FEASIBILITY STUDY
for
Beaumont, Texas
PREPARED FOR
Humane Society of Southeast Texas 2050 Spindletop Road Beaumont, TX 77705
January, 2019
T.B.P.E FIRM No. 1160 T.X.L.S FIRM No. 100186 1405 CORNERSTONE COURT BEAUMONT, TEXAS 77706 (409) 832-7238 C O N T E N T S
EXECUTIVE SUMMARY
FEASIBILITY STUDY
APPENDICES
APPENDIX A – CITY OF BEAUMONT ZONING MAP
APPENDIX B – CITY OF BEAUMONT SPECIFIC USE PERMIT
APPENDIX C – CITY OF BEAUMONT BUILDING PERMIT APPLICATION
APPENDIX D – CITY OF BEAUMONT ZONING ORDINANCE
APPENDIX E – CITY OF BEAUMONT PLANNING AND ZONING CALENDAR
APPENDIX F – CITY OF BEAUMONT BOARD OF ADJUSTMENT CALENDAR
APPENDIX G – CITY OF BEAUMONT WATER AND SEWER RATES
APPENDIX H – CITY OF BEAUMONT GRADING PERMIT APPLICATION
APPENDIX I – SITE FEMA FLOOD MAPS
APPENDIX J – SITE SURVEY
APPENDIX K – PRELIMINARY SITE PLAN
APPENDIX L – CITY OF BEAUMONT BUILDING PERMIT FEE SCHEDULE
APPENDIX M – CITY OF BEAUMONT WATER MAP
APPENDIX N– CITY OF BEAUMONT SANITARY SEWER MAP
APPENDIX O – CITY OF BEAUMONT STORM SEWER MAP
APPENDIX P – CENTERPOINT GAS MAP
APPENDIX Q – NOAA AERIAL HARVEY IMAGE Fittz&Shipman INC. Consulting Engineers and Land Surveyors
Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Donald R. King, P.E. Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E. Billy J. Smith, Jr., President Jason R. Davis, P.E. Daniel A. Dotson, P.E., Vice-President Mitchell L. Brackin, R.P.L.S.
January 8, 2019
Sara Brooke Humane Society of Southeast Texas 2050 Spindletop Road Beaumont, Texas 77705 FS Proj. No. 18169
RE: Executive Summary Feasibility Study for the Humane Society - Major Drive Site
Dear Ms. Brooke:
Submitted for your use is the feasibility study and supporting information related to the Humane Society new location on Major Drive in Beaumont, Texas. The report includes general information regarding City of Beaumont ordinances, planning and zoning, codes, landscaping requirements, and existing site utilities. The information included in this Executive Summary and Feasibility Report was obtained through both the review of the City of Beaumont’s Zoning Ordinances and Design Requirements as well as through a meeting with The City of Beaumont staff members. Presented below are the highlights and additional information related to the site development.
Planning, Zoning and Permitting:
The site is located in Planned Unit District (PUD). Planned Unit District, is a district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, recreation and open space, and commercial uses. 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. The site has height restrictions, lot size restrictions and setback requirements based on the current zoning as stated in the feasibility study. The current zoning designation permits the development of Veterinary Services and kennels, and there is no need for a zoning change. However, a Specific Use Permit will be required prior to any building permits can be issued.
An application for a specific use permit shall be filed with the planning department on a form prepared by that department. The application shall be accompanied by a site plan which, along with the application, will become a part of the specific use permit, if approved. Public Hearing and Conditions for approval will evaluated at City Council meeting. All reviews for the construction 1405 Cornerstone Court · Beaumont, Texas 77706 · (409) 832-7238 · fax (409) 832-7303 Tx Board of Prof Engineers Firm No. F-01160 Tx Board of Prof Land Surveyors Firm No. 100186 1/8/2019 Feasibility Study 2 of 3 Humane Society
plans will be by City of Beaumont staff only, unless a variance to the zoning ordinances is requested. All zoning variances are presented to the City of Beaumont Board of Adjustments for consideration.
An application for a specific use permit shall be filed as soon as possible to ensure compliance and approval of the development. The project shall be presented early in the design stage to the City of Beaumont in a Pre-Development meeting held at the City of Beaumont and attended by the various permitting departments. The purpose of this meeting is to obtain general initial staff comments and identify potential permitting issues. Final construction plans are to be submitted in duplicate for review.
It should be noted that signage for the site is permitted separately. The location and elevation drawings for the signs are to be submitted separately and submitted with a separate Commercial Permit Application. The signage permit submittal shall include site identification signs and building mounted signs.
Codes and Ordinances:
The City of Beaumont uses the 2015 International Building and 2015 International Fire Codes. Specific attention should be made to the site design when related to fire lane widths, fire hydrant spacing, and fire vehicle access routes. From extensive experience with the City, the designer of the site shall obtain information from the fire department regarding the size and turning radii of the largest fire fighting vehicle in the fleet.
Based on the number of units and the layout of the site plan a secondary emergency egress maybe required.
Parking requirements is one (1) space for each 300 square feet of gross floor area as provided in the Feasibility Study.
There is landscaping ordinances and tree requirements in the City of Beaumont.
Utilities:
The existing City of Beaumont utilities, i.e. water adjacent to the site, appear to be more than adequate for the existing facility. The water service will need to be brought to the site from Major Drive (FM 364) far side right-of-way. The sanitary sewer service will need to be pressure pipe sewer via onsite Lift Station to connect to an existing force main on the far side right-of-way of Major Drive (FM 364). There no impact fees and storm water detention is required for this site. Fittz & Shipman, Inc.
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The storm drainage will need to be conveyed in through proposed storm pipe or ditch facilities to an existing storm systems located to the north side of the property existing Drainage District 6 ditch. Existing electrical, telephone and cable also are readily available to the site. The size and locations of the existing utilities are outlined in the Feasibility Study.
Any new water lines supplying new fire hydrants or water meters shall be constructed to City of Beaumont Specifications and become City water lines and shall be located in exclusive water line easements which will require separate platting and approval with the City.
All information related to applicable Codes and Ordinances are summarized in the Feasibility Study and also is readily available on the City of Beaumont Web site.
Other considerations:
The region experienced significant impact during Harvey flooding of 2017. The proposed development area received flood water that over topped the adjacent LNVA canal, as shown in Appendix Q. The Building Finished Floor and any refuge areas for animals should be 18” higher than the LNVA levees. This will require an estimated 9 ft of additional fill material for the development of site. Once a topographic survey is performed, the actual height can be determined. Any new building construction must meet building codes and fire codes for fire hydrants locations.
-oOo-
Should you have any further questions or comments regarding this site please do not hesitate to call.
Sincerely,
Fittz & Shipman, Inc.
______Bernardino D. Tristan, P.E. For the Firm
Fittz & Shipman, Inc.
Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\18169 Humane Executive summary.doc FEASIBILITY STUDY Humane Society
1 Project Information
Project Name: Humane Society
Location: Approx. 1.2 miles South of Tram Road & 1.3 miles north of SH105 along Major Drive
Jurisdiction: City of Beaumont, Texas
County: Jefferson County, Texas
2 Planning
Design Survey Not Required, however, recommended for design purposes
Platting: Required for subdivision of Commercial Property as well as to provide easements for the waterline and fire hydrants onsite.
Fees: To Be determined
Environmental Assessment The City of Beaumont requires asbestos surveys for the demolition of all buildings. Other assessments such as Phase I site assessments are not required by the City.
Wetlands Determination Not required specifically in City of Beaumont Ordinance, however, statement regarding Wetlands is required as part of State Construction Storm Water Pollution Prevention Plan (SWPPP) Regulations.
3 Zoning
Classification: PUD Planned Unit Development District
(See Appendix A – City of Beaumont Zoning Map)
Allowable Uses: Are set forth in section 28.03.023.
Fees: To Be determined
Overlay District: None
Adjacent Zoning: A-R Agricultural - Residential District RM-M Residential Multiple-Family Dwelling–Medium Density District
A. Special Requirements: Prior to the issuance of a specific use permit or any building permit for property located in a PUD, Planned Unit Development District, a general land use and density plan must be submitted to the planning commission. The plan shall include a schematic land use plan identifying proposed general uses, densities,
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major open spaces, circulation and access features, and a statement indicating proposed phasing of development and the projected timing of each phase. The planning commission shall forward the plan with its recommendation to the city council. The applicant shall pay a processing fee of one hundred dollars ($100.00). Advertisement and public hearings shall be held by the planning commission and city council in accordance with the notification procedure set forth for a rezoning application. Appendix B Specific Use Permit application, and specified by Sec. 28.04.001.
B. Specific Restrictions: Planned Unit Development District, may be authorized only on sites containing five (5) or more acres of land. However, sites less than five (5) acres will be considered on merit with a specific use permit. Also, Special Condition 17:
(17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC, GC-MD, GC-MD-2 and CBD Districts shall be limited to the care of household pets and shall not provide overnight kennel services, except on a medical emergency basis. Overnight kennels and veterinary services not limited to household pets may be allowed in GC-MD, GC-MD-2 and CBD Districts with a specific use permit. Veterinary services for animal specialties (SIC 0742) may be permitted as an accessory use to existing kennels (SIC 0752) with a specific use permit.
Height/Area Restrictions Planned Unit Development District requires Structure and buildings located in a Planned Unit Development District shall not exceed thirty-five (35) feet, without specific authorization and approval from the city council. (As set forth in section 28.04.004). All buildings and structures shall be set back not less than twenty-five (25) feet from any peripheral property line or street right-of-way.
4 Site Plan Review and Approval Process
Agency Name: City of Beaumont and Jefferson County Drainage District
Plan Review Procedure: 1. Type of Review: Specific Use Permit: Approved by Planning Commission, and then by City Council with public comments. Design Plans: Staff Review and approval only. 2. Description: Present preliminary plans to staff at a Pre-Development meeting for initial comments. Pre-Development meeting attended by Building Codes, Fire Department, Planning, Engineering, Water, Health, and Traffic Departments. Additional entities such as the local electrical and gas supplier can be contacted and requested to attend also.
Submit Final Construction Plans (3 sets) along with the Commercial Building Application to City for review. Additionally,
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submit plans of proposed site signage (2 sets) for the Sign Permit with the Commercial Building Application, Appendix C. Review can be expected to take 15 working days.
Documents Required for Review and Approval: 1. Plan Review Checklist: Not Required 2. Landscape Plans Required (See Appendix D - Zoning Ordinance Sec 28.04.006) 3. Tree Survey Required only to receive landscape credits for preserved trees. (See Appendix D – Zoning Ordinance Sec 28.04.006 Subparagraph (i) Landscaping Bonus Provisions) 4. Exterior Building Elevations Required 5. Exterior Material Selections Required 6. Site Signage Required, all site signage is submitted to the City as a separate package requiring a separate permit application. (See Appendix D Zoning Ordinance Sec 28.04.003) 7. Exterior Building Signage Required, all site signage is submitted to the City as a separate package requiring a separate permit application. (See Appendix D Zoning Ordinance Sec 28.04.003)
Hearing Dates: 1. Dev. Review Com. (DRC): The City of Beaumont Pre-Development meetings are held hourly every Thursday from 9:00 am to 12:00 am. It is recommended that the Pre- Development meeting be scheduled through the City of Beaumont Building Codes Department by the Friday or Monday prior to the Thursday of the developers choosing.
2. Planning & Zoning (P&Z): Required for Specific Use Permit. Not Required for Construction Plans, Meetings are held the third Monday of each month. Complete yearly Schedule is included in Appendix E.
3. Board of Adjustment (ZBA): Not Require for this project unless a variance to the Zoning ordinance is desired. The Board of Adjustment meets the first Thursday of each month. Appendix F
4. City Council: Required for Specific Use Permit. Not Required for Construction Plans, Meetings are held every Tuesday at 1:30 p.m.
Schedule: 1. Review Timeframe: The SUP approval process from application to issues of City comments is approximately 8-10 weeks. The permit review process from application to issues of City comments is approximately 15 days. For a variance request,
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the time from application to hearing is approximately 6 weeks. 5 Codes and Ordinances
Landscape Ordinance Yes, Landscape requirements are found in the Zoning Ordinance (See Appendix D Zoning Ordinance Sec 28.04.006 Landscaping and Screening Requirements)
Tree Ordinance Yes, Tree Planting requirements are found in Zoning Ordinance (See Appendix D Zoning Ordinance Sec 28.04.006 Landscaping and Screening Requirements)
Lighting Ordinance No, however, “Glare” is discussed in the Zoning Ordinance (See Appendix D, Sec 28.04.07 Performance Standards)
Noise Ordinance: Yes, Noise requirements are found in Zoning Ordinance (See Appendix D Zoning Ordinance Sec 28.04.007 Performance Standards)
Signage Ordinance Yes, (See Appendix D Zoning Ordinance Sec 28.04.003 Sign Regulations)
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6 Site Design Requirements
Building Setbacks: PUD Planned Unit Development District conforms to the setback requirements (See Appendix D Zoning Ordinance Sec 28.04.004 District Area and Height Regulations)
PUD Planned Unit Development District setbacks are:
A. Front Yard: 25 feet* B. Rear Yard: 25 feet* C. Side Yard Interior: 25 feet* D. Side Yard Corner: 25 feet*
* from any peripheral property line or street right-of-way.
Ingress/Egress: Major Drive is controlled by the Texas DOT. Preliminary discussions will be required with the City and Fire Department one Ingress/Egress points as proposed is adequate.
Fire Department Requirements: Beaumont Fire Department requires that the project be designed in accordance with the 2015 International Fire Code. Special site specific requirements may be required based on reviews by the Fire Marshal during the design process.
Beaumont Fire Department requires driveways to accommodate their largest truck with approximate turn radius of 50 feet.
7 Parking Requirements
Formula Required: Veterinary Services - Parking Group 14
One (1) space for each 300 square feet of gross floor area. (See Appendix D Zoning Ordinance Sec 28.03.023 Permitted uses)
8 Landscape/Tree Requirements
Landscaping
A. Max. Impervious Cover: N/A
B. Landscape Buffer: Required along off-street parking areas – A landscaping edge or buffer is required along each side of a parking lot that faces towards a public ROW. The landscaping edge shall be no less than six (6) feet. Three of the six (6) feet may be placed in the public ROW if unused at the time of permitting. The landscaping edge shall continue for the entire parking lot’s length. See Appendix D,
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Zoning Ordinance, Sec 28.04.006, paragraph (h)(2) for the complete rules regarding plantings, screening and prohibitions in the parking edge area
C. Landscape Islands: Required – Regulations require landscaped Islands, peninsulas, or medians for all parking lots with 20 or more parking spaces.
1. Max. Spacing: Parking lots with 100 or more spaces, shall be required to have one (1) island, peninsula, or medians per ten (10) parking spaces. For parking lots with less than 100 spaces, one (1) island, median or peninsula shall be provided for every twenty (20) spaces. See Appendix D, Zoning Ordinance, Sec 28.04.006, paragraph (h)(1) for the complete rules regarding Island, medians and peninsula requirements. Trees A. Preservation
1. Mitigation Formula: Existing 2-4 caliper trees, tree credit 1:1 Existing 5-12 caliper, tree credit 2:1 Existing >12 caliper, tree credit 3:1
2. Requirements: To receive credits, a tree preservation plan shall be submitted that includes the name, location, size and condition of each preserved tree and a detailed discussion of the methods to be used to ensure the survival of the trees including keeping all construction equipment, debris, dirt from the root zone areas of the tree during construction. (See Appendix D, Zoning Ordinance, Sec 28.04.006, paragraph (i) for the complete discussion on the “Landscaping bonus provisions”.)
B. Removal Process: Tree or other vegetation removal requires Grading permit, See Appendix H
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9 Signage Requirements
Site Signage: In General, Owner Identification signs shall be permitted for establishments located in GC-MD, provided that; 1) such signs shall not be greater than fifty (50) feet in height measured from the crown of the road, 2) structural supports for such signs shall be set back not less than ten (10) feet from any property line or street R.O.W. and 3) no part of any sign shall overlay the street R.O.W.
**NOTE: Site signage requires a separate Commercial Building Permit application (See Appendix C Commercial Building Permit) and a separate set of sign location and elevation drawings to be submitted. Signage plans may be included in and submitted with the main permit set, however, a copy must be separated out and be accompanied by a separate Commercial Building Permit application or the sign information will not be reviewed and may delay the review process.**
10 Traffic Engineering
A. Traffic Impact Analysis Maybe Required, based on Master Plan B. Traffic Impact Fees None
11 Site Utilities
Electrical A. Agency Name: Entergy B. Existing Service: Existing distribution lines are overhead located along Major Drive, far side C. Relocation Required: None required
Natural Gas A. Agency Name: Centerpoint Energy B. Existing Service: 2” Gas line far side of Major Drive C. Relocation Required: Unknown
Telephone A. Agency Name: AT&T B. Existing Service: Unknown at this time C. Existing Location: Unknown D. Relocation Required: Unknown
Cable A. Agency Name: Time Warner Cable/Spectrum
B. Existing Service: Unknown C. Existing Location: Unknown D. Relocation Required: Unknown
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Wastewater
A. Agency Name: City of Beaumont, Water Utilities Department B. Existing Capacity: Adequate, high pressure pipe force main C. Existing Location: twelve (12”) inch Force main on the west side of right-of-way Major Drive. Crossing Major requires TxDOT utility crossing permit. D. Relocation Required: No. E. Line Size: twelve (12”) inch Force main, pressure sewer F. Line Depth: 3’-4’ deep typically G. Special Requirements 1. Lift Station Required, the existing sanitary sewer line is pressure sewer. Pumps needed to tap line. 2. Grease Trap Required if commercial building has full kitchen proposed. 3. Sand/Grit Trap Required if commercial building has kennels proposed and wash down areas H. Capacity/Impact Fees: No
Water A. Agency Name: City of Beaumont, Water Utilities Department
B. Existing Service: Public C. Location: Thirty (30”) inch on the west side of right-of-way Major Drive. Crossing Major requires TxDOT utility crossing permit. D. Relocation Required: No E. Line Size & Type: Thirty (30”) inch on the west side of Major Drive with Six (6”) inch Stub-out & Valve (Far Side) F. Static Pressure: Unknown, Not required by City. Required and performed by the fire engineer in the design of the sprinkler systems. G. Residual Pressure: Unknown H. Flow: Unknown I. Impact Fees: None J. Meter Fees: See Appendix G for City of Beaumont Water and Sewer Rates
12 Off-Site Utilities
Water None other than the tap on the exiting waterline located far side of Major Dr. Crossing Major requires TxDOT utility crossing permit
Wastewater None other than the tap on the exiting sewer line located far side of Major Dr. Crossing Major requires TxDOT utility crossing permit
Drainage None other than the tap on the exiting storm line located in the Drainage District 6 ditch.
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13 Storm Drainage/Water Quality
Storm Drainage: A. Agency: City of Beaumont Engineering Department and Jefferson County Drainage District No. 6 (DD6)
B. 100 Year Flood Plain No
C. Detention Design Criteria Not Required, based on preliminary discussions with the City of Beaumont, however, based on the shallow and limited storm sewer capacity storm water detention should be considered.
D. Storm Water Impact Fee No,
E. Drainage Requirement Street storm water conveyance system shall be designed to accommodate a 5 yr storm frequency. Drainage design for detention structures and drainage ditches should be designed at a 25 yr storm frequency. Storm Water Quality: A. Local Requirements City of Beaumont requires grading permit during construction period only. No post-construction management required (See Appendix H for Grading Permit). B. State (TCEQ) Requirements State storm water rules for construction runoff including development of NOI and Storm Water Pollution Prevention Plan and subsequent NOT.
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CITY OF BEAUMONT ZONING MAP SITE
THIS DRAWING WAS OBTAINED FROM THE CITY OF BEAUMONT ZONING MAP WEB SITE
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SHEET NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 18169 APPENDIX B
CITY OF BEAUMONT SPECIFIC USE PERMIT SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME:
APPLICANT'S ADDRESS:
APPLICANT'S PHONE #: FAX #:
NAME OF PROPERTY OWNER:
ADDRESS OF PROPERTY OWNER:
LOCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. OR TRACT
BLOCK NO. PLAT
ADDITION SURVEY
NUMBER OF ACRES NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 ½" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN ½ ACRE...... $250.00 ½ ACRE OR MORE AND LESS THAN 5 ACRES...... $450.00 5 ACRES OR MORE...... $650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council.
SIGNATURE OF APPLICANT: DATE:
SIGNATURE OF PROPERTY OWNER: DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110
************************************************************************************************************************
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES.
INCLUDE THE FOLLOWING INFORMATION ON A SITE PLAN. THE PLAN MUST BE DRAWN TO SCALE.
o Boundaries of the area covered by the site plan;
o The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits; o The location of existing and proposed drainage ways and significant natural features; o Proposed required landscaping and screening buffers (Section 28.04.006(f));
o The location and dimensions of all curb cuts, public and private streets, required parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities (Section 28.04.002 and Section 28.04.006(g));
o The location, height and type of each existing or required wall, fence, and all other types of screening (Section 28.03.006(f));
o The location, height and size of all proposed signs (Section 28.04.003 or 28.03.021, depending on location).
______
SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application:
o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and o That the proposed use is in accordance with the Comprehensive Plan.
APPENDIX C
CITY OF BEAUMONT BUILDING PERMIT APPLICATION
One‐Stop Permitting Phone: 409‐880‐3100 Fax: 409‐880‐3110 Community Development 801 Main Street Beaumont, Texas 77701 Commercial Permit # ______Application is hereby made to the Building Codes Division of the City of Beaumont for a Commercial permit: Incomplete applications cannot be processed.
Street Address of Project: Date: ______
Legal Description: Lot # Block # Addition: ______
Description of Work: ______
Accessibility TDLR EAB Project #______Jefferson County JCAD #______********************************************************************************************** If no recorded map or plat, metes and bounds description shall be attached. The actual construction shall be in conformance with provisions of all ordinances of the City of Beaumont and laws of the State of Texas, whether specified herein or not, and in accordance with Plot Plan which must be drawn to scale. *It must show: (1) the actual shape and dimensions of the lot to be built upon; (2) the street of streets adjoining the lot; (3) the exact size and location of the lot of presently existing structures, if any; (4) the exact size and location on the lot of the proposed structure; (5) proposed landscaping; (6) parking and (7) drainage. Commercial buildings must also show existing and proposed water and sewer lines. (8) A Code Analysis, listing occupancy load, occupancy, type of Fire Protection and type of construction. *This application is to be accompanied by three (3) complete sets of construction plans. *********************************************************************************************** Owner of Land ______Address ______Phone ______
Plans Prepared by ______Address ______Phone ______
Contractor ______Address ______Phone ______************************************************************************************************ Land Use Information Construction Cost ______Existing use of property ______Permit Fee ______Plan Check Fee ______Proposed use covered by this application Double Fee ______Driveway ______Grading Fee ______Revisions ______Demo Bond ______Additional Information Living Area: Total Permit Fee ______Garage/Storage: Porch/Patio: ______SEE REVERSE SIDE
An asbestos survey has been conducted in accordance with the Texas Asbestos Health Protection Rules (TAHPR) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the areas being renovated and/or demolished. Yes ___ *No ____ Not applicable for residential or new commercial ____ *If the answer is No, then as the owner/operator of the renovation/demolition site, I understand that it is my responsibility to have the asbestos survey conducted in accordance with Texas Asbestos Health Protection Rules (TAHPR) and the National Emission Standard for Hazardous Air Pollutants (NESHAP) prior to a renovation/demolition permit being issued by the City of Beaumont. INT ______
This permit is subject to any easements of record and in no way supersedes any such restrictions. It is the property owner's responsibility to determine if there are any easements and/or restrictions on the use of his or her property. Approval of a building permit does not ensure that the proposed work does not violate an easement unless expressly noted on the permit.
______CERIFICATION: I certify that all statements made herein or elsewhere in connection with this permit are true and correct. I also understand that any person who knowingly or willfully falsifies a permit application or received a permit through willful omission or deception is guilty of a crime and may be subject to fines.
Signature______
______Office Use Only: Check List: __Commercial, Accessory __Commercial, Parking Lots/Driveways __ (3) Site plans __Commercial, Addition __Commercial, Repair __ (2) Construction Plans __Commercial, Alteration __Commercial, Sprinkler System __JCAD # __Commercial, Communication Towers __Pool/Spa – Commercial New __Signature __Commercial, Demolition __Commercial, Historical Restoration __Flood Zone __Commercial, Historical Restoration __Sign, Owner ID __Zoning District __Commercial, Move/Relocate __Sign, Banner __Grading HI __Commercial, New Construction __Sign, advertising __Historic District __Commercial, Other __Residential, Multi‐Family __ Com Check ______
Office Use Only: Construction Type ______Occupancy Type ______Flood Zone ______TDLR EAB Project No. ______Zoning District ______Fire District ______Historic District______Zoning District reviewed by: ______Date: ______Denied by: ______Date:______Building reviewed by: ______Date: ______Denied by: ______Date:______Permit No. ______On Site Inspection Made By______Date ______COMMENTS: ______APPENDIX D
CITY OF BEAUMONT ZONING ORDINANCE CHAPTER 28
ZONING
ARTICLE 28.01 GENERAL PROVISIONS* Sec. 28.01.001 Title
This chapter shall be known and may be cited and referred to as the “Zoning Ordinance of the City of Beaumont, Texas.” (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-1)
Sec. 28.01.002 Adoption of statutes authorizing zoning ordinances
The statutes of the state authorizing and empowering cities to zone their cities and regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures; and authorizing and empowering the local legislative body to divide the municipality into districts of such numbers, shapes and areas as may be deemed best suited to carry out the purposes set out in such statutes, and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, the same being chapter 211 Local Government Code are hereby adopted for and on behalf of the city; and the city, acting through its duly authorized officials, shall have all of the rights, powers, privileges and authority authorized and granted by and through such statutes. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-2)
Sec. 28.01.003 Purpose
The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, morals, and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. The zoning regulations and districts have been made in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of lands; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. The zoning regulations and districts have been made with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the community. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-3)
Sec. 28.01.004 Definitions
(a) Interchange. Words in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the words “parcel,” “plot,” or “tract”; the word “shall” is mandatory and not discretionary.
(b) Definitions. In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter:
Accessory building. A subordinate building, located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land.
Accessory use. A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use.
Adult bookstore. Any establishment which has as a substantial portion of its stock in trade, books, magazines or periodicals that contain material which, under the Penal Code of the state, may not be displayed or sold to a minor unless such minor is accompanied by a consenting parent, guardian or spouse.
Adult motion picture theater. Any establishment in which motion pictures, slides or similar photographic reproductions are shown and which regularly, under the Penal Code of the state, excludes minors by virtue of age, unless such minor is accompanied by a consenting parent, guardian, or spouse.
Apartment house. Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units which may share means of egress and other essential facilities.
Brewpub. A retail establishment that manufactures, brews, bottles, cans, packages and labels malt liquor, ale and beer for sale or offer without charge, on the premises of the brewpub, to ultimate consumers for consumption on or off those premises, malt liquor, ale or beer produced by the holder, in or from a lawful container, to the extent the sales or offers are allowed under the holder’s other permits and licenses and where food is sold on the premises of the brewpub as an accessory use.
Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.
Building height. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Cemetery. Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
Certificate of occupancy. An official certificate issued by the city through the enforcing official which indicates conformance with the zoning regulations and authorizes legal use of the premises for which it is issued.
City council. The governing and legislative body of the city.
City manager. The chief administrative officer of the city, or his designee.
Cluster housing development. A residential development containing attached or detached units on a limited portion of land with the remaining land areas consolidated into common open space areas.
Commission. The “planning and zoning commission” of the city. Community home. A residential home for no more than six (6) disabled persons and two (2) staff persons and meeting all of the requirements of Vernon's Code Annotated, Human Resources Code, Chapter 123.
Comprehensive plan. Graphic and textual form policies which govern the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city.
Digital billboard. An off-premise advertising sign displaying digital static images controlled by electronic communications.
District or classification. A section of the city within which regulations governing the area or use of land and buildings apply under this chapter.
Dwelling, multiple-family. Any building or portion thereof, which is designed, built, rented, leased or intended to be occupied as three (3) or more dwelling units or apartments and which includes facilities for food preparation and sleeping.
Dwelling, single-family. A detached building having accommodations for and occupied by not more than one (1) family. Only one (1) single-family dwelling shall be permitted as a primary use on a lot or parcel of land.
Dwelling, two-family. A detached building having accommodations for and occupied by not more than two (2) families. In calculating minimum lot area, a two-family dwelling shall be considered to be two (2) dwelling units.
Dwelling unit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family.
Family. Any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage or adoption.
Floor area, gross. The total floor space within the outside dimensions of a building including each floor level.
Floor area, net. The area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.
Garage sale. Sale of used household or personal articles such as furniture, tools, or clothing held on the seller’s premises. Yard sales, sidewalk sales, rummage sales, estate sales and similar activities are considered garage sales and are classified under Used Merchandise Stores, SIC Group #593.
Group residential care facility. Establishments primarily engaged in the provision of residential social and personal care for persons with some limits on ability for self- care, but where medical care is not a major element. These establishments are listed in the U.S. Office of Management and Budget’s Standard Industrial Classification (SIC) Manual as Industry, #8361.
Heliport. Any area which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant area including buildings or other facilities for activities such as refueling, parking, storage, maintenance and repair of helicopters.
Helistop. An area used, or intended for use, for the landing, boarding and takeoff of helicopters, which does not have facilities for such activities as refueling, storage, maintenance or repair of helicopters.
Home occupation. Any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes; provided that:
(1) No retail business of any sort is involved;
(2) No stock in trade is kept nor commodities sold except those made or used on the premises;
(3) Only members of the family residing on the premises are employed;
(4) No internal or external alterations, special construction, or features are involved;
(5) There is no on-premise advertising or any other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings;
(6) No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or television. In particular, a home occupation includes the following and similar uses: artist’s studio; dressmaking and millinery; limited professional practice provided no clients or customers are permitted on the premises (such as lawyer, engineer, architect, or accountant); music teaching limited to not more than two (2) pupils at one time; the keeping of up to three (3) unrelated children apart from their parents, guardians or custodians for regular periods of time for compensation. This type of child care facility shall be known as a listed family home. (See definition.)
(7) Repair of racing automobiles shall not be permitted.
Industrialized housing. A residential structure that is designed for the occupancy of single-family or duplex use; which bears an approved decal or insignia, clearly visible, under rules promulgated by the State of Texas signifying the dwelling as “industrialized”; that is intended to be installed on a permanent foundation system approved by the locally adopted building codes; that meets all other state and local requirements for industrialized housing.
Kennel (commercial). Any premises where dogs, cats or other pets are kept for commercial purposes, including boarding, breeding, sale of pet related goods or animals or the rendering of services. No person shall operate a kennel without first having obtained a valid commercial kennel license from the animal control division. For the purpose hereof, the breeding and sale of the litter of animals kept and maintained as household pets by the holder of a dog and cat fancier’s permit shall not be deemed and considered a commercial kennel.
Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, or trees. Landscaped open spaces and landscaped edges shall be landscaping.
Licensed child care center. A child care facility where the caregiver provides care for seven (7) or more children under the age of fourteen (14) at a location other than at the permit holder’s home. A licensed child care center shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building.
Licensed child care home. A home-based child care facility where the caregiver provides care for seven (7) to twelve (12) children under the age of fourteen (14).
Listed family home. A home-based child care facility where the caregiver is compensated to provide regular child care for at least four (4) hours per day, three (3) or more days a week for no more than nine (9) consecutive weeks in their own home for one (1) to three (3) unrelated children. Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
Lot or lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Jefferson County or a parcel of land, the deed for which is recorded in the office of the county clerk of Jefferson County prior to January 22, 1980.
Lot area. The total horizontal area within the lot lines of a lot.
Lot, corner. A lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.
Lot depth. The mean horizontal distance between the front and rear lot lines.
Lot, interior. A lot other than a corner lot.
Lot lines. The lines bounding a lot as defined herein:
(1) Lot line, front. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line.
(2) Lot line, rear. A lot line which is opposite and most distant from the front lot line.
(3) Lot line, side. Any lot line not a front lot line or rear lot line.
Lot width. The horizontal distance between the side lot lines measured at right angles to the side lot lines at a point midway between the front and rear lot lines.
Main building. The building or buildings on a lot which are occupied by the primary use.
Mobile home. A mobile home is a single-family residential structure suitable for year-round occupancy, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Mobile home includes the terms trailer coach and modular home.
Model dwelling unit. A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
Nonconforming building. A building, structure, or portion thereof which does not conform to the height, area or yard regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.
Nonconforming lot. A lot whose width, area or other dimension does not conform to the district regulations of this chapter and which was a lot of record or lawfully existed at the time the regulations with which it does not conform became effective.
Nonconforming use. A nonresidential use of a building or land which does not conform to the use district regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective. A lawful conforming use existing at the time of the adoption of this chapter shall not become nonconforming as a result of a specific use permit requirement.
Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.
Planned unit development. A district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, recreation and open space, and commercial uses.
Registered child care home. A home-based child care facility where the caregiver cares for up to six (6) children under the age of fourteen (14); they may also take in up to six (6) more school-age children. The number of children allowed in a home is determined by the ages of the children. No more than twelve (12) children can be in care at any time, including children of the caregiver.
Shopping center. A group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.
Sign. Any permanent, temporary, or portable structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, word, mode, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-getting device.
Sign, advertising. Any sign, other than an accessory owner identification sign, which directs attention to a business, commodity, or service.
Sign area. The sign area shall be the area of rectangular enclosures of the entire sign other than structural supports.
Sign, electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time/temperature” portion of a sign and not a commercial message or an electronic reader board sign for purposes of this chapter.
Sign, owner identification. A sign which is located on the same lot or development and pertains only to the use of that premises and which contains information pertaining to the name of the owner, occupant, or management associated with the use of the property, the kind of business or the brand name of the principal commodity sold on the premises, or other information relative to a service or activity involved in the conduct of the business, but not including the names of subsidiary products being sold.
Sign, portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place.
Structural alterations. Any change in the supporting or structural members of a building, including but not limited to bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls.
Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground.
Temporary portable storage container. A purpose-built, fully enclosed, box-like container that is designed for the temporary storage of furniture, clothing or other personal or household belongings as part of the process of household renovation or moving or the relocation of household belongings to an off-site commercial storage location. Such containers shall not be used to store solid waste, business inventory, commercial goods or any illegal or hazardous materials, nor shall such containers be used for human or animal occupation. Such containers are uniquely designed for ease of loading to and from a transport vehicle.
Townhouse. A row of three (3) or more attached, one-family dwellings, separated by vertical party or lot-line walls, and each having private entrances.
Trailer park. See recreational vehicle court or park, mobile home park, mobile home subdivision in article 24.06 of the city code.
Use. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.
Winery. A retail establishment that manufactures, bottles, labels and packages wine containing not more than twenty-four (24) percent alcohol by volume for an adult in an amount not to exceed fifty (50) gallons annually for the personal use of the adult and where wine is dispensed for consumption on the premises of the winery.
Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls.
Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot as specified in each zoning district.
Yard, rear. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot as specified in each zoning district. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
Yard, side. A yard between a building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the building.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-39, sec. 1, adopted 4/6/82; Ordinance 82-89, sec. 1, adopted 8/17/82; Ordinance 82-109, sec. 1, adopted 9/14/82; Ordinance 84-123, sec. 1, adopted 9/25/84; Ordinance 85-120, sec. 1, adopted 11/26/85; Ordinance 86-89, sec. 1, adopted 8/26/86; Ordinance 87-74, sec. 1, adopted 9/22/87; Ordinance 89-21, sec. 1, adopted 4/25/89; Ordinance 91-66, sec. 1, adopted 8/27/91; Ordinance 92-62, sec. 1, adopted 8/11/92; Ordinance 92-63, sec. 1, adopted 8/25/92; Ordinance 06-036, sec. 1, adopted 7/11/06; 1978 Code, sec. 30-4; Ordinance 07-078, sec. 1, adopted 7/24/07; Ordinance 07-096, sec. 1, adopted 9/25/07; Ordinance 08-021, sec. 2, adopted 3/18/08; Ordinance 08-066, sec. 1, adopted 8/26/08; Ordinance 09-022, sec. 1, adopted 4/28/09; Ordinance 12-074, sec. 7, adopted 9/25/12; Ordinance 13-004, secs. 1–6, adopted 1/15/13)
Sec. 28.01.005 Zoning district establishment
(a) Enumeration. In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the city is hereby divided into the following districts or classifications:
(1) A-R, Agricultural-Residential District.
(2) R-S, Residential Single-Family Dwelling District.
(3) RM-M, Residential Multiple-Family Dwelling–Medium Density District.
(4) RM-H, Residential Multiple-Family Dwelling–Highest Density District.
(5) RCR, Residential Conservation and Revitalization District.
(6) RCR-H, Residential Conservation and Revitalization-H District.
(7) NC, Neighborhood Commercial District.
(8) NSC, Neighborhood Shopping Center.
(9) GC-MD, General Commercial-Multiple Family Dwelling District.
(10) GC-MD-2, General Commercial-Multiple Family Dwelling-2 District.
(11) Central Business District.
(12) C-M, Commercial Manufacturing District.
(13) LI, Light Industrial.
(14) HI, Heavy Industrial.
(15) PUD, Planned Unit Development.
(16) HC-L, Historic-Cultural Landmark Preservation designation.
(17) HC, Historic-Cultural Landmark Preservation Overlay District.
(18) PD, Port Development District.
(19) OP, Office Park District.
(b) Zoning map adopted. The official zoning map of the city is hereby adopted and made a part hereof [by reference] for all purposes and shall be filed with the city clerk. The boundaries of the various districts as enumerated in subsection (a) of this section are hereby established as identified on said map. All notations, references, legends, scales, and every detail shown on said map are incorporated into and made a part of this chapter. In interpreting the official zoning map, the following rules shall apply:
(1) The district boundaries are the centerlines of either streets or alleys unless otherwise shown, and where the district designated on the zoning map is bounded approximately by a street or alley, the centerline of street or alley shall be construed to be the boundary of the district.
(2) Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the district designated on the zoning map is bounded approximately by lot lines, the lot lines shall be the boundary of the district. (3) In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.
(4) Any property on the zoning map which does not have a zoning district designation shall be classified as an R-S, Residential Single-Family Dwelling District.
(c) District boundary uncertainty. Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the conflict shall be resolved by utilizing the appeal power of the board of adjustment as set forth in section 28.02.002 [28.02.005] of the zoning chapter.
(d) General restrictions. Except as hereinafter otherwise provided, no land or building shall be used, and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or repaired, for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of this chapter.
(e) Residential use restrictions. Whenever the specific district regulations pertaining to one district permit residential uses of a more restricted district, such residential uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specifically stated.
