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)
Sign, attached.
Sign banner.
Sign, detached.
Sign, electronic reader board.
Sign, fence.
Sign, mobile.
Sign, moving.
Sign, portable.
Sign, temporary.
Definitions.
Unless the context clearly indicates otherwise,
in this section:
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.
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.
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.
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.
A sign attached or affixed to any type of fence.
A sign which is on or affixed to trucks, automobiles, trailers
or other vehicles used primarily to support or display such signs
while parked.
A sign which in whole, or part, does not remain stationary
at all times, regardless of the power source which affects movement.
Any sign that is not permanently attached to the ground or
any other structure and is designed to be moved from place to place.
A nonilluminated poster or display constructed of paper,
cloth, plastic sheet, cardboard, plywood, or other like materials
that appears to be intended to be displayed for a limited period of
time.
(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:
(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)
Attention-getting device.
Frontage.
Multi-tenant business development.
Sign, billboard.
Sign, banner.
Sign, detached.
Sign, double-faced.
Sign, electronic reader board.
Sign facing.
Sign, fence.
Sign, mobile.
Sign, monument.
Sign, moving.
Sign, on-premises.
Sign, pennant.
Sign, portable.
Sign, temporary.
Single-tenant business establishment.
Tenant separation.
Definitions.
Unless the context clearly indicates otherwise,
in this section:
Any device, other than a permitted sign, that is used to
attract the attention of the public to a particular business, location,
product or service.
That portion of any tract of land which abuts a public street
right-of-way, measured along the street line.
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.
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.
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.
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.
A single sign with two (2) parallel sign faces back-to-back.
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.
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.
A sign attached or affixed to any type of fence.
Signs which are on or, otherwise affixed to, trucks, automobiles,
trailers or other vehicles used primarily to support or display such
signs while parked.
A sign that is an independent structure supported from grade
to the bottom of the sign with the appearance of having a solid base.
A sign which in whole, or part, does not remain stationary
at all times, regardless of the power source which affects movement.
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.
A sign consisting of a series of flags constructed of cloth
or other limp material.
A sign not permanently affixed to the ground or to a building,
which is designed to permit removal and reuse.
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.
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.
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:
(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 of fifty dollars
($50.00) shall be required from the building codes division of the
city for each display period. No banner sign shall be placed on city
right-of-way. Banner signs shall be supported by non-permanent supports
that are not permanently set in the ground. These supports shall be
removed with the sign at the expiration of each allowed time period.
(5)
Attached billboard located on nonprofit recreational facilities.
(h)
Continuation of nonconforming signs.
(1)
All lawful nonconforming signs, other than billboard (billboards)
shall be allowed to exist in the MD Sign Overlay District except as
provided for herein. Provided however, when a nonconforming sign falls
into disrepair, or is damaged by fire, explosion, act of God or other
calamity to the extent that the cost of reconstruction or repair exceeds
fifty (50) percent of the replacement cost of the sign, such nonconforming
signs shall no longer be permitted.
(2)
All nonconforming billboards existing in the MD Sign Overlay District
on the effective date of this provision may be required to be relocated,
reconstructed, or removed by the city council. Any sign required to
be relocated, reconstructed, or removed shall be accomplished in accordance
with the procedures as provided for in chapter 216 of the Texas Local
Government Code.
(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)
(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.
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(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)
Buildable area.
Height.
Definitions.
Unless the context clearly indicates otherwise,
in this section:
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.
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:
(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.
|
(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 CONTRACTORS
|
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 PROUCTS
|
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
|
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
|
S
|
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
|
|
|
|
|
2082
|
Brewpubs
|
26
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
|
|
|
|
2084
|
Wineries
|
26
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
Nonstore 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
|
NONDEPOSITORY 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
|
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
|
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
|
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
|
S
|
P
|
P
|
P
|
S
|
7216
|
Dry Cleaning Plants
|
7
|
|
|
|
|
|
|
S
|
|
P
|
P
|
P
|
S
|
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
|
S
|
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
|
S
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
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
|
S
|
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
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
S
|
P
|
S
|
|
Gaming Rooms and Devices
|
12
|
|
|
|
|
|
|
|
|
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
|
26
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
S
|
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
|
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 AND 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 NON-COMMERCIAL),
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
|
NONCLASSIFIABLE 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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
NON-CLASSIFIED USES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RESIDENTIAL USES
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
S
|
|
|
|
P
|
|
Single-Family Dwellings
|
3
|
27
|
|
S
|
S
|
P
|
P
|
P
|
S
|
|
|
|
|
S
|
|
|
|
S
|
|
Two-Family Dwellings
|
3
|
27
|
|
|
|
P
|
P
|
S
|
S
|
|
|
P
|
S
|
S
|
|
|
|
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
|
|
|
|
|
|
|
|
|
S
|
|
Garage Apartment
|
1
|
5
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
|
|
|
|
P
|
|
Home Occupation
|
14
|
|
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
P
|
S
|
S
|
|
|
|
P
|
|
Servant’s or Caretaker’s Quarters
|
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)
(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)