(f) General purpose and description provisions. Paragraphs included within the district regulations in article 28.03 hereof entitled “general purpose and description” contain general descriptive information to provide the reader with a conceptual understanding of the general legislative intent of the district indicated. The provisions of such paragraphs are directory and not mandatory.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-62, sec. 1, adopted 6/15/82; Ordinance 90-18, sec. 1, adopted 3/27/90; Ordinance 98-7, sec. 1, adopted 2/3/98; Ordinance 05-034, sec. 1, adopted 3/29/05; 1978 Code, sec. 30-5; Ordinance 08-106, sec. 1, adopted 11/25/08)
Sec. 28.01.006 Annexation zoning policy
(a) Temporary designation; proceeding to give permanent designation. All territory annexed to the city hereafter shall be temporarily designated as R-S, Single-Family Dwelling District, until permanently zoned by the city council. The planning commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.
(b) Building permits. In an annexed area temporarily classified as R-S, Single-Family Dwelling District, no permit for the construction of a building other than those permitted in an R-S, Single-Family Dwelling District, shall be issued by the building official unless such permit has been specifically authorized by the city council. Permits for the construction of buildings in newly annexed areas prior to permanent zoning may be authorized by the city council under the following conditions: An application for any use shall be made to the building official in accordance with the provisions of the building code, and if such application is for a building other than one permitted in an R-S, Single-Family Dwelling District, it shall be referred by the building official to the planning commission for consideration and recommendation to the city council. When such a recommendation is filed with the city council, it shall be advisory only, and the city council may grant or deny the application as the facts may justify.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-6)
ARTICLE 28.02 ADMINISTRATION Sec. 28.02.001 Enforcement, violations and penalties
(a) Enforcement. The provisions of this chapter shall be administered and enforced by the planning director or his designee. Each application for a building permit shall be accompanied by a site plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building and/or structure to be erected, and such other information as may be necessary to provide for the enforcement of this chapter.
(b) Violations and penalties. Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this chapter or fails to comply with any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1.01.009 of the Code of Ordinances of the city. Each day such a violation exists shall constitute a separate offense.
(c) Civil remedies. In order to enforce the provisions of this chapter, the city attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the city manager.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, sec. 8, adopted 12/14/82; 1978 Code, sec. 30-34)
State law reference–Enforcement of land use restrictions in plats and other instruments, V.T.C.A., Local Government Code, sec. 212.005.
Sec. 28.02.002 Issuance of building permits and utility service
No building permit shall be issued, or public utilities extended or connected to a building or structure unless the application for the building permit provides for compliance with the building code, fire code, zoning code, subdivision code and other applicable codes of the city. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 92-62, sec. 6, adopted 8/11/92; 1978 Code, sec. 30-35)
Sec. 28.02.003 Allowable building types
(a) No accessory building shall be permitted in the absence of a main building.
(b) All main buildings shall be located on a permanent foundation, as defined by the chief building official of the city.
(Ordinance 09-007, sec. 1, adopted 2/24/09)
Sec. 28.02.004 Certificate of occupancy and compliance
(a) No existing building, structure or lot shall be changed in use; [and] no building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure shall be occupied or used for its intended purpose unless a certificate of occupancy and compliance shall first have been issued by the building official of the city certifying that the use, building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure complies with the building code, fire code, zoning code, subdivision code and other applicable codes of the city.
(b) Before an irrigation water meter can be installed at vacant lots that are to be used for agricultural purposes or for the keeping of livestock, a water meter permit must first be obtained. A backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 92-62, sec. 6, adopted 8/11/92; 1978 Code, sec. 30-36; Ordinance 12-059, sec. 1, adopted 8/28/12) Sec. 28.02.005 Board of adjustment
(a) Creation. There is hereby created a board of adjustment consisting of five (5) regular members and four (4) alternate members who shall serve in the absence of one or more regular members when requested to do so by the city manager. Each member of the board of adjustment shall be appointed by the mayor and confirmed by the city council for a term of two (2) years or until their successors are appointed and shall be removable for cause by the mayor and city council upon written charge and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the board of adjustment heretofore existing shall continue to serve as members of the board until the terms for which they were originally appointed expire. Members of the board shall serve without compensation.
(b) Proceedings. The board of adjustment shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
(c) Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.
(d) Stay of proceeding. An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
(e) General powers. The board shall have the following powers:
(1) To hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. The board must find the following in order to grant an appeal:
(A) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.
(B) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.
(C) The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and interest of the city’s zoning laws.
(2) To hear and decide special exceptions to the terms of this chapter. The term “special exception” shall mean a deviation from the requirements of the zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest:
(A) To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use.
(B) To deviate yard requirements in the following circumstances:
(i) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations.
(ii) A yard exception on corner lots.
(iii) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth.
(iv) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this chapter precludes locating a sign in compliance with the setback regulation.
(v) An exception from a minimum interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area.
(vi) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance [January 17, 1984].
(C) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies.
(D) To grant an exception for ten (10) additional feet in height for an advertising sign when, in the board’s judgment, the sign, at a lower height, will block an existing sign or structure from view or itself be blocked from view.
(3) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The term “variance” shall mean a deviation from the literal provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning ordinance would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under subsection (j) [(f)] hereof, the board is empowered to authorize a variance from a requirement of the zoning ordinance when the board finds that all of the following conditions have been met:
(A) That the granting of the variance will not be contrary to the public interest; and
(B) That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. “Unnecessary handicap [hardship]” shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant’s or property owner’s own actions; and
(C) That by granting the variance, the spirit of the chapter will be observed and substantial justice will be done.
The applicant shall have the burden of proving to the board that the foregoing conditions have been met.
(f) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited.
(g) Additional conditions. The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare.
(h) Revocation or modification.
(1) A variance or special exception may be revoked or modified for any of the following reasons:
(A) That the variance or special exception was obtained or extended by fraud or deception.
(B) That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated.
(C) That the variance or special exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfare.
(2) An action to revoke or modify a previously granted variance or special exception may be initiated by order of the city council, the city manager, any member of the board, or the person who obtained the variance or special exception.
(3) The board of adjustment shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions.
(i) Notification and hearing process. Any request for an appeal, variance or special exception shall require a public hearing before the board. Notice of said hearing shall be published at least one time in a newspaper of the city, at least ten (10) days prior to the day of the hearing. A written notice of the hearing shall be sent to owners of property situated within two hundred (200) feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required. A processing fee of two hundred fifty dollars ($250.00) shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification of publication in the official newspaper, the fee shall be refunded.
(j) Action of the board. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
(k) Appeal from decision of board. Any person aggrieved by any decision of the board of adjustment, or any officer, department or other board or commission of the city or the city council, may appeal the decision or action of the board of adjustment by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional.
(l) Reapplication. No application for a variance, special exception, or appeal which has been denied shall be again filed earlier than one year from the date of original denial.
(m) Validity. If an application is granted by the board, all permits necessary for the prosecution of the work must be obtained within one (1) year and construction completed within the time established by the building code. All previous applications approved by the board for which building permits have not been issued shall be valid only if a building permit is obtained within one (1) year after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the date such notice is mailed to the person, firm or corporation who received the variance addressed to the address of such person, firm or corporation as the same shall appear in the records of the planning department relating to the granting of such application.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 3, adopted 7/28/81; Ordinance 82-134, sec. 13, adopted 12/14/82; Ordinance 83-144, sec. 1, adopted 10/25/83; Ordinance 84-09, sec. 1, adopted 1/17/84; Ordinance 84-87, sec. 1, adopted 6/26/84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, sec. 7, adopted 8/11/92; Ordinance 03-098, sec. 1, adopted 12/9/03; 1978 Code, sec. 30-37)
State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government Code, sec. 211.008 et seq.
Sec. 28.02.006 Planning commission
(a) Creation. The planning commission, created in accordance with article XVII, section 24, of the city charter, shall have the duties and responsibilities of the zoning commission provided for in V.T.C.A. Local Government Code, section 211.007.
(1) The planning commission shall consist of nine (9) members and three (3) alternate members who are resident citizens and qualified voters of the city. The alternate members shall serve in the absence of a regular member in the conducting of commission business. The members of the planning commission shall be appointed by the city council for two (2) year terms, expiring on September 30 of odd-numbered years, or until a successor is appointed. The three alternate members shall be appointed by the mayor subject to approval of the city council for two (2) year terms, expiring on September 30 of odd-numbered years, or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the planning commission existing on the effective date of this chapter shall continue to serve as members of the commission until the terms for which they were originally appointed expire.
(2) Members of the planning commission shall serve without compensation.
(3) Members of the planning commission shall be subject to removal at the will and pleasure of the city council.
(b) Proceedings. The planning commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this chapter or the laws of the state. All meetings of the planning commission shall be open to the public. A full complement of the voting commission shall be nine (9). Five (5) regular and/or alternate members of the planning commission shall constitute a quorum for the transaction of business. (c) Powers and duties. The planning commission shall have the following powers and duties:
(1) To make studies and project plans for the improvement of the city, with a view toward its future development and extension, and to recommend to the city council all matters for the development and advancement of the city’s facilities, layout and appearance, and to perform all duties imposed upon the city planning commission by the statutes of the state.
(2) To make plans and maps of the whole or any portion of the city and of land outside the city located within five (5) miles of the city which, in the opinion of the planning commission, bears a relation to the planning of the city, and to make changes in, additions to and extensions of such plans or maps when it deems same advisable.
(3) To confer with and advise property owners pertaining to location and erection of structures in order to promote conformity to the overall city plan.
(4) To aid and assist the city council in the preparation of budgets and determination of sources of funds, and in the procuring of financial and other aid and assistance for the city from the state and federal governments and their agencies, for each and all of the purposes herein enumerated.
(5) To assist all other municipal and governmental agencies, and especially the city council, in formulating and executing proper plans of municipal development.
(6) To plan and recommend the location, plan, and extent of city alleyways, viaducts, bridges, subways, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewerage, sewage disposal, drainage, flood control, transportation, communication, marketing, and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings, facilities, or utilities.
(7) To select and recommend to the city council routes of streets, avenues, and boulevards, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, boulevards, and alleys or the changing thereof to conform with the city’s system, present and future, of boulevards, streets, avenues, alleyways, parks and parkways.
(8) To investigate, consider and report to the city council upon the layout or platting of new subdivisions of the city or of property situated within five (5) miles of the city limits, and to approve all plans, plats, or replats of additions within the city limits, or within five (5) miles of the city limits.
(9) To recommend to the city council for adoption and promulgation rules and regulations governing plats and subdivision of land within the corporate limits of the city to promote the health, safety, morals and general welfare of the community, and the safe, orderly and healthful development of such community.
(10) To recommend plans to the city council for improving, developing, expanding and beautifying the parks, parkways, bayous and streams, riverfront and yacht basins in or adjoining the city, and to cooperate with the city council and other agencies of the city in devising, establishing, locating, improving, selecting, expanding and maintaining the public parks, parkways, playgrounds and places for public recreation.
(11) To aid and assist the city council by recommending plans for the development of civic centers.
(12) To recommend the boundaries of the various districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the city council and to perform all other duties and exercise all other powers conferred upon it by the statutes of the state.
(13) To suggest plans for clearing the city of slums and blighted areas.
(d) Cooperation by other department heads and officials. All department heads and officials of the city shall be available to the planning commission for advice and consultation, and they shall cooperate with and render such services for the department of planning as shall come within the scope of the duties of such department heads and officials. All such department heads and officials shall attend meetings of the planning commission upon the request of the city planning commission or its duly authorized official or officials.
(Ordinance adopted 4/2/46, sec. 4; Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, sec. 11, adopted 12/14/82; Ordinance 03-036, sec. 3, adopted 5/6/03; 1978 Code, sec. 30-38; Ordinance 15-050, sec. 1, adopted 11/10/15)
Charter reference–Planning commission, art. XVII, sec. 24.
State law reference–Authority of municipality to establish planning and zoning commission, V.T.C.A., Local Government Code, sec. 211.007.
Sec. 28.02.007 Historic landmark commission
(a) Creation of historic landmark commission. For the purpose of recommending historic-cultural landmark preservation designations and districts and for the purpose of approving or making recommendations on the construction, alteration, reconstruction, demolition, or relocation of buildings and structures on sites located within HC-L and HC-D zones, Historic-Cultural Landmark Preservation designation, there is hereby created a historic landmark commission. The historic landmark commission shall be composed and appointed as follows:
(1) The historic landmark commission shall consist of twelve (12) members appointed by the city council, including the following:
(A) One member shall be a member of the city planning commission.
(B) One member shall be a licensed architect.
(C) One member shall be a licensed attorney.
(D) One member shall be a professional historian.
(E) One member shall be a member of the Beaumont Heritage Society.
(F) One member shall be a member of the Jefferson County Historical commission.
(G) Six (6) members shall be appointed from the community at large. All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic and political history of Beaumont.
(2) The members of the historic landmark commission shall be appointed for a term of two (2) years, expiring on September 30 of odd-numbered years. Vacancies shall be filled for the remainder of the unexpired term of any member whose place becomes vacant for any cause. (3) Members of the historic landmark commission shall serve without compensation.
(4) Members of the historic landmark commission shall be subject to removal at the will and pleasure of the city council.
(5) Operational procedures shall be established by the historic landmark commission as follows:
(A) The historic landmark commission shall adopt rules to govern its proceedings; provided that its rules are not in conflict with this chapter, other ordinances of the city, or laws of the state.
(B) The city council shall select from the membership of the commission a chairman and vice-chairman of the commission.
(C) The director of planning of the city shall serve as secretary for the commission and shall be responsible for taking minutes of the commission’s proceedings and filing them in the office of the city clerk.
(D) The historic landmark commission shall meet on a monthly basis at an agreed-upon specified time and place. Special meetings shall be called by the commission chairman or by three (3) commission members.
(E) Seven (7) members shall constitute a quorum, and all issued shall be decided by a simple majority vote of the members present and voting.
(F) Notices of commission meetings shall be governed by V.T.C.A. Government Code, chapter 551 (Open Meetings Law), all meetings shall be open to the public, and minutes shall be kept of all commission proceedings.
(G) All historic landmark commission public hearings on applications for certificates of appropriateness for exterior changes and on requests for the approval of demolitions or removals shall be noticed and advertised once by publication in a newspaper stating time, date and place of public hearing thereon at least seven (7) days prior to the date on which the public hearing is held.
(b) Functions of the historic landmark commission. The historic landmark commission shall:
(1) Thoroughly familiarize itself with buildings, structures, sites, districts, areas, places and lands within the city which may be eligible for designation as historic-cultural landmarks.
(2) Establish criteria and make recommendations to the planning commission and city council for determining whether certain buildings, structures, sites, districts, areas, places and lands should be awarded an historic-cultural landmark preservation designation or district status.
(3) Establish guidelines for review, approval or denial of all requests for certificates of appropriateness and certificates of demolition of buildings, structures and sites located in HC-L, Historic-Cultural Landmark Preservation designation or HC-D, Historic-Cultural Landmark Preservation Districts.
(4) Formulate plans and programs for public and private action for encouraging and promoting the preservation of historic-cultural landmarks.
(5) Suggest sources of funds for preservation and restoration activities and acquisitions, including federal, state, private, and foundation sources.
(6) Provide information and counseling to owners of historic-cultural landmarks.
(c) Historic-Cultural Landmark Preservation designation. The following procedure shall be followed in establishing an HC-L, Historic-Cultural Landmark Preservation designation:
(1) Application process. An application for an HC-L, Historic-Cultural Landmark Preservation designation may be submitted by the owner, or by a representative who has the expressed written approval of the owner, or by the city manager. The public hearing and notification procedures for a rezoning request shall be followed; provided that an additional public hearing before the historic landmark commission shall be required for an HC-L, Historic-Cultural Landmark Preservation designation, request.
(2) Historic landmark commission. The historic landmark commission shall hold a public hearing within thirty (30) days of the filing of the zoning application. Notice of public hearing before the historic landmark commission shall be given as provided for zoning hearings in section 211.007 of the Local Government Code of the state. The recommendation of the historic landmark commission shall be forwarded to the planning commission and city council.
(3) Criteria to be used in designations. The historic landmark commission, and the city council shall consider, but not be limited to, one or more of the following criteria in establishing an HC-L, Historic-Cultural Landmark Preservation designation:
(A) Existing or proposed recognition as a national historic landmark, or Texas Historic Landmark, or entry or proposed entry into the National Register of Historic Places;
(B) Existence of distinguishing characteristics of an architectural type or specimen, or of the social, economic, or political heritage of the city;
(C) Identification as the work of a designer, architect, or builder whose work has influenced the growth or development of the city;
(D) Embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period;
(E) Relationship to other buildings, structures, or places which are eligible for preservation as historic places;
(F) Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, county, state or nation;
(G) Location as the site of a significant historical event;
(H) Listing in the S.P.A.R.E. Beaumont Survey;
(I) Identification with a person or person who significantly contributed to the culture or development of the city, county, state or nation; and
(J) A building, structure, or place that because of its location has become of historic or cultural value to a neighborhood or community.
(d) Certificates of appropriateness. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a building or structure located in an H-C, Historical-Cultural Landmark Preservation District, unless an application has been made to the historic landmark commission for a certificate of appropriateness and such certificate shall have been granted. The applicant shall pay a fee of twenty dollars ($20.00) for the issuance of a certificate of appropriateness. The term “exterior architectural feature” shall include but 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. (1) Application procedure. Applications for certificates of appropriateness shall be made to and on a form furnished by the secretary of the commission, and shall include two (2) copies of all detailed plans, elevations, perspectives, specifications, and other necessary documents pertaining to the work.
(2) Public hearing. Within thirty (30) days of the receipt of a completed application for a certificate of appropriateness, the historic landmark commission shall hold a public hearing. Public notice of such hearing, and the purpose thereof, shall be published in a newspaper one time at least seven (7) days prior to the date scheduled for such hearing.
(3) Review. Upon review of the application in open meeting, the historic landmark commission shall determine whether the proposed work is of a nature which will adversely affect any exterior architectural feature, and whether such work is appropriate and consistent with the spirit and intent of this chapter. The historic landmark commission shall forward, through its secretary, either a certificate of appropriateness or its written determination of disapproval, and their reasons therefor, to the applicant and the building official. If no action has been taken by the commission within sixty (60) days of receipt of the application, a certificate of appropriateness shall be deemed issued by the historic landmark commission.
(4) Changes. No change shall be made in the plans on which a certificate of appropriateness was issued, without resubmittal to the historic landmark commission and approval thereof in the same manner as provided above for processing the original application.
(5) Exemptions. Ordinary repair and maintenance which do not involve changes in architectural and historical style or value, general design, structural arrangement, type of building material, primary color or basic texture are exempt from the provisions of this section.
(e) Certificates of demolition or relocation. No person or entity other than a state, city, county, or federal government fee simple owner, shall demolish or relocate any building or structure awarded an HC-L, Historic-Cultural Landmark Preservation designation, unless a certificate of demolition or relocation has first been issued.
(1) Application procedure. Applications for certificates of demolition or relocation shall be made to, and on a form furnished by, the secretary of the historic landmark commission.
(2) Public hearing. Within thirty (30) days of the receipt of a completed application for a certificate of demolition or relocation, the historic landmark commission shall hold a public hearing. Public notice of such hearing, setting forth the date, time and place scheduled for such hearing, and the purpose thereof, shall be published in a newspaper one time at least seven (7) days prior to the date scheduled for such hearing. Notice thereof shall also be mailed to all owners of real property within a two-hundred-foot radius of the subject property, such notice to be given not less than seven (7) days prior to the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll.
(3) Review. In evaluating a request for a certificate of demolition or relocation, the historic landmark commission shall consider the following: its architectural or historical significance, the state of repair of the building or structure in question, the reasonableness of the cost of restoration or repair; the existing and/or potential usefulness of the property including economic usefulness; the effect that such removal or demolition will have upon buildings, structures, and places in the vicinity of the property in question; and all other factors it finds necessary and appropriate to carry out the intent of this chapter. If, based upon such considerations, the historic landmark commission determines that the building or structure should not be demolished, this decision shall be forwarded to the city council for review and final decision. If no action is taken by the historic landmark commission within sixty (60) days of the receipt of a completed application, a certificate of demolition or relocation shall be deemed issued. The city council shall act upon a request for a certificate of demolition or relocation within thirty (30) days of the receipt of the application from the historic landmark commission.
(4) Conditions for approval. In granting a certificate of demolition or relocation, the historic landmark commission or the city council must find that the interests of preserving historical values and the purposes and intent of this chapter will not be adversely affected by the requested demolition or removal, or that the interests will be best served by removal or relocation to another specified location.
(f) Omission of necessary repairs. Buildings and structures awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be maintained so as to ensure the exterior and interior structural soundness and integrity of the landmark and its exterior architectural features.
(1) Determination of omission. If the historic landmark commission determines that there are reasonable grounds to believe that a building or structure or an exterior architectural feature thereof is structurally unsound, the commission shall notify the owner of record of the property and hold a public hearing to determine compliance with the provisions of this chapter.
(2) Mandated repairs. If, at the conclusion of the public hearing, the historic landmark commission finds that the building or structure or its architectural features are structurally unsound or in immediate danger of becoming structurally unsound, said commission shall advise the property owner and direct repair of the property. The property owner shall satisfy the commission, within ninety (90) days of the decision of said commission, that all necessary repairs and maintenance to safeguard structural soundness and integrity have been carried out and completed.
(g) Appeals. Appeals from a decision of the historic landmark commission or from the city council must be filed in district court within thirty (30) days of said decision.
(h) Demolition. Any person or entity other than a city, county, state, or federal government fee simple owner that demolishes, causes to be demolished, or otherwise adversely affects the structural, physical, or visual integrity of a historic structure or property located within the city that has been designated as historic by the city, county, or federal government and on file with the county clerk, without first obtaining the appropriate demolition of building permits before beginning to demolish, cause the demolition of, or otherwise adversely affect the structural, physical or visual integrity of the structure or property shall be subject to the remedies allowed under section 315 of the Local Government Code of the state. The secretary of the historic landmark commission shall maintain a list of the historically designated properties within the city limits and file it with the county clerk for the enforcement of this section.
(i) Notice. No building permit shall be issued for the demolition, relocation, or adverse modification of the structural, physical, or visual integrity of any building or structure as determined by the secretary that has been designated historical by a county, state or federal government without first giving the secretary of the historic landmark commission thirty (30) days’ written notice.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-102, sec. 1, adopted 8/31/82; Ordinance 84-88, sec. 7, adopted 6/26/84; Ordinance 90-60, sec. 1, adopted 10/9/90; Ordinance 92-3, secs. 1, 2, adopted 1/7/92; Ordinance 93-28, sec. 2, adopted 6/29/93; Ordinance 03-098, sec. 2, adopted 12/9/03; 1978 Code, sec. 30-39; Ordinance 15-050, sec. 2, adopted 11/10/15; Ordinance 16-012, secs. 1–2, adopted 3/15/16 )
State law reference–Liability for adversely affecting historic structure or property, V.T.C.A., Local Government Code, sec. 315.006.
Sec. 28.02.008 Changes, amendments, and specific use permits
(a) Authorization. The city council may, from time to time, amend, supplement, or change by ordinance the boundaries of the zoning districts or the regulations herein established, or issue or revoke specific use permits. Zoning changes may be initiated by the city council, planning commission or city planning staff. Zone change applications from the public shall be accepted only from property owners, their agents with written authorization, or those with valid contracts for purchase of the property for which rezoning is being requested. (b) Recommendation by planning commission. Before taking any action on any proposed amendment, supplement, change or a specific use permit, the city council shall submit the same to the planning commission for its recommendation and report. The planning commission shall hold a public hearing before submitting its recommendation and report to the city council.
(c) Public hearing and notification requirements.
(1) No regulation, restriction or zoning district boundary shall be amended, supplemented or changed and no specific use permit approved or revoked until after a public hearing in relation thereto is held by the planning commission and city council at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation in the city. The city council may hold any public hearing jointly with any public hearing required to be held by the planning commission.
(2) Written notice of all public hearings before the planning commission and city council on proposed changes in classification shall be sent to owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given, not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Protests must be received prior to the close of the public hearing in order to invoke the protest provisions of this section of the chapter. Protests shall be accepted only if made in writing and the signature of one owner shall be sufficient for property owned under joint tenancy.
(d) Protest. The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change [has been filed], signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the city council.
(e) Application fee. Any person, firm or corporation applying for a change in the zoning district classification of any property or a specific use permit shall be required to pay an application processing fee of two hundred fifty dollars ($250.00) if the property involved is less than one-half (1/2) acre; four hundred fifty dollars ($450.00) if the property involved is greater than one-half (1/2) acre but less than five (5) acres; and six hundred fifty dollars ($650.00) if the property involved is greater than five (5) acres. The processing fees as established herein shall be paid at the time of the filing of an application. In the event the application is withdrawn prior to the mailing of the required written notification or publication in a newspaper, the fee shall be refunded. Any person, firm or corporation requesting an abandonment of city right-of-way or easements shall be required to pay an application processing fee of three hundred dollars ($300.00) at the time of such application. The fee for processing other requests under the other business category shall be one hundred dollars ($100.00), required at the time of application.
(f) Time of action. If city council does not approve a request for a specific use permit or a zone district boundary change within sixty (60) days of the public hearing at which the request was heard, the request shall be automatically denied unless this time limit is extended by action of the city council. This time limit can be waived with consent of the applicant.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-110, sec. 1, adopted 9/14/82; Ordinance 82-134, sec. 9, adopted 12/14/82; Ordinance 83-144, sec. 2, adopted 10/25/83; Ordinance 85-120, sec. 3, adopted 11/26/85; Ordinance 92-62, secs. 8, 9, adopted 8/11/92; Ordinance 98-7, sec. 12, adopted 2/3/98; Ordinance 03-098, sec. 3, adopted 12/9/03; 1978 Code, sec. 30-40)
ARTICLE 28.03 DISTRICT REGULATIONS Sec. 28.03.001 A-R, Agricultural-Residential District regulations
(a) General purpose and description. This district is intended to provide a location for land situated on the fringe of an urban area and used for agricultural purposes, but that may become an urban area in the future. Generally, A-R, Agricultural-Residential Districts, will be near development; therefore, the agricultural activities conducted in the A-R, Agricultural-Residential District, should not be detrimental to urban land uses. The types of uses and the area and intensity of use permitted in this district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.
(b) Permitted uses. Uses permitted in an A-R, Agricultural-Residential District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an A-R, Agricultural-Residential District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-7)
Sec. 28.03.002 R-S, Residential Single-Family Dwelling District regulations
(a) General purpose and description. The R-S, Residential Single-Family Dwelling District, is the most restrictive residential district. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and by consideration of the proper functional relationship and arrangement of the different uses permitted in this district.
(b) Permitted uses. Uses permitted in an R-S, Residential Single-Family Dwelling District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an R-S, Residential Single-Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-8)
Sec. 28.03.003 RM-M, Residential Multiple-Family Dwelling–Medium Density District regulations
(a) General purpose and description. The R-M, Residential Multiple-Family Dwelling–Medium Density District, is intended to provide for medium density multiple- family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities, thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, ranging from single-family to low-rise multiple-family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The RM-M, Residential Multiple-Family Dwelling District, functions as a buffer or transition between major streets, or commercial or higher density residential areas, and lower density residential areas.
(b) Permitted uses. Uses permitted in an RM-M, Residential Multiple-Family Dwelling–Medium Density District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an RM-M, Residential Multiple-Family Dwelling–Medium Density District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-9) Sec. 28.03.004 RM-H, Residential Multiple-Family Dwelling–Highest Density District regulations
(a) General purpose and description. The RM-H Residential Multiple-Family Dwelling–Highest Density District, is a residential district intended to provide for the highest residential density ranging up to twenty-nine (29) dwelling units per acre. The principal use of land in this district is for a wide variety of dwelling types, including single-family dwellings, low-rise multiple-family dwellings, garden apartments, condominiums, and townhouses and, subject to a specific use permit, high-rise apartments. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. The RM-H, Residential Multiple-Family Dwelling–Highest Density District, is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development.
(b) Permitted uses. Uses permitted in an RM-H, Residential Multiple-Family Dwelling–Highest Density District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an RM-H, Highest Density Multiple-Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-10)
Sec. 28.03.005 RCR, Residential Conservation and Revitalization District regulations
(a) General purpose and description. The RCR, Residential Conservation and Revitalization District, is intended for predominantly residential areas of the city which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing the city council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected services and retail uses that are needed for the comfort, economy and convenience of the neighborhood. Approval of the specific use and the site plan by the city council will encourage future multifamily and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values.
(b) Permitted uses. Uses permitted in an RCR, Residential Conservation and Revitalization District regulations, are set forth in section 28.03.023. The commercial, retail and service uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or tract.
(c) Area and height regulations. Area and height regulations in an RCR, Residential Conservation and Revitalization District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-11)
Sec. 28.03.006 RCR-H, Residential Conservation and Revitalization District regulations
(a) General purpose and description. The RCR-H, Residential Conservation and Revitalization-H District, is intended for predominately residential areas in the Old Town Area of the city which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing city council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected commercial uses. Approval of the specific use permit and the site plan by the city council will encourage future multifamily and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values.
(b) Permitted uses. Uses permitted in an RCR-H, Residential Conservation and Revitalization-H District, are set forth in section 28.03.023. The commercial uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or tract.
(c) Area and height regulations. Area and height regulations in an RCR-H, Residential Conservation and Revitalization-H District, are set forth in section 28.03.024.
(Ordinance 08-106, sec. 2, adopted 11/25/08)
Sec. 28.03.007 OP, Office Park District regulations
(a) General purpose and description. This district is intended to encourage and permit general professional and business offices of high site quality and appearance in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family or multiple-family development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings.
(b) Permitted uses. The following uses shall be permitted in this district subject to special conditions, section 28.04.008(b)(12):
(1) Professional offices;
(2) Consultant’s offices;
(3) Medical and dental offices;
(4) Oil and gas extractions;
(5) Pharmacy, when in support of or an integral part of an on-premise medical or dental office;
(6) Accessory uses.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-11.1; Ordinance 08-106, sec. 2, adopted 11/25/08)
Sec. 28.03.008 NC, Neighborhood Commercial District regulations
(a) General purpose and description. The NC, Neighborhood Commercial District, is primarily intended for retail sale of convenience goods or personal services primarily for persons residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood retail sales and service uses permitted in this district. Because the retail and personal service uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational and educational uses in the neighborhood, more restrictive requirements for light, air, open space, landscaping, and off-street parking are made than are provided in other commercial districts. The NC, Neighborhood Commercial District, is located on the periphery of the residential neighborhood on a major street in close proximity to the intersection of two (2) major streets. (b) Permitted uses. Uses permitted in an NC, Neighborhood Commercial District, are set forth in section 28.03.023. The commercial, retail and service uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or premise.
(c) Area and height regulations. Area and height regulations in a NC, Neighborhood Commercial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-12)
Sec. 28.03.009 NSC, Neighborhood Shopping Center District regulations
(a) General purpose and description. The NSC, Neighborhood Shopping Center District, is intended for a unified grouping, in one or more buildings, of several, typically between five (5) and twenty (20), retail and service shops or stores that provide for the regular needs and are for the convenience of the people residing in adjacent residential neighborhoods. Gross floor area in a neighborhood center typically ranges from thirty thousand (30,000) to one hundred thousand (100,000) square feet, and land area consists of two (2) to ten (10) acres in size. It is intended that the neighborhood shopping center be developed as a unit, with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to ensure compatibility with surrounding residential environment. This district is located adjacent to several residential neighborhoods, ideally at the intersection of two (2) or more arterial or major streets with a service area of up to one and one-half (1-1/2) miles. Development of a neighborhood shopping center requires approval of a development site plan by the city council, after recommendation from the planning commission.
(b) Permitted uses. Uses permitted in an NSC, Neighborhood Shopping Center District, are set forth in section 28.03.023. Office uses permitted in this district shall not exceed thirty (30) percent of the gross floor area of the shopping center. A specific use permit for a shopping center as a particular use is required before any building permit or certificate of occupancy may be issued in this district.
(c) Area and height regulations. Area and height regulations in a NSC, Neighborhood Shopping Center District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-13)
Sec. 28.03.010 GC-MD, General Commercial Multiple-Family Dwelling District regulations
(a) General purpose and description. The mixed GC-MD, General Commercial Multiple-Family Dwelling District, is intended for the conduct of community-wide personal and business services, specialty shops, general highway commercial uses, shopping centers, and multifamily residential development. The need for community- wide accessibility dictates that this district be located ideally at the intersection of two (2) or more streets, along frontage roads adjacent to the interstate, or along selected major streets which have been designated for strip commercial development. Minimum lot width, depth, area, and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip commercial development. Multifamily development in this district is permitted in order to serve as a buffer or transition between commercial and medium density residential development.
(b) Permitted uses. Uses permitted in a GC-MD, General Commercial Multiple-Family Dwelling District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a GC-MD, General Commercial Multiple-Family Dwelling District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-15)
Sec. 28.03.011 GC-MD-2, General Commercial Multiple-Family Dwelling-2 District regulations
(a) General purpose and description. The mixed GC-MD-2, General Commercial Multiple-Family Dwelling-2 District, is intended for the conduct of community-wide personal and business services, specialty shops, general commercial uses, shopping centers, and multiple-family residential development. Typically, this district will be located at the intersection of two (2) or more streets, along frontage roads adjacent to the interstate, or along selected major streets which have been designated for strip commercial development. However, this district recognizes that there are circumstances whereby city council would be more willing to grant approval of a specific use permit for a particular use or parcel of property than to permit a use by right. Therefore, all uses require a specific use permit. Minimum lot width, depth, area and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip commercial development.
(b) Permitted uses. Uses permitted in a GC-MD-2, General Commercial Multiple-Family Dwelling-2 District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a GC-MD-2, General Commercial Multiple-Family Dwelling-2 District, are set forth in section 28.03.024.
(Ordinance 98-7, sec. 3, adopted 2/3/98; 1978 Code, sec. 30-15.1)
Sec. 28.03.012 CBD, Central Business District regulations
(a) General purpose and description. The CBD, Central Business District, is intended to accommodate the commercial, office, service, residential and public activities and uses commonly found in a central business district. There shall be only one contiguous CBD, Central Business District.
(b) Permitted uses. Uses permitted in a CBD, Central Business District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a CBD, Central Business District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-16)
Sec. 28.03.013 C-M, Commercial-Manufacturing District regulations
(a) General purpose and description. The C-M, Commercial-Manufacturing District, is designed for intensive commercial uses and those selected manufacturing uses which are compatible with commercial development. The permitted manufacturing uses are either free of objectionable influences in their operations and appearance or can eliminate or control objectionable characteristics by landscaping, screening, and other abatement devices. Because most of the uses in the C-M, Commercial- Manufacturing District, often require direct access to major streets, rail or air facilities, this district should be located near major transportation routes. The C-M, Commercial-Manufacturing District, should be used as a buffer or transition between industrial development and commercial or multifamily residential development.
(b) Permitted uses. Uses permitted in a C-M, Commercial-Manufacturing District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in a C-M, Commercial-Manufacturing District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-17)
Sec. 28.03.014 LI, Light Industrial District regulations (a) General purpose and description. The LI, Light Industrial District, is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesaling, and service operations that do not depend primarily on frequent personal visits of customers or clients, but that may require good accessibility to major rail, air facilities, or highways. This district is designed to upgrade industrial development standards, prevent industrial blight, and protect light industrial development from incompatible residential, commercial or heavy industrial uses. This district should function as a buffer or transition between heavy industrial development and commercial development.
(b) Permitted uses. Uses permitted in an LI, Light Industrial District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an LI, Light Industrial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-18)
Sec. 28.03.015 HI, Heavy Industrial District regulations
(a) General purpose and description. The HI, Heavy Industrial District, is intended to provide for heavy industrial uses and other uses not otherwise provided for in the other districts. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts and most commercial districts wherever possible.
(b) Permitted uses. Uses permitted in an HI, Heavy Industrial District, are set forth in section 28.03.023.
(c) Area and height regulations. Area and height regulations in an HI, Heavy Industrial District, are set forth in section 28.03.024.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-19)
Sec. 28.03.016 PUD, Planned Unit Development District regulations
(a) General purpose and description. The purpose of the PUD, Planned Unit Development District, is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district provides for greater flexibility in the design of buildings, yards, courts, and circulation than provided by other districts.
(b) Permitted uses. Uses permitted in a PUD, Planned Unit Development District, are set forth in section 28.03.023. A specific use permit is required before a building permit may be issued in this district except for single-family residential development and accessory uses.
(c) Development standards and regulations. Minimum standards for developments in this district are set forth in section 28.04.004.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-20)
Sec. 28.03.017 HC-L, Historic-Cultural Landmark Preservation designation
(a) General purpose and description. The HC-L, Historic-Cultural Landmark Preservation designation, in general is intended to provide for the protection, preservation and enhancement of buildings, structures, sites and areas of architectural, historical, archaeological or cultural importance or value. More specifically, this district has the following expressed purposes:
(1) To stabilize and improve property values;
(2) To encourage neighborhood conservation;
(3) To foster civic pride in the beauty and accomplishments of the past;
(4) To protect and enhance the city’s attractions to tourists and visitors;
(5) To strengthen and help diversify the economy of the city; and
(6) To promote the use of historic-cultural landmarks for the education, pleasure and welfare of the community.
This district supplements the regulations of the underlying zoning district classification. The zoning map shall reflect the designation of a Historic-Cultural Landmark Preservation designation by the letters “HC-L” as a suffix to the underlying zoning district classification.
(b) Permitted uses. The permit uses in the HC-L, Historic-Cultural Landmark Preservation designation, shall be determined by the underlying zoning district classification. Historical use activities within the HC-L designation, such as museums or historical organizational offices, shall be permitted when granted by a specific use permit as set forth in section 28.04.001, when the underlying zoning is residential or would otherwise not permit the historical use. Accessory uses, including fundraising activities, may be approved as a part of the specific use permit.
(c) Area and height regulations. The area and height regulations shall be determined by the underlying zoning district classification.
(d) Supplemental regulations. Buildings, structures, sites and areas zoned “HC-L” shall be subject to the following regulations and to the regulations set forth in section 28.02.007 of this chapter.
(1) Exterior alterations and changes. No person or entity shall construct, alter, change, restore, remove, demolish, or obscure any exterior architectural feature of a building or structure located in an HC-L, Historic-Cultural Landmark Preservation designation, unless first applying to and receiving from the historic landmark commission a certificate of appropriateness as set forth in section 28.02.007.
(2) Demolition or removal of a building or structure. No building or structure awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be demolished or removed without the approval of the historic landmark commission or the city council as set forth in section 28.02.007.
(3) Omission of necessary repairs. Buildings and structures awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be maintained so as to ensure the structural soundness and integrity of the building or structure and its exterior architectural features as set forth in section 28.02.007.
(Ordinance 93-28, sec. 1, adopted 6/29/93; 1978 Code, sec. 30-21.1)
Sec. 28.03.018 Historic-Cultural Landmark Preservation Overlay District
(a) Definitions. Unless the context clearly indicates otherwise, in this section: Attention-getting device. Any device, except for permitted signs and flags, that is used for the purpose of attracting the attention of the public to a commercial establishment. An attention-getting device shall include, but not be limited to, streamers, flags (other than U.S. or state), balloons, pennants or decorations.
Banner. A sign made of fabric or any nonrigid material with no enclosing framework.
Blockface. All of the lots on one side of a block.
Certificate of appropriateness. A certificate issued by the city to authorize the alteration of the physical character of real property in a district, or any portion of the exterior of a structure on the property, or the placement, construction, alteration, nonroutine maintenance, expansion, or removal of any structure on or from the property.
Column. The entire column including the base and capital, if any.
Contributing structure. A structure which physically or historically contributes to the historic value of an historic district.
Corner side facade. The main building facade facing the side street.
Director. The director of the planning division or his/her representative.
Educational land uses. (See “Institutional land uses.”)
Exterior architectural feature. Means, but shall not be limited to, the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures.
Fluorescent color. Colors defined (Munsell Book of Color) as having a minimum chroma value of eight (8) and a maximum of ten (10).
Front facade. The main building facade facing the street upon which the main building is addressed.
Furniture, street. Man-made, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and phone booths.
Institutional land uses. Those properties owned or otherwise administered by organizations of higher education, vocational training centers and museums. Churches, synagogues, social, civic, fraternal and professional organizations, specialty schools, residential care facilities, day care centers, nursing homes, clinics and hospitals and all other uses not specifically excluded are bound by the terms of this section.
Masonry paver. A solid brick or block of masonry material used as a paving material.
Metallic color. A paint color which has pigments that incorporate fine flakes of bronze, aluminum, or copper metal.
Move-in building. A building that has been moved onto an existing lot.
Preservation criteria. The standards considered by the director and the historic landmark commission to determine whether a certificate of appropriateness should be granted or denied.
Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
Sign, fence. Signs attached or affixed to any type of fence.
Sign, mobile. Business signs used to advertise an establishment or service which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked.
Sign, moving. Signs which in whole, or part, do not remain stationary at all times, regardless of power source which effects movement.
Trim color. A paint color other than the dominant color. Stain is not a trim color. Trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors and ceilings.
(b) Reconciliation with other ordinances. All city codes, as amended, apply to all historic districts unless expressly modified by ordinance.
(c) Enforcement.
(1) Certificate of appropriateness required. A person commits an offense if (s)he is responsible for an alteration of the physical character of any real property located in an historic district, or any portion of the exterior of a structure on the property, or the placement, construction, maintenance, expansion, or removal of any structure on or from the property, unless the act is expressly lawfully authorized by a certificate of appropriateness.
(2) Exceptions. An alteration may by excused from strict enforcement under subsection (1) hereinabove if it is:
(A) In a rear yard not exceeding six (6) feet in height;
(B) In a side yard, six (6) feet or less in height, and totally screened by a fence, as permitted by this section, or hedge that is at least six (6) feet in height;
(C) The installation, maintenance, or replacement of:
(i) A yard sprinkler system; or
(ii) A central air conditioning unit in the side or rear yard; or
(iii) A room air conditioning unit.
(D) Temporary in nature. An alteration is temporary in nature if it occurs no more than two (2) time periods per calendar year for a maximum of five (5) days per time period.
(3) Additional offenses. A person commits an offense if (s)he is responsible for a violation of the use regulations or development standards of this section.
(4) Responsibility. A person is responsible for a violation if (s)he: (A) Commits or assists in the commission of an act in violation; or
(B) Owns part or all of the land or a structure on the land where a violation exists.
(d) Use regulations for historic districts. All previous uses legally permitted by the underlying zoning district receiving Historic-Cultural Landmark Preservation designation shall remain so upon adoption of this section.
(e) Development standards for historic districts. The following development standards apply to historic districts:
(1) Density. Structures within an historic district must comply with standards established in the city Code of Ordinances (section 28.03.024).
(2) Height. Structures within an historic district must comply with standards established in the Code of Ordinances (section 28.03.024) for the underlying zoning district or thirty-five (35) feet, whichever is less.
(3) Story limitation. For the purposes of this section, the maximum permitted number of stories is three (3).
(4) Lot size. Lots within an historic district must comply with standards established in the city Code of Ordinances (section 28.03.024).
(5) Special exception. Lots platted, meaning already approved by the city planning division or planning commission, on or before the effective date of this section, are legal building sites even though they may not conform to the requirements of this section.
(6) Setbacks. All structures within an historic district must comply with the standards established in the city Code of Ordinances (section 28.03.024).
(7) Off-street parking. All structures within a historic district must comply with the standards established in the City of Beaumont Code of Ordinances (section 28.04.002). In addition:
(A) In general. All off-street parking, whether used to fulfill minimum parking requirements or as excess parking, must be provided on the lot occupied by the primary use or on a separate lot located within one hundred (100) feet of said property. All off-street parking must be set back along street frontages not less than the required yard setbacks or as far back as the front of immediately adjacent buildings, whichever is greater.
(B) Parking on vacant lots. On vacant lots, no permanent off-street surface parking is permitted on grassed areas. Said grassed areas may not be paved or otherwise destroyed without a certificate of appropriateness.
(C) Parking in front or side yards. Within front or side yards, off-street surface parking is not permitted on grassed areas. Said grassed areas may not be paved or otherwise destroyed without a certificate of appropriateness. Vehicles may only be parked on paved surfaces.
(D) Structured parking. Vehicular access to parking structures with a vehicle storage capacity of three (3) or more is not permitted to or from the street on which the main building fronts, unless the lot abuts no other street or alley.
(E) Screening. Screening of off-street parking for multiple-family, commercial and industrial uses must comply with standards established in the Code of Ordinances (section 28.04.006).
(F) Surface materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and clay surfaces are not permitted.
(G) Driveways. Driveway widths shall not exceed the following dimensions:
(i) Residential:
a. Single-family: 20 feet.
b. Two-family: 20 feet.
c. Multiple-family: 24 feet.
(ii) Commercial: 24 feet.
(iii) Industrial: 35 feet.
(8) Signs. Signs must not obscure significant architectural features, windows or doors of the building. The shape, materials, color, design, and letter style of signs must be typical of and compatible with the style and period of the architecture of the building and complement the district. Signs shall only be allowed where permitted by section 28.04.003 of this code. In addition, all signs within the district must comply with the following standards:
(A) Detached signs. Only one (1) detached sign is permitted on each lot and subject to the following restrictions:
(i) The structural support of the sign must be located at least five (5) feet from any public right-of-way or property line dividing properties of different ownership. No part of any sign shall overlay any property line.
(ii) The sign must be six (6) feet or less in height;
(iii) The sign shall not be illuminated; and
(iv) The sign shall not exceed twelve (12) square feet in area.
(B) Attached signs. No more than two (2) attached signs are permitted on each building. Each sign must:
(i) Not be illuminated, except by one external floodlight not to exceed one hundred fifty (150) watts in power;
(ii) Not exceed six (6) square feet in area; and
(iii) Not be located in or in front of any window or doorway.
(C) Prohibited signs. The following types of signs are prohibited in an historic district: (i) Advertising signs;
(ii) Illuminated signs;
(iii) Neon or fluorescent signs;
(iv) Signs affixed, either permanently or temporarily, to street furniture;
(v) Portable signs, excluding political and realty signs as defined in section 28.04.003, sign regulations, as outlined in the city Code of Ordinances;
(vi) Mobile signs;
(vii) Moving signs; and
(viii) Fence signs.
(ix) Banners for commercial use, to exclude one (1) U.S. and one (1) state flag, neither to exceed four (4) feet by six (6) feet in size.
(x) Other attention-getting devices used by commercial establishments.
(9) Litter/trash and junk. Section 12.07.001 [article 12.07], litter control and sections 22.05.051 through 22.05.061, solid waste collection by the city, as outlined in the city Code of Ordinances, applies to all properties within any historic district. In addition, an approved container as defined by same must be located in the rear yard of the subject property with exception allowed for pickup and disposal of said litter not to exceed a twenty-four-hour period. All fixed or otherwise immobile trash containers must be set back from the property line no less than twenty-five (25) feet or be completely screened from view from any street via landscaping and fencing.
(10) Outdoor furniture. Furniture or appliances which are constructed of materials which are intended for indoor use only or would otherwise be susceptible to water damage, rot or destruction must not be placed on an open porch or outdoors.
(11) Outdoor merchandising. No business shall display any merchandise outdoors within a historic district.
(f) Rehabilitation guidelines. The following standards for rehabilitation shall be employed by the director and the historic landmark commission to evaluate a certificate of appropriateness.
(1) Every reasonable effort should be made to provide compatible uses for properties mandating minimal alteration of the building, structure, or site and its environment.
(2) The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) All buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance will be discouraged.
(4) Changes which may have taken place in time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and should be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site should be treated with sensitivity.
(6) Deteriorated architectural features should be repaired rather than replaced if possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of structures should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.
(8) Every reasonable effort should be made to protect and preserve archeological resources affected by, or adjacent to any project.
(9) Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property and its environment.
(10) Wherever possible, new additions or alterations to structures should be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(g) Preservation criteria for an historic designation.
(1) Building placement form and treatment.
(A) Accessory buildings. Accessory buildings are only permitted in the rear yard and the interior side yard and must be compatible with the scale, shape, roof form, materials, detailing, and color of the main building. Accessory buildings must have pitched roofs. Prefabricated metal accessory buildings are permitted if they are completely screened from view from any abutting street.
(B) Additions. Additions to a main building are only permitted on the side and rear facades, except that a porch may be added to the front facade. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing, and color of the building.
(C) Architectural detail. Materials, colors, structural and decorative elements, and the manner in which they are used, applied, or joined together must be typical of the style and period of the other buildings, if any, on the blockface and compatible with the contributing structures in the historic district.
(D) Awnings. Awnings on the front and corner side facade must be made of fabric or wood and complement the main building in style and color. Metal and corrugated plastic awnings are only permitted on an accessory building or the rear facade of a main building. Other awnings must be typical of the style and period of the main building, and compatible with the contributing structures of a similar style in the historic district. (E) Building placement. All structures within an historic district must comply with the standards established in the city Code of Ordinances (section 28.03.024).
(F) Building widths. All structures within an historic district must comply with the property setback standards established in the city Code of Ordinances (section 28.03.024).
(G) Chimneys. All chimneys must be compatible with the style and period of the main building and the contributing structures of a similar style in an historic district. Chimneys on the front fifty (50) percent of a main building or on a corner side facade must be:
(i) Constructed of brick or other materials that look typical of the style and period of the main building; and
(ii) Of a style and proportion typical of the style and period of the main building.
(H) Color.
(i) In general. When painting the exterior of structures, property owners shall use dominant colors that comply with the officially adopted acceptable color range as maintained in the office of the planning director. Any dominant colors that are not within the officially adopted acceptable color range must be reviewed and approved by the historic landmark commission based on their appropriateness to and compatibility with the structure, blockface and the historic district.
(ii) Brick surfaces. Brick surfaces not previously painted may not be painted unless the applicant establishes that the color and texture of replacement brick cannot be matched with that of the existing brick surface or that the painting is necessary to restore or preserve the brick itself.
(iii) Certain colors prohibited. Fluorescent and metallic colors are not permitted on the exterior of any structure in an historic district.
(iv) Dominant and trim colors. All structures must have a dominant color and no more than five (5) trim colors. Trim colors must complement the dominant color of a structure and be appropriate to and compatible with the structure, blockface and the overall character of the historic district. The colors of a structure must be complementary to each other and the overall character of the historic district.
(v) Gutters and downspouts. Where appropriate, gutters and downspouts must be painted or colored to match the trim color or the roof color of the structure.
(vi) Roof colors. Roof colors must complement the style and overall color scheme of the structure.
(vii) Stain. The use and color of stain must be typical of the style and period of the building.
(I) Columns.
(i) Function. Columns are only permitted as vertical supports near the front entrance of the main building or as vertical supports for porches.
(ii) Materials. Columns must be constructed of brick, wood, aluminum or other materials that look typical of the style of the main building.
(J) Facade materials.
(i) In general. The only permitted facade materials are brick, wood siding, vinyl siding and wood and fiber cement products that look like wood siding. All facade treatments must be done in a manner so as not to change the character of the building or irreversibly damage or obscure the architectural features and trim of the building.
(ii) Facades. Existing facades must be preserved to appear in a manner for which they were originally intended (no existing wood or stucco facade may be bricked). Wood shingles are not permitted as a primary facade material unless same is historically correct.
(K) Front entrances and porches.
(i) Detailing. Railings, moldings, tilework, carvings, and other detailing and architectural decorations on front entrances and front porches must be typical of the style and period of the main building and the contributing structures of a similar style in the historic district.
(ii) Enclosures. A front entrance or front porch may not be enclosed with any material, including iron bars, glass, or mesh screening without a certificate of appropriateness.
(iii) Floor coverings. Carpeting is not permitted as a front porch floor or step covering.
(iv) Style. Each front porch and entry treatment must have a shape, roof form, materials, and colors that are typical of the style and period of the building, and must reflect the dominant horizontal or vertical characteristics of the main building and the contributing structures of a similar style in the historic district.
(L) Porte cocheres. Porte cocheres must be preserved as architectural features and not be enclosed by fences, gates, or any other materials without a certificate of appropriateness.
(M) Roof forms.
(i) Materials and colors. Roof materials and colors must complement the style and overall color scheme of the building or structure. On residential structures, tar and gravel (built-up) is permitted only as a roof material on covered porches and porte cocheres with flat roofs. Carpet is not permitted as a roof material. Composition shingle, cedar shingle, and metal roofing materials may be permitted.
(ii) Overhang. The minimum permitted roof overhang for a new or move-in main building is twelve (12) inches. A replacement roof on an existing building must have an overhang equal to or greater than the overhang of the roof it replaces.
(iii) Patterns. Roof patterns of a main building must be typical of the style and period of the architecture of the building and the contributing structures of a similar style in the historic district.
(iv) Slope and pitch. The degree and direction of roof slope and pitch must be typical of the style and period of the main building and compatible with existing building forms in the historic district. In no case is a roof permitted with a pitch less than a four and one-half (4-1/2) inch rise in any twelve (12) inch horizontal distance. Flat roof designs are not permitted on main or accessory buildings or structures, except that a covered porch or porte cocheres may have a flat roof that is typical of the style and period of the main building. (N) Windows and doors.
(i) Front facade openings.
a. Glass. Clear, decorative stained, beveled, etched, and clear leaded glass may be permitted in any window opening. Reflective, tinted, opaque, and mirrored glass and plastic are not permitted in any opening. Translucent glass is not permitted, except in a bathroom window. No glass pane may exceed sixteen (16) square feet in area unless part of the original design.
b. Screens, storm doors, and storm windows. A screen, storm door, or storm window on a front or side facade of a main building may be permitted only if:
1. Its frame matches or complements the color scheme of the main building; and
2. It does not obscure significant features of the window or door it covers.
c. Security and ornamental bars. Security and ornamental bars are permitted pending review by the director on any side of a main or accessory building abutting a street.
d. Shutters. Shutters must be typical of the style and period of the building and appear to be installed in a manner to perform their intended function.
e. Style.
1. All windows and doors in the front or side facade of a main building must be proportionally balanced in a manner typical of the style and period of the building.
2. No single, fixed plate glass is allowed except as part of an original period design. The size and proportion of window and door openings located on the front and side facades of a main building must be typical of the style and period of the building.
3. All windows, doors, and electrical lights in the front and side facades of a main building must be typical of the style and period of the building. Windows must contain at least two (2) window panes. Sidelights must be compatible with the door or windows with which they are associated.
4. The frames of windows should be trimmed in a manner typical of the style of the building.
(2) Landscaping. All properties within an historic district must comply with all existing landscaping requirements as illustrated in section 28.04.006 of the city Code of Ordinances.
(3) Fences. The director may approve a fence not in compliance with this paragraph if the applicant establishes the fence is historically sensitive or unless the absence of said fence poses a significant hazard to life or property.
(A) Form. Fences must be constructed and maintained in a vertical position.
(B) Height. Within a front yard, no solid fence or wall shall be erected to exceed a height of four (4) feet, unless a taller fence is required to screen off- street parking or screen incompatible land uses as required in section 28.04.006 of the Code of Ordinances. In no circumstances shall a solid wall or fence located in a front yard exceed a maximum height of six (6) feet. A fence or wall that is at least eighty (80) percent open may be erected to a maximum height of six (6) feet.
(C) Location.
(i) A fence in an interior side yard must be located no further forward on the lot than the front of the main building.
(ii) A fence in a corner side yard must not be directly in front of the corner side facade, except that the director may allow a fence that is directly in front of the corner side facade if:
a. More screening is necessary to insure privacy due to unusually high pedestrian or vehicular traffic; and
b. The fence does not screen all or any portion of a significant architectural feature of the main building.
(iii) A fence must run either parallel or perpendicular to a building wall or lot line.
(D) Materials. A fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted.
(E) Masonry columns and bases.
(i) The color, texture, pattern and dimensions of masonry and the color, width, type and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practicable.
(ii) All exposed brick in a fence column or base must be fired brick as defined by the American Standard Testing Materials Designation C-126- 75A, Type Grade FBS-SW.
(F) Metal fences. Wrought iron and metal fences must be compatible with the style and period of the main building. Chain-link, barbed wire and razor wire fences are permitted only in back yards and must not be visible from any street.
(G) Wooden fences.
(i) All wooden structural posts must be at least four (4) inches by four (4) inches in diameter (nominal size).
(ii) The side of the wooden fence facing a public street must be the finished side.
(iii) Wooden fences may by painted or stained a color that is complementary to the main building.
(h) Review procedures for certificates of appropriateness in an historic district. (1) In general. The review procedure for maintenance, replacement, additions, deletions and new construction apply to any historic district except as expressly modified by this section.
(2) Time limit. Certificates of appropriateness shall be valid for a period of six (6) months from time of issuance. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the planning manager for the application, provided the extension is requested in writing and justifiable cause is demonstrated. If work ceases for ninety (90) days, the applicant must reapply.
(3) Actions not requiring review.
(A) Routine maintenance and replacement. Routine maintenance and replacement includes processes of cleaning (including water blasting and stripping) and replacing with like kind, duplicating, or stabilizing deteriorated or damaged architectural features (excluding paint color).
(B) Minor alterations. A certificate of appropriateness is not required for the following minor alterations:
(i) The maintenance of:
a. Fences;
b. Signs;
c. Pavement.
(ii) The restoration of original architectural elements to original specifications.
(iii) Interior renovations and remodeling.
(4) Actions requiring review by the planning manager. In addition to other applicable permitting, the planning manager shall review, within thirty (30) days of acceptance, an application for a certificate of appropriateness for the following minor exterior alterations. Applications requiring review by the historic landmark commission shall be forwarded by the planning manager to the commission within thirty (30) days of receipt of said application. The planning manager shall determine whether the proposed work complies with the preservation criteria and regulations contained in this section and all other applicable ordinances. If the proposed work complies, the manager shall grant the certificate.
(A) The application, installation or replacement of:
(i) Fences;
(ii) Existing paint of any legally nonconforming color;
(iii) Paint that complies with the officially adopted acceptable color range as maintained in the office of the planning manager;
(iv) Trim colors;
(v) Signs;
(vi) Pavement;
(vii) Security bars;
(viii) Windows.
(B) The demolition, construction, placement or relocation of an accessory structure.
(5) Review by the historic landmark commission.
(A) The standards contained in this section should be used by the historic landmark commission in making its decisions concerning a certificate of appropriateness.
(B) The historic landmark commission shall review, within thirty (30) days of receipt, all applications for certificates of appropriateness forwarded to it by the manager, most notably including the demolition, construction placement or relocation of any main structure. In reviewing an application, the historic landmark commission shall determine whether the proposed work complies with the preservation criteria and regulations contained in this section and all other applicable ordinances. If the proposed work complies, the historic landmark commission shall grant the certificate.
(C) Except as otherwise provided in this section, if the proposed work does not comply with the preservation criteria and regulations contained in this or any other applicable ordinance, the historic landmark commission shall deny the certificate.
(D) If the proposed work will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface in an historic district, or of an historic district as a whole, the historic landmark commission shall grant the certificate. In determining whether the proposed work constitutes the restoration of original architectural elements, the historic landmark commission shall consider all available materials, including but not limited to photographs and drawings showing the original appearance of the building and its surrounding property at the time of construction.
(E) If the proposed work is not addressed by the preservation criteria and regulations contained in this section and all other applicable ordinances, and will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface of an historic district, or of an historic district as a whole, the historic landmark commission shall grant the certificate.
(6) Who may appeal. Only the applicant and/or the property owner may appeal a decision by the manager or the historic landmark commission to deny a certificate of appropriateness. An appeal of a decision of the planning manager must be undertaken in the manner outlined in the city’s Code of Ordinances (section 28.02.005). An appeal from a decision of the historic landmark commission must be taken to city council within ten (10) business days after the decision has been rendered.
(7) Exceptions. Properties which are determined by the planning manager to be threats or hindrances to the health, safety, morals and general welfare of the citizens of the city shall be automatically exempted from the certificate of appropriateness review.
(i) Nonconforming uses and structures. (1) In general. Except as otherwise provided in this section, section 28.04.005 of the city Code of Ordinances relating to nonconforming uses and structures, applies to all historic districts.
(2) Rebuilding damaged or destroyed buildings or structures. If a lawful nonconforming building or structure in an historic district is damaged by fire, explosion, act of God or other calamity, the building or structure may be rebuilt at the same location with the approval of the director as long as the building does not increase whatsoever the degree of nonconformity. New construction that replaces damaged buildings and would increase the degree of nonconformity must comply with the design guidelines provided in this section.
(3) Amortization of nonconforming structures and gravel and shell parking lots. With exception provided for main and accessory structures and fences, all structures and gravel and shell parking lots which are not erected under the terms of this section at the time of the adoption of same must be removed or otherwise made to conform with the terms of this section within four (4) years of the effective date of this section. There shall be granted no exceptions or extensions.
(j) Designation as a contributing structure. For the purposes of this section, a property owner may wish to have a structure within an historic district to be singularly distinguished as a contributing structure. To obtain this designation, a property owner must follow the standard procedure set forth in section 28.02.007 (HC-L, Historic- Cultural Landmark Preservation designation).
(Ordinance 93-28, sec. 1, adopted 6/29/93; Ordinance 93-50, sec. 1, adopted 8/24/93; Ordinance 95-50, sec. 1, adopted 8/29/95; Ordinance 98-27, sec. 1, adopted 3/24/98; Ordinance 00-83, sec. 1, adopted 9/26/00; Ordinance 01-018, sec. 1, adopted 3/6/01; Ordinance 02-008, secs. 1–3, adopted 1/29/02; 1978 Code, sec. 30-21.2; Ordinance 10-040, sec. 1, adopted 6/8/10; Ordinance 13-003, secs. 1–2, adopted 1/15/13)
Sec. 28.03.019 PD, Port Development District regulations
(a) General purpose and description. The PD, Port Development District, is intended to accommodate the port or port-related development of property owned by the Port of Beaumont Navigation District. This district is located in close proximity to the Port of Beaumont in the area which is bordered generally on the west by Cypress, Main, Blanchette, Sabine Pass and Carroll Streets, on the north by the Neches River, and on the south by Buford and Grant Streets.
(b) Permitted uses. Any use which is not otherwise prohibited by applicable local codes or ordinances.
(c) Area and 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)
Sec. 28.03.020 UC, Urban Corridor Overlay District regulations
(a) General purpose and description.
(1) The UC, Urban Corridor Overlay District, in general is intended to preserve and improve the physical environment along Martin Luther King Parkway; promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along this corridor; ensure that signage provides the essential identity of facilities along this roadway; and prevent needless clutter in appearance along this corridor.
(2) This district supplements the regulations of the underlying zoning district classifications. The zoning map shall reflect the designation of an Urban Corridor Overlay District by the letters “UC” as a suffix to the underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Sign, attached. A sign which is attached to or painted on the outside face of a building. An attached sign is also erected parallel to the face of the building, supported by the building and does not extend more than eighteen (18) inches from the face of the building wall or above the roof line of the building to which the sign is affixed.
Sign, detached. A sign which is wholly supported by one (1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade.
Sign, electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time/temperature” portion of a sign and not a commercial message or an electronic reader board sign for purposes of this chapter.
Sign, fence. A sign attached or affixed to any type of fence.
Sign, mobile. A business sign used to advertise an establishment or services which are on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked.
Sign, moving. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement.
Sign, portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place.
(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, shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the chief building inspector in accordance with the requirements of this chapter and the International Building Code.
(2) Prohibited signs. The following types of signs are prohibited in this Urban Corridor Overlay District:
(A) Off-premises advertising signs.
(B) Mobile signs.
(C) Moving signs. (D) Portable signs. For the purpose of this section, trailer signs and signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Banners, except for grand opening signs.
(3) Signs in residential–UC districts. Signs shall not be permitted in urban corridor overlay residential districts except as specifically authorized in this section.
(A) One (1) detached identification sign may be constructed to identify 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 sign must be for permanent identification of a subdivision.
(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 owner identification sign shall be permitted for a multiple-family development, nonresidential, or institutional building for each abutting street subject to the following conditions and restrictions:
(i) The sign shall not exceed twenty (20) square feet in area.
(ii) The sign shall not exceed five (5) feet in height.
(iii) Except for electronic reader board signs, no sign shall be lighted except by reflective floodlight type illumination. There shall not be any flashing lights or any type of intermittent illumination, except as allowed below:
a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign.
b. The message copy may change no more than once every forty-five (45) seconds.
c. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
e. As measured at the property line, the maximum light emanation from a sign shall not be no greater than 0.2 footcandles.
f. Electronic reader board signs shall not be permitted in an historic district.
(iv) All parts of the sign shall be located a minimum of twenty-five (25) feet from the property line.
(v) The sign shall meet the wind load requirements of the building code.
(vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet.
(C) One (1) attached owner identification sign per multiple-family dwelling development or institutional building shall be permitted for each street abutting the development subject to the following conditions and restrictions:
(i) The sign shall be attached to or painted on the outside face of the building.
(ii) The attached sign shall be erected parallel to the face of the building, supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the building to which it is attached.
(iv) The sign shall not be lighted except by reflective floodlight type illumination. There shall not be any flashing or intermittent lights.
(v) No sign shall exceed ten (10) percent of the area of the wall to which it is attached, or one hundred fifty (150) square feet, whichever is less.
(D) One (1) detached owner identification sign shall be permitted 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 message copy may change no more than once every forty-five (45) seconds.
c. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached identification sign shall be allowed to have multiple colors.
e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
f. Electronic reader board signs shall not be permitted in a historic district.
(v) All parts of the sign shall be set back at least fifteen (15) feet from any property line.
(vi) The sign shall meet the wind load requirements set forth in the building code.
(vii) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet.
(E) One (1) attached owner identification sign shall be permitted for each commercial use in the RCR, Residential Conservation and Revitalization District, for each street abutting the lot upon which the use is located, subject to the following conditions and restrictions:
(i) The sign shall be attached to or painted on the outside face of the building.
(ii) The attached sign shall be erected parallel to the face of the building supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall.
(iii) The sign shall not exceed the height of the wall of the building to which it is attached.
(iv) The sign shall not exceed ten (10) percent of the area of the wall to which it is attached or one hundred fifty (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 owner identification sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood 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 owner identification sign.
b. The message copy may change no more than once every forty-five (45) seconds.
c. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
e. As measured at the property line, the maximum light emanation from a sign shall 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 owner identification sign, and one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood 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 owner identification sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establishment, located in the NSC, GC-MD, CM, LI and 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 owner identification sign.
b. The message copy may change no more than once every forty-five (45) seconds.
c. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
(D) One (1) attached owner identification sign, and one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establishment, in the NSC, CSC, GC-MD, CM, LI and 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 copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase occurs with respect to either the area or [of] any such sign or the manner in which it is structurally supported.
(B) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business.
(C) Nameplate and street address signs, less than three (3) square feet in size.
(D) Nonilluminated real estate signs, temporary in nature, not exceeding more than eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one (1) such sign shall be permitted on each street fronting the property.
(E) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one (1) sign for each street abutting the premises.
(F) Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height.
(G) Election signs temporary in nature, sixty (60) days minimum, less than eight (8) square feet in area and five (5) feet in height and not illuminated, when placed within a residentially zoned area. Election signs must be removed within ten (10) days after the election.
(H) Grand opening signs, not exceeding twenty (20) square feet in area when it is an attached sign and not exceeding twenty (20) square feet in area and five (5) feet in height when it is a detached sign. The sign shall contain the words “Grand Opening” only and must receive a fifteen-day building permit from the city.
(I) Traditional and seasonal national, state, and religious holiday displays erected without advertising shall not be subject to the provisions of this chapter, but shall be subject to the fire code and [other regulations] of the city.
(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)
Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations
(a) General purpose and description. The Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, in general recognizes that this area will be the major growth area of the city and is therefore intended to provide for the essential identity of facilities along the streets and prevent needless clutter in the area through uniform signage; to preserve and improve the physical environment in the city; and promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along the streets in this area. This district supplements the regulations of the underlying zoning district classifications. The zoning map shall reflect the designation of a Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters “MD” as a suffix to the underlying zoning district classifications.
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Attention-getting device. Any device, other than a permitted sign, that is used to attract the attention of the public to a particular business, location, product or service.
Frontage. That portion of any tract of land which abuts a public street right-of-way, measured along the street line.
Multi-tenant business development. A development under the same ownership consisting of two (2) or more business establishments separated by a tenant separation wall, using common driveways and on-site parking facilities, including, but not limited to, shopping centers, office complexes, office buildings and business parks. Retail co- branding shall not be considered a multi-tenant business development.
Sign, advertising. A sign, other than an accessory owner identification sign, which directs attention to a business, commodity or service.
Sign, banner. A type of sign that is generally constructed of lightweight plastic, fabric or a similar non-rigid material, and that is mounted/tethered to a pole(s), building or other structure at one (1) or more edges. A banner typically exhibits a text message and/or a symbol(s) for the business located on the property, or for a product or service provided by that business. National, state or local government flags are not considered banners. Sign, detached. A sign which is wholly supported by one (1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade.
Sign, double-faced. A single sign with two (2) parallel sign faces back-to-back.
Sign, electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time/temperature” portion of a sign and not a commercial message or an electronic reader board sign for purposes of this chapter.
Sign facing. The facing of any sign upon, against, or through which the message is displayed or illustrated; provided however, for signs in which the words, letters or symbols are independently mounted, the sign facing shall mean the smallest regular geometric form containing all of the individual words, letters and symbols. Size of the sign shall be determined by the lettering. However, if there is background in addition to the lettering, background material shall be included if the background is uniquely associated with the letters.
Sign, fence. A sign attached or affixed to any type of fence.
Sign, mobile. A business sign used to advertise an establishment or services which is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked.
Sign, monument. A sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.
Sign, moving. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement.
Sign, owner identification. A sign which is located on the same lot or development and pertains only to the use of that premises and which contains information pertaining to the name of the owner, occupant, or management associated with the use of the property, the kind of business or the brand name of the principal commodity sold on the premises, or other information relative to a service or activity involved in the conduct of the business, but not including the names of subsidiary products being sold.
Sign, pennant. A sign consisting of a series of flags constructed of cloth or other limp material.
Sign, portable. A sign not permanently affixed to the ground or to a building, which is designed to permit removal and reuse.
Single-tenant business establishment. A project or undertaking which involves the use of any property, building or structure, permanent or temporary, for the primary purpose of conducting on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered by a business establishment shall be considered a single-tenant business establishment for the purposes of this section. This definition shall include, but not be limited to, retail co-branding such as convenience stores with gas pumps and restaurants, grocery stores with banks and discount stores with other incidental uses.
Tenant separation. A partition or floor/ceiling assembly or both constructed between tenants as per the adopted building code.
(c) Permitted uses. The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be determined by the underlying zoning district classification.
(d) Boundaries.
For place of beginning, begin at a point in the north right-of-way line of Tolivar Road, a 60-foot-wide street right-of-way, said point also being in the southwest corner of Lot 7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas;
Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322.4 feet, more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50 feet to the centerline of said State Highway 105 to a point for corner; thence west along the centerline of State Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a distance of 50 feet to a point in the north right-of-way line of State Highway 105;
Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60 feet to a point in the centerline of Major Drive (FM 364); thence south a distance of 200 feet, more or less, to a point for corner; thence east a distance of 60 feet to a point in the east right-of-way line of Major Drive (FM 364);
Thence east along the south line of Block 1, Griffing Villa, Unit 1, recorded in the Jefferson County Map Records in Vol. 12, Page 80, and also being in the north line of Lot 2, Rand Addition, recorded in the Jefferson County Map Records in Vol. 15, Page 39, a distance of 660 feet to a point for corner in the northeast corner of Lot 2, Rand Addition; thence south a distance of 526.07 feet to a point for corner;
Thence east along a line which is 200 feet north of and parallel to the north right-of-way line of State Highway 105 to a point in the west line of a 60-foot-wide Drainage District #6 drainage easement; thence in a southeasterly course along the west line of the DD#6 drainage easement to a point which is 100 feet north of the north right-of- way line of State Highway 105; thence east a distance of approximately one mile to a point in the west line of Tract A out of Lot 1, out of Lot 2, Block 2, W.E. Johson Addition, said point lying 100 north of State Highway 105;
Thence south to a point in the centerline of Highway 105; thence east approximately 250 feet to a point in the centerline of Highway 105 and approximately 100 feet east of the east right-of-way line of Old Dowlen Road; thence south along a line 100 feet east of the east right-of-way line of Old Dowlen Road to a point in the north property line of the Wal-Mart Stores Subdivision; thence east along the north line of said subdivision a distance of 954.83 feet to the northeast corner of said subdivision; thence south along the east side of said subdivision a distance of 896.70 feet to a point in the north right-of-way line of the 100-foot wide Dowlen Road; thence south a distance of 200 feet to a point 100 feet south of Dowlen Road;
Thence in a northeast and easterly direction along a line 100 feet south of Dowlen Road to a point in the west line of the Ed Snowden Properties Subdivision (Vol. 13, Pg. 120, Jefferson County Map Records); thence south along the west line of the Ed Snowden Subdivision and then continuing south along the west line of Tract 3 of the South Parkdale Addition (Vol. 14, Page 234, J.C.M.R.), and continuing south along the west line of a 60-foot-wide Drainage District No. 6 drainage easement to a point in the north line of a 70-foot-wide DD#6 drainage easement (Hillebrandt Bayou); thence south a distance of 35 feet to the centerline of the Hillebrandt Bayou; thence in a southerly direction along the centerline of Hillebrandt Bayou and following the meanderings of the bayou and crossing Folsom Drive and Delaware Street a total distance of approximately 6,500 feet to a point for corner in the centerline of Hillebrandt Bayou;
Thence west to the northeast corner of Lot 7, Block 1, Park West Addition; thence continuing west a distance of 261.69 feet to a point, and continuing west across the north lines of Lots 1–4, Block 1, Park West Addition (J.C.M.R Vol. 15, p. 208) an additional distance of 370.32 feet to a point in the northwest corner of Lot 1, Block 1, Park West to a point for corner in the centerline of Dowlen Road, a 100-foot-wide right-of-way;
Thence south for 700 feet along the centerline of Dowlen Road to a point at the north intersection of Dowlen Road and Wellington Place, a 60-foot-wide street right-of- way, said point lying in the east line of Dowlen Road; thence east a distance of 30 feet to a point in the centerline of Wellington Place; thence south along the centerline of Wellington Place a distance of 1,800 feet, more or less, to a point for corner; thence due west and continuing along the centerline of Wellington Place a distance of 900 feet, more or less, to a point for corner, said point lying 100 feet east of the east right-of-way line of Dowlen Road;
Thence south along a line 100 feet east of and parallel to Dowlen Road a distance of 1,600 feet, more or less, to a point for corner 100 feet south of the south right-of-way line of Gladys Avenue;
Thence west crossing Dowlen Road and continuing west along a line 100 feet south of the south right-of-way line of Gladys Avenue to a point for corner 100 feet west of the west right-of-way line of North Major Drive (FM 364) and 100 feet south of the south right-of-way line of Gladys Avenue;
Thence north along a line 100 feet west of the west right-of-way line of North Major Drive (FM 364) to a point in the south right-of-way line of Dishman Road, said point being the corporate limits of the City of Beaumont; thence east to a point in the centerline of North Major Drive (FM 364) being the corporate city limits; thence north approximately 3647 feet along the centerline of North Major Drive (FM 364) to a point; thence west approximately 50 feet to the west right-of way line of Major Drive (FM 364) and the southeast corner of Tract 2, Abstract 33, A Houston Survey (33.5870 acres);
Thence west along the south property line of Tract 2, Abstract 33, A Houston Survey (33.5870 acres) approxinnately1004 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-of-way; thence north 32° east a distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square miles, more or less.
(e) Area and height regulations. Minimum lot area, width, depth, yard and building height shall be determined by the underlying zoning district classification.
(f) Sign regulations. Signs shall not be permitted within the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically authorized in this section.
(1) Permit requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the building official in accordance with the requirements of this chapter and the International Building Code.
(2) Prohibited signs. In addition to the prohibited signs listed in section 28.04.003(f), the following types of signs are prohibited in this overlay district:
(A) Advertising signs.
(B) Mobile signs.
(C) Moving signs.
(D) Portable signs. For the purpose of this section, trailer signs and signs on benches are considered to be portable signs.
(E) Fence signs.
(F) Pennants, decorations or other attention-getting devices.
(3) Sight distance. No sign shall be located within a 30-foot by 30-foot triangular shaped portion of land established at street intersections and driveway/street intersections in such a manner as to limit or obstruct the sight line of motorists entering or leaving the intersection. A two (2) square foot in area directional sign may be located within the required sight triangle.
(4) Signs in residential-MD districts. Signs shall not be permitted in Major/Dowlen/ Gladys/Hwy. 105 sign overlay residential districts except as specifically authorized in this section.
(A) One (1) detached identification 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 sign must be for permanent identification of a subdivision.
(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 owner identification monument 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 reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign.
b. The message copy may change no more than once every forty-five (45) seconds.
c. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
f. Electronic reader board 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 owner identification sign per multiple-family dwelling development or institutional building shall be permitted for each street abutting the development subject to the following conditions and restrictions:
(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 owner identification 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 owner identification 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 reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign.
2. The message copy may change no more than once every forty-five (45) seconds.
3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
4. Electronic reader board sign that are part of a detached owner identification sign shall be allowed to have multiple colors.
5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
e. The sign shall meet the wind load requirements of the building code.
f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet.
(B) Multi-tenant business development.
(i) Developments with less than eighty (80,000) square feet in gross building area shall be permitted one (1) detached owner identification 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 owner identification 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 reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy.
3. The message copy may change no more than once every forty-five (45) seconds.
4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
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 owner identification/pricing board signs. One (1) detached owner identification/pricing board 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 owner identification sign.
2. No more than sixty (60) square feet shall be dedicated to electric changeable copy.
3. The message copy may change no more than once every forty-five (45) seconds.
4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
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 reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign.
2. The message copy may change no more than once every forty-five (45) seconds.
3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
4. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
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 copy of an existing bulletin board, general advertising 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 on trucks, buses or passenger vehicles which are used in the normal conduct of business.
(3) Nameplate and street address signs, less than three (3) square feet in size.
(4) Non-illuminated real estate signs, temporary in nature, not exceeding more than sixty-four (64) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one (1) such sign shall be permitted on each street fronting the property. The sign must be located on the property subject to sale or improvement. (5) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one (1) sign for each street abutting the premises.
(6) Warning, security and traffic directional signs less than eight (8) square feet in area and four (4) feet in height.
(7) Election signs temporary in nature, sixty (60) days maximum, less than eight (8) square feet in area and five (5) feet in height and not illuminated, when placed within a residentially zoned area. Election signs must be removed within ten (10) days after the election or runoff election, if applicable.
(8) Banner signs, when attached to a building. Detached banner signs, 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.
(9) Traditional and seasonal national, state and religious holiday displays erected without advertising shall not be subject to the provisions of this chapter, but shall be subject to the fire code of the city.
(10) Attached advertising signs located on nonprofit recreational facilities.
(h) Continuation of nonconforming signs.
(1) All lawful nonconforming on-premise owner identification signs 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 advertising signs 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)
Sec. 28.03.022 Neighborhood Design Overlay District
(a) General purpose and description. The purpose of the ND, Neighborhood Design Overlay District, is to provide for the protection, preservation and design compatibility of buildings, sites and areas within the overlay district. More specifically, this district has the following expressed purposes:
(1) To encourage neighborhood conservation;
(2) To stabilize property values;
(3) To prevent the construction of buildings of a size and scale not compatible with the established built character of the district.
This district supplements the regulations of the underlying zoning district classification. The zoning map shall reflect the designation of a Neighborhood Design Overlay designation by the letters “ND” as a suffix to the underlying zoning district classification.
(b) Reconciliation with other ordinances. All city codes, as amended, apply to all Neighborhood Design Districts unless expressly modified by this ordinance.
(c) Applicability and boundaries. This ordinance shall apply to all lands zoned as Neighborhood Design (ND) as described below and as shown on the adopted zoning map:
Being Lots 1-13, Block 1, Lots 1-13, Block 2, Lots 1-26, Block 3, Lots 1-26, Block 4, Lots 1-26, Block 5, Lots 1-26, Block 6, Lots 1-26, Block 7, Lots 1- 26, Block 8, Lots 1-26, Block 9, Lots 1-26, Block 10, Lots 1-14, Block 11, Lots 1-13, Block 12, Lots 2-12, Block 13, Lots 1-10, Block 14, Calder Place Addition, City of Beaumont, Jefferson County, Texas, containing 47.58 acres, more or less.
(d) Use regulations of Neighborhood Design Districts. All previous uses legally permitted by the underlying zoning district receiving Neighborhood Design designation shall remain so upon adoption of this ordinance.
(e) Definitions. Unless the context clearly indicates otherwise, in this section:
Buildable area. The area in which development subject to this subchapter [this section] may occur, and which is defined by the side and rear setback planes required by this subchapter, together with the area defined by the front, side, and rear yard setbacks and the maximum height limit.
Height. In this subchapter, the height of a building or setback plane shall be measured as follows: Height shall be measured as the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(f) Nonconforming uses and structures. Except as otherwise provided in this section, section 28.04.005 of the city Code of Ordinances relating to nonconforming uses and structures, applies to all Neighborhood Design Districts.
(g) Review procedures, modifications and appeals. Compliance with the provisions of this subchapter shall be the responsibility of the planning manager. Appeals of the provisions of this subchapter shall be made to the board of adjustment as outlined in section 28.02.005 of this zoning ordinance.
(h) Supplemental regulations. Parking in front or side yards. Within front or side yards, off-street surface parking is not permitted on grassed and non-paved areas.
(i) Development standards for Neighborhood Design Districts.
(1) Building height. Except where these regulations are superseded, the maximum building height for development subject to this subchapter is thirty-five (35) feet. Section 28.03.024(c) (height limit exceptions) does not apply to development subject to this subchapter, except for allowances for belfries, ornamental towers or spires, antennas and flagpoles. Building height shall be measured under the requirements defined in the definition of “height” in subsection (e) of this section. (2) Front yard setback.
(A) Minimum setback required. The minimum front yard setback required for development subject to this subchapter is the average front yard setback, as provided in subsection (B) below.
(B) Average front yard setback.
(i) An average front yard setback is determined based on the setbacks of each principal residential structure that is built within 50 feet of its front lot line.
(ii) Except as provided in paragraph (iii), the four structures that are closest to the subject property on the same side of the block shall be used in the calculation of average front yard setback. If there are less than four structures on the same side of the block, the lesser number of structures is used in the calculation.
(iii) If there are no structures on the same side of the block, the four structures that are closest to the subject property and across the street are used in the calculation. If there are less than four structures across the street, the lesser number is used in the calculation. See figure 1.
Figure 1: Average Front Yard Setback
In this example, the minimum required front setback in the underlying zoning district is 25 feet. However, because of the variety of existing setbacks of buildings on the same block face, new development on lot C may be located with a setback of only 20 feet, which is the average of the setbacks of lots B, D, and E. The building on lot A is not included in the average because it is located more than 50 feet from the property line.
(3) Rear yard setback. The minimum rear yard setback in a Neighborhood Design District shall be twenty-five (25) feet.
(4) Side yard setback. The minimum side yard setback in a Neighborhood Design District shall be as follows:
(A) For an interior lot the setback shall be five (5) feet for one-story buildings and seven and one-half feet (7.5) for multi-story buildings.
(B) For a corner lot backing up to an abutting side yard: Fifteen (15) feet.
(C) For a corner lot backing up to an abutting rear yard: Ten (10) feet.
(5) Setback planes. This subsection prescribes side and rear setback planes in order to minimize the impact of new development and rear development on adjacent properties. A structure may not extend beyond a setback plane except as authorized by subsection (7) below. The height of a setback plane shall be measured under the requirements defined in the definition of “height” in subsection (e) of this section.
(A) Side setback plane. Except as provided in subsection (7) below, an inwardly sloping 45-degree angle side setback plane begins at a horizontal line fifteen (15) feet directly above the side property line. See figure 2.
Figure 2: Side and Rear Setback Planes Measured from Side/Rear Property Line
In this illustration, the side or rear setback plane is shown as a line extending 15 feet above the side or rear property line and then angled inward at a 45° angle.
(B) Rear setback plane. Except as provided in subsection (7) below, an inwardly sloping forty-five (45) degree angle rear setback plane begins [at] a horizontal line fifteen (15) feet directly above the rear property line.
(6) Buildable area. The buildable area, as defined in subsection (e) of this section, consists of the smallest area within the front, side, and rear yard setbacks; maximum height limit; and the combined side and rear setback planes.
Figure 3: Side Setback Plane Measured from Side Property Line
In this illustration, the side and rear setback planes are shown as lines extending 15 feet above the side and rear property lines and then angled inward at a 45° angle.
(7) Exceptions. A structure may not extend beyond a yard setback line or a setback plane, except for:
(A) A roof overhang or eave, up to eighteen (18) inches beyond the setback plane;
(B) A chimney, vent, antenna, or energy conservation or production equipment or feature not designed for occupancy; and
(C) Gable roof and dormer exceptions (see figure 4):
(i) Side-gabled roof exception. A side-gabled roof structure on each side of the building, with a total horizontal length of not more than eighteen (18) feet on each side of the building, measured along the intersection with the setback plane;
(ii) Dormers exception. Dormers, with a total horizontal length of not more than fifteen (15) feet on each side of the building, measured along the intersection with the setback plane.
Figure 4: Gable and Dormer Exception
In this illustration, a side-gabled roof may encroach into the setback plane for not more than 18' in width. Also shown are dormers which may encroach into the setback plane not more than a total width of 15'.
(Ordinance 07-095, sec. 1, adopted 9/25/07)
Sec. 28.03.023 Permitted uses
(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- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
01 AGRICULTURAL PRODUCTION– 40 P P P CROPS (except as noted)
018 Horticultural Specialties (including 8 P S P P P S S P P P S retail sales)
02 AGRICULTURAL PRODUCTION– 15 P P LIVESTOCK
07 AGRICULTURAL SERVICES (except 7 P P P P S as noted)
P S P P P S S P P P S 074 Veterinary Services 14 17
0752 Kennels 14 17
076 Farm Labor and Management Services 14 S P P S S P P P S (except as noted)
078 Landscape/ Horticultural Services 14 P S S P P S P P P P S (except as noted)
S S S P P P S 0782 Lawn and Garden Services 14
S S S P P P S 0783 Tree Services 7
08 FORESTRY 6
09 FISHING, HUNTING AND 7 TRAPPING
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 7 NONMETALLIC MINERALS, EXCEPT FUELS
15 BUILDING CONSTRUCTION– 7 23 S S S P P P S GENERAL CONTRACTORS
16 HEAVY CONSTRUCTION OTHER 7 23 S S S P P P S THAN BUILDING CONSTRUCTION
CONSTRUCTION–SPECIAL TRADE 7 23 S S S P P P S CONTRACTORS
20 FOOD AND KINDRED PRODUCTS 7 18 S S P (except as noted)
2013 Sausage and Other Prepared Meat 7 18 S P P Products
S P P 202 Dairy Products 7 18
203 Canned and Preserved Fruit and 7 18 S P P Vegetables
S P P 2045 Prepared Flour Mixes and Doughs 7 18
S S P P P P 205 Bakery Products 7 18
2064-67 Candy and Other Confectionery 7 18 S S P P P P Products
S P P 2085 Distilled and Blended Liquors 7 18
2086 Bottled and Canned Soft Drinks and 7 18 S P P Carbonated Waters
2087 Flavoring Extracts and Syrups, not 7 18 S P P elsewhere classified
209 Miscellaneous Food Preparations and 7 18 S P P Kindred Products
S P P 21 TOBACCO PROUCTS 7 18
S P P 22 TEXTILE MILL PRODUCTS 7 18
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2 S P P P 23 APPAREL AND OTHER FINISHED 7 18 PRODUCTS MADE FROM FABRICS AND SIMILAR MATERIALS
24 LUMBER AND WOOD PRODUCTS, 7 18 S P EXCEPT FURNITURE (except as noted)
243 Millwork, Veneer, Plywood, and 7 18 S P P Structural Wood Members
S P P 244 Wood Containers 7 18
2499 Wood Products, Not Elsewhere 7 18 S P P Classified
S P P FURNITURE AND FIXTURES 7 18
PAPER AND ALLIED PRODUCTS 7 18 S P (except as noted)
S P P Paperboard Containers and Boxes 7 18
Converted Paper and Paperboard 7 18 S P P Products, except containers and boxes
PRINTING, PUBLISHING AND 7 S S S P P P ALLIED INDUSTRIES
CHEMICALS AND ALLIED 7 S P PRODUCTS (except as noted)
S P P Drugs 7
S Explosives 7
PETROLEUM REFINING AND 7 S P RELATED INDUSTRIES (except as noted)
S P Temporary Batching Plants 7 10
RUBBER AND MISCELLANEOUS 7 18 S P PLASTIC PRODUCTS
LEATHER AND LEATHER 7 18 S P P PRODUCTS (except as noted) S P Leather Tanning and Finishing 7 18
STONE, CLAY, GLASS AND 7 18 S P P CONCRETE PRODUCTS (except as noted)
S P P Cement, Hydraulic 7 18
Concrete, Gypsum and Plastic Products 7 18 S P P (except as noted)
S P Temporary Batching Plant 7 18
Abrasive, Asbestos, and Miscellaneous 7 18 S P Nonmetallic Mineral Products
S P PRIMARY METAL INDUSTRIES 7
FABRICATED METAL PRODUCTS, 7 18 EXCEPT MACHINERY AND S P P TRANSPORTATION EQUIPMENT (except as noted)
S P Fabricated Structural Steel 7 18
S P Fabricated Plate Work (Boiler Shops) 7 18
S P Metal Forgings and Stampings 7 18
Ordnance and Accessories except 7 18 S P Vehicles and Guided Missiles
Miscellaneous Fabricated Metal 7 18 S P Products
INDUSTRIAL AND COMMERCIAL 7 18 MACHINERY AND COMPUTER EQUIPMENT (as noted)
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
S P 351 Engines and Turbines 7 18
S P 3523 Farm Machinery and Equipment 7 18
3524 Garden Tractors and Lawn and Garden 7 18 S P P Equipment S P 353 Construction, Mining and Materials 7 Handling Machinery and Equipment
354 Metalworking Machinery and 7 18 S P P Equipment
355 Special Industrial Machinery Except 7 18 S P P Metalworking Machines
356 General Industrial Machinery and 7 18 S P Equipment
S S P P 357 Computer and Office Equipment 7 18
358 Refrigeration and Service Industry 7 18 S P P Machinery
359 Miscellaneous Industrial and 7 18 S P P Commercial Machinery and Equipment
36 ELECTRONIC AND OTHER 7 S S S P P P ELECTRICAL EQUIPMENT
37 TRANSPORTATION EQUIPMENT 7 18 S P (except as noted)
S P P P S 3732 Boat Building and Repair 7
38 MEASURING, ANALYZING, AND 7 CONTROLLING INSTRUMENTS; S S S P P P PHOTOGRAPHIC; MEDICAL AND OPTICAL GOODS; WATCHES AND CLOCKS
39 MISCELLANEOUS 7 S S S S P P MANUFACTURING INDUSTRIES
S S S P P P S 40 RAILROAD TRANSPORTATION 7
41 LOCAL, SUBURBAN TRANSIT AND 7 INTERURBAN HIGHWAY S S S P P P S PASSENGER TRANSPORTATION (except as noted)
4119 Local Passenger Transportation, Not 7 P S S P P P S Elsewhere Classified
42 MOTOR FREIGHT 20 20 S S S P P P S TRANSPORTATION AND WAREHOUSING 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
45 TRANSPORTATION BY AIR (except 7 S P P P S as noted)
S S S S S S S S Heliport and Helistops 41 16
46 PIPELINES, EXCEPT NATURAL P S P P S S P P P P S P P P S GAS
47 TRANSPORTATION SERVICES 7 S S S P P P S (except as noted)
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
49 ELECTRIC, GAS AND SANITARY 7 S S S P P P S SERVICE (except as noted)
P P P P P P P P P P P P P P P 4971 Irrigation Systems 7
50 WHOLESALE TRADE–DURABLE 8 S S S P P P S GOODS (except as noted)
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
S S P S 5015 Motor Vehicle Parts, Used 8
5074 Plumbing and Heating Equipment and S S P P P P S Spls.
S S P S 5093 Scrap and Waste Materials 8
51 WHOLESALE TRADE– 8 S S S P P P S NONDURABLE GOODS (except as noted) S S P P P P S 514 Groceries and Related Products
S S P S 515 Farm Product–Raw Materials 8
5169 Chemicals and Allied Products, Not 8 S S P S Elsewhere Classified
518 Beer, Wine and Distilled Alcoholic S S P P P P S Beverages
52 BUILDING MATERIALS, 8 13 HARDWARE, GARDEN SUPPLY P P P S S P P P S AND MOBILE HOME DEALERS (except as noted)
S S S S P P P S 527 Mobile Home Dealers 8
53 GENERAL MERCHANDISE 13 13 S P P P S S P P P S STORES
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)
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
56 APPAREL AND ACCESSORY 13 13 S P P P S P P P P S STORES
57 HOME FURNISHINGS, 14 13 S P P P S P P P P S FURNITURE, AND EQUIPMENT STORES
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 13 noted)
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
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
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
5942 Book Stores (Adult) (including gifts 13 2 P P P and novelties)
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
5949 Sewing, Needlework and Piece Goods 13 S P P P S P P P P S Stores
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
62 SECURITY AND COMMODITY 14 S S P P P S P P P P S BROKERS, DEALERS, EXCHANGES AND SERVICES
S S S P P P S P P P P S 63 INSURANCE CARRIERS 14
64 INSURANCE AGENTS, BROKERS 14 S S S P P P S P P P P S AND SERVICE
S S S P P P S P P P P S 65 REAL ESTATE (except as noted) 14
6553 Cemetery Subdivision and Developers 41 S S S S S S S S S S S S S S S (subject to state statutes)
67 HOLDING AND OTHER INVEST. 14 S S S P P P S P P P P S OFFICES
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
704 Organization Hotels and Lodging 1 S S S P S S S Houses, on Membership Basis
72 PERSONAL SERVICES (as noted)
7211 Power Laundries, Family and 7 S P P P S P P P P S Commercial
S P P P S P P P P S 7212 Garment Pressing and Agents for 7 Laundries and Dry Cleaning
S P P P S P P P P S 7213 Linen Supply 7
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
7215 Coin-Operated Laundries and Dry 39 S S P P P S S P P P S Cleaning
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
7219 Laundry and Garment Services, Not 7 S P P P S S P P P S Elsewhere Classified
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
725 Shoe Repair Shops, Shoe Shine 13 S P P P S P P P P S Parlors and Hat Cleaning Shops
S S S S S S P P P S 726 Funeral Service and Crematories 25
729 Misc. Personal Services (except as 14 S P P P S S P P P S noted)
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
7313 Radio, Television and Publishers’ 7 S S S P P P S P P P P S Advertising Representatives S S P P P S P P P P S 7319 Advertising, Not Elsewhere Classified 14
732 Consumer Credit Reporting Agencies, 14 S S S P P P S P P P P S Mercantile Reporting Agencies and Adjustment and Collection Agencies
733 Mailing, Reproduction, Commercial 14 S S S P P P S P P P P S Art and Photography, and Stenographic Services
734 Services to Dwellings and Other 7 S S S P P S S P P P S Buildings
735 Miscellaneous Equipment Rental and 7 13 S S S P P P S Leasing (as noted)
7352 Medical Equipment Rental and 7 13 S S P P P S P P P P S Leasing
7353 Heavy Const. Equipment Rental and 7 13 S S S P P P S Leasing
7359 Equipment Rental and Leasing, Not 7 13 S S S P P P S Elsewhere Classified
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
737 Computer and Data Processing 14 S S S P P S P P P P S Services and Other Computer Related Services
738 Miscellaneous Business Services 14 13 S S S P P S S P P P S (except as noted)
7389 Business Services, Not Elsewhere 7/14 S S S S P P S S P P P S Classified (of a general office character)
75 AUTOMOTIVE REPAIR, SERVICES AND PARKING (as noted)
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
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
7533 Automotive Exhaust System Repair 19 9 S P P S P P P S Shops
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
7539 Automotive Repair Shops, Not 19 9 S S P P S S P P P S Elsewhere Classified
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
7699 Repair Shops and Related Services, Not 7 S P P S S P P P S Elsewhere Classified
78 MOTION PICTURES (as noted) 2
781 Motion Picture Production and Allied 7 S S P P S P P P P S Services
782 Motion Picture Dist. and Allied 7 S S P P S P P P P S Services
7832 Motion Picture Theaters (except Drive- 25 S S P P S S P P P S In)
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)
S S S P P S P P P P S 791 Dance Studios, Schools and Halls 14
792 Theatrical Producers, Bands, 14 S S P P S P P P P S Orchestras and Entertainers
S S P P S P P P P S 793 Bowling Centers 32
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
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
7999 Amusement and Recreation Services, 26 S S S S S S P P S S P P P P Not Elsewhere Classified
80 HEALTH SERVICES (as noted)
801 Offices and Clinics of Doctors of 14 S S S P P P S P P P P S Medicine
S S S P P P S P P P P S 802 Offices and Clinics of Dentists 14
803 Offices and Clinics of Doctors of 14 S S S P P P S P P P P S Osteopathy
804 Offices and Clinics of Other Health 14 S S S P P P S P P P P S Practitioners Including Massage Therapists 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
809 Miscellaneous Health and Allied 18 S S S S S S P P P S P P P P S Services, Not Elsewhere Classified
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
822 Colleges, Universities, Professional 30/31 S P P S S P P P S Schools and Junior Colleges
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
829 Schools and Educational Services, Not 30/31 S P P P S S P P P S Elsewhere Classified
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
Halfway Homes for Delinquents and 41 19 S S S S S S S Offenders
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
S S S P P P S P P P P S 84 MUSEUMS, ART GALLERIES AND BOTANICAL AND ZOOLOGICAL GARDENS
86 MEMBERSHIP ORGANIZATIONS 18 (as noted)
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
869 Membership Organizations, Not 14 S S S P P S P P S S S Elsewhere Classified
87 ENGINEERING, ACCOUNTING, 14 RESEARCH (COMMERCIAL AND S S S P P P S P P P P S NON-COMMERCIAL), MANAGEMENT AND RELATED SERVICES (except as noted)
873 Research, Development and Testing 7 S S S S P S P P P P S Services (except as noted)
S S P P P P S 8734 Testing Laboratories 14
89 SERVICES NOT ELSEWHERE 14 S S S P P P S S P P P S CLASSIFIED
91-97 GOVERNMENT USES (Public- Admin.)
Federal, State and Local Government, 14 P P P P P P P P P P P P P P P Excluding Districts and Authorities
S S S S S S S P P S P P P P S Districts and Authorities 14
99 NONCLASSIFIABLE 41 S S S S S S S S S S S S S S S ESTABLISHMENTS (except as noted)
9991 Jails, Correctional Facilities, Detention 41 S S S S S S S S Centers, Prisons and Prison Camps, Privately Owned and Operated
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
Zoning District Permitted Primary Use
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC- GC- CBD C-M LI HI PUD SIC Group Parking Special Group Cond. MD MD-2
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
Temporary Portable Storage 25 P P P P P P P P S P Containers
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
Fiber Optic Cable Communications P P P P P P P P P P S P P P P 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
Radio, Television, Microwave and 41 24 S S S S S Cellular Telephone Transmission Towers
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
Telephone Exchange, Switching Relay 41 P P P P P P P P P S P P P P or Transmitting Station
Utility Service or Storage Yard or 41 S S S P P P S Buildings
Water Standpipe or Elevated Water 41 P P P P P P P P P P S P P P P Supply, Water-Reservoir Well or Pumping Station
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)
Sec. 28.03.024 District area and height regulations
(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 DISTRICTS
Zoning District Lot Area Minimum Lot Width Minimum Lot Depth Minimum Yards, Minimum (feet) Height Maxim (feet) 5† (feet) 5† (square feet) (feet) 3† 7†
Per Lot Per Dwelling Unit Front Rear †* Side
5† 6† 8† 13† 14†
Interior* Exterior (corner lot)
4† 11†
backing up backing up to an abutting rear yard to an abutting side yard
A-R Agricultural- 43,560 43,560 200 200 25 25 25 25 25 35 Residential
RS Single-Family 5,000 5,000 50 100 25 25 5* 15 10 35 Dwelling
RM-M Medium Density 5,000 2,450 50 100 25 20 5* 15 10 35 Multiple-Family Dwelling
RM-H Highest Density 5,000 1,500 50 100 25 25 5* 15 10 45 Multiple-Family Dwelling
RCR Residential 5,000 1,500 50 100 25 25 5* 15 10 45 Conservation and Revitalization
RCR-H 5,000 1,500 50 100 25 25 5* 15 10 45
* 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).
2. COMMERCIAL DISTRICTS
Zoning Districts 10 Lot Area Lot Width Lot Depth Yards, Minimum (feet) Height Maximum Minimum Minimum (feet) Minimum (feet) (square feet) 5† 5† 5† (feet) 7†
Front Rear 14† 15† Side
Interior 4† Exterior
When abutting When abutting When backing When backing up property in property in a non- to an abutting rear up to an abutting side yard a residential district residential district yard 16† 3†
N-C Neighborhood- 7,500 75 100 20 15 15 5 25 10 35
Commercial
OP Office Park 10,000 100 100 25 25 10 10 25 10 35
NSC Neighborhood 87,120 200 200 20 15 25 5 20 10 none Shopping Center (2 acres) GC-MD General 7,500 75 100 20 15 20 5 20 10 none Commercial–
Multiple-Family
GC-MD-2 General 7,500 75 100 20 15 20 5 20 10 none Commercial–
Multiple-Family
CBD Central Business none none none none none 25 none none none none District
C-M Commercial- 10,000 100 100 25 25 25 5 25 10 none
Manufacturing
† These numbers refer to exceptions enumerated in subsection 28.03.024(c).
3. INDUSTRIAL DISTRICTS
Zoning Districts Lot Area Lot Width Lot Depth Yards, Minimum (feet) 9, 12† Height Maximum Minimum Minimum Minimum (feet) 7† (square feet) (feet) 5† (feet) 5† 5†
Abutting street ROW When abutting other property lines
When across street When across street In a nonresidential In a residential from nonresidential from residential district 2, 4† district 3† districts districts
Light Industrial (L- 10,000 100 100 25 40 5 25 none I)
Heavy Industrial 20,000 100 100 25 50 5 50 none (H-I)
† 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, GC-MD, 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)
ARTICLE 28.04 SUPPLEMENTAL PROVISIONS Sec. 28.04.001 Specific use permits
(a) Purpose. This section provides the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use’s relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are required. No rezoning request for a district change shall be denied on the basis that the request would be favorably received if reapplication was made for a specific use permit.
(b) Permit required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a specific use unless a specific use permit has first been issued in accordance with the provisions of this chapter.
(c) Application procedure. An application for a specific use permit shall be filed with the planning department on a form prepared by that department. The application shall be accompanied by a site plan which, along with the application, will become a part of the specific use permit, if approved. The accompanying site plan shall provide the following information:
(1) Data describing all processes and activities involved with the proposed use;
(2) Boundaries of the area covered by the site plan;
(3) The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits;
(4) The location of existing drainageways, and significant natural features;
(5) Proposed landscaping and screening buffers;
(6) The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities;
(7) The location, height and type of each wall, fence, and all other types of screening;
(8) The location, height and size of all proposed signs.
(d) Public hearings. The notification and public hearing process for a specific use permit or revocations thereof is set forth in section 28.02.008 of this ordinance.
(e) Conditions for approval. A specific use permit shall be issued only if all of the following conditions have been found: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;
(2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;
(3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;
(4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
(5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
(6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;
(7) That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and
(8) That the proposed use is in accordance with the comprehensive plan.
(f) Additional conditions. In authorizing a specific use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.
(g) Time limit. Uses allowable under a specific use permit shall not be commenced and a certificate of occupancy shall not be issued until all the conditions of the specific use permit are completed in accordance with the specific use permit. Unless construction of those conditions are commenced and substantially underway within a two-year period, the specific use permit shall become null and void. Extensions of time for good cause may be approved by the city council. A specific use permit that was issued, whether by city council or exempted by section 28.04.005(d)(2) of this chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. In the RCR and RCR-H Districts, a change from one specific use permit to another shall require city council approval. A substantially different use shall be defined as one where there is a change in the intensity of the use. A change in intensity shall include, but not be limited to, external structural alteration or enlargement of the building, an increase in the required number of parking spaces, an increase in the hours of operation or an increase in offensive noise, vibrations, sound, smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or television.
(h) Revocation. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:
(1) The specific use permit was obtained or extended by fraud or deception; or
(2) That one or more of the conditions imposed by the permit has not been met or has been violated.
(i) Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the director of planning may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods.
(j) Processing fee. A processing fee, as set in section 28.02.008(e) of this chapter, shall be required for the processing of each specific use permit request.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 85-120, sec. 2, adopted 11/26/85; Ordinance 87-33, secs. 6, 8, adopted 4/28/87; Ordinance 98-7, sec. 6, adopted 2/3/98; 1978 Code, sec. 30-26; Ordinance 08-106, sec. 6, adopted 11/25/08)
Sec. 28.04.002 Off-street parking and loading regulations
(a) Off-street parking regulations. It is the intent of this section to assure that adequate off-street parking to accommodate personal vehicles of employees and/or customers is provided with the construction, alteration, remodeling or change in the use of land.
(1) Any person establishing an off-street parking facility or applying for a building permit for construction, reconstruction, or alteration of the use of any building, other than a single-family residence, shall submit to the building official three (3) copies of a plot plan designating the number, dimensions, and location of off-street parking spaces and driveways that exist or are proposed.
(2) The building official shall not issue a building permit if it is determined that the plot plan does not conform to the off-street parking and driveway standards adopted by resolution by the city council and on file in the office of the director of transportation. Any variation to these standards must be approved by the director of transportation.
(3) Required off-street parking space shall be located on, or within four hundred (400) feet of the same lot, tract, parcel, or premises as the use being served or other property of the same or less restrictive zoning classification that the owner of the premises being served has a continuing right to use for parking.
(4) Any existing building or use that is enlarged, structurally altered, or remodeled to the extent, in the judgment of the planning director and building official, of increasing or changing the use by more than fifty (50) percent as it existed at the effective date of this chapter shall be accompanied by off-street parking for the entire building or use in accordance with the off-street parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than fifty (50) percent, additional off-street parking shall only be required for the increased or changed floor area or use.
(5) Existing parking spaces may not be used to satisfy additional off-street parking requirements of this chapter unless the existing spaces proposed for use in meeting the requirements of this chapter exceed the number required for the building or use for which the existing spaces are associated. All parking associated with a building or use from which the spaces are drawn must meet all requirements of this chapter.
(6) General requirements:
(A) The number of off-street parking spaces for each use shall be determined by reference to the following “parking group table.” Specific parking groups are identified for each primary use or accessory residential use in section 28.03.023(b).
(B) For shopping centers, or other tracts where different property uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. Shopping centers containing not more than two hundred thousand (200,000) square feet of gross leasable floor area shall have a minimum of six (6) spaces per one thousand (1,000) square feet of net floor area. Shopping centers containing more than two hundred thousand (200,000) square feet of gross floor area shall have a minimum of five and one-half (5.5) spaces per one thousand (1,000) square feet of net floor area.
(C) For any use not listed, or where the listed regulations are not applicable, in the judgment of the director of transportation, the parking requirements shall be determined by the director of transportation. Computations of required parking spaces by the director of transportation shall be final, subject only to an appeal to the board of adjustment.
PARKING GROUP TABLE
Parking Required Number of Off-Street Parking Spaces Group
1 One (1) space for each dwelling unit.
2 One and one-half (1-1/2) spaces for each dwelling unit.
3 Two (2) spaces for each dwelling unit.
4 Two (2) spaces for each trailer unit.
5 One (1) space for each trailer space.
6 Four (4) spaces for each five (5) employees on the largest shift or one (1) space per 600 square feet of gross floor area, whichever is greater. There shall at least be a minimum of two (2) spaces.
7 Three (3) spaces for each five (5) employees on largest shift, or one (1) space per 600 square feet of gross floor area, whichever is greater.
8 Four (4) spaces for each five (5) employees on largest shift, or one (1) space per 1,000 square feet of gross floor area, whichever is greater.
9 One (1) space for each employee plus three (3) customer spaces.
10 One (1) space for each employee plus five (5) reservoir spaces for each stall or bay.
11 One (1) space for each employee plus one (1) space for each barber chair.
12 One (1) space for each 200 square feet of gross floor area and two (2) spaces per pump island with a minimum of six (6) spaces. For gaming sites, one (1) space for each 75 square feet of gross floor area if gaming exceeds 35% of the gross floor area.
13 One (1) space for each 200 square feet of gross floor area.
14 One (1) space for each 300 square feet of gross floor area.
15 One (1) space for each 500 square feet of gross floor area.
16 One (1) space for each 1,000 square feet of gross floor area.
17 One (1) space for each 300 square feet of gross floor area or one space for each forty (40) square feet of auditorium, whichever is greater.
18 One (1) space for each four (4) seats in largest auditorium, or one (1) space for each 800 square feet of gross floor area, whichever is greater.
19 One (1) space for each 400 square feet of gross floor area, minimum of five (5) spaces. Parking Required Number of Off-Street Parking Spaces Group
20 One (1) space for each 1,000 square feet of non-office floor area plus one (1) space for each 300 square feet of office area.
21 One (1) space for each fifty (50) square feet of gross floor area (a minimum of fifteen (15) spaces) plus a five-space reservoir.
22 One (1) space for each 1,000 square feet of lot area.
23 One (1) space for each 2,000 square feet of lot area for customer parking.
24 One (1) space for each 5,000 square feet of lot area for customer parking.
25 One (1) space for each four (4) seats.
26 One (1) space for each four (4) seats or one (1) space for each fifty (50) square feet of customer service area, whichever is greater.
27 One (1) space for each two (2) occupants.
28 One (1) space for each one and one-half (1-1/2) beds.
29 One (1) space for each three (3) beds.
30 One (1) space for each teacher and staff person.
31 One (1) space for each four (4) students.
32 Four (4) spaces for each alley.
33 Fifty (50) spaces for each nine (9) holes.
34 One (1) space for each driving tee.
35 Fifteen (15) spaces for each nine (9) holes.
36 Four (4) spaces for each court.
37 Two (2) spaces for each 100 square feet of water area.
38 One (1) space for each bay plus one (1) space for each pump island, minimum of six (6) spaces.
39 One (1) space for each six (6) machines.
40 One (1) space for each employee.
41 To be determined by director of transportation.
42 One (1) space for each guest bedroom and one (1) space for the owner, not to exceed seven (7) spaces.
(7) The design and dimensions of off-street parking areas shall be in accordance with the following table and the off-street parking and driveway standards:
Angle of Width of Depth of Width of Width of Width of Width for 2 Parking Stall Stall 90° Aisle Stall Stall Rows and (Degrees) to Aisle (One-Way) Parallel Parallel to Aisle to Aisle Aisle (One-Way)
30 8.0 14.9 13.0 22.0 16.0 42.8
30 8.5 16.4 13.0 22.0 17.0 45.8
30 9.0 16.5 12.0 22.0 18.0 45.0
30 9.5 17.2 12.0 22.0 19.0 46.4
30 10.0 17.7 12.0 22.0 20.0 47.4
45 8.0 17.0 13.0 22.0 22.3 47.0
45 8.5 18.7 13.0 22.0 12.0 50.4
45 9.0 19.0 12.0 22.0 12.7 50.0
45 9.5 19.5 12.0 22.0 13.4 51.0
Angle of Width of Depth of Width of Width of Width of Width for 2 Parking Stall Stall 90° Aisle Stall Stall Rows and (Degrees) to Aisle (One-Way) Parallel Parallel to Aisle to Aisle Aisle (One-Way)
45 10.0 19.8 12.0 22.0 14.1 51.6
60 8.0 17.8 17.0 24.0 9.2 52.5
60 8.5 19.8 17.0 24.0 9.8 56.6
60 9.0 20.0 16.0 24.0 10.4 56.0
60 9.5 20.3 16.0 24.0 11.0 56.6
60 10.0 20.6 16.0 24.0 11.5 57.2
90 8.0 16.0 25.0 25.0 8.0 57.0
90 8.5 18.0 25.0 25.0 8.5 61.0
90 9.0 18.0 24.0 24.0 9.0 60.0
90 9.5 18.0 24.0 24.0 9.5 60.0 90 10.0 18.0 24.0 24.0 10.0 60.0
Minimum stall widths shall be nine (9) feet, except for residential and all-day office parking which may utilize stalls eight and one-half (8-1/2) feet in width, provided that minimum aisle widths are increased by one (1) foot. In addition, the dimensions of up to twenty (20) percent of the total number of off-street parking spaces may be reduced to eight (8) feet in width and sixteen (16) feet in depth to accommodate compact automobiles.
(8) Off-street parking spaces shall be clearly marked according to the off-street parking and driveway standards. Parking spaces abutting an adjoining property line or street right-of-way shall be provided with wheel guards or bumper guards so located that no part of a normally parked vehicle will extend beyond the property line. When wheel guards are used, they shall be centered 2.5 feet from the property line for 90-degree parking, 2.3 feet for 60-degree parking, and 2.0 feet for 45-degree and 30-degree parking.
(9) The director of transportation or his designee shall approve the layout, arrangement and design of off-street parking areas and the location of all ingress and egress points on any public street or alley upon an affirmative finding that:
(A) The parking spaces provided are usable for the intended purpose;
(B) The internal circulation pattern is safe and efficient for motorists and pedestrians; and
(C) Ingress and egress will minimize interference with the orderly, safe and efficient movement of traffic on adjacent public streets.
(10) Buildings and land uses within the central business district shall be exempt from requirements to provide off-street parking; provided that when off- street parking is furnished, it shall conform to the off-street parking and driveway standards.
(11) (A) Access to buildings for individuals with disabilities shall be provided from rights-of-way and parking areas in accordance with the Americans with Disabilities Act, Accessibility Guidelines for Buildings and Facilities as the same may be amended from time to time. Curb cuts shall typically have a gradient of not more than one (1) foot in twelve (12) feet and a width of not less than four (4) feet. Such access shall be cleared of all obstructions related to construction activity prior to the opening of the building to the general public.
(B) A parking lot servicing each entrance pathway shall have the number of level parking spaces as set forth in the following table, identified by signs. Such parking spaces and signs shall conform to the rules promulgated by the state purchasing and general services commission under subsection (c) of section 7.05 of the state Purchasing and General Services Act (chapter 2151 Government Code) and be in accordance with the Americans with Disabilities Act, Accessibility Guidelines for Buildings and Facilities, as the same may be amended from time to time, relating to the identification and the dimensions of parking spaces for the disabled. Such parking spaces shall typically be a minimum of twelve (12) feet in width. The traffic engineer shall maintain a copy of the above-mentioned guidelines.
PARKING SPACES FOR DISABLED PERSONS
Total Spaces Required Number of Reserved Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2% of total
1001 and more 20 plus 1 for each 100 over 1000
(C) Parking spaces for the physically disabled shall be located so that such persons may reasonably wheel or walk to reach entrance ramps, walkways and elevators. All parking lot plans submitted for city review shall clearly designate the intended access routes for individuals with disabilities. (D) All existing parking lots shall be in compliance with this subsection on or before December 15, 1991. Existing parking lots with fifteen (15) or fewer spaces are exempted from the requirements of the second and third paragraphs of this subsection [subsections (B) and (C)].
(12) Bonus for landscaping of off-street parking facilities. The minimum off-street parking requirements shall be reduced up to a maximum of ten (10) percent of the requirement for those parking facilities designed to accommodate twenty (20) or more vehicles where a percentage of the total parking area has been retained and developed as landscaped open space area. The percentage of the landscaped open space area in excess of the landscaped open space required in section 28.04.006(c) [28.04.006(h)] shall determine the maximum percent reduction which will be permitted in the total number of off-street parking spaces.
(b) Off-street loading regulations. The intent of this section is to ensure that an adequate off-street loading area is provided with the construction, alteration, or change of use of any business building or structure, or with any change in land use.
(1) The owner and the occupier of any property upon which a business is located shall provide loading and unloading areas of sufficient number and facility to accommodate on such business premises all vehicles that will be reasonably expected to simultaneously deliver or receive materials or merchandise, and of sufficient size to accommodate all types of vehicles that will be reasonably expected to engage in such loading or unloading activities.
(2) Any person desiring a building permit for the construction, alteration, or change of use of the land or any business building or structure shall submit a plot plan to the building official designating the number, dimensions and locations of all loading areas and all proposed avenues of ingress and egress to the property from adjacent public thoroughfares. The building official shall not issue such permit if it is determined that the proposed loading and unloading facilities will present a direct or indirect hazard to vehicular or pedestrian traffic.
(3) Buildings and land uses within the CBD, Central Business District, and the PD, Port Development District, shall be exempt from the off-street loading requirements of this chapter unless, in the CBD, Central Business District, an owner or occupier or business property elects to provide off-street loading facilities, in which event, such facilities shall be approved as provided in these regulations.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-79, secs. 1, 3, adopted 10/6/81; Ordinance 82-134, sec. 7, adopted 12/14/82; Ordinance 87-33, secs. 4, 11, adopted 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2, adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14)
Sec. 28.04.003 Sign regulations
(a) Permit requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached, or painted until a building permit has been approved by the chief building inspector in accordance with the requirements of this chapter and the 2009 International Building Code.
(b) Signs in residential districts. Signs shall not be permitted in residential districts except as specifically authorized in this section.
(1) One detached owner identification sign shall be permitted for a multiple-family dwelling development, nonresidential or institutional building for each abutting street, subject to the following restrictions:
(A) The sign shall not exceed fifty (50) square feet in area;
(B) The sign shall not exceed fifteen (15) feet in height;
(C) The sign shall not have flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign.
(ii) The message copy may change no more than once every forty-five (45) seconds.
(iii) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
(iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an historic district.
(vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
(D) The sign shall be located a minimum of fifteen (15) feet from any property line;
(E) The sign shall meet the wind load requirements of the building code.
(2) One attached owner identification sign for a multiple-family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street abutting the development subject to the following restrictions:
(A) The sign shall not exceed the height of the wall of the building to which it is attached;
(B) The sign shall not be lighted except by reflective floodlight type illumination;
(C) The sign shall not exceed forty (40) square feet in area.
(3) One detached owner identification sign shall be permitted for a commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions:
(A) The sign is included in the site plan approved in the specific use permit.
(B) The sign shall not exceed forty (40) square feet in area.
(C) The sign does not exceed fifteen (15) feet in height.
(D) The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted if approved as part of the specific use permit.
(ii) The message copy may change no more than once every forty-five (45) seconds.
(iii) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an historic district.
(vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
(E) The sign shall be located a minimum of fifteen (15) feet from any property line or at the building setback line, whichever is less.
(F) The sign shall meet the wind load requirements in the building code.
(4) One (1) detached owner identification sign shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(A) of this chapter.
(5) Two (2) attached owner identification signs shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(B) of this chapter.
(c) Owner identification signs in commercial and industrial districts. Signs shall not be permitted in commercial or industrial districts except as specifically authorized in this section.
(1) One detached owner identification sign, and one additional detached sign for each thoroughfare more than one that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and the OP, Office Park District, subject to the following conditions and restrictions:
(A) The sign shall not exceed forty (40) square feet in area.
(B) The sign shall not exceed fifteen (15) feet in height.
(C) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign.
(ii) The message copy may change no more than once every forty-five (45) seconds.
(iii) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
(iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
(D) The sign shall not be located in any required yard.
(E) The sign shall meet the wind load requirements in the building code.
(2) One (1) attached owner identification wall sign, plus one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District, subject to the following restrictions:
(A) The sign shall be attached flat against the wall of the building;
(B) The sign shall not exceed the height of the wall of the building to which it is attached;
(C) The allowable sign area may be equal to one (1) square foot for each one (1) lineal foot of store frontage with the sign area not to exceed seventy (70) square feet.
(3) Owner identification signs shall be permitted for establishments located in NSC, CSC, GC-MD, GC-MD-2, C-M, L-I, H-I Districts; provided that such signs shall not be greater than fifty (50) feet in height. The maximum height is measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign’s nearest vertical support to the property line, and provided further that the structural supports for such signs shall be set back not less than ten (10) feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. Where a structure existing at the effective date of this chapter precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement. There shall be no restrictions or limitations on on-premise owner identification signs in the CBD, Central Business District, or the PD, Port Development District. Owner identification signs shall be permitted in PUD, Planned Unit Development District, with the location, height and number thereof being determined in accordance with the sign regulations for the zoning district which permits the designated use of the property.
(4) Signs in PUD Districts.
(A) [Sign chart.]
Use Type (B) Maximum Height (C) Maximum Area (C) Front Setback (in feet) (in square feet) (in feet)
Multiple-family 15 20 25
Prof./med. services 15 40 20
Wholesale/retail trade 40 50 10
Industrial 50 50 10 (B) The city council may approve a sign which exceeds the maximum area and height where the planning commission has determined that the sign is compatible with abutting development.
(C) The maximum area for owner identification signs in a PUD district having mixed land uses will be determined by the regulations for each use type as it appears in the chart in subsection (4)(A) above.
(5) Electronic reader board signs shall be permitted in the GC-MD, GC-MD-2, CBD, C-M, LI, HI and PD Districts subject to the following conditions:
(A) The electronic reader board is to be attached to or a part of a detached owner identification sign.
(B) The message copy may change no more than once every forty-five (45) seconds.
(C) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation.
(D) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles.
(E) No more than sixty (60) square feet or fifty (50) percent of the maximum sign area, whichever is less, shall be dedicated to electrical changeable copy.
(F) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors.
(6) Prohibition. Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts.
(d) Advertising signs. Advertising signs shall not be permitted except as noted:
(1) Permits. The city shall not issue permits for the construction of new advertising signs except under the following conditions:
(A) All outdoor advertising companies shall provide to the city a complete list of all signs it owns or maintains within the limits and the extraterritorial jurisdiction (ETJ) of the city. This list shall include the location, size (area and height) and type of construction.
(B) To reconstruct or replace an existing conforming advertising sign at the same location. Any sign that is reconstructed or replaced at the same location shall be the same size or smaller than the original sign.
(C) To replace and relocate an existing advertising sign at one location with an advertising sign at another location.
(i) Size of the replacement sign shall be one (1) square foot for one (1) square foot. Square footage may be cumulative as to each outdoor advertising company.
(ii) Regardless of the size of the advertising sign to be replaced, the replaced advertising sign shall not exceed the height or area listed under subsection (d)(1) of this section. Area calculations shall exclude cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed twenty (20) percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed ten (10) additional feet in height when, in its judgment, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Sign spacing, height and area shall be as follows:
Sign Spacing Maximum Sign Maximum Sign Area Height
300 feet 20 feet 75 square feet
500 feet 25 feet 76 - 300 square feet
750 feet 30 feet* 301 - 672 square feet
*Advertising signs fronting on an interstate highway or a federal-aid primary highway may not exceed forty (40) feet in height.
(iii) Spacing. Sign spacing shall be as follows:
a. The spacing of all advertising signs within 660 feet of an interstate highway (IH-10), a federal-aid primary highway (Hwys. 69, 96, 287), or a non-freeway federal-aid primary highway (Hwy. 90) shall be in accordance with the Texas Civil Statutes, article 4477-9a, as amended. As of March 3, 1986, the state regulations required the following spacings: On interstate freeways (IH-10) and on federal-aid primary highways (Hwys. 69, 96 and 287) the required spacing is one thousand five hundred (1,500) feet between advertising signs on the same side of the freeway. On non-freeway federal-aid primary highways (Hwy. 90) the required spacing is 300 feet between advertising signs on the same side of the freeway.
b. The following requirements shall be in effect for signs farther than 660 feet from a federal-aid primary highway or interstate highway. No advertising sign shall be located nearer than the spacing listed under this section to any other advertising sign, property zoned single-family residential, or property used as a public school, church, courthouse, city hall or public museum which fronts on the same street the sign fronts on. Spacing shall be based on the maximum height or area of the sign being erected, whichever is greater.
(iv) Advertising signs shall be set back not less than twenty-five (25) feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten (10) feet from interior side yard property lines.
(v) Shall be allowed a period not to exceed one (1) year from the time the original advertising sign is removed to the time that the replacement advertising sign must be installed.
(vi) Replacement advertising signs shall only be permitted in those areas of the city that are zoned GC-MD, CM, LI and HI. (vii) No new advertising signs shall be constructed in the city’s extraterritorial jurisdiction (ETJ) with the exception of state and federally controlled highways.
(viii) The total number of advertising signs within the city limits and ETJ of the city shall not exceed the total number existing at the time of the adoption of the ordinance from which this subsection is derived.
(ix) Advertising signs shall not be permitted on the following streets:
a. Dowlen Road Extension;
b. Walden Road from 1,370 feet west of the west right-of-way line of IH-10 west to the ETJ boundary;
c. Concord Road from Gulf Street to Hwy. 105;
d. Washington Blvd. from Langham Road to Major Drive;
e. Phelan Blvd. from Major Drive to Keith Road.
(D) Prohibition. An outdoor advertising sign shall not be placed within three hundred (300) feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall or public museum.
(2) Traffic control conflicts. No advertising sign shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign.
(3) Illumination. Except for digital billboards as provided herein, advertising signs may be illuminated only by indirect lighting subject to the following conditions:
(A) Signs which contain, include or are illuminated by flashing, intermittent or moving lights are prohibited, except for digital billboards, as defined in this chapter. Signs giving public service information such as, but not limited to, time, date, temperature, weather or similar information shall be permitted.
(B) Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision.
(C) Digital billboards that are illuminated shall be subject to the following restrictions:
(i) The image or message shall be static or fixed and lasting no less than ten (10) seconds. Each screen message is to contain a single advertisement;
(ii) The image or message shall change to another image or message in a period of two seconds or less;
(iii) The image or message shall not be animated, flashing, scrolling or contain video imagery;
(iv) The image or message shall adjust its brightness as ambient light levels change so as not to be visually distracting; and
(v) The digital billboard shall contain a default design that will freeze the sign’s image or message if a malfunction occurs.
(4) Motion. Advertising signs shall not revolve or rotate or otherwise move in any manner.
(5) Roof-mounted sign. Roof-mounted advertising signs are prohibited.
(6) Structure. Advertising signs shall be constructed in accordance with the building code and electrical code. Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot.
(7) Maintenance.
(A) Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weed, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly.
(B) When a nonconforming advertising sign falls into disrepair or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign such nonconforming sign shall no longer be permitted. A nonconforming sign may be changed or altered or upgraded only to the extent that when the change, alteration or upgrade is complete, it is made to conform, in all aspects, to the sign regulations of the city.
(e) Exemptions. The following signs are exempted from the permit requirements of this section:
(1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase occurs with respect to either the area of any such sign or the manner in which it is structurally supported.
(2) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business.
(3) Nameplate and street address signs, less than three (3) square feet in size.
(4) Nonilluminated real estate signs, temporary in nature, not exceeding more than eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property.
(5) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one sign for each street abutting the premises.
(6) Window signs hung on the inside of the window or painted on the window glass.
(7) Temporary decorative flags, excluding banners.
(8) Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height. (9) Elections signs temporary in nature, sixty (60) days maximum, less than eight (8) square feet in area and six (6) feet in height and not illuminated, when placed within a residentially zoned area. Elections signs temporary in nature placed within any other zone. Election signs must be removed within ten (10) days after the election.
(10) Signs in the PD, Port Development District, and the CBD, Central Business District.
(f) Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash receptacles or located within any public right-of-way. Signs with flashing lights or intermittent illumination shall be prohibited, except those signs that cannot be seen from the public right-of-way or as allowed under section 28.03.020(f)(3), section 28.03.020(f)(4), section 28.03.021(f)(4), section 28.03.021(f)(5), section 28.04.003(b)(1), section 28.04.003(b)(3), section 28.04.003(c)(1) and section 28.04.003(c)(5). Signs shall not revolve or rotate. No sign shall resemble an official sign or marker erected by a governmental agency. No sign shall be placed on any property in such a manner to obstruct the view from the left or right of a vehicle from other traffic on the public right-of-way when lawfully entering the roadway. The city transportation manager shall have the right to order the removal of such signs by the property owner or by city crews, subject to a 10-day right of appeal by the owner to the board of adjustment, prior to removal.
(g) Continuation and discontinuation of nonconforming signs. All nonconforming permanent signs, legally existing on the effective date of this chapter, may continue to exist; provided that signs which are fifty (50) percent or more structurally deteriorated shall be either removed or altered so as to comply with this chapter. Signs which are nonconforming because they have flashing lights or intermittent illumination shall be given thirty (30) days from the date of the adoption of this chapter to be brought into compliance with this chapter.
(h) Bonding requirements. Signs shall not be located, constructed, erected, altered, attached, posted or painted, except by a bonded contractor whose primary business is sign work. All electrical sign work shall be performed by a licensed master sign electrician or a master electrician.
(i) Maintenance. All signs shall be maintained in good appearance and safe structural condition.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-25, sec. 1, adopted 3/16/82; Ordinance 84-10, sec. 1, adopted 1/17/84; Ordinance 85-22, sec. 1, adopted 2/26/85; Ordinance 86-30, secs. 1, 2, adopted 3/25/86; Ordinance 87-33, sec. 7, adopted 4/28/87; Ordinance 91-22, sec. 1, adopted 3/5/91; Ordinance 92-62, sec. 4, adopted 8/11/92; Ordinance 98-7, sec. 7, adopted 2/3/98; Ordinance 99-53, sec. 1, adopted 7/27/99; Ordinance 00-58, sec. 2, adopted 7/11/00; Ordinance 04-056, sec. 1, adopted 7/27/04; Ordinance 05-034, sec. 2, adopted 3/29/05; 1978 Code, sec. 30-28; Ordinance 07-078, sec. 2, adopted 7/24/07; Ordinance 08-021, secs. 8, 9, adopted 3/18/08; Ordinance 08-106, sec. 7, adopted 11/25/08; Ordinance 10-051, sec. 1, adopted 6/29/10; Ordinance 11-050, secs. 1–4, adopted 8/9/11; Ordinance 12-020, sec. 1, adopted 4/24/12; Ordinance 13-033, sec. 1, adopted 6/4/13)
State law reference–Municipal regulation of signs, V.T.C.A., Local Government Code, sec. 216.001 et seq.
Sec. 28.04.004 Planned unit development standards and requirements
(a) General plan. Prior to the issuance of a specific use permit or any building permit for property located in a PUD, Planned Unit Development District, a general land use and density plan must be submitted to the planning commission. The plan shall include a schematic land use plan identifying proposed general uses, densities, major open spaces, circulation and access features, and a statement indicating proposed phasing of development and the projected timing of each phase. The planning commission shall forward the plan with its recommendation to the city council. The applicant shall pay a processing fee of one hundred dollars ($100.00). Advertisement and public hearings shall be held by the planning commission and city council in accordance with the notification procedure set forth for a rezoning application.
(b) Size. A PUD, Planned Unit Development District, may be authorized only on sites containing five (5) or more acres of land. However, sites less than five (5) acres will be considered on merit with a specific use permit.
(c) Cluster housing. If the proposed development contains cluster housing, the minimum standards and requirements set forth for cluster unit housing developments set forth in section 28.04.008(b)(1) of this chapter shall apply.
(d) Height and peripheral yard requirements.
(1) Height. Structure and buildings located in a Planned Unit Development District shall not exceed thirty-five (35) feet, without specific authorization and approval from the city council.
(2) Yards. All buildings and structures shall be set back not less than twenty-five (25) feet from any peripheral property line or street right-of-way.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 98-7, sec. 8, adopted 2/3/98; 1978 Code, sec. 30-29)
Sec. 28.04.005 Nonconforming buildings, structures and uses of land
(a) Continuing existing nonconforming buildings, structures, and uses of land. Except as hereinafter specified, any use, building or structure lawfully existing on the effective date of this chapter may be continued.
(b) Limitations on nonconforming uses. Lawful nonconforming uses shall be subject to the following limitations:
(1) The use of land which is a lawful nonconforming use may be continued until such time as a structure is erected thereon, and thereafter the use of land and buildings shall conform with all the provisions of this chapter.
(2) Any building, structure or land which is occupied or used as a lawful nonconforming use which shall become vacant or unused for a continuous period of one year shall not thereafter be occupied or used except for a use which conforms to the use regulations of the district in which it is located. Provided, however, that nonconforming field crops may be reestablished when the land has been unused for a period of time not exceeding three (3) years. For the purposes of this paragraph “vacant” or “unused” shall mean the nonconforming use has been intentionally abandoned. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purpose.
(3) A nonconforming use may be changed only to a use permitted in a more restricted zoning district or to a conforming use.
(4) Whenever a lawful nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
(5) Expansion, enlargement or intensification of a lawful nonconforming use shall not be permitted unless such expansion, enlargement or intensification, when considered independently of the lawful nonconforming use, is made to conform to the regulations of the district in which it is located.
(6) A building or structure occupied or used by a lawful nonconforming use shall not be enlarged, extended or structurally altered unless the use occupying or using such enlargement, extension or alteration, when considered independently of the lawful nonconforming use, is made to conform to the regulations of the district in which it is located. (7) Repairs and maintenance work on a building or structure that is occupied or used by a lawful nonconforming use may be made, provided that no structural alterations shall be made except as required by law.
(8) When a building or structure occupied or used by a nonconforming commercial use that became nonconforming since April 1, 1981, or when a nonconforming industrial use is damaged by fire, explosion, act of God, or other calamity to the extent that the cost of reconstruction or repair exceeds sixty (60) percent of the replacement cost of the structure, such nonconforming use shall no longer be permitted.
(c) Limitations on nonconforming buildings. The following limitations, restrictions and requirements shall apply to lawful nonconforming buildings and structures:
(1) A lawful nonconforming building or structure occupied or used by a nonconforming use shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located.
(2) A lawful nonconforming building or structure occupied or used by a permitted use, may be enlarged or added to, provided that the enlargement or addition, when considered independently of the original building or structure, complies with the yard and height regulations and the off-street parking requirements for the use of said building or structure.
(3) No nonconforming building or structure shall be moved in whole or in part to another location on the lot on which it is located unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located.
(4) A lawful nonconforming building or structure that is damaged by fire, explosion, act of God or other calamity may be repaired and reconstructed, provided there is no increase whatsoever in the degree or extent of the previously existing nonconformity.
(5) A conforming building shall not be changed to a use which would result in the building becoming nonconforming.
(d) Exemptions.
(1) The limitations on nonconforming uses in this section shall not apply to any residential use existing at the time of the adoption of this chapter.
(2) The limitations and restrictions of this section shall not apply to conforming uses lawfully existing at the time of the adoption of this chapter when the use has been changed in the district from a permitted use to a use permitted with a specific use permit, or when the use which was permitted by right prior to any district change has, after a change in districts, been changed to a use which requires a specific use permit.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-19, sec. 1, adopted 3/9/82; Ordinance 82-134, secs. 4, 5, adopted 12/14/82; Ordinance 85-21, sec. 1, adopted 2/26/85; Ordinance 93-28, sec. 1, adopted 8/24/93; Ordinance 98-7, sec. 9, adopted 2/3/98; 1978 Code, sec. 30-30)
Sec. 28.04.006 Landscaping and screening requirements
(a) Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, to enhance the aesthetic and visual image of the community, to encourage the preservation of large trees which once removed can be replaced only after generations, and to assist with clean air. In no case shall these provisions restrict ADA requirements.
(b) Landscape plan required. All building permit applications for new building construction shall be accompanied by two (2) blueline or blackline prints of the landscape plan to be approved by development services before issuance of the building permit. The landscape plan shall contain sufficient detail to show the following:
(1) The date, scale, north arrow and names and address and phone numbers of each property owner and person preparing the plans.
(2) The footprint of all existing and proposed structures.
(3) Remaining and/or proposed site elements such as power poles, fences, walls, drainage swales, easements, sidewalks, parking lot layout, pedestrian walkways, and other such elements.
(4) A schedule identifying name, size, number, and location of all landscape elements.
(5) Name, location and size of existing trees, and type and location of other vegetation proposed to remain for credit purposes.
(6) The size and location of the parking lot and the number of spaces, and how the owner proposes to address the interior landscaping requirement.
(7) Such other information as may be reasonably necessary to administer and enforce the provisions of this ordinance.
(8) Drawn at a scale of one (1) inch equals fifty (50) feet or greater.
(c) Irrigation required.
(1) All buildings greater than three thousand (3,000) square feet shall require an automatic irrigation system sufficient to provide complete coverage of required screening landscaped areas.
(2) An irrigation system shall be installed and operational prior to issuance of a certificate of occupancy or final building inspection.
(3) State law requires installation by licensed irrigators.
(4) Irrigation systems shall be maintained in good and operating condition.
(5) For buildings three thousand (3,000) square feet or less, hose bibs may be used for irrigation purposes.
(d) Certificate of occupancy. No certificate of occupancy for new construction shall be issued or final approval of parking lot expansion made unless complying with terms and conditions required herein.
(e) Definitions.
Berm. Landscaped earthen hill of three (3) feet height or greater. Berm
Caliper. The measure of the diameter of a tree at eighteen (18) inches above grade.
(1) Class A trees must be two (2) inches caliper or greater.
(2) Class B trees if multi-trunked, must have a minimum of three (3) trunks of one (1) inch caliper each.
Class A tree. A tree with a mature height of thirty (30) feet or more. See recommended list.
Class B tree. A tree with a mature height of less than thirty (30) feet. See recommended list.
Critical root zone. A circular region measured outward from the tree trunk to the drip line representing the area of roots that must be maintained or protected for the tree’s survival.
Drip line. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
Easement. The legal grant of right-of-use to an area of designated private property, utilized by public corporations (states, municipalities) and also made to companies providing public services such as gas, electricity, and telephone.
Island. A curbed landscaped area in a parking lot that is surrounded on all sides by parking spaces.
Landscaped. Shall consist of any combination of turf/grass/ground cover, shrubs, and trees. It must be installed in a sound manner and in accordance with accepted standards of the nursery industry.
Median. A curbed landscaped area in a parking lot that separates parking aisles.
Open space buffer planting strip. The area between single-family residential and any other zoned property. This strip is to include required trees.
Peninsula. A curbed landscaped area that protrudes into parking aisles and adjoins other non-parking open space. Planting strip. The area between the curb and sidewalk, two (2) curbs, a curb and fence, or a sidewalk and fence.
Public right-of-way. The entire strip of land lying between the property line and a street or thoroughfare, alley, crosswalk, or easement.
Shrub. A woody plant of low or medium height, usually multi-stemmed. See recommended list for three-foot-high hedge.
Vehicular use area. The total area of all the parking spaces and drives serving the parking area.
(f) Perimeter landscaping and screening.
(1) When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten-foot width of landscaping open space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property.
(2) In an open space buffer planting strip required under the terms of this section, a minimum of one (1) class A tree or two (2) class B trees shall be planted and maintained for each twenty-five (25) lineal feet or portion thereof of said open spacebuffer strip. The required trees may be planted anywhere within the buffer strip with a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees. Refer to definitions on tree size.
Open Space Buffer Planting Strip
(3) In addition, an eight-foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be masonry or a wood diagonal, horizontal or vertical stockade type privacy fence, although the framing may be metal.
(4) In lieu of the fence, a thirty-foot-wide landscape planted buffer for the purpose of screening, may be provided along the property line.
(5) For a thirty-foot-wide landscape planted buffer, one (1) class A tree or two (2) class B trees shall be planted and maintained for each ten (10) lineal feet of buffer. The required trees may be planted anywhere within the buffer strip with a minimum of twenty (20) feet apart for class A trees and a minimum of ten (10) feet apart for class B trees. Refer to definitions on tree size.
Thirty-Foot-Wide Landscape Planted Buffer
(6) The provisions of this perimeter landscaping and screening shall not apply where districts are separated by a public street.
(7) When a specific use permit is required, the landscape buffering and fencing required by this section may be modified or eliminated as a condition of a specific use permit.
(g) Dumpster and immobile trash containers. Any fixed or otherwise immobile trash container must be set back from the property line no less then twenty-five (25) feet or be completely screened from view from any street via landscaping and solid, opaque fencing on a minimum of three (3) sides. No such container shall be allowed on city right-of-way.
(h) Landscaping of off-street parking.
(1) Island, median and/or peninsula requirements.
(A) Any parking lot or portion thereof which is to contain twenty (20) or more parking spaces shall provide permanently landscaped areas consisting of islands, peninsulas, or medians within the parking area. The required landscaped island, peninsula, or median shall be provided as follows:
(i) Sites having less than one hundred (100) parking spaces: One (1) landscaped island, peninsula, or median per twenty (20) parking spaces is required.
(ii) Sites having more than one hundred (100) parking spaces: One (1) landscaped island, peninsula, or median per ten (10) parking spaces is required. (iii) The landscaped island or peninsula located within the parking spaces shall be no less than nine (9) feet wide or if a landscaped median shall be no less than six (6) feet wide.
Landscaped Island or Peninsula
(iv) Each island or peninsula required herein shall at minimum contain one (1) class A tree or two (2) class B trees.
(v) Each median required herein shall at minimum contain one (1) class A tree or two (2) class B trees for each twenty-five (25) linear feet of median.
(vi) All such landscaped areas shall be protected from vehicular access to these areas by curbing or other protective devices. No automobile or other type of vehicle shall be driven on any required landscaped space.
(2) Perimeter requirements.
(A) A landscaping edge or buffer shall be required along each side of a parking lot that faces towards a public right-of-way.
(B) The landscaping edge shall be no less than six (6) feet wide and may use up to three (3) feet of the public right-of-way, if unused and available at the time of permitting.
Landscaping Edge
(C) The landscaping edge shall be for the parking lot’s entire length.
(D) The landscaping edge shall contain no less than one (1) class A tree or two (2) class B trees for each twenty-five (25) lineal feet or fraction thereof of the edge.
(E) The required trees may be located anywhere within the six (6) foot landscape edge with a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees. Refer to definitions on tree size.
Location of Trees
(F) If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. In addition, no trees shall be permitted within a thirty-foot distance from the outermost power line.
(G) A screen no less than three (3) feet height comprised of a wall, solid fence, berm, or plant material or combination of shall be provided along the entire length of the landscaping edge or buffer, if any part of the landscaping edge is within ten (10) feet of the right-of-way. The screen does not have to be straight with the street or parking edge.
Screen
(H) The three-foot-high screen shall not be on the right-of-way.
(I) The three-foot-high screen shall not be required across driveways.
(J) The three-foot-high screen shall not be within three (3) feet of a driveway or restrict a driver’s line of sight of approaching vehicles as determined by the city. (K) The required three-foot-high screen, when planted, shall be a minimum of two (2) feet in height. See list of suggested shrubs.
(L) A minimum width of three (3) feet is required for the bed containing the planted screen.
(M) The required three-foot-high screen, if planted shall be maintained at no less than three (3) feet high.
(3) An increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section.
(i) Landscaping bonus provisions.
(1) In order to receive credit for preserved trees, the owner must include as part of the landscape plan submittal, a tree preservation plan which must be approved by development services.
(A) The tree preservation plan shall include the name, location, size and condition of each tree to be preserved, along with an indication of proposed development features which may impact such trees, and any other pertinent information as required to evaluate existing and proposed conditions.
(B) The tree preservation plan shall include a detailed description of all methods to be used to ensure the survival of all trees scheduled for preservation credit, including information that may be required to interpret the intent and methodology proposed.
(C) Any tree to be preserved for credit shall be protected from excavation and all construction by fencing off the area which constitutes the critical root zone as defined herein.
(D) All building material, dirt, debris and equipment shall be kept outside the fenced area.
(E) All tree preservation methodology shall conform to the standards of the state department of agriculture and forestry, the state forest service and the International Society of Arboriculture.
(F) If a preserved tree dies within five (5) years, it is the responsibility of the owner to replace that tree with the number of class A trees credited on a matching basis within six (6) months.
(2) Credit may be received for preservation of existing trees as follows:
(A) For each existing tree between two (2) to four (4) inches in caliper, a tree credit of one (1) for one (1) is allowed.
(B) For each existing tree between five (5) and twelve (12) inches in caliper, a tree credit of two (2) for one (1) is allowed.
(C) For each existing tree over twelve (12) inches in caliper, a tree credit of three (3) for one (1) is allowed.
(3) The required minimum front building setback for development in GC-MD and GC-MD-2 Districts and for multifamily housing in RM-M and RM-H Districts shall be reduced to fifteen (15) feet when a landscaped planting strip is provided across the first ten (10) feet of the property adjacent to the street right-of-way.
(A) A turf area is to be located between the paved or curbed portion or sidewalk of the adjacent street right-of-way and the front property line.
(B) The landscape planting strip shall not be used for parking, but can be crossed with driveways providing direct ingress and egress to the development that have been approved by the development services manager or his designee.
(C) This landscape planting strip shall by planted with one (1) class A or two (2) class B trees for each twenty-five (25) lineal feet or fraction thereof along the property line. The required trees may be planted anywhere within the landscape planting strip with a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees.
(D) Three (3) feet of public right-of-way may be used with written permission from development services.
(j) Installation and maintenance.
(1) All landscaping shall be installed in accordance with accepted standards of the Texas Nurseryman’s Manual.
(2) All plant material shall be true to name, variety, and size and shall conform to all applicable provisions of the American Standards for Nursery Stock, latest edition.
(3) The owner and/or tenant shall be responsible for installing and maintaining all landscaping according to standard horticultural practices.
(4) All landscaping shall be maintained in a healthy, neat, and orderly condition.
(5) No trees may be located within ten (10) feet of a fire hydrant.
(6) No trees may be topped if the limbs are three (3) inches in diameter or greater.
(7) Required three-foot hedges shall be maintained at a minimum of three (3) feet in height.
(8) Dead, dying or damaged landscaping material shall be immediately replaced in conformance herein.
(9) Irrigation systems must be in good and operating condition.
(10) Failure to install required material or maintain landscaping within sixty (60) days of notification shall be subject to legal action pursuant to section 1.01.009 of the Code of Ordinances of the city.
(11) Any request for a modification to the terms of this ordinance must be submitted in writing and be responded to in writing by the development services manager.
(k) Letter of credit.
(1) A letter of credit may be utilized when the landscaping improvements required by this section 28.04.006 have not been completed prior to the issuance of a certificate of occupancy. (2) The applicant shall post cash or an irrevocable letter of credit payable to the city in an amount equal to one hundred thirty (130) percent of the estimated cost. This amount shall include the city’s cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the city or in escrow with a bank at the option of the city. Such letter of credit shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the city manager or his designee and shall be incorporated in the letter of credit. In those cases where a letter of credit has been posted and the required improvements have not been installed within the terms of the letter of credit, the government body may thereupon declare the letter of credit in default and require that all of the improvements be installed.
(l) Screening of backflow prevention devices. Any backflow prevention device required by the plumbing code, article 24.02, division 4, be it a commercial or residential use, shall be completely screened from the street via landscaping or a solid, opaque fence.
TREES FOR BEAUMONT
Class A tree: Mature height greater than thirty (30) feet.
Branches begin at six (6) feet.
Must be two (2) inches or greater in caliper when planted.
Common Name Latin Name
American Beech Fagus grandifloia
Arizona Ash Fraxinus velutina
Bald Cypress Taxodium distichum
Canary Island Date Palm Phoenix canariensis
Cedar Elm Ulmus crassifloia
Cherrybark Oak Quercus falcata var. pagodifolia
Chinese Elms Ulmus parvifolia
Green Ash Fraxinus pennsylvanica
Hackberry Celtis laevigata
Live Oak Quercus virginiana
Sawtooth Oak Quercus
Loblolly Pine Pinus taeda
Magnolia Magnolia grandiflora
Nuttall Oak Quercus nuttallii
Pecan Carya illinoinensis
Red Cedar Juniperus virginiana
Red Maple Acer rubrum ‘Drummondii’ Sabal Palms, Florida Fan Palm Sabal palmetto
Shumard Oak Quercus shumardii
Slash Pine Pinus elliottii
Southern Red Oak Quercus falcata
Spruce Pine Pinus glabra
Swamp Chestnut Oak, Cow, Basket Quercus michauxii
Sycamore Platanus occidentails
Washingtonia Palm Washingtonia robusta
Water Oak Quercus nigra
White Oak Quercus alba
Willow Oak Quercus phellos
Windmill Palm Tracycarpus fortunel
Winged Elm Ulmus alata
Class B tree: Less than thirty-foot mature height.
Eight (8) to ten (10) feet height when planted.
Common Name Latin Name
American Holly Ilex opaca
Cherry Laurel Prunus caroliniana
Chinese Fan Palm Livistona chinensis
Chinese Fringe Tree Chioanthus virginicus
Chinese Pistachio Pistacia chinesis
Crape Myrtle Lagerstroemia indica and hybrid
Flowering Pear Pyrus Calleryana ‘Bradford’, ‘Aristocrat’
Savannah Holly Ilex attenuata ‘Savannah’
Golden Rain Tree Koelreuteria bipinnata Japanese Evergreen Oak Quercus glauca
Loquat Eriobotrya japonica
Mexican Plum Prunus mexicana
Parsley Hawthorn Crataegus marshallii
Pindo Palm Butia capitata
Purple Leaf Plum Prunus cerasifera
River Birch Betula nigra
Sweet Bay Magnolia Magnolia virginiana
Texas Redbud Cercis canadensis ‘Texensis’
Tree Ligustrum Ligustrum lucidum
Tulip Magnolia Magnolia soulangiana
Vitex Vitex agnus-castus
Wax Ligustrum Tree Ligustrum japconicum
Yaupon Tree Ilex vomitoria
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain three-foot height or greater.
Must be evergreen.
Common Name Latin Name
Banana Shrub, Magnolia Fuscata Michelia figo
Blue Vase Juniper Juniperus chinensis ‘Glauca’
Bottlebrush Callistemon rigidus
Burford Holly Ilex cornuta ‘Burfordii’
Camellia Sasanqua, upright Camellia sasanqua
Camellia Camellia japonica
Chinese Holly Ilex cornuta ‘Rotunda’ Cleyera Ternstoremia gymnanthera
Dwarf Burford Holly Ilex cornuta ‘Burfordii Nana’
Dwarf Japanese Holly Ilex crenata ‘Compacta’
Dwarf Wax Myrtle Myrica pusilla
Elaeagnus Elaeagnus pungens
English Boxwood Buxus sempervirens
Florida Jasmine Jasminum floridum
Fringe Flower Loropetalum chinense
Gardenia, Cape Jasmine Gardenia jasminoides
Common Name Latin Name
Glossy Abelia Abelia grandiflora
Indian Azalea Rhododendron indica
Indian Hawthorn Raphiolepis indica
Japanese Viburnum Viburnum japonicum
Japanese Yew Podocarpus macrophyllus
Kumquat Fortunella japonica
Nandina Nandina domestica
Oleander Nerium oleander
Pineapple Guava Feijoa sellowiana
Pittosporum Pittosporum Tobira
Pyracantha Pyracantha coccinea
Red Tip Photinia Photinia glabra
Sweet Olive Osmanthus fragrans
Texas Sage Leucophyllum frutescens
Variegated Pittosporum Pittosporum tobira ‘Variegata’ Variegated Privet Ligustrum sinense variegata
Viburnum suspensum Viburnum suspensum
Wax-leaf Ligustrum Ligustrum japonicum
Wax Myrtle Myrica cerifera
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, secs. 6, 12, adopted 12/14/82; Ordinance 87-33, sec. 9, adopted 4/28/87; Ordinance 91-66, sec. 2, adopted 8/27/91; Ordinance 92-62, sec. 5, adopted 8/11/92; Ordinance 98-7, sec. 10, adopted 2/3/98; Ordinance 00-96, sec. 1, adopted 11/28/00; Ordinance 05-022, sec. 1, adopted 3/8/05; Ordinance 05-034, sec. 2, adopted 3/29/05; 1978 Code, sec. 30-31; Ordinance 12-059, sec. 3, adopted 8/28/12)
Sec. 28.04.007 Performance standards
(a) Compliance required. Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses as set forth in this chapter shall be undertaken and maintained only if they conform to the regulations of the section.
(b) Performance standard regulations. The following standards shall apply in the various zoning districts as indicated:
(1) Exterior noise. The following noise standards, unless otherwise specifically indicated, shall apply to all property within the city:
(A) For noise emanating from a facility on property located within any residential zoning district, the allowable noise level shall be as follows:
Time Interval Allowable Exterior Noise Level
10:00 p.m. to 7:00 a.m. 50 dB(a)
7:00 a.m. to 10:00 p.m. 55 dB(a)
(B) For noise emanating from a facility on property located within any commercial zoning district, the allowable noise level shall be as follows:
Time Interval Allowable Exterior Noise Level
10:00 p.m. to 7:00 a.m. 65 dB(a)
7:00 a.m. to 10:00 p.m. 70 dB(a)
(C) For noise emanating from a facility on property located within the Light Industrial Zoning District, the allowable noise level shall be 75 dB(A).
(D) For noise emanating from a facility on property located within the Heavy Industrial Zoning District, the allowable noise level shall be 85 dB(A).
(E) Noise emanating from property within any zoning district may exceed:
(i) The allowable noise level plus up to five (5) dB(A) for a cumulative period of no more than thirty (30) minutes in any hour; or
(ii) The allowable noise level plus six (6) to ten (10) dB(A) for a cumulative period of fifteen (15) minutes in any hour; or
(iii) The allowable noise level plus eleven (11) to fifteen (15) dB(A) for a cumulative period of five (5) minutes in any hour; or
(iv) The allowable noise level plus sixteen (16) dB(A) or more for a cumulative period of one minute in any hour.
(F) In the event the ambient noise level exceeds the allowable noise levels in subsections (B), (C), and (D) above, the allowable noise level for the property in question shall be increased to equal the maximum ambient noise level.
(G) For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included:
(i) Noises not directly under the control of the property owner, lessor, or operator of the premises.
(ii) Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 8:00 p.m.
(iii) Noises of safety signals, warning devices and emergency pressure relief valves.
(iv) Transient noise of mobile sources, including automobiles, trucks, airplanes and railroads. (v) Activities conducted on public parks, playgrounds and public or private schools.
(vi) Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events.
(vii) Air conditioning or refrigeration systems or associated equipment.
(H) For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.
(I) For the purpose of determining compliance with the foregoing subsections (C) through (F), and with regard to noise emanating from property already zoned industrial at the time this chapter is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.
(2) Vibration. No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with regard to vibration generated from any property already zoned industrial at the time this chapter is enacted, vibration is to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.
(3) Glare. Primary and secondary glare (both direct and reflective glare) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding, new construction and repairs of facilities shall be exempt from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations.
(4) Particulate air contaminants. No emissions, dust, fumes, vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the state commission on environmental quality and the Environmental Protection Agency.
(c) Exceptions from performance standards. The owner or operator of any building, structure, operation or use which violates any performance standard may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The board of adjustment may grant exceptions with respect to time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section of the chapter. In its determinations, the board of adjustment shall consider the following:
(1) The magnitude of the nuisance caused by the violation;
(2) The uses of property within the area of impingement by the violation;
(3) The time factors related to study, design, financing and construction of remedial work;
(4) The economic factors related to age and useful life of the equipment;
(5) The general public interest, welfare and safety;
(d) Exemptions. The provisions of this section shall not apply to industrial uses, or expansions thereof upon adjacent property, which exist within the city on the effective date of this chapter.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-32)
Sec. 28.04.008 Special conditions
(a) General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the chapter. A building permit or certificate of occupancy shall not be issued for any permitted use with “special conditions” until all of the required conditions have been met.
(b) Special conditions by use.
(1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions:
(A) Area. The site shall contain two (2) or more acres of land.
(B) Density. The minimum average net land area per dwelling unit shall be governed by section 28.03.024(b), but shall not include public and private streets in the development.
(C) Yards. A minimum twenty-five-foot yard or open space area shall be required from all public street rights-of-way and from the boundary of the development. A minimum yard of ten (10) feet shall be established between all unattached dwellings.
(D) Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter.
(E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet.
(F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued.
(G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space.
(H) Co-owners’ association and assessments. A co-owners’ association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities and private streets and approved by the city attorney. There shall be a declaration creating an association of co-owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word “owner” shall mean the record owner, whether one or more persons or other unit which is a part of the development, including sellers under contract for deed, but excluding those having such interest as a security for the performance of an obligation. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments and maintenance fees.
(i) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extraordinary maintenance and repair of all private streets within the development. The word “street” as used in this subsection shall mean all paved or unpaved roads open to all owners of the development, so designated on the plat of the development, as distinguished from private driveways leading into one or more lots or other units.
(ii) Utility, water and sewer assessments. A monthly assessment for each owner’s pro rata share of the monthly utilities which may be metered or sold to the development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment hereinabove provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the development, as distinguished from lines which serve only one or more units. Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the city, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required.
(iii) Maintenance of common open space. The applicant shall also submit a scheme, subject to the approval of the city council, for assuring continued retention and perpetual maintenance of common green areas for as long a time as the development exists. The approved documents embodying restrictive covenants, deed restrictions or other methods of giving such assurance shall be filed for record in the county clerk’s office at such times as the commission or council directs.
(2) Adult entertainment uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the state Penal Code unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not be limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers or other similar entertainers.
(A) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of any dwelling.
(B) An adult entertainment use shall not be established or expanded within three hundred (300) feet of any other adult entertainment use, bar, pool hall, or liquor store.
(C) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of a church, child care facility, school, hospital, public building, or public park.
(D) The method of measuring the distance between an adult entertainment use and another adult entertainment use or any other use shall be from nearest property line to nearest property line of said uses.
(E) Eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and videotape rental (SIC 7841) that rents adult videotapes shall not be allowed in the RCR, NC, NSC, GC-MD and GC-MD-2 Districts.
(3) Swimming pool. Exception for private recreation facilities under subsection (8) below.
(A) If located in any residential zoning district, the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.
(B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool shall not be located closer than five (5) feet to any property line of the property on which located.
(C) The swimming pool shall be enclosed by a wall or fence six (6) feet in height with locking gates.
(4) Mobile home. A mobile home shall be permitted only in a mobile home park or a mobile home subdivision or as a single-family use for security caretaker housing on property and facilities used as a governmental or public school district use through a specific use permit.
(5) Garage apartments. Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements that are permitted.
(6) Servant’s or caretaker’s quarters. Accessory dwellings are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space, and off-street parking requirements.
(7) Accessory buildings. An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected therewith by a breezeway or similar structure. An accessory building attached to the main building shall be made structurally a part and have a common wall with the principle building and shall comply in all respects with the requirements of this chapter applicable to the main building. When a property owner owns two adjacent lots and wishes to erect an accessory building on the lot that does not contain the main building, the accessory building must straddle the adjoining lot line. Any utility service to an accessory building shall not be serviced from the main building. No separate utility meter will be allowed on an accessory building.
(8) Private recreation facility. Private recreation facilities in residential districts shall for multifamily developments, subdivisions, or homeowners’ associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners’ association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet ball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of each four thousand (4,000) square feet of area devoted to recreational use with a minimum of four (4) spaces and a maximum of twenty (20) spaces.
(9) Auto repair garage. Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions:
(A) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress;
(B) No spray painting may be done except in a building or room specially designed for that purpose; (C) All other auto repairing, etc., shall be conducted within a building enclosed on at least three (3) sides.
(10) Temporary batching facility. Before a specific use permit may be granted for a temporary batching facility, the city council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two (2) miles of the plant. A specific use permit may be granted for a period of not more than one hundred and eighty (180) days, and approval shall not be granted for the same location for more than four (4) specific use permits during any thirty-month period. Within thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition.
(11) Restaurant. The sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places as a use of right.
(12) Offices. Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions:
(A) A minimum ten-foot landscaped open space buffer strip shall be provided along any property line which abuts a residential zoning district.
(B) A minimum twenty-five-foot landscaped open space area shall be provided in the required front yard and also in the side yard if the property is a corner lot.
(C) No parking spaces shall be located in the minimum front yard or side yard if the property is a corner lot, and driveways shall provide direct access to any parking areas.
(D) All lighting shall be so situated as not to reflect light on any residential property.
(E) Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety (90) percent of the total lot area.
(F) Storefront, show window, or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in a professional or business office.
(13) Renting equipment. Special use permits are not required for the rental of equipment in a zoning district that permits the sale of the equipment as a right.
(14) Accessory parking. Accessory parking of vehicles with more than two (2) axles or that have a rated carrying capacity in excess of two (2) tons, other than recreational vehicles, shall not be allowed in residential zoning districts.
(15) Storage limitations. In a GC-MD District a towing service shall only be permitted to store not more than ten (10) vehicles on the lot or premise on which it is located as a use of right. Storage of more than ten (10) vehicles shall be permitted only with a specific use permit.
(16) Heliports and helistops. Heliports and helistops, as defined in section 28.01.004(b), are subject to the requirements of article 14.02, division 2 of the Code of Ordinances.
(17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC, GC-MD, GC-MD-2 and CBD Districts shall be limited to the care of household pets and shall not provide overnight kennel services, except on a medical emergency basis. Overnight kennels and veterinary services not limited to household pets may be allowed in GC-MD, GC-MD-2 and CBD Districts with a specific use permit. Veterinary services for animal specialties (SIC 0742) may be permitted as an accessory use to existing kennels (SIC 0752) with a specific use permit.
(18) Permitted land uses. The land uses listed under SIC Group Number 20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the GC- MD, CBD and C-M Zoning Districts if: (i) granted a specific use permit and (ii) comply with the following conditions:
(A) All business-related activities, including storage of materials and equipment, shall be conducted within a completely enclosed structure.
(B) All lighting shall be situated so as not to cast or reflect light on any residential property.
(C) A traffic circulation plan showing all parking, drives, loading/unloading areas, and curb cuts and truck routes shall be submitted to the city engineer for his approval. The city engineer may, as a condition of approval of the traffic circulation plan, restrict the size of trucks parked on the site or involved in deliveries and pickup. The city engineer may also designate or restrict truck routes.
(D) The maximum gross floor area for any lot or premise shall be five thousand (5,000) square feet.
(E) Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District.
(F) Industrial performance standards, as specified in section 28.04.006 [28.04.007], will be applicable.
(G) Special condition 18 shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353).
(19) Residential care uses. Compliance with the following conditions is required:
(A) At least fifteen (15) days prior to the issuance of a building permit and/or a certificate of occupancy, written documentation must be submitted to the building official outlining the type, size, location, characteristics and proposed activities of the facility. The names, addresses and phone numbers of the operators, general operation information, a site plan and a list of the licenses and grants the facility will operate under must also be submitted.
(B) The owners of property within two hundred (200) feet of the proposed facility’s property lines must receive a written notice of compliance with the ordinance [this chapter] no less than ten (10) days prior to the issuance of the building permit and/or the certificate of occupancy. The notice will contain a copy of the written documentation submitted to the building official as required in special condition (19)(A). A processing fee of one hundred twenty- five dollars ($125.00) shall be paid to the city.
(C) A facility must be licensed, certified, or accredited by an agency of the county, state or federal government prior to providing services and the issuance of a certificate of occupancy. Approval of a specific use permit by city council may be used in lieu of a license.
(D) A facility must provide twenty-four-hour on-site supervision of its residents or clients.
(E) A facility must comply with the following densities:
Zoning District Minimum Square Feet of Lot Area Per Resident
RMM 800
RMH 500
RCR 500
GC-MD 500
GC-MD-2 500
CBD No minimum as determined by specific use permit
PUD
(F) A sign measuring not less than ledger (eleven (11) inches by seventeen (17) inches) in size will be posted in the public right-of-way adjacent to the proposed facility’s location not less than ten (10) days prior to the issuance of a building permit. The sign will state the type of land use and the name, address and phone number of the agent or agency responsible for the proposed facility.
(20) Storage of plastic and rubber material. The storage of plastic and rubber material within the city limits shall meet the following conditions:
(A) The warehouse shall be limited to a one-story structure with a height limit of forty-five (45) feet.
(B) The warehouse shall be located on a lot of no less than ten thousand (10,000) square feet in area.
(C) The building setbacks shall be a minimum of twenty (20) feet from any and all lot lines or as listed on the area and height regulations tables, section 28.03.024(b) 2. and 3., whichever is greater.
(D) The regulations of the fire code shall be complied with.
(21) Garage sales are a permitted use in all the residential zoning districts provided the following conditions are complied with:
(A) A garage sale shall not be for more than three (3) continuous days;
(B) No more than two (2) garage sales per calendar year per premises shall be allowed;
(C) Hours of operation shall be limited from sunrise to sunset;
(D) No merchandise shall be displayed or placed on the public right-of-way; and
(E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right-of-way shall be allowed.
(F) Garage sales conducted out of a dwelling unit are exempt from the parking requirements.
(22) Bed and breakfast facility.
(A) General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to Beaumont, but the income for such facility provides incentives from [for] maintaining Beaumont’s older homes. This subsection is enacted on the basis of the public policy that supports the city as a tourist destination of persons interested in the architectural and historic significance of the city’s older residential structures. This subsection focuses on the need to provide an incentive for owners of Beaumont’s older homes to continue occupancy and maintenance of historic structures.
(B) Definition. An owner-occupied private home built prior to 1950 and located within an historic district or awarded an HC-L designation and/or of historic significance which offers lodging for paying guests, which serves food to only those guests and which allows for limited social functions as regulated in this article [this subsection].
(C) Special regulations for bed and breakfast facilities.
(i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in an historical district or awarded an HC-L designation and/or of historic significance.
(ii) Specific use permit required.
a. A specific use permit granted by city council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the city Code of Ordinances (section 28.02.008).
b. An application for a specific use permit shall be filed with the director of planning, who shall prepare a report for review by the planning commission and city council.
c. Issuance of a specific use permit by the city council, after recommendation by the planning commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. d. The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to the continuation of use of the premises as a bed and breakfast facility.
(iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area.
(iv) Number of guest rooms. A maximum number of five (5) guest rooms is allowed.
(v) Management. The facility shall be owner occupied.
(vi) Length of stay. Maximum length of stay is limited to fourteen (14) consecutive days in any thirty-day period of time. The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests.
(vii) Signage. Signs shall be permitted upon approval of a building permit by the chief building inspector and in accordance with the city Code of Ordinances (section 28.04.003). In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size and consisting of the name of the establishment only, shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house.
(viii) Parking. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the city Code of Ordinances (section 28.04.006).
(ix) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and building code requirements and must be approved by the historic landmark commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance).
(x) Other uses.
a. The sale and/or display of merchandise or other commodities is prohibited.
b. Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The planning division is to be notified of the functions taking place. Notification shall be filed with the planning division on a quarterly basis, indicating the type of function, the date, and the number of guests. The city council may restrict the number of social events based upon neighborhood compatibility, lack of parking facilities, traffic generation and/or traffic capacity of surrounding streets.
(xi) Health, fire and building considerations. All bed and breakfast facilities shall meet all applicable local and state regulations.
(23) In GC-MD, SIC Group Number 15, 16, and 17 are permitted by right if there is no fabrication or outside storage or repair.
(24) Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary.
(25) Temporary portable storage containers may be located as a temporary structure on property within the city for a period of no more than thirty (30) days. No more than two temporary portable storage containers may be located on a specific piece of property within the city at any one time. Such temporary container shall not be located on a specific property more than two (2) times in any given thirty (30) calendar day period. Such temporary container shall be located no closer than five (5) feet to the property line unless placed on an existing impervious driveway. No container shall be placed on public right-of-way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or twenty (20) feet in length. No advertising other than the name of the company, its phone number and its website shall appear on the container. It shall be the obligation of the owner or user of such temporary container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other inclement weather conditions in which such structure may become a physical danger to persons or property, the appropriate code enforcement officers may require the immediate removal of such temporary container. In the event of fire, hurricane or natural disaster causing substantial damage to the dwelling structure, the property owner may apply to the planning manager for permission to extend the time that a portable on demand storage container may be located as a temporary structure on the property. Extensions shall be for periods of thirty (30) days with no more than two (2) grants of extensions allowed.
(26) On undeveloped property in a GC-MD District, the parking of commercial vehicles with more than two axles or that have a rated carrying capacity in excess of two tons shall require the granting of a specific use permit.
(27) Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings. Any industrial housing shall:
(A) Have a value equal to or greater than the median taxable value of each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified appraisal for the county. Value shall be defined as the taxable value of the industrialized housing and lot after installation of the housing;
(B) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the majority of the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
(C) Comply with building setbacks, subdivision ordinance and other site requirements applicable to single-family and duplex dwellings; and
(D) Be securely fixed to a permanent foundation as defined by the city adopted building codes. Permanent foundation shall mean one of the following:
(i) Pier and beam foundation as designed by a registered professional engineer licensed in the state.
(ii) A combination pier and footing as designed by a registered professional engineer licensed in the state.
(iii) A monolithic poured-in-place slab as designed by a registered professional engineer licensed in the state. (28) Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks.
(29) For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places.
This definition shall not include eating places that serve individuals from the individual’s own bottle or private stock.
(30) Eighteen (18) wheeler trailers shall not be used as storage units except in the LI and HI districts.
(31) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H districts.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 1, adopted 7/28/81; Ordinance 82-109, secs. 2, 3, adopted 9/14/82; Ordinance 86-89, sec. 3, adopted 8/2/86; Ordinance 87-33, sec. 2, adopted 4/28/87; Ordinance 87-60, sec. 2, adopted 7/28/87; Ordinance 87-74, sec. 3, adopted 9/22/87; Ordinance 87-79, sec. 1, adopted 10/13/87; Ordinance 87-84, sec. 1, adopted 10/27/87; Ordinance 89-10, sec. 1, adopted 2/28/89; Ordinance 89-14, sec. 2, adopted 3/7/89; Ordinance 89-21, sec. 2, adopted 4/25/89; Ordinance 92-63, sec. 3, adopted 8/25/92; Ordinance 93-69, sec. 3, adopted 11/23/93; Ordinance 98-7, sec. 11, adopted 2/3/98; Ordinance 02-029, sec. 2, adopted 4/23/02; Ordinance 02-058, sec. 1, adopted 8/27/02; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/39/05; 1978 Code, sec. 30-33; Ordinance 07-096, sec. 3, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 3, adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031, sec. 10, adopted 6/26/12; Ordinance 12-074, secs. 10-11, adopted 9/25/12; Ordinance 13-003, secs. 4–5, adopted 1/15/13; Ordinance 13-033, sec. 2, adopted 6/4/13) APPENDIX E
CITY OF BEAUMONT PLANNING AND ZONING CALENDAR Planning Commission 2019 Calendar
Meeting Date Submittal Deadline 4:30pm
January 28, 2019 December 28, 2018 14, 2018
February 18 January 25, 2019 18, 2019
March 18 February 22 15
April 15 March 22 15
May 20 April 26 12
June 17 May 24 17
July 15 June 21 14
August 19 July 26 12
September 16 August 23 16
October 21 September 27 13
November 18 October 25 18
December 16 November 22 15
January 27, 2020 December 20 13
NOTE:
Workshops begin at 2:30 p.m. Regular Meetings begin at 3:00 p.m. Joint Public Hearings begin at 3:15 p.m. Regular Meetings and Joint Public Hearings are held in the City Council Chambers, City Hall, 801 Main Street. Zone change requests and applications for specific use permits are considered at Joint Public Hearings, not Regular Meetings. APPENDIX F
CITY OF BEAUMONT BOARD OF ADJUSTMENT CALENDAR Board of Adjustment 2019 Calendar
Meeting Date Submittal Deadline 4:30pm
January 3, 2019 December 14, 2018 14, 2018
February 7 January 18, 2019 18, 2019
March 7 February 15 15
April 4 March 15 15
May 2 April 12 12
June 6 May 17 17
July 11 June 14 14
August 1 July 12 12
September 5 August 16 16
October 3 September 13 13
November 7 October 18 18
December 5 November 15 15
January 2, 2020 December 13 13
NOTE:
All meetings begin at 3:00 p.m. on the first Thursday of each month. The Chairman may call a special meeting at any time. A quorum of the Board shall consist of four (4) members or alternate members and are held in City Council Chambers, City Hall, 801 Main Street. APPENDIX G
CITY OF BEAUMONT WATER AND SEWER RATES CHAPTER 22
UTILITIES
ARTICLE 22.01 GENERAL PROVISIONS* Sec. 22.01.001 Tampering with apparatus; placing posters thereon
It shall be unlawful for any person to tamper with, molest or use in any manner the poles, wires, crossarms, lamps, hoods, switches, cutoffs, connections, or any part of the lines or apparatus belonging to the city or any person within the city, and no person shall have the right to place upon the poles belonging to the city or such person any handbills, notices, cards, advertising bills, placards or any written, printed or painted matter, either by posting, tacking, suspending or any other mode of fastening. (1958 Code, sec. 39-1; 1978 Code, sec. 28-1)
State law reference–Criminal mischief by tampering with public communications, public water, gas, or power supply, V.T.C.A., Penal Code, sec. 28.03.
Sec. 22.01.002 Interference of installations with private property
It shall be unlawful for any person, in the erection, repair and maintenance of his wires, poles or other appliances, to, without consent, interfere with, injure, molest, damage or fasten to, and connect with, the shade trees, buildings and improvements of any property holder within this city. (1958 Code, sec. 39-2; 1978 Code, sec. 28-2)
Sec. 22.01.003 Underground installations; furnishing plan, permission to lay
Companies having an underground pipage system or underground wires shall be required to furnish the city engineer with the map showing streets, alleys and sidewalks occupied by the pipage or underground wire system and the dimensions of the pipes used, and no such company shall be allowed to repair or put in new pipes or wires without first obtaining permission of the city engineer, and first filing in the office of the city engineer a map showing the territory to be occupied by the pipage or wire system and the dimensions of the pipe to be used. No such company shall be allowed to continue the occupancy of the streets of the city unless it complies with the above provisions. (1958 Code, sec. 39-3; 1978 Code, sec. 28-3)
Sec. 22.01.004 Cable television or community antenna system operation without franchise prohibited
(a) No person, partnership, corporation or association shall construct, operate or maintain in, upon, along, across, over and under the streets, alleys, easements and public places located within the city a cable television system or community antenna system or any other related system for the interception, transmission and distribution of audio and video signals, including television, without first obtaining a franchise from the city council.
(b) In case any cable television system or community antenna system is operated or attempts to operate in, upon, along, across, over and under any of the streets, alleys, easements and public places of the city, then in addition to other remedies available the city council shall have the authority to institute on behalf of the city and in the name of the city any proper action or proceeding to correct or abate such violations as outlined above.
(1958 Code, sec. 23-5.1; 1978 Code, sec. 28-4)
Sec. 22.01.005 Watershed protection regulations The watershed protection regulations as on file with the city clerk are hereby adopted as the watershed protection regulations of the city. (Ordinance 01-099, sec. 1, adopted 12/11/01; 1978 Code, sec. 28-141)
State law reference–Sanitary standards of drinking water and protection of public water supplies and bodies of water, V.T.C.A., Health and Safety Code, sec. 341.031 et seq.
ARTICLE 22.02 WATER AND SEWER REGULATIONS*
Division 1. Generally
Sec. 22.02.001 Water service rates
(a) Effective October 1, 2016, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in subsection (b) of this section.
Meter Size/Inches Inside City Rate Outside City Rate
5/8 $13.04 $19.60
1 $14.45 $21.66
1-1/2 $15.85 $23.75
2 $19.78 $29.67
3 $40.18 $60.30
4 $48.71 $73.07
6 $87.82 $131.71
8 $120.77 $181.13
10 $166.19 $249.31
12 $207.19 $310.79 Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $4.41 $6.63
(b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.41).
(c) Eligible senior citizens shall mean customers residing in a single-family residence inside the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen’s monthly minimum charge shall be applicable for the life of the applicant.
(d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8-inch meter rate. Additional usage above and beyond the minimum usage will be billed-based on rates set by this section.
(Ordinance 88-72, sec. 1, adopted 8/9/88; Ordinance 89-79, sec. 1, adopted 10/24/89; Ordinance 90-68, sec. 1, adopted 11/13/90; Ordinance 92-81, sec. 1, adopted 12/8/92; Ordinance 00-45, sec. 1, adopted 5/30/00; Ordinance 00-56, sec. 1, adopted 6/27/00; Ordinance 04-042, sec. 1, adopted 6/22/04; 1978 Code, sec. 28-50; Ordinance 07-093, sec. 1, adopted 9/25/07; Ordinance 08-075, sec. 1, adopted 9/9/08; Ordinance 09-018, sec. 1, adopted 4/7/09; Ordinance 09-053, sec. 1, adopted 9/22/09; Ordinance 10-074, sec. 1, adopted 9/14/10; Ordinance 11-069, sec. 1, adopted 9/6/11; Ordinance 12-070, sec. 1, adopted 9/25/12; Ordinance 13-053, sec. 1, adopted 9/10/13; Ordinance 14-030, sec. 1, adopted 7/15/14; Ordinance 16-049, sec. 1, adopted 9/27/16; Ordinance 17-050, secs. 1–2, adopted 7/25/17)
Sec. 22.02.002 Wastewater service rates
(a) Effective October 1, 2016, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in subsection (b) of this section:
Meter Size/Inches Inside City Rate Outside City Rate
5/8 $8.34 $12.48
1 $8.48 $12.71
1-1/2 $8.62 $12.92
2 $9.36 $14.02
3 $10.59 $15.87 4 $15.51 $23.30
6 $25.44 $38.09
8 $31.08 $46.64
10 $42.39 $63.56
12 $53.67 $80.47
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $3.96 $6.01
(b) Senior citizens who comply with subsection (c) below will receive a discount which is equivalent to one thousand (1,000) gallons of water ($3.96).
(c) Eligible senior citizens shall mean customers residing in a single-family residence inside the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application, on a form provided therefor, with water customer services. Upon approval of the application the senior citizen’s monthly minimum charge shall be applicable for the life of the applicant.
(d) Residential sewer charges shall be based on the average water bill invoiced for the month of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at a 5/8-inch meter rate as the cap.
(e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the director of water utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the data provided, the director of water utilities may estimate said return or require submetering of the process water. Meters used for submetering shall be furnished at the customer’s expense and shall be approved by the director of water utilities.
(f) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8-inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section.
(Ordinance 88-72, sec. 1, adopted 8/9/88; Ordinance 89-79, sec. 2, adopted 10/24/89; Ordinance 90-68, sec. 2, adopted 11/13/90; Ordinance 92-81, sec. 1, adopted 12/8/92; Ordinance 00-45, sec. 2, adopted 5/20/00; Ordinance 00-56, sec. 2, adopted 6/27/00; Ordinance 04-042, sec. 2, adopted 6/22/04; 1978 Code, sec. 28-51; Ordinance 07-093, sec. 2, adopted 9/25/07; Ordinance 08-040, sec. 24, adopted 5/13/08; Ordinance 08-075, sec. 2, adopted 9/9/08; Ordinance 09-018, sec. 2, adopted 4/7/09; Ordinance 09-053, sec. 2, adopted 9/22/09; Ordinance 10-074, sec. 2, adopted 9/14/10; Ordinance 11-069, sec. 2, adopted 9/6/11; Ordinance 12-070, sec. 2, adopted 9/25/12; Ordinance 13-053, sec. 2, adopted 9/10/13; Ordinance 14-030, sec. 2, adopted 7/15/14; Ordinance 16-049, sec. 2, adopted 9/27/16; Ordinance 17-050, secs. 3–5, adopted 7/25/17)
Sec. 22.02.003 Payment of charges and deposits
(a) All bills shall be computed at the herein described rates and shall be payable within thirty (30) days from the date of such bills.
(b) Failure or refusal by any customer to pay any bill to the city, upon demand, shall constitute a breach of contract, and water and sewer service may, within ten (10) days from notice of such failure, be discontinued to the customer, and, at the discretion of the finance officer, such services shall not be renewed until the customer has paid all delinquent bills, plus the following applicable service charges:
(1) Field collection: $20.00.
(2) Disconnection: $25.00.
(3) Unauthorized use: $35.00.
(4) Meter removed: $50.00.
(5) Service killed at the main line: $300.00.
(6) Second trip on service turn-on: $15.00.
(7) Turn-on fee: $15.00.
(8) Returned check: $25.00.
(9) Late fee: $5.00.
(10) Tampering fee: $100.00.
(c) The notice to the user of failure or refusal to pay for water, sewer and sanitation service shall provide for a hearing if requested by the user. A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user’s appeal is made by the person conducting the hearing.
(d) The finance officer may require from any applicant for water service a cash deposit to secure payment of water, sewer and sanitation charges or any other charges that may accrue, and when such deposit is made it shall be not less than ninety dollars ($90.00); provided, however, additional deposits may be required from any applicant to pay charges accrued or to accrue for the services. Failure to pay the additional deposit will forfeit the right to water, sewer and sanitation services and the same may be discontinued five (5) days after notice to pay such additional deposit.
(Ordinance 88-72, sec. 1, adopted 8/9/88; Ordinance 00-46, sec. 1, adopted 5/30/00; Ordinance 03-105, sec. 1, adopted 12/9/03; 1978 Code, sec. 28-52; Ordinance 11-080, sec. 1, adopted 9/27/11)
Sec. 22.02.004 Connection to water and sewer systems and fees
(a) Required. All property owners owning property within the city which is within three hundred (300) feet of a city sanitary sewer or water line measured from the property line of such property to such utility line shall be required to connect to same.
(b) Connections to be made by water utilities department; tampering, etc., prohibited. (1) It shall be unlawful for any person or agent of any company to make connections with or any opening into the city sanitary sewer or water system.
(2) It shall be unlawful for any person or agent of any company to open, close or tamper with water system appurtenances. All water and sanitary sewer connections shall be made by water utilities department personnel or persons authorized by the water utilities director.
(c) Each detached dwelling unit shall be served by a separate meter. At the option of the owner, a building containing more than one dwelling unit or a mobile home park may be served by a single meter of a size to be determined by the water department. Accessory buildings, including servants’ quarters, may be served by the same meter that serves the main building. Where a residential dwelling and commercial business are served by a single meter, the account shall be considered as a commercial account for billing purposes. It shall be unlawful for any person or company to furnish water to a separate detached business or dwelling unit by means of a water hose or other similar hose connection.
(d) Meter and tap fees.
(1) A charge shall be made by the water utilities department for each new tap of the water and sewer main for a connection, said charge to be determined by the size of the connection and size of the meter. A fee shall be charged, according to the schedule established by the director of water utilities annually. The fee shall be sufficient to cover cost of materials and labor necessary to make such connection, plus ten (10) percent for overhead.
(2) All meters used for measuring the flow of water or sewer shall be approved by the director of water utilities.
(e) Connection permits required; applications. Application for connection permits shall be made in writing to the building official by the property owner or his authorized agent.
(Ordinance 88-72, sec. 1, adopted 8/9/88; 1978 Code, sec. 28-53; Ordinance 08-040, sec. 25, adopted 5/13/08)
Sec. 22.02.005 Testing water meters
(a) Any customer to whom water is furnished through a meter shall have the right to demand that his water be tested for accuracy, and when the customer wishes such test made, he shall deposit with the water department thirty dollars ($30.00) for each meter he desires to be tested.
(b) If any meter through which a customer is being supplied water is found, upon test, to be inaccurate by more than two (2) percent plus, the amount deposited for making such test is to be returned to the customer and all charges against the customer shall be credited for the proportionate amount the bill is increased because of over-registration of the meter.
(c) If, upon such test, the meter if found accurate, the deposit of the customer shall be retained as a fee for making such test. If the meter is found slow by more than two (2) percent, then it will be the duty of the director to charge the customer for any amount that may be due the water department because of under-registration of the meter.
(d) Any customer shall have the privilege of witnessing the test of his meter, and for that purpose shall be given notice of the time when such test is to be made.
(e) Should a dispute arise between a consumer and the water department as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer, complying with subsection (a), may have his meter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the water department to make such test to determine whether the customer is being overcharged and shall advise the consumer that such test is to be made and the time thereof, and if such test is made and it is found the meter is correctly registering within a range of two (2) percent plus or minus, then the customer’s bill, together with the testing charge above specified, shall become due and payable, and upon his refusal to pay same, the customer’s water shall be cut off and no further services rendered until delinquent bills are paid.
(Ordinance 88-72, sec. 1, adopted 8/9/88; 1978 Code, sec. 28-54; Ordinance 11-080, sec. 1, adopted 9/27/11)
Sec. 22.02.006 Water and sewer service outside city
No water or sewer service shall be furnished any subdivision outside the city unless and until a plan, plat or replat shall have been first approved in the manner provided by law. If such a plan, plat or replat shall have been so approved in accordance with the state statutes, the city may, if it is deemed advisable, furnish water service to premises outside the city limits, under the following rules:
(1) Any person residing outside of the city desiring to use city utilities shall make application to the water department requesting service, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by the city and shall be signed by the agent or owner of the property to be served, and he will become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the city.
(2) Water services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (150) percent of the rate established inside the city limits.
(Ordinance 88-72, sec. 1, adopted 8/9/88; 1978 Code, sec. 28-55; Ordinance 08-040, sec. 26, adopted 5/13/08)
Sec. 22.02.007 Fluoridation of water supply
(a) A source of fluoride ion approved by the department of state health services shall be added to the water supply of the city, under the rules and regulations of the state commission on environmental quality, such addition to be administered by the director of water utilities of the city in a manner approved by the health officer of the city.
(b) The addition of fluoride shall be in amounts recommended by the department of state health services, not to exceed more than one (1) part of fluoride to every million parts of water being distributed in the water supply system of the city.
(Ordinance 70-50, secs. 1–3, adopted 8/18/70; Ordinance 88-72, sec. 2, adopted 8/9/88; 1978 Code, sec. 28-56; Ordinance 08-040, sec. 27, adopted 5/13/08)
Secs. 22.02.008–22.02.050 Reserved
Division 2. Cross-Connection Control and Prevention*
Sec. 22.02.051 Purpose
The purpose of this division is:
(1) To protect the public potable water supply of the city from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s) or the customer’s private water system(s) such contaminants or pollutants that could backflow into the public water system.
(2) To promote the elimination or control of existing cross-connections, actual or potential, between the customer’s in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems. (Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(a))
Sec. 22.02.052 Cross-connections prohibited
(a) No installation of potable water supply, piping, or part thereof shall be made in such a manner that allows used, unclean, polluted, or contaminated water, mixtures, gases, or other substances to enter any portion of such piping by reason of backsiphonage, backpressure, or any other cause.
(b) No person shall install any water-operated equipment or mechanism or use any water-treating chemical or substances, if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the public potable water supply.
(c) No person shall connect to the public potable water system any mechanism(s) or system(s) designed to return used water to the public potable water system through any measures.
(d) No person shall connect to the public potable water system an auxiliary water system without the approval of the city.
(e) No water service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the public water supply is protected in accordance with the rules and regulations of the state commission on environmental quality (TCEQ) and this division. Water service shall be discontinued by the city if a required backflow prevention assembly is not installed, maintained, and tested in accordance with TCEQ rules and this division.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(b); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.053 Definitions
The following definitions shall apply to this division:
Air gap. The unobstructed vertical distance through free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical physical separations must be at least twice the diameter of the water supply outlet, never less than one (1) inch (25 mm).
Auxiliary supply. Any water supply on or available to the premises other than the city’s approved public water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural sources, such as, but not limited to, a well, spring, river, stream, used waters, or industrial fluids. These waters constitute an unacceptable water source over which the city does not have sanitary control.
Backflow. The undesirable reversal of flow in a potable water distribution system as a result of a cross- connection.
Backflow prevention device or assembly. Any mechanical or physical means to prevent backflow into the potable water system, including reduced pressure backflow assemblies, double check valve assemblies, atmospheric vacuum breakers, pressure vacuum breaker assemblies, or air gap. All backflow prevention assemblies must be approved by the city and shall have been manufactured in full conformance with the standards established by the American Water Works Association and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by “Specification of Backflow Prevention Assemblies” of the most current issue of the Manual of Cross-Connection Control.
City or the city. The City of Beaumont or its authorized representative, which, for the purposes of implementation and enforcement of the backflow prevention program, shall normally mean representatives of water utilities. Commission or TCEQ. The state commission on environmental quality, the regulatory agency of the state.
Cross-connection. Any actual or potential connection or structural arrangement between a potable water supply system and any plumbing fixture or any tank, receptacle equipment or device, through which it may be possible for any nonpotable, used, unclean, polluted and/or contaminated water, or other contaminant, to enter into any part of such potable water system under any condition or set of conditions.
Double check valve assembly. A backflow prevention assembly which consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test cocks.
Person. Any individual, partnership, associations, corporations, firms, clubs, trustees, receivers, and bodies politic and corporate.
Plumbing code. The city’s plumbing code as adopted under section 24.02.151 of the Code of Ordinances of the city.
Potable water supply. Any water supply intended or used for human consumption or other domestic use.
Public water system or supply. Any public or privately owned water system which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption. For the purposes of this division, this shall normally mean the public water supply maintained by the city.
Premises. Any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it.
Recognized backflow prevention assembly tester. An individual meeting the requirements of the most recent revisions to title 30, Texas Administrative Code section 290.44(h)(4), and holding a current endorsement from the state commission on environmental quality or its designated agent, for the type of assembly being tested.
Reduced pressure principle assembly. A backflow prevention assembly consisting of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient- seated test cocks.
Water utilities director. The person in charge of the city water utilities department or his/her designated representative.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(c); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.054 Applicability
The rules and regulations set forth herein are intended to limit backflow potential at residential, commercial and industrial facilities as well as all wholesale customers and all other connections to the city’s public water system. Nothing contained herein shall be construed to prevent the city from requiring appropriate backflow prevention, including disconnection from service, for any water service that presents a backflow potential where plumbing code requirements are not sufficient to protect the city’s public water system. (Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(d))
Sec. 22.02.055 Responsibility for costs of compliance
The cost of complying with these regulations shall be the responsibility of the property owners and their lessees. These costs include but are not limited to the purchase, installation, testing, and repair of backflow prevention assemblies. These costs shall also include point-of-use and premises isolation assemblies. (Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(e); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.056 Pressure loss
Any water pressure drop caused by the installation of a backflow prevention assembly shall not be the responsibility of the city. (Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(f))
Sec. 22.02.057 Thermal expansion
It is the sole responsibility of any user who owns or controls property to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly. (Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(g))
Sec. 22.02.058 Rental properties
Any person who owns or controls rental property is responsible for the installation, testing, and repair of any necessary backflow prevention assemblies on that property. (Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(h))
Sec. 22.02.059 Right of entry
(a) Upon presentation of proper identification, authorized representatives from the city shall have the right to enter any building, structure, or premises during normal business hours, or at any time during the event of an emergency, to perform any duty imposed by this division. These duties may include sampling and testing of water, or inspections and observations of all piping systems connected to the public water supply. Where a consumer has security measures in force which would require proper identification and clearance before entry into their premises, the consumer shall make necessary arrangements with the security guards so that, upon presentation of suitable identification, city personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities. Refusal to allow entry for these purposes may result in discontinuance of water service.
(b) On request, the consumer shall furnish to the city any pertinent information regarding the potable water supply system on such property where cross-connections and backflow are deemed possible.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(i))
Sec. 22.02.060 Abatement by city
(a) The city shall conduct a plumbing inspection or customer service inspection on any residential or commercial establishment served by the city’s public water supply prior to providing continuous water service to all new construction, on any existing service when the water utilities director has reason to believe that cross- connections or other contaminant hazards exist, or after any material improvement, correction, or addition to the customer’s private distribution facilities. The purpose of the inspection is to determine compliance with this division and applicable portions of the city’s plumbing code relating to cross-connection control and unsafe plumbing practices. Upon determination by the city that the residential or commercial establishment falls under the provisions of this division and requires a backflow prevention assembly, the water utilities director shall issue a notice to abate the condition or order the establishment to install the proper backflow prevention assembly(ies) commensurate with the degree of hazard. A copy of the notice which is issued or caused to be issued by the water utilities director shall be forwarded to the chief plumbing inspector of the city.
(b) An approved backflow prevention assembly shall be installed on each service line or point of delivery to a consumer’s water system whenever the following conditions exist:
(1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the TCEQ or the city, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard.
(2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the city’s public water system which have been subject to deterioration in quality.
(3) In the case of premises having (i) internal cross-connections that cannot be permanently corrected or protected against, or (ii) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the city’s public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in each service line.
(c) Using the city’s plumbing code, TCEQ regulations and guidelines, and American Water Works Association (AWWA) recommendations, the water utilities director shall designate the type of backflow prevention assembly required for each type of establishment or hazard. In the case of conflict between these references, the more stringent standard shall apply.
(d) Any backflow prevention assembly required by this division shall be of a model and size approved by the water utilities director.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(j); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.061 Fire hydrant protection
An approved double check valve backflow prevention assembly or reduced pressure zone backflow prevention assembly shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the city’s public water supply. A reduced pressure zone backflow prevention assembly must be installed if any contaminant other than the potable water can be introduced into the system.
(1) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this division. All fire hydrant water meter rentals shall meet the current requirements as provided for by the customer service section and water distribution section.
(2) Only fire hydrant water meters with approved backflow prevention assemblies are allowed to be used on fire hydrants in the city public water supply system. All fire hydrant meters shall be obtained from the city water utilities department.
(3) A deposit is required to ensure the return of all water meters and backflow prevention assemblies to the water distribution section. Failure to return the assemblies will result in forfeiture of the deposit and enforcement action may be taken against the responsible party, as allowed for in the penalty section of this division.
(4) Non-approved fire hydrant meters which are found to be in use in the city’s public water system will be confiscated and not returned. Enforcement action may be taken against the responsible party, as allowed for in the enforcement section of this division. (5) It shall be a violation of this division for anyone other than authorized employees of the city to open, tamper with, or use water from any fire hydrant without the express written permission of the city water utilities department.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(k); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.062 Installation requirements
Backflow prevention assemblies shall be installed in accordance with the following requirements, to ensure their proper operation and accessibility:
(1) Backflow prevention assemblies shall be installed in accordance with the city’s plumbing code and the manufacturer’s instructions. All backflow prevention assemblies installed in accordance with this division shall be tested upon installation by a recognized backflow prevention assembly tester. The test report shall be sent to the water utilities department within ten (10) days of the installation. The assembly installer shall obtain the required plumbing permits prior to installation as required by the city’s plumbing code.
(2) No part of a reduced pressure principle backflow prevention assembly shall be located in water or installed in a pit or other location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided.
(3) When a backflow prevention assembly is installed to serve an entire establishment, the assembly shall be installed at the service connection of the water supply, before any branch in the line, and on private property located just inside the boundary of the city’s right-of-way. The water utilities director may specify additional areas for installation of assemblies if needed.
(4) Backflow prevention assemblies shall be protected from freezing and other severe weather conditions.
(5) All vertical installations shall be approved in writing by the water utilities director prior to installation.
(6) Backflow prevention assemblies shall be readily accessible with adequate room for maintenance and testing. Assemblies two (2) inches and smaller shall have at least six-inch clearance on all sides of the assembly. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, twelve (12) inches below the assembly, and thirty-six (36) inches above the assembly. “Y” pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward.
(7) If an assembly is installed five (5) feet or higher above the ground or floor, it shall be equipped with a suitable platform for use by testing or maintenance personnel. This installation shall meet all applicable Occupational Safety and Health Administration (OSHA) regulations and occupational safety and health laws of the state.
(8) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(l); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.063 Annual inspections and maintenance (a) Regular inspections and testing of mechanical backflow prevention assemblies shall be conducted at least once per year by a recognized backflow prevention assembly tester on backflow prevention assemblies which are installed to provide protection against health hazards, as defined by TCEQ rules, AWWA standards, or as determined by the water utilities director. The water utilities director may also require more frequent testing in certain applications to protect against high health hazards. If, upon inspection of the backflow prevention assembly, it is deemed to not be operating properly, it is the responsibility of the establishment to immediately make all necessary repairs. It is the responsibility of the tester to report all assemblies found not to be operating correctly to the water utilities department. Test reports shall be submitted to the water utilities department within ten (10) working days of the test. Only tests conducted by recognized backflow prevention assembly testers and which are reported correctly on city report forms shall be in compliance with this division.
(b) The maintenance and repair of any backflow prevention assembly shall be the responsibility of the property owner of the premises, the lessee of the premises, or both. The backflow prevention assembly is to be installed and maintained in proper working order at all times, including repair as required. All maintenance and repair of assemblies or assemblies [sic] shall be in accordance with all applicable regulations of the TCEQ and with acceptable industry practice. In the event that the water to an establishment may not be turned off for testing of the backflow prevention assembly, the establishment shall be equipped with dual backflow prevention assemblies of the same type so that testing, repair, and maintenance may be performed.
(c) No backflow prevention assembly shall be removed from use, relocated, or other assembly substituted without the approval of the water utilities director. Whenever an existing backflow prevention assembly is moved from its present location or cannot be repaired, the assembly shall be replaced with a backflow prevention assembly in compliance with this division. The new assembly shall be installed and tested in compliance with this division.
(d) Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14) or the University of Southern California’s Manual of Cross- Connection Control. The water utilities director may require calibration reports or other documentation of compliance with this requirement.
(e) City personnel may perform inspections and request testing of backflow prevention assemblies while they are present to verify proper testing and to determine the proper operation of assemblies. The city shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(m); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.064 Emergency suspension of water utility service
(a) The water utilities director may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which:
(1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) Presents or may present imminent and/or substantial danger to the city’s public water supply.
(b) As soon as is practical after the suspension of service, the water utilities director shall notify the owner or person in charge of the premises of the suspension, in person or by certified mail, return receipt requested, and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits, the water utilities director should also notify the owner or person in charge prior to suspending water service.
(c) The water utilities director shall not reinstate suspended services until: (1) The person presents proof, satisfactory to the water utilities director, that the hazard has been eliminated and its cause determined and corrected;
(2) The person pays the city for all costs the city incurred in responding to the backflow or threatened backflow; and
(3) The person pays the city for all costs the city will incur in reinstating service.
(d) A person whose service has been suspended may appeal such enforcement action to the water utilities director, in writing, within ten (10) days of notice of the suspension.
(e) A person commits an offense if the person reinstates water service to the premises suspended pursuant to this section, without the prior written approval of the water utilities director.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(n); Ordinance 08-040, sec. 28, adopted 5/13/08)
Sec. 22.02.065 Non-emergency termination of water utility service
(a) The water utilities director may terminate the city-provided water supply of any user who violates the following conditions:
(1) Refusing the water utilities director reasonable access to the water user’s premises for the purpose of inspection;
(2) Hindering or denying the water utilities director access to backflow prevention assemblies;
(3) Failing to install, maintain, or test backflow prevention assemblies as required by the water utilities director and this division; or
(4) Failing to install, maintain, and operate their piping and plumbing systems in accordance with the city’s plumbing code.
(b) The water utilities director will notify a water user in writing of the proposed termination of its water supply by certified mail, return receipt requested. The water user may petition the water utilities director for a reconsideration of the decision.
(c) Exercise of this enforcement option by the water utilities director shall not be a bar to, nor a prerequisite for, taking any other action against the water user.
(d) The water utilities director shall not reinstate suspended services until:
(1) The person presents proof, satisfactory to the water utilities director, that the condition has been eliminated and its cause determined and corrected;
(2) The person pays the city for all costs the city incurred in responding to the backflow or threatened backflow; and
(3) The person pays the city for all costs the city will incur in reinstating service.
(e) A person commits an offense if the person reinstates water service to the premises terminated pursuant to this section, without the prior written approval of the water utilities director.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(o); Ordinance 08-040, sec. 28, adopted 5/13/08) Sec. 22.02.066 Penalties
(a) Criminal penalty. A person who violates a provision of this division shall be guilty of a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00), in accordance with section 54.001, Texas Local Government Code.
(b) Civil penalty. The city attorney is authorized to commence an action for appropriate equitable or injunctive relief in a court of competent jurisdiction, in accordance with section 54.012, Texas Local Government Code. Such relief may include:
(1) A civil penalty not to exceed one thousand dollars ($1,000.00) per violation per day;
(2) Recovery for expenses incurred by the city in responding to a violation of this division;
(3) Injunction to prevent a violation of this division; and
(4) All other damages, costs, and remedies to which the city may be entitled.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(p))
Secs. 22.02.067–22.02.100 Reserved
Division 3. Grease and Grit Traps
Sec. 22.02.101 Purpose
The purpose of this division is to:
(1) Prevent the introduction of wastewaters containing oil and grease and/or solids in amounts which may cause stoppages or obstruction of flow, or in any other way prevent or inhibit operation of the publicly owned treatment works (POTW), including the sanitary sewer collection system and the treatment plant.
(2) Protect the environment, and the health, safety, and welfare of the public and the POTW workers.
(3) Set forth uniform requirements for the maintenance of grease traps, grit traps, interceptors, and separators.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(a))
Sec. 22.02.102 Definitions
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius.
Bioremediation media. Bacterial cultures, enzymes, or other media which are designed to eliminate or reduce the need for the mechanical cleaning of grease traps.
City or the city. The City of Beaumont, or its authorized representative, which, for the purposes of implementation and enforcement of the grease and grit trap program, shall normally mean representatives of water utilities.
Commercial grease generator. All commercial food preparation and food service establishments that may discharge grease, including but not limited to bakeries, caterers, butcher shops, cafes, clubhouses, delicatessens, hospitals, hotels, restaurants, schools, institutions, or similar places where meat, poultry, seafood, dairy products, fried foods or other foods are prepared or served, but shall not apply to any residence not used for the commercial preparation and sale of food items or to an exempt establishment.
Commercial/industrial grit generator. All commercial or industrial generators of liquid waste containing petroleum-based oil and grease wastes, and inorganic solids, including but not limited to automotive or heavy machinery repair and/or washing facilities. Those facilities monitored under the city’s federally and state approved pretreatment program shall be exempted from the provisions of this division.
Director. The person in charge of water utilities for the city, or his/her authorized representative.
Exempt establishment. A commercial establishment that:
(1) Operates for a maximum duration of ten (10) days in connection with an annual event such as a fair, carnival, circus, public exhibition, or other public gathering;
(2) Sells or serves prepackaged or precooked foods that would require warning only or served without additional processing, no cooking;
(3) Serves only snow cones, drinks, or ice cream products;
(4) Bars and clubs serving drinks only and where no food is prepared;
(5) Produce markets without food grinders;
(6) Grocery or convenience stores without food preparation, meat cutting, or packaging, delicatessens, or bakeries;
(7) Day care centers that primarily serve microwave dishes, using single-service items.
Food. Any substance, whether solid or liquid, and whether of animal, vegetable, or fruit origin, intended to be used or commonly used as a food for human consumption.
Food establishment. Any place where food is manufactured, packaged, produced, processed, prepared, or served for commercial, public, or facility resident consumption. The term includes any such place regardless of whether there is a charge for the food. The term does not include private homes where food is prepared for individual family consumption.
Generator. A person who causes, creates, generates, stores, or otherwise produces liquid waste or owns property upon which liquid waste is caused, created, generated, stored, or produced, including but not limited to grease trap waste, grit trap waste, and food waste as a byproduct of a domestic or nondomestic activity other than merely as a result of mere residence at a nonbusiness location. “Generator” as used in this division includes both a commercial grease generator and a commercial/industrial grit generator.
Grease trap. A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect, and restrict the passage or organic, inorganic, greasy or fatty liquid, semi-liquid, and/or solid wastes into both public and private sanitary sewers to which the receptacle is directly or indirectly connected.
Grease trap waste. Any organic, inorganic, greasy or fatty liquid, semi-liquid, and/or solid wastes collected by and ultimately removed from a grease trap for proper disposal.
Grit trap. A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect, and restrict the passage of petroleum-based oil and grease wastes and inorganic or other solids into private and public sanitary sewers to which the receptacle is directly or indirectly connected.
Grit trap waste. Oil and grease wastes and inorganic solids generated by commercial, industrial, automotive or heavy machinery repair and/or washing facilities that are collected by and ultimately removed from a grit trap for disposal.
Manifest. The written multi-part documentation detailing the generator of the grease trap waste, who the transporter is, and the disposal facility for the waste.
POTW. Publicly owned treatment works as defined in 40 CFR section 403.3, including any amendments thereto; the municipal wastewater treatment system including the sanitary sewer system.
Sampling port or sample well. An approved device or manhole installed in the facility sewer specifically designed to facilitate sampling of the wastewater discharge.
Sanitary sewer. The system of pipes, conduit, manholes, and treatment facilities owned or operated by the city which collect, transport, and treat sanitary sewage, and to which storm, surface, and ground waters are not intentionally or normally admitted.
Separator truck. A truck equipped with a tank or other liquid-holding container designed to separate the grease portion from the waste removed from a grease trap and to return the other liquid portion to the trap.
Total suspended solids. The total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid, and which is removed by laboratory filtering.
Water quality manager. The person in charge of the city’s approved pretreatment program.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(b); Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.103 Prohibitions
(a) It shall be unlawful for a generator to introduce, or cause to be introduced, into a grease or grit trap or public sanitary sewer the following:
(1) A generator shall not allow any frying vats to discharge into a grease trap, grit trap, or sanitary sewer or allow waste oil or grease to discharge to any drain or grease trap, grit trap, separator, interceptor, or sanitary sewer. Such waste shall be placed in a container specifically designed to hold such waste and either utilized by industry or disposed of at a suitable location;
(2) A generator shall not discharge or cause to be discharged plastics, paper, nonbiodegradable oils or other nonbiodegradable materials;
(3) Any wastewaters with an oil and grease level in excess of 200 mg/l or ppm.
(b) It shall be unlawful for a generator to divert wastewater around a collection point into the sanitary sewer or to a storm drainage system.
(c) The use of separator trucks to pump grease traps and return the liquid portion to the grease trap is prohibited.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(c))
Sec. 22.02.104 Responsibilities of generator
(a) A generator shall provide grease traps or grit traps when, in the opinion of the water quality manager, they are necessary for the proper handling of wastewater. Appeals of the decision of the water quality manager shall be handled as provided for other appeals under section 22.02.106(c) hereof. (b) Grease and grit traps shall be constructed to prevent fats, oils, or greases from entering the sanitary sewer in concentrations greater than 200 mg/l and shall be located so that they are easily accessible for cleaning, maintenance, and inspection. The installation of grease traps or grit traps shall comply with the requirements of the city’s plumbing code.
(c) A generator shall properly install a sample port or sample well for ease in sampling the wastewater discharge from the grease or grit trap. Sample ports shall meet the following criteria:
(1) The sample port shall be installed and maintained at the generator’s expense;
(2) The sample port shall be installed as close as possible to the connection to the city sanitary sewer main within the bounds of the facility property;
(3) The port shall be installed according to the specifications obtained from city water utilities. It shall be installed perpendicular to the effluent flow to allow visual observation and sampling;
(4) The port shall be accessible for monitoring authorities;
(5) New facilities being constructed shall have the sample port installed before opening for business. Established generators must install a sample port within six (6) months of approval of this division;
(6) Exempt establishments may be required to install a sample port for inspection purposes.
(d) A generator of grease trap or grit trap waste shall have the trap serviced as frequently as necessary to prevent bypass or overflow, and to insure proper operation of the trap. Such generators, at a minimum, shall have the grease or grit trap cleaned once every three (3) months.
(e) If the city determines that quarterly cleaning of a grease or grit trap is not sufficient to prevent the discharge of oil and grease in quantities less than 200 mg/l, the city will require more frequent cleaning of the grease trap.
(f) A manifest shall be generated every time the grease or grit trap is pumped or cleaned. The generator shall sign a copy of the manifest as well as the driver. It shall be the responsibility of the generator to insure they receive a copy of the manifest from the hauler after the grease or grit trap has been cleaned and that they receive a final copy of the manifest after the waste has been disposed of at the final disposal site and the disposal facility has signed the manifest. A copy of the completed manifest shall be sent to city water utilities every time the facility’s grease or grit trap is serviced. The manifest must be submitted within twenty-one (21) days of the servicing of the trap.
(g) The generator shall keep copies of the completed grease or grit trap waste manifests for three (3) years.
(h) A generator shall have his trap serviced by a transporter having a valid registration with the state.
(i) Grease and grit traps shall be inspected for seepage into the surrounding media whenever the trap has been pumped. The generator shall repair, replace, or install apparatus and equipment as necessary to ensure the proper operation and function of the trap.
(j) A generator shall supervise the servicing of their grease or grit traps and shall ensure they are completely emptied by the transporter during such servicing. The transporter shall not return any material to the grease or grit trap once the trap has been cleaned.
(k) A generator shall clean up or cause to be cleaned up all spills of liquid or solid waste and shall have the waste properly disposed of by the transporter. (l) A generator that is located in a multi-user building may be required to separate sanitary sewer flows from adjacent sites and install a water submeter to measure individual water consumption or utilize some other method approved by the water quality manager or his designee.
(m) The cost of complying with all sections of this division shall be the responsibility of the property owner and their lessees. These costs include but are not limited to any maintenance, analysis, grease or grit trap cleaning, repair, replacement, or modification, and installation of sample wells or ports.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(d); Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.105 Bioremediation
(a) It shall be unlawful for any generator to introduce, cause, or permit the introduction of any bioremediation media into a grease trap except as authorized by the water quality manager.
(b) Bioremediation media may be used with the water quality manager’s approval if a generator proves to the water quality manager’s satisfaction that:
(1) The media will be a pure, live, bacterial product and will not contain any surfactants, emulsifiers, or substances which act as a solvent for fats, oils, or greases;
(2) The amount of oil and grease discharged to the sanitary sewer after the use of the media will not exceed the discharge limits for oil and grease of 200 mg/l;
(3) The pH of the discharge will not be less than 6.0 or greater than 11.0;
(4) The use of the media will not reduce the buoyancy of the grease layer in the grease trap and will not increase the potential of oil and grease to be discharged to the sanitary sewer;
(5) The media will not be destroyed by the use of domestic or commercial disinfectants and detergents or hot water;
(6) Any waste pumped from the grease or grit trap after use of the media must be acceptable at disposal sites for the waste;
(7) The use of the bioremediation media will not cause foaming in the sanitary sewer.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58; Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.106 Request for exemption
(a) If a generator believes that quarterly pumping of their grease or grit trap is not justified, that generator must request in writing an exemption to the requirement. To qualify for the exemption:
(1) The generator must have an independent laboratory sample and analyze a monthly grab wastewater discharge sample for oil and grease;
(2) The samples shall be collected from the sample port or well;
(3) When analyzed the oil and grease must be less than 200 mg/l.
(b) If a generator believes that they do not need a grease or grit trap and do not fall into any of the exempted categories they must submit to the water quality manager the following information to prove their exemption:
(1) The name, address, and telephone number of the business; (2) The name of the manager or other contact at the business;
(3) A description of the business;
(4) The type, size, and maintenance schedules of any wastewater pretreatment devices;
(5) The names of all haulers of any waste and recycled products who have hauled from the business in the previous year;
(6) A statement of whether employees are trained in waste disposal practices;
(7) A plan showing the locations of all water and sewer connections, fixtures, sample ports, backflow prevention devices, and any other treatment devices;
(8) A copy of all printed menus if it is an eating establishment;
(9) A description of any changes planned to the structure;
(10) Any planned significant changes to the user’s operation or system which might alter the nature, quality, or volume of its wastewater;
(11) A statement as to why the generator believes it qualifies for an exemption;
(12) Any other information as may be deemed necessary by the water quality manager to evaluate the wastewater discharge.
(c) The water quality manager shall make a decision in regard to all requests. Should the generator disagree with the decision of the water quality manager, the generator may appeal such decision in writing within five (5) days after the written decision of the water quality manager. The appeal shall be to the water utilities director and shall include any evidence the generator wishes to provide to prove that the required pumping of grease or grit traps is not necessary. The decision of the water utilities director shall be final.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(f); Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.107 Monitoring and surcharges for BOD/TSS concentrations
Generators shall, once a year, submit to the water utilities department an analytical report documenting the BOD and TSS concentration discharged to the sanitary sewer. Samples will not be taken within one week of having the grease or grit trap cleaned; exceptions shall be granted if the trap is being pumped out on a weekly basis. (Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58; Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.108 Right of entry, inspection and sampling
(a) It shall be unlawful for a generator to refuse to allow the water quality manager or their authorized representative to enter their premises during business hours to determine whether the generator is complying with all the requirements of this division. A generator shall allow the water quality manager or their authorized representative access to all parts of the premises for the purposes of inspection, sampling, records examination, copying, and the performance of all other duties.
(b) If the water quality manager or their authorized representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division, to protect the overall public health, safety, and welfare of the community, or to protect the wastewater collection system or POTW, then the water quality manager may seek issuance of a search warrant from any court of competent jurisdiction. (Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(h); Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.109 Penalties
(a) If the city determines that a generator is responsible for a blockage of a collection system line, the generator shall owe a civil penalty of five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000.00) for the second violation, and one thousand five hundred dollars ($1,500.00) for the third violation within a two-year period. Continuous violations shall result in an increase in penalty by five hundred dollars ($500.00) and may also result in termination of services. The determination shall be made by inspecting the grease or grit traps in the area, noting their condition, and taking wastewater discharge samples from the sample ports. Those facilities which have discharges with an oil and grease above 300 mg/l, or have not had their grease or grit traps pumped out quarterly (or the documentation to prove the pumping of the grease or grit trap was not necessary), shall be considered responsible for the blockage.
(b) Any person violating any of the provisions of this division shall be subject to a written warning for the first violation, a five hundred dollar ($500.00) civil penalty for the second violation, a one thousand dollar ($1,000.00) civil penalty for the third violation, and a one thousand five hundred dollar ($1,500.00) civil penalty for the fourth violation within a two-year period. Consistent violations will result in a five hundred dollar ($500.00) increase in civil penalty and may result in termination of services.
(c) The water quality manager may suspend water service and/or wastewater service to a generator to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or to the environment, or causes interference to the POTW and/or the sanitary sewer system. Service may also be suspended if the generator refuses to abide by this division or pay any penalty issued.
(d) If a generator is penalized, they may file a written appeal to the water utilities director. The appeal must include evidence proving that the generator did not violate this division and the appeal must be filed within five (5) city working days of the generator receiving the penalty. The decision of the water utilities director shall be final.
(Ordinance 01-042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58(i); Ordinance 08-040, sec. 29, adopted 5/13/08)
Sec. 22.02.110 Adjustment of standards
The technical standards set out in this division shall be automatically adjusted to conform to any amendment to state or federal law which changes such standards. The technical standards applicable to generators in the city shall always be the same as the standards for such generators established by state or federal law. (Ordinance 01- 042, sec. 1, adopted 6/12/01; 1978 Code, sec. 28-58)
Secs. 22.02.111–22.02.140 Reserved
Division 4. Water and Sewer Line Extensions
Sec. 22.02.141 Definitions
As used in this division, the following terms shall have the respective meanings ascribed to them:
Boundary sanitary sewer lift station. A sanitary sewer lift station built for serving a specific development, which can also serve property not included in the development but adjacent to it that may develop in the future.
Boundary sewer. A sewer installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street. Boundary water line. A water line, installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street.
Department. The water utilities department of the city.
Development. A subdivision, as defined in the city’s subdivision regulations.
Director. The director of the water utilities department or his appointed representative.
Engineer. A professional engineer licensed by the state.
Lot. Land occupied or intended for occupancy by a main building together with its accessory buildings, and the yard and parking spaces required, and having its principal frontage upon a street as defined herein.
Owner’s front footage. Owner’s front footage, for purposes of determining pro rata charges to be paid by the owner of a lot for sewer service or water service and for which there will be no reimbursement, shall be determined by the owner’s lot condition, as follows:
(1) Regular lot. A lot generally rectangular in shape. Front footage of a regular lot shall be measured along the property line facing the street.
(2) Irregular lot. Any lot of a nonrectangular shape, except the radial lot defined below. The front footage of an irregular lot shall be equal to one front foot for each one hundred twenty-five (125) square feet of lot area, but shall never exceed the maximum measured width of the lot at any depth of the lot, parallel to the street line.
(3) Radial lot. A lot abutting a curved street and in general having sides which are radial to the street. Front footage of a radial lot shall be measured as the chord distance at a point twenty-five (25) feet from the front property line.
(4) Corner lot. A lot situated on the corner of a block and having more than one side facing a street. Front footage shall be measured along the side of the lot to which service connection is made.
Pro rata. The charge per front foot of abutting land to be paid by the lot owner or owner of a development to aid in defraying the cost of supplying sewer service or water service (as the case may be) to their lot or site. The amount of the charge will be determined by the department.
(1) Single pro rata. The charge based on the front footage of abutting land on only one side of the street or easement.
(2) Double pro rata. The charge based on the front footage of abutting land on both sides of the street or easement.
Street. A public thoroughfare which has been dedicated or deeded to the public for public use, which has been officially approved by the governing body of the city, and which affords the principal means of access to property abutting it.
(1958 Code, sec. 40A-2; 1978 Code, sec. 28-80; Ordinance 08-040, sec. 31, adopted 5/13/08; Ordinance 09-065, sec. 1, adopted 11/17/09)
Sec. 22.02.142 Purpose and scope
The purpose of this article is to establish a policy for the city for extending sanitary sewer and water lines and for the sewer and water service connections to such extensions, and to establish rules governing such extensions and connections. The article also establishes rules governing the construction of sanitary sewer lift stations. It is not the intention of this article to obligate, and the city shall not be obligated to participate in or proceed with any construction covered by this article when funds are not available or when, in the discretion of the director of water utilities, the construction is not practical. It is not the intention of this article to limit the right of the city to extend sanitary sewer or water lines at its own cost and collect the charges herein set forth from the applicants for sewer or water service, and such right is herein reserved. The city shall own all sewer lines, water lines, and sanitary sewer lift stations, including service connections, constructed and accepted under the terms of this article. (1958 Code, sec. 40A-1; 1978 Code, sec. 28-81; Ordinance 08-040, sec. 32, adopted 5/13/08; Ordinance 09-065, sec. 2, adopted 11/17/09)
Sec. 22.02.143 General rules for extensions
Sanitary sewer lines or water lines will be extended in the city in accordance with the following rules:
(1) Individual lots. Sanitary sewers and water lines of proper size will be extended by the city in its easements and streets to serve individual lots, according to the following rules:
(A) For the first three hundred (300) feet of the extension (not including the width of street intersections and alleys), the lot owner requesting extension shall pay single pro rata for the distance of the extension. This pro rata is reimbursable as hereinafter provided, except for the pro rata paid on the owner’s front footage.
(B) For the remainder of the extension required to install the sewer or water line across the total width of the lot of the owner requesting extension, the lot owner shall pay double pro rata. This pro rata is reimbursable as hereinafter provided, except for the pro rata paid on the owner’s front footage.
(C) Should the lot owner requesting extension require a sewer or water line in excess of the size required by the city, the owner shall pay all additional costs for the oversize sewer or water line.
(D) In addition to the payments specified above, the lot owner or customer must pay the appropriate service connection charges before service connections can be made.
(E) No construction shall be scheduled nor begun by the city until all extension charges have been paid to the city.
(2) Developments. The owner of a development shall pay for and install all sewer and water lines and necessary appurtenances thereto within the boundaries of the development.
The city will extend sewers or water lines of proper capacity outside the boundaries of the development to service the development after the following applicable requirements have been satisfied:
(A) The owner of the development shall pay all costs for installation of sewer or water line extensions required to extend services to the boundary of the development.
(B) Should the extension involve the construction of a boundary sewer or boundary water line, the owner of the development shall pay double pro rata to the city based on the footage of the development property abutting the boundary sewer or boundary water line, as applicable.
(C) Should the city require water line extensions or interior water lines larger in size than required for the development so long as said water lines are between the sizes of six (6) inches and sixteen (16) inches, inclusive, the city shall pay one and one-half (1.5) times the difference in cost of materials for said water lines. Also, due allowance shall be made to the owner of the development for intersections and alleys crossed, outside the development. Should the city require sewer line extensions or interior sewers larger in size than required for the development, the city shall pay for that portion of material cost over and above such requirements. Also, due allowance shall be made to the owner of the development for intersections and alleys crossed, outside the development.
(D) No sewer or water line extension shall be scheduled until all charges specified herein have been paid by the owner of the development to the city.
(1958 Code, sec. 40A-3; Ordinance 75-46, sec. 1, adopted 7/15/75; 1978 Code, sec. 28-82; Ordinance 09-065, sec. 3, adopted 11/17/09)
Sec. 22.02.144 Charges for sewer and water service
When no extension of sanitary sewer or water lines (as the case may be) is necessary to serve an applicant for service, the applicant shall pay pro rata on the owner’s front footage in addition to the service connection charge before connection is made to the sewer or water line. However, if the sewer or water line is within a development, or if the connection is to be made to a sewer or water line existing on the date of passage of this division, only the service connection charge shall be paid. (1958 Code, sec. 40A-4; 1978 Code, sec. 28-83)
Sec. 22.02.145 Exemption
After October 22, 1968, the city shall not collect pro rata on the owner’s front footage from any applicant for water or sewer service to a lot upon which the main building or structure was completed and in existence on October 22, 1968, nor from any applicant for service to a lot upon which a main building or structure exists for five (5) years after October 22, 1968, without being provided a sewer and water line upon which connection could be made. Service connection charges shall, however, be paid by such applicants. (1958 Code, sec. 40A- 4.1; 1978 Code, sec. 28-84)
Sec. 22.02.146 Reimbursement
(a) Owners of lots or developments who participate under this policy in the cost of sewer or water line extensions to their lots or sites are eligible for certain reimbursement of such cost, as specified herein, from the city. Except as provided in subsection (b) below, such owners are eligible for reimbursement to be made from pro rata collected by the city from connections to the sewer extension or water line extension (as the case may be) during the period of five (5) years after completion of the extension, according to the following rules:
(1) No reimbursement shall be made to a lot owner for the owner’s front footage pro rata. No reimbursement shall be made to a development owner for the cost of sewers or water lines within the boundaries of the development.
(2) Upon written application of the owner, reimbursements shall be made once each year during the month of October to cover reimbursable charges collected during the preceding fiscal year.
(3) A lot owner will be reimbursed one-half the amount of pro rata collected from connections to that portion (the first three hundred (300) foot section provided for in section 22.02.143(1)(A)) up to the boundary of the owner’s lot.
(4) A lot owner will be reimbursed the amount of double pro rata collected from connections to extensions in excess of the three hundred (300) foot section provided for in section 22.02.143(1)(A), up to the boundary of the owner’s lot.
(5) A lot owner will be reimbursed the amount of single pro rata collected for connections from the owner’s opposite frontage.
(6) Owners of developments will be reimbursed the amount of pro rata collected from connections to off-site extensions (outside the development) and boundary sewers and boundary water lines for which they have made payment.
(7) An owner will never be paid more than one hundred (100) percent of the amount actually paid by such owner for extensions along frontage other than his own property.
(8) No reimbursements shall be made by the city to an owner after one year from the end of the five (5) year period of eligibility.
(b) In addition to the reimbursements provided for above, the owner of a lot used for an industrial or commercial establishment, who has paid additional costs for oversized water lines, as provided in section 22.02.143(1)(C), shall be eligible for additional reimbursement from water revenues from said water line extension, in the amount of forty (40) percent of the annual gross revenue, for a period of five (5) years from the date of completion of the extension, provided that the additional reimbursement shall never exceed eighty (80) percent of the total additional cost of the extension.
(1958 Code, sec. 40A-5; 1978 Code, sec. 28-85)
Sec. 22.02.147 Extensions outside of city
The city may, with specific approval of the city council, extend sewer or water service outside of the city, according to the following rules:
(1) The provisions of section 22.02.143, with the exception of the reimbursement provisions, shall apply to sewer and water line extensions outside the city limits.
(2) Any lot owner applying for service connections to sewers or water lines extended under the terms of this division shall pay single pro rata on the owner’s front footage.
(3) All applicants for sewer or water service shall pay double the service connection charge applicable within the city.
(4) There shall be no reimbursement for extensions outside the city.
(1958 Code, sec. 40A-6; 1978 Code, sec. 28-86)
Sec. 22.02.148 Construction requirements
(a) Before work begins under a contract for construction of sewers or water lines in a development, proof of the following must be submitted to the director by the owner of the development:
(1) All construction will be in accordance with department approved plans and specifications.
(2) The contractor has public liability insurance acceptable to the city in the amount of not less than two hundred fifty thousand dollars/five hundred thousand dollars ($250,000.00/$500,000.00) for bodily injury and twenty thousand dollars ($20,000.00) for property damage.
(b) When all of the requirements of this section have been met, the director will issue a letter to the owner of the development giving permission to begin construction.
(c) All sewer and water line installations shall be designed in accordance with criteria and specifications established by the department.
(d) All engineering services shall be provided by the city for extensions to individual lots with costs thereof included in the total cost of construction. (e) All engineering services required, including resident inspection, for construction of sewers or water lines within the boundaries of developments shall be furnished by the development’s engineer. Plans, specifications and contract documents shall be approved by the department prior to construction.
(f) Responsibility for resident inspection of construction shall be included in and be a part of the engineering services set forth above. During actual construction, the engineer, or his representative, shall be on the site at all times. The engineer shall have the right to halt construction when there is an indication that the plans and specifications are not being or have not been followed until such deviations are corrected to his satisfaction. The engineer shall, upon satisfactory completion of the project, issue to the director a letter certifying the construction meets the requirements of all the plans and specifications and was completed to the satisfaction of the engineer.
(g) In addition to the resident inspection specified above, and where resident inspection is not a responsibility of the department, department inspectors shall visit the site periodically and, upon project completion, shall recommend to the director that final approval be given.
(h) The owner of a development desiring sewer or water line extension to its boundary shall submit a written request to the director listing the lots and blocks of the property abutting the extension. Two (2) approved plats of the area to be served shall be included with the request and become the property of the city. If the area for which service is requested is part of a larger area owned or controlled by the owner of the development and which can reasonably be expected to require future extensions, then two (2) preliminary plats of the larger area shall also be submitted showing a tentative design of overall layout for the entire area.
(1958 Code, sec. 40A-7; 1978 Code, sec. 28-87; Ordinance 08-040, sec. 33, adopted 5/13/08)
Sec. 22.02.149 Sanitary sewer lift stations
(a) If a boundary sanitary sewer lift station is required to provide sanitary sewer service to the development, the developer should be responsible for the design and construction costs of such sanitary sewer lift station and all related appurtenances.
(b) The city may require the developer to increase the structure, motor, and pump sizes of the sanitary sewer lift station to accommodate future developments in the area. If funds are available, the city will participate in the construction cost for acreage outside the limits of the proposed development. The city’s participation value shall be determined by the number of acres outside the limits of the proposed development multiplied by the sanitary sewer lift station construction cost per acre at the time of installation. The city will not participate in any cost if the structure is sized for the proposed subdivision and additional wastewater flow to the sanitary sewer lift station will only require pump and motor changes and/or modifications.
(c) The owners of future adjacent developments that have to discharge wastewater to an existing boundary sanitary sewer lift station, must reimburse the city or the developer of the sanitary sewer lift station. The pro-rata reimbursement will be determined based on the total acreage the sanitary sewer lift station was required to accommodate and the sanitary sewer lift station construction cost per acre. The reimbursement value shall be determined by number of acres added to the sanitary sewer lift station multiplied by the construction cost per acre at the time of installation. The owners of the new developments will also be responsible for any and all required changes and/or modifications to the existing pumps and motors.
(d) The construction cost of a sanitary sewer lift station shall be obtained through a bidding process abiding by state procurement laws to guarantee compatible pricing to the city and the developers. The date when the sanitary sewer lift station was built will not affect the content of this section.
(Ordinance 09-065, sec. 4, adopted 11/17/09)
ARTICLE 22.03 INDUSTRIAL WASTES STANDARDS* Sec. 22.03.001 Definitions
As used in this article, the following terms shall have the respective meanings ascribed to them:
Act of God or unpreventable event. The affirmative defense that, if a person can establish that an event that would otherwise be a violation of this article or a permit issued under this article was caused solely by an act of God, war, strike, riot, or other catastrophe, and was unpreventable, then the event is not a violation of this article or the permit.
Act or the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended.
Administrative orders. Enforcement documents which direct an industrial user to undertake or cease specific activities. The orders may take the form of cease and desist orders, consent orders, show cause orders, or compliance orders.
Administrator. The Region 6 Administrator of the Environmental Protection Agency or his duly authorized representative.
Approval authority. The executive director of the state commission on environmental quality (TCEQ). The TCEQ received the authorization to implement the NPDES program in Texas.
Authorized representative of industrial user. An authorized representative of an industrial user may be:
(1) An owner;
(2) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(3) Any partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
(4) A duly authorized representative of the individual above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, as specified in 40 CFR section 136, expressed in milligrams per liter.
Building drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall.
Building sewer. The extension from the building drain to the public sewer or other place of disposal.
Chemical oxygen demand (COD). The measure of the oxygen-consuming capacity of inorganic and organic matter present in water, sewage, industrial waste, or other liquid under standard laboratory procedures as specified in 40 CFR section 136, expressed as milligrams per liter.
Composite sample. A compound sample created by combining samples taken at different times.
Control authority. The City of Beaumont.
Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the state.
Director. The water utilities director of the city, or his authorized deputy, agent or representative. Domestic wastewater. Waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free from stormwater, surface water, and industrial waste. Normal domestic wastewater shall mean “normal” sewage for the city, in which the following average concentrations are established:
(1) BOD = 250 milligrams per liter of wastewater.
(2) COD = 550 milligrams per liter of wastewater.
(3) TSS = 300 milligrams per liter of wastewater.
(4) O and G = 200 milligrams per liter of wastewater.
Grab sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes as required in appendix E of 40 CFR section 403.
Hazardous waste. Any liquid, semi-liquid or solid waste (or combination of wastes) which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may:
(1) Have any of the following characteristics: toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness;
(2) Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act, chapter 361 Health and Safety Code, or the Administrator, U.S. Environmental Protection Agency (EPA), pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and as may be amended in the future.
Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or other duly authorized official of said agency.
Extraterritorial jurisdiction. An area outside the corporate limits of a municipality as defined in Local Government Code, section 42.021.
Garbage. Solid waste from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. Properly shredded garbage has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Indirect discharge or discharge. The introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the Act.
Industrial user. Any person, business or governmental agency that discharges nondomestic waste to the city wastewater treatment system.
Industrial waste. All gases, solids or liquids resulting from any industrial, manufacturing, food processing, oil and/or gas well and/or gas field site operations or processes, or from the development of any natural resource, or any mixture of these with water or domestic wastewater. Industrial wastewater discharge permit. A permit required of all significant industrial users to deposit or discharge industrial wastewater to the city’s wastewater treatment system. This permit does not grant a waiver to allow discharge of any waste prohibited by this article or allow discharge of any waste that exceeds the limits or is in violation of the requirements of this article.
Interference. The inhibition or disruption of the wastewater treatment system which contributes to a violation of any requirement of the city’s TPDES permit. This term includes prevention of sewage sludge use or disposal by the wastewater treatment plant in accordance with section 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria applicable to the method of disposal or use employed by the wastewater treatment plant.
Maximum discharge limit. The flow limitations as prescribed to collection system capacity and allowable head loading at the POTW.
May. “May” is a permissive or discretionary statement.
Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, wastewater product, or finished product.
Nonhazardous waste hauler permit. A permit required of all persons engaged in draining, flushing, or cleaning out any tanks containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any type of domestic or nondomestic waste within the city. This permit shall also be required of all persons transporting such wastes into the city for final disposal.
National categorical pretreatment standard or pretreatment standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to a specific category of industrial users.
Natural outlet. Any outlet to a watercourse, pond, ditch, lake or other body of surface water or groundwater.
National Pollutant Discharge Elimination System or NPDES permit. A permit issued by the EPA pursuant to section 402 of the Act.
New source. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source and such standards are thereafter promulgated in accordance with that section, provided that the source meets the requirements listed in 40 CFR section 403.3(k), including any amendments thereto.
Oil and grease (O and G). The total quantity of material recovered under standard laboratory procedures as specified in 40 CFR section 136, expressed as milligrams per liter.
Pass-through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW’s TPDES permit, including an increase in the magnitude or duration of a violation.
Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. Pollutant. Any substance discharged into a POTW or its collection system which is prohibited or limited by section 22.03.002 of this article. This term includes dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes.
Pollution. The man-made or man-induced alteration of the chemical, physical, biological and/or radiological integrity of water.
POTW. Publicly owned treatment works as defined in 40 CFR section 403.3, including any amendments thereto; the municipal wastewater treatment system.
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging to the wastewater treatment system.
Pretreatment requirement. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Pretreatment standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits.
Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
Sanitary sewer. A sewer which carries wastewater to which storm, surface, and ground waters are not intentionally admitted.
Significant industrial user. Any industrial user who:
(1) Has a discharge flow of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater) of an average of twenty-five thousand (25,000) gallons or more per average work day;
(2) Has a flow greater than ten (10) percent of the average daily flow in the city’s wastewater treatment system;
(3) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;
(4) Is subject to requirements under the national categorical pretreatment standards under 40 CFR section 403.6 and 40 CFR chapter I, subchapter N, including any amendments thereto;
(5) Has a reasonable potential in the opinion of the director to adversely affect the POTW’s operation, or for violation, [of] any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6) including any amendments thereto).
Significant noncompliance. Instances of SNC are industrial user violations which meet one or more of the following criteria:
(1) Violations of wastewater discharge limits.
(A) Chronic violations. Sixty-six (66) percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance). (B) Technical review criteria (TRC) violations. Thirty-three (33) percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period.
(C) The TRC applies to those measurements found to be 1.4 times the limit for BOD, TSS, fats, oil, and grease, and 1.2 times the limit for all other pollutants except pH.
(D) Any other violation(s) of an effluent limit (average or daily maximum) that the city believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through, or endangered the health of the sewage treatment personnel or the public.
(E) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge.
(2) Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the scheduled date.
(3) Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within thirty (30) days from the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the city considers to be significant.
Shall. “Shall” is a mandatory statement.
Slug. Any discharge at a flow rate or concentration which could cause a violation of the discharge standards of this article or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
Standard Methods. The examination and analytical procedures set forth in the latest EPA approved edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater.
Storm sewer. A sewer which carries storm and surface waters and drainage, but excludes wastewater and polluted industrial waste.
Texas Commission on Environmental Quality, state commission on environmental quality, or TCEQ. The TCEQ, the administrator, or other duly authorized official of said agency.
Texas Pollutant Discharge Elimination System or TPDES permit. A permit issued by the state commission on environmental quality under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general areawide basis.
Total suspended solids (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering, as specified in Standard Methods, expressed in milligrams per liter. Trap. A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable waste or other harmful substances from wastewater.
Unpolluted water or waste. Any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor in receiving water; toxic poisonous substances in suspension, colloidal state or solution; and noxious and odorous gases. It shall contain not more than ten (10) milligrams per liter each of suspended solids and BOD. The color shall not exceed fifty (50) parts per million as measured by the platinum-cobalt method as listed in Standard Methods.
Wastewater. The liquid and water-carried industrial or domestic waste from dwellings, commercial buildings, industrial facilities, and institutions together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the wastewater treatment system.
Wastewater treatment system. All facilities for collecting, pumping, treating, and disposing of wastewater.
Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
(Ordinance 90-57, sec. 1, adopted 9/25/90; Ordinance 03-018, sec. 1, adopted 3/18/03; 1978 Code, sec. 28-100; Ordinance 08-040, sec. 35, adopted 5/13/08; Ordinance adopting Code)
Sec. 22.03.002 Use of public sewers
(a) General discharge prohibitions. No user may introduce into the POTW any pollutant(s) which cause pass- through or interference. No user shall contribute, directly or indirectly, any of the following described materials, waters, or wastes. These prohibitions apply to all dischargers into the wastewater treatment system, whether or not the user is subject to any national categorical pretreatment standard, any permit requirements as a significant user, or any other national, state or local standards or requirements:
(1) Any discharges with a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge to the system, be more than five percent (5%) nor any single reading over ten (10) percent of the lower explosive limit of the meter. Prohibited materials include gasoline, benzene, naphtha, fuel oil or any other flammable or explosive liquid, solid or gas.
(2) Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient either alone or by interaction with other substances to cause fire or explosion.
(3) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or other solid or viscous substances which cause obstruction to the flow in sewers or other interference with the proper operation of the wastewater treatment system.
(4) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees centigrade), or which will cause the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit (5.5 degrees centigrade) per hour, or a combined total increase of plant influent temperature to one hundred four (104) degrees Fahrenheit (40 degrees centigrade).
(5) Any wastewater having a pH less than six (6.00) or higher than eleven (11.00) or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater treatment system.
(6) Any garbage that has not been properly shredded.
(7) Any waste or water containing suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such material at the wastewater treatment plant or in the collection system.
(8) Any discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing a potential health and safety hazard to either the public or wastewater treatment personnel or any noxious or malodorous gas or substance capable of creating a public nuisance.
(9) Any water or waste containing a toxic or poisonous pollutant in sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or cause the city to violate its TPDES permit for receiving water quality standards. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Act.
(10) Any wastewater with objectionable color not removed in the treatment process.
(11) Any wastewater exceeding the local limits set by the control authority and approved by the administrator. The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following:
(A) Any heavy metals, in solution or suspension, in concentration exceeding the following local limit (in milligrams per liter):
Arsenic 4.0
Cadmium 0.3
Chromium (total) 21.0
Copper 1.0
Lead 1.8
Mercury 0.005
Nickel 4.0
Selenium 1.4
Silver 3.0
Zinc 8.0
(B) Any phenols greater than ten (10.0) milligrams per liter. (C) Any cyanide greater than one and four-tenths (1.40) milligrams per liter as CN.
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The director may impose mass limitations in addition to, or in place of, the concentration- based limitations above. The limits will apply to end of pipe of wastewater stream and/or process waste stream as determined by state and federal regulations. The city reserves the right to establish, by ordinance or in industrial wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
(12) Any chloride concentrations great enough to raise the chloride content of the POTW effluent above 400 mg/l.
(13) Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released as a slug flow which will cause interference to the wastewater treatment plant.
(14) Any wastewater containing any radioactive waste or isotopes of such concentration as may exceed applicable state or federal regulations.
(15) Any substance which may cause the wastewater treatment plant’s effluent or any other product of the wastewater treatment system such as residues, sludges, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. Industrial user facilities utilizing or otherwise handling chemical substances in such a manner that may generate either characteristic or listed hazardous waste shall be required by the director to perform hazardous waste determinations on their process waste and/or wastewater.
(16) Any fat, oil, or grease in excess of two hundred (200) milligrams per liter.
(17) Any petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that will cause interference or pass-through.
(18) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
(b) Dilution. No user shall increase the use of potable or process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the local limits or the applicable pretreatment standards. The city may impose mass limitations on users that are using dilution to meet the pretreatment standards or requirements of this article, or in other cases where the imposition of mass limitations is deemed appropriate by the city.
(c) Discharge of manufacturing, industrial, etc., wastewater.
(1) When the director determines that a user is contributing to the wastewater treatment system any of the above enumerated substances in such amounts as to interfere with the operation of the system, the user shall be advised of the impact on the system and effluent limitations for such user will be developed to correct the interference, or the waste will be prohibited from entering the system.
(2) Where acids or chemicals damaging to sewer lines or treatment processes are released to the system, causing rapid structural deterioration and/or interfering with proper treatment of wastewater, and/or presenting imminent danger to wastewater treatment personnel, the director is authorized to immediately terminate service until such time as the user’s discharge is in compliance with this article.
(d) Discharge of stormwater, etc., to sanitary sewer prohibited. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial process water to any sanitary sewer without prior written approval of the director. (e) Designation of sewers for stormwater, etc. In compliance with applicable state and federal statutes, the director may designate storm sewers and other watercourses into which unpolluted drainage described in subsection (d) of this section may be discharged.
(f) Compliance with existing authority.
(1) Unless exception is granted by the director, the public sewer system shall be used by all persons discharging:
(A) Wastewater;
(B) Liquid industrial wastes; or
(C) Polluted liquids.
(2) Unless authorized by the state commission on environmental quality and/or EPA, no person may deposit or discharge any waste included in subsection (1) of this subsection on public or private property in or adjacent to any:
(A) Natural outlet;
(B) Watercourse;
(C) Storm sewer; or
(D) Other area within the jurisdiction of the city.
(3) The director shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of the laws, regulations, ordinances, rules and orders of federal, state, and local government.
(g) General permits. All significant industrial users shall obtain an industrial wastewater discharge permit. All existing significant users connected or contributing to the wastewater treatment system shall obtain an industrial wastewater discharge permit within 30 days after the effective date of this article.
(h) Nonhazardous waste hauler permits. No person shall drain, flush or clean out any tanks or basins containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any other type of domestic or nondomestic liquid wastes and dispose of such wastes into the city’s sanitary sewer system unless such person is issued a permit by the city. Any disposal site within the city, and method of disposal, must be approved by the director. Copies of trip tickets shall be maintained and made available for inspection at any reasonable time.
(i) Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than the limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The director will attempt to notify all affected users of the applicable reporting requirements under 40 CFR section 403.12; however, it will be incumbent on all users to keep themselves apprised of current local, state, and federal laws.
(j) Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this article. Flow restrictions may apply where an industrial user’s flow exceeds twenty (20) percent of the POTW’s average daily flow.
(k) Accidental discharges. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. The following requirements also apply: (1) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. When required by the director, detailed plans showing facilities and operating procedures to provide this protection shall be submitted for review and shall be approved before construction of the facility. All existing users shall submit the above information when required by the director, within ninety (90) days of written notice.
(2) In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the wastewater treatment plant superintendent of the incident. The notification shall include location of discharge, type of waste, concentration, volume, and corrective actions.
(3) Within five (5) days following an accidental discharge, the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater treatment system, fish kills, or other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
(4) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(5) Failure to notify the director of an accidental discharge may result in legal action or discontinuation of utility service.
(l) Pretreatment. Where necessary to comply with the provisions of this article, the user shall provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within acceptable limits, or to control the quantities and rates of discharge of such waters or waste. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director and the chief plumbing inspector, and no construction of such facilities shall be commenced until said approvals are obtained in writing. The following requirements also apply:
(1) Grease, oil, and sand traps shall be provided for the proper handling of liquid wastes containing grease or flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for premises used exclusively as private living quarters or dwelling units.
(2) Grease and oil traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be located as to be readily and easily accessible for cleaning and inspection.
(3) Where preliminary treatment facilities are provided for any waters or waste, they shall be maintained continuously in satisfactory and effective operation by the user at his expense.
(m) Inspection manhole. When required by the director, an industrial user shall install a suitable inspection manhole in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director and the chief plumbing inspector. The manhole shall be installed and maintained by the user at his expense.
(n) Inspection, sampling, and analysis. The city shall inspect the facilities of any user to ascertain whether the requirements of this article are being met. All users designated as significant industrial users shall be inspected and sampled a minimum of once per year. This shall not prohibit the city from more frequent sample collection or inspections. Persons or occupants of the industrial user facility where wastewater is created or discharged shall allow the director and/or his representatives (the state (TCEQ) and EPA, along with other city personnel) ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling for routine or independent samples, records examination, or in the performance of any of their duties. The city shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the city will be permitted to enter without delay, for the purpose of performing their specific responsibilities. All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the Act and contained in 40 CFR, part 136 and amendments thereto. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR, part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures approved by the administrator. All users who are required by this article to develop data for submittal to the city shall comply with this subsection.
(o) Existing pretreatment. Detailed plans showing any pretreatment facilities and operating procedures required to meet pretreatment standards or permit requirements shall be submitted to the city for review, and shall be acceptable to the city before construction of the facilities. The review of such plans and procedures will in no way relieve the user from the responsibility of modifying the facility, as necessary, to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
(p) Noncompliance. The city shall annually publish in the Beaumont Enterprise newspaper a list of the users which were in significant noncompliance, as defined by the EPA, of any pretreatment standards, permit requirements, or other provisions of this article. The notification shall also summarize any enforcement action taken against the users during the same twelve (12) months.
(q) Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information entitled to protection as trade secrets of the user. When requested by the user, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the TPDES permit, the state disposal system permit and/or pretreatment program and other judicial reviews or enforcement proceedings by state or federal agencies. Any information requested to be held confidential shall be stamped “confidential business information” on each page containing such information. Confidential information will be treated in accordance with the city’s written confidential statement procedure. Wastewater constituents and characteristics will not be recognized as confidential information.
(r) State requirements. Requirements and limitations on discharges, issued by the state, shall apply in any case where they are more stringent than requirements and limitations in this article.
(s) City’s right of revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary to meet or comply with new federal or state regulations.
(Ordinance 90-57, sec. 1, adopted 9/25/90; Ordinance 03-018, sec. 1, adopted 3/18/03; Ordinance 03-044, sec. 1, adopted 6/17/03; 1978 Code, sec. 28-101)
Sec. 22.03.003 Permits
(a) Industrial wastewater discharge permit application. Users required to obtain an industrial wastewater discharge permit (significant users) shall complete and file with the city an application in the form prescribed by the city. Existing significant users shall apply for an industrial wastewater discharge permit within thirty (30) days after the effective date of this article, and proposed new significant users shall apply at least ninety (90) days prior to connecting to or contributing to the wastewater treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, mailing address, and location (if different from the mailing address);
(2) SIC number according to the most recent edition of Standard Industrial Classification Manual, Office of Management and Budget;
(3) Wastewater constituents and characteristics, including, but not limited to, those mentioned in section 22.03.002 of this article, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(h) of the Act and contained in 40 CFR, part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and existing or proposed monitoring facilities and appurtenances by the size, location, and elevation;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(8) The nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(9) If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(A) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (i.e., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major comments, commencing construction, etc.);
(B) No increment referred to in subsection (9) shall exceed nine (9) months;
(C) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the director;
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day); (12) Number and type of employees, hours of operation of plant and proposed or actual hours of operation of the pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the director may issue an industrial waste permit subject to terms and conditions provided herein.
(b) Permit modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a standard, has not previously submitted an application for an industrial wastewater discharge permit as required by subsection (a), the user shall submit an industrial waste permit application to the city within three (3) months of the promulgation of the national categorical pretreatment standard.
(c) Extraterritorial jurisdiction industrial users. Any user located beyond the city limits required to obtain an indirect discharge permit shall submit a permit application within ninety (90) days prior to discharging to the POTW as outlined in subsection (a) of this section, and be subject to all requirements of this article.
(1) If the industrial user is within a jurisdiction where the city does not have the legal authority to enforce this article as written, a multi-jurisdictional agreement shall be filed with the municipality or county in which the industrial user is located.
(2) Any industrial user that is outside of the city limits shall request its municipality jurisdiction to enter into a multi-jurisdiction agreement with the city.
(d) Temporary indirect discharge permits. The city may issue indirect discharge permits to address temporary nondomestic discharges to the POTW. Each temporary discharge must receive prior written approval from the city. Wastewater sources that are subject to temporary permitting include, but are not limited to, stormwater, groundwater, cooling water, process water, cleanup water from spills, leaking underground storage tanks, and monitoring wells. Each temporary discharge permit must be reviewed and reissued if the user wishes to discharge past the original expiration date. Users issued temporary indirect discharge permits shall pay all applicable charges and fees and meet such other conditions as required by the city.
(e) Permit conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits shall contain the following provisions to insure compliance with permit conditions:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities, and for offering the city access thereto;
(5) Specifications for self-monitoring requirements shall include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules; (7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;
(9) Requirements for notification of the director of any new introduction of wastewater constituents, any substantial change in volume or character of the wastewater constituents being introduced into the wastewater treatment system and any plans for the installation of new processes;
(10) Requirements for notification of potential problems, including slug loading and accidental discharges;
(11) Requirements for hazardous waste determinations on waste and wastewater generated at the permitted facility;
(12) Other parameters or conditions as deemed appropriate by the director to ensure compliance with this article;
(13) The permittee may be required to conduct effluent monitoring at an increased frequency when effluent parameters are violated during the permit period.
(f) Denial. The city reserves the right to deny or condition new or increased contributions of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its TPDES permit.
(g) Permit duration. Permits shall be issued for a specific time period, not to exceed three (3) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may change as limitations or requirements as identified in section 22.03.002 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(h) Permit transfer. Industrial wastewater discharge permits are issued to a specific user for a specific operation. A permit shall not be reassigned, transferred or sold to new owner, new user, different premises, or a new or changed operation without the approval of the city.
(i) Reporting requirements for permittee. The following shall apply to reporting requirements under this section:
(1) Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater to the wastewater treatment system, any user subject to categorical pretreatment standards and requirements shall submit to the director a report indicating the nature, concentration, and flow of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards. The average and maximum daily flow for these process units in the user’s facility which are limited by such pretreatment standards shall be included in the report. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional O and M and/or pretreatment is necessary to bring the user into compliance. This statement shall be signed by an authorized representative of the user, and certified by a professional engineer.
(2) Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the director a report for continued compliance no less than twice a year as determined by the pretreatment year, unless required more frequently in the pretreatment standard or by the director or the approval authority, indicating the nature, concentration, and flow of the pollutants in the effluent which are limited.
(3) All significant industrial users, whether or not subject to categorical pretreatment standards, shall submit once every six months on dates specified by the director and/or [sic] periodic discharge monitoring reports as required in the user’s permit, indicating the nature, concentration, and flow of pollutants in the effluent which are limited by pretreatment standards or permit requirements.
(4) Where an industrial user’s or the city’s sampling data indicates a violation of effluent parameters, other than surchargeable parameters, the industrial user must repeat sampling and analysis for the parameter(s) violated and submit the analytical results to the director within thirty (30) days.
(5) The city will, on occasion, do monitoring in lieu of the user; however, the user shall compensate the city for cost of the monitoring, including sampling, analysis, labor, and reporting.
(6) These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques specified in 40 CFR section 136 and amendments thereto.
(7) The director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or permit requirements or in other cases where the imposition of mass limitations is appropriate. In such cases the user’s discharge monitoring reports shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard, or as deemed necessary by the city.
(8) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(9) Monitoring reports to demonstrate continued compliance. Periodic reports required shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards.
(10) The frequency of monitoring will be established according to requirements for assessing and ensuring compliance with applicable pretreatment standards and requirements. The monitoring will be conducted during the period covered by the report, which data is representative of conditions occurring during the reporting periods.
(11) Records shall include for all samples:
(A) Chain of custody with the date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (B) Dates analyses were performed;
(C) Who performed the analyses;
(D) The analytical techniques/methods used;
(E) The results of such analyses; and
(F) The quality control and assurance performed to validate the analyses.
(12) Noncompliance reporting. An industrial user shall give twenty-four (24) hours’ notice of becoming aware of a noncompliance with pretreatment standards and/or requirements. A written report shall be submitted with explanation of the reason for the noncompliance within five (5) days after becoming aware of the noncompliance. The industrial user shall conduct repeat analysis, within thirty (30) days of the first noncompliance, to show continued compliance.
(13) Report-keeping requirements. Any industrial user subject to the reporting requirements established in this article shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this article) and shall make such records available for inspection and copying by the director and the administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the director or the administrator.
(j) Monitoring facilities. All significant industrial users shall provide a suitable inspection manhole to allow inspection, sampling, and flow measurement, as required by section 22.03.002(m).
(k) Nonhazardous waste transporter permits. The following provisions shall apply to all persons required to obtain a nonhazardous waste hauler permit for the purpose of transporting nonhazardous waste as required by section 22.03.002(h) of this article:
(1) Persons requesting a nonhazardous waste hauler permit shall make application on a form provided by the city and provide such information as the city may reasonably request and shall have obtained a state commission on environmental quality sludge transporter registration number.
(2) All applicants shall submit for inspection by the city each vehicle the applicant proposes to use to transport liquid waste. Each vehicle shall be constructed, equipped and identified in accordance with the following provisions:
(A) Business name in three-inch-high or larger letters shall be permanently displayed on both sides of the vehicle;
(B) Vehicle shall be equipped for safe operation;
(C) Vacuum tanks and associated piping shall be liquid tight and permanently attached to the vehicle;
(D) Piping, valves, and connections shall be accessible and easy to clean;
(E) Inlet and outlet of tank to be constructed so that collected waste will not spill during filling or transfer, or during transport.
(3) A permit shall be issued by the city upon proof by the applicant that he has adequate and proper equipment to perform the services contemplated, and has sufficient knowledge of chemical hazards and septic tank or other sewage disposal system construction to perform the services contemplated in a safe and competent manner. (4) The legal company name and number of the permit granted hereunder shall be plainly painted on each side of each motor vehicle used in the conduct of the business permitted hereunder.
(5) Upon payment of the fee, the city shall issue a permit to haul nonhazardous wastes. A nonhazardous waste permit shall be issued for a one-year period and shall be nontransferable.
(6) The following conditions shall apply to all nonhazardous waste hauler permits:
(A) A permit to transport nonhazardous waste issued by the city prohibits the hauling of hazardous waste and the co-mingling of hazardous waste with nonhazardous waste.
(B) The city shall be notified of management changes during the permit period, and provided with the new manager’s name.
(C) The flushing of solids from a grease or sand trap into the sanitary sewer system is strictly prohibited.
(7) The director may reject the disposal of any waste exhibiting chemical characteristics or concentrations that exceed the limitations set forth in sections 22.03.001 and 22.03.002.
(8) The director may suspend or revoke the permit of a vehicle which is being operated in violation of this section, and he may authorize the holding of the vehicle until the violation is corrected.
(9) Copies of trip tickets, as required by federal, state, or local regulation, shall be maintained for a minimum period of five (5) years and shall be made available for inspection by the director at any reasonable time. All wastes disposed within the city shall be noted on trip tickets prescribed by the city and shall contain the following:
(A) Name and permit number of hauler;
(B) Name of driver;
(C) Date(s) of waste pickup;
(D) Name, address, and phone number of generator(s);
(E) Description of wastes (chemical name, commercial name, etc.), and total gallons of wastes to be discharged;
(F) Hauler’s state commission on environmental quality registration number.
(10) The director may revoke a permit if it is determined that a permittee:
(A) Has violated a provision of this article;
(B) Has failed to pay a required fee;
(C) Has failed to comply with maintenance or inspection requirements;
(D) Has violated applicable federal or state regulations pertaining to the collection, transportation or disposal of wastes;
(E) Has falsified information on the hauler’s permit application.
(11) A permittee whose permit is suspended or revoked shall not dispose of any waste materials within the jurisdiction of the city. (Ordinance 90-57, sec. 1, adopted 9/25/80; Ordinance 03-018, sec. 1, adopted 3/18/03; 1978 Code, sec. 28-102)
Sec. 22.03.004 Enforcement
(a) Harmful contributions. The director may suspend the water service, wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the director, in order to:
(1) Stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or to the environment, causes interference to the POTW or causes the city to violate any condition of its TPDES permit;
(2) Prevent the discharge of prohibited substances to the POTW (or the environment);
(3) Prevent the continual violation of a wastewater discharge permit.
Any person notified of a suspension of the water service, wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection. The director may reinstate the wastewater discharge permit and/or the wastewater treatment service, or water service, upon proof (i) of the elimination of the noncomplying discharge or provision of adequate pretreatment facilities to comply with the discharge permit, (ii) payment of costs incurred by the city, and (iii) submission of information as deemed necessary by the director for permit modification. A detailed written statement by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.
(b) Revocation of permit. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this section:
(1) Failure of the user to factually report the wastewater constituents and characteristics of his discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.
(c) Notification of violation. Whenever the city finds that any user has violated this article, an industrial wastewater discharge permit, or any prohibition, limitation or requirement contained therein, the city may serve upon such person a written notice stating the nature of the violation. Within five (5) days of the date of the notice, the user shall submit to the city satisfactory evidence of correction of the violation.
(d) Administrative order. If the industrial user fails to correct a violation within fifteen (15) days of receiving a notification of violation, the city shall issue an administrative order for the correction of this violation. The user is not relieved of responsibility for unauthorized discharges which occur within the 15-day interval.
(e) Show cause hearing. The city may order any user who causes or allows an unauthorized discharge to enter the waste treatment system to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the date, time and place of a hearing to be held by the city council regarding why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation. (1) The city council may conduct the hearing and take the evidence, or may designate a representative or committee to:
(A) Issue, in the name of the city council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(B) Take the evidence.
(C) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the city council.
(2) At any hearing held pursuant to this article, testimony must be taken under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(3) After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless the unauthorized discharge is properly treated, or otherwise prevented from entering the wastewater treatment system, or proof of an act of God event is shown. Further orders and directives as are necessary and appropriate may be issued.
(f) Legal action. If any user discharges sewage, industrial waste or other waste into the city’s wastewater treatment system contrary to the provisions of this article, federal or state pretreatment requirements, or any other orders of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the city municipal court, or the appropriate state court.
(1) Injunctive relief. When the city finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or federal or state requirement, the city through the city attorney may commence an action for the issuance of a temporary or permanent injunction, as appropriate, in municipal court or the appropriate state court, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) Fraud and false statements. Any reports or other documents required to be submitted or maintained under this article or user permits shall be subject to:
(A) The provisions of 18 U.S.C. section 1001 relating to fraud and false statements;
(B) The provisions of section 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and
(C) The provisions of section 309(c)(6) regarding responsible corporate officers
(Ordinance 90-57, sec. 1, adopted 9/25/88; Ordinance 03-018, sec. 1, adopted 3/18/03; 1978 Code, sec. 28-103; Ordinance 08-040, sec. 36, adopted 5/13/08)
Sec. 22.03.005 Fees and surcharges
(a) Industrial wastewater discharge permits. For each industrial wastewater discharge permit or nonhazardous waste hauler permit issued pursuant to this article, each user shall pay a fee as established by the city manager for the duration of the permit. Permits may remain in full force for a period of three (3) years from the date of issuance, unless sooner revoked, and shall be nontransferable. (b) Monitoring fees. Each significant user for which the city has reporting requirements under EPA national categorical pretreatment standards or its TPDES permit shall compensate the city for the cost of sampling and laboratory service required for monitoring discharges. The director shall determine the number of samples and the frequency of sampling necessary to comply with the reporting requirements.
(c) Monitoring fees associated with compliance schedules. Any industrial user placed on a compliance schedule will pay for associated sampling and analytical services to monitor return to compliance.
(d) User surcharge.
(1) Users discharging industrial wastewater which exhibit none of the characteristics of waste prohibited herein other than excessive oxygen demand and suspended solids, but having a concentration in excess of normal sewage as defined in section 22.03.001 as normal domestic wastewater, may be accepted for treatment if the user agrees to a surcharge over and above the regular sewer rates as established by the city. The method for computing the surcharge shall be based on the following formula:
Oxygen demand surcharge (BOD or COD)
Co = [Bc (AB)] Vu or Co = [Cc (AC)] Vu
Total suspended solids surcharge (TSS)
Cs = [Sc (AS)] Vu
Total surcharge
Ct = Co + Cs
Where:
Co = Surcharge for excessive BOD or COD, whichever is higher.
Cs = Surcharge for excessive total suspended solids.
Ct = Total surcharge.
Bc = BOD cost per milligram per liter per million gallons.
Cc = COD cost per milligram per liter per million gallons.
Sc = Total suspended solids cost per milligram per liter per million gallons.
AB = User BOD - Normal BOD = (BOD - 250).
AC = User COD - Normal COD = (COD - 550).
AS= User TSS - Normal TSS = (TSS - 300).
Vu = Volume from user per month in million gallons (MG).
(2) Surcharges for BOD, COD, and TSS shall be as established under section 22.02.002(a), water and sewer regulations generally.
(3) The combined totals of the oxygen demand and suspended solids surcharges shall equal the total surcharge to be billed. The basis for determining the surcharges shall be reviewed as deemed necessary by the director and shall be adjusted to reflect any change in wastewater treatment cost.
(4) Determination of the average concentration of strength of the user’s waste shall be made by the city based on tests conducted on representative samples collected by the city at least once each year. However, the user may request in writing that parallel sampling and tests at all times be made by the user and the city, in which case the surcharge may be made, assuming city approval of the user’s test methods, using the average of comparable values obtained by the user and the city.
(Ordinance 90-57, sec. 1, adopted 9/25/90; Ordinance 03-018, sec. 1, adopted 3/18/03; 1978 Code, sec. 28-104)
Sec. 22.03.006 Power and authority of enforcing agents
The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties whenever necessary to conduct an inspection or to enforce any of the provisions of this article. The director or his authorized representative may enter all properties at all reasonable times to inspect the same or to perform any duty imposed upon the city by this article. If such entry is refused, or if no owner or other person having charge or control of the property can be located, the director or his authorized representative shall have recourse to every remedy provided by law to secure entry. (Ordinance 9-57, sec. 1, adopted 9/25/90; Ordinance 03-018, sec. 1, adopted 3/18/03; 1978 Code, sec. 28-105)
Sec. 22.03.007 Penalties; costs
(a) Civil penalties. Any person who is found to have violated an order of the city council or failed to comply with provisions of this article, and the orders, rules, regulations and permits issued hereunder, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed two thousand dollars ($2,000.00) as prescribed by state law. Each day in which any such violation shall continue shall be deemed a separate offense.
(1) In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporter’s fees and other expenses of litigation, and any other expense, loss or damage occasioned by the city by reason of such violation, by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued hereunder.
(2) The director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(b) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed two thousand dollars ($2,000.00) as prescribed by state law.
(c) Administrative fines. When the city finds that a user has violated or continues to violate any provision of this article, an indirect discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in an amount of one thousand dollars ($1,000.00) per day per violation. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (d) Criminal prosecution. A user who willfully or negligently violates any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine or imprisonment, or both.
(Ordinance 90-57, sec. 1, adopted 9/25/90; Ordinance 03-018, sec. 1, adopted 3/18/03; 1978 Code, sec. 28-106)
ARTICLE 22.04 SERVICE RATES OF REGULATED COMPANIES* Sec. 22.04.001 Increasing; hearing on application therefor
(a) It shall be unlawful for any person engaged in the business of furnishing public utility service to the public within the city, or for any person exercising or enjoying any public franchise or privilege under or in the city, to charge or collect for the local service rendered by them to the public in the city any higher rate than the rates fixed by the city council without first filing an application for such increase and securing the approval thereof by the city council after an open hearing, as hereinafter provided.
(b) In the event any such person mentioned in this section shall desire to increase the charges at this time existing for such service, he shall, prior to attempting such increase, file with the city council his application setting out in detail the rates by him proposed to be charged and the reasons for such increase and request a hearing.
(c) Upon the filing of such application, the city council shall, at the next succeeding regular meeting, set a date for such hearing to begin, which date shall not be later than thirty (30) days thereafter, and notice of such date shall be given to the petitioner. Upon such hearing, which shall be held by the city council in open meeting, such petitioner shall have the right and it shall be his duty to produce such documents, books, records, accounts and other evidence as may be necessary to enable the city council to pass intelligently and fairly upon the reasonableness of the proposed rates. The city council shall have the right and authority to call for or introduce any books, records, documents, accounts or other evidence which might assist in arriving at the proper determination of the issues involved.
(d) Such hearing shall be expeditiously conducted, and at the termination thereof the city council shall, within sixty (60) days thereafter, either grant or refuse such increase, or partially grant same, or lower the existing rates as the merits of the case may require. It shall be unlawful for any person to charge or attempt to charge any rates for local service within the city higher than that so fixed by the city council; and any such increased rate so made without permission shall be void, and uncollectible. No person shall discontinue or refuse to furnish service to the public because of the failure or refusal of the public to pay a higher rate than the one so fixed by the city council. Each separate charge of collection of any increase without permission of the city council shall constitute a separate offense.
(1958 Code, sec. 39-15; 1978 Code, sec. 28-110)
Sec. 22.04.002 Forfeiture of franchise for rate violation
Any person enjoying any public franchise within the limits of the city or holding any public privilege or right to render public service for profit within the city or rendering any public utility service within the city, who shall violate the provisions of section 22.04.001, or who shall increase the rates charged the public in violation thereof, shall subject himself to a forfeiture of such franchise rights, if any he may have, and the same may be forfeited by the city council, after ten (10) days’ notice to the holder of such franchise right. Any such person, with or without franchise, who shall in the city fail or refuse to comply with the provisions of this article shall not be allowed or permitted to continue the operation of the business in which he is engaged within the city, and shall be, upon order of the city council, by the police department, restrained and prevented from so doing. (1958 Code, sec. 39-16; 1978 Code, sec. 28-111)
Sec. 22.04.003 Centerpoint Energy (a) Definitions.
Commercial consumer. The term “commercial consumer” as used in the schedules cited in subsection (c) of this section shall mean a customer or user of gas engaging in any business, professional or institutional activity, for all unrestricted uses of gas, including cooking, heating, refrigeration, water heating, air conditioning and power.
Residential consumer. The term “residential consumer” as used in the schedules cited in subsection (c) of this section shall mean a customer or user of gas to whom service is supplied in a dwelling or a residential apartment for uses usual in a home. The terms “residential consumer” and “domestic consumer” are considered to be synonymous.
(b) Natural gas supplied for individual use; resale or sharing prohibited. Natural gas supplied by Centerpoint Energy, its successors and assigns is for the individual use of the customer at one point of delivery and shall not be resold or shared with others.
(c) Schedules of rates for natural gas, natural gas service. Centerpoint Energy, its successors and assigns (hereinafter sometimes referred to as the “company”) is hereby authorized to place in effect the schedules of rates within the city for the supply of natural gas and natural gas service, which schedules are on file in the office of the city clerk.
(d) Right of city council to regulate rates preserved. Nothing contained in this section shall be construed as in any manner, now or hereafter, limiting or modifying the right and power of the city council under the law to regulate the rates charged by Centerpoint Energy, its successors and assigns, within the city.
(1958 Code, secs. 39-17–39-18.1; 1978 Code, secs. 28-112–28-115; Ordinance 08-040, secs. 37–40, adopted 5/13/08)
ARTICLE 22.05 SOLID WASTE DISPOSAL*
Division 1. Generally
Sec. 22.05.001 Definitions
The following definitions shall apply in the interpretation and enforcement of this article:
Automated containers. Any containers for refuse provided by the city having a capacity of sixty (60) to ninety- six (96) gallons and equipped with wheels for mobility.
Building materials. Any material such as lumber, brick, plaster, gutters or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
Bulk container. A metal container of not less than two (2) cubic yards nor larger than ten (10) cubic yards, made of watertight construction with doors opening on two (2) sides and top, and constructed so that it can be emptied mechanically by specially equipped trucks. Containers shall be covered.
Business trash. Any waste accumulation of dust, paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which is usually attendant to the operation of stores, restaurants, offices, churches, apartments and similar businesses.
Commercial establishment. Any retail, restaurant, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment at which garbage or trash may be generated, and having connection to the city’s water system. Curbline. The area directly behind the curb. In the absence of a curb, the area directly behind the edge of pavement.
Garbage. Every accumulation of animal, vegetable, and other waste matter that attends the preparation, handling, consumption, storage or decay of plant and animal matter, including meats, fish and seafood, birds, fruits, vegetable or dairy products and the waste wrappers or containers thereof.
Hazardous refuse. Materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter, and explosives or as defined by the state commission on environmental quality.
Household trash. Every waste accumulation of paper, sweepings, dust, rags, bottles, cans, or other matter of any kind, other than garbage, which is usually attendant to housekeeping.
Industrial waste. All waste, including solids, semisolids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises or as defined by the state commission on environmental quality.
Inspectors. Persons appointed by the department director authorized to enforce health and sanitation, building, and sanitation codes or ordinances.
Landfill operations. A section of the solid waste division designated to perform sanitary landfill disposal services for the public.
Litter. Any man-made or man-used object, organic or inorganic material, or solid waste, and specifically includes trash which is not placed in a container, an authorized sanitary waste disposal site, or another approved area or depository, or a vehicle designated for transport or disposal of litter, trash, garbage or waste.
Loading and unloading area. Any stream, river or lakeside or land dock, space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities or persons.
Multiple residential unit. Any duplex, apartments, group of apartments or condominium used as a dwelling place for more than one family.
Person. Any individual, firm, company, corporation, or association.
Post-consumer waste. A material or product that has served its intended use and has been discarded after passing through the hands of a final user. For the purpose of this article, the term does not include industrial or hazardous waste.
Portable packing unit. A metal container, not exceeding four thousand five hundred (4,500) pounds gross weight, with four (4) to six (6) cubic yard capacity, that contains a packing mechanism and an internal or external power unit.
Private collector. Any person or firm engaging in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse.
Refuse. All putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish, and ashes.
Refuse container. A metal or plastic container for refuse, of substantial construction, with a tightfitting lid, and handles sufficient for safe and convenient handling for collection at curbside. Except for those areas served by automated collection equipment, such containers shall have a capacity of not more than thirty-two (32) gallons and a total weight, when full, of not more than fifty (50) pounds or an empty weight of not more than ten (10) pounds, and shall be kept in serviceable condition at all times. Any areas serviced by automated collection equipment shall only use the automated containers as approved by the director. Any container which does not meet standards set by the director or his designee shall be removed. Exceptions to these requirements may be made by the director or his designee. Residentially zoned property. Property zoned for only single-family residential uses under the zoning ordinances of the city.
Roll-off/roll-on container. A unit, varying in capacity between five (5) cubic yards and forty (40) cubic yards, which is used for collecting, storing, and transporting building materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for composition of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste material to the disposal site.
Single residential unit. Any dwelling place occupied by one family.
Small dead animals. Dead cats, dogs, small household pets and other animals of similar size.
Solid Waste Disposal Act. The Solid Waste Disposal Act, chapter 361 of the Health and Safety Code, V.T.C.S., as amended, and under the authority of the state commission on environmental quality.
Solid waste division. The division under the control of the director designated to perform garbage and trash collection services, landfill waste disposal and recycling for the city.
Tree and shrubbery trimmings. Waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of trees or bushes.
Vacant property. Property that does not contain any structure whatsoever.
White goods. Major appliances such as refrigerators, freezers, washing machines, dryers, hot water heaters, stoves, dishwashers, etc.
Yard waste. Leaves, grass clippings, yard and garden debris, and brush, including clean woody vegetative material not greater than six (6) inches in diameter, that results from landscaping maintenance and land-clearing operations. The term does not include stumps, roots, or shrubs with intact root balls.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 1, adopted 7/12/94; Ordinance 00-63, sec. 1, adopted 8/15/00; 1978 Code, sec. 28-20.1; Ordinance 08-040, sec. 1, adopted 5/13/08; Ordinance 11-046, sec. 1, adopted 7/19/11)
Sec. 22.05.002 Administration and enforcement
The administration and enforcement of the provisions of this article, including provisions for refuse collection throughout the city, by both private contractors and the city, shall be primarily the duty of the solid waste division with assistance from other city departments. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.2; Ordinance 08-040, sec. 2, adopted 5/13/08)
Sec. 22.05.003 Notice of violation
(a) Authority to issue. Inspectors appointed by the department head shall have the authority to enforce sections 22.05.006, 22.05.009, 22.05.010, 22.05.011, 22.05.051, 22.05.053, 22.05.056, 22.05.058, 22.05.012, 22.05.013, 22.05.060, 22.05.061, 22.05.062, 22.05.063, 22.05.103, 22.05.104, 22.05.134, 22.05.137, and 22.05.058 of this article by issuing a notice, in accordance with subsection (b) of this section, informing the proper person of the date and nature of violation. Other violations of this article shall be enforced by the issuance of a summons or warrant as provided by law.
(b) Method of issuance. When an inspector issues a notice for a violation of this article, notice shall be sufficient if served on the offending person by:
(1) Attaching a correction notice upon the container [of the person] to whom it is directed. (2) Certified mail, with delivery reported, a copy of the notice to the last known address of the person as shown on the current tax roll or water bill.
(c) Response. The party who receives a notice of violation by certified mail will pay the fee assessment set forth hereinbelow in full satisfaction of such violation. The fee assessment will be included on the water bill for payment in accordance with section 22.05.213. Continued violation of the sections in subsection (a) of this section may result in termination of garbage service and institution of legal action.
For violation of section: Fee Assessment
22.05.006 $15.00
22.05.009 $15.00
22.05.010 $15.00
22.05.011 $15.00
22.05.051 $10.00
22.05.053 $10.00
22.05.056 $10.00
22.05.058 $15.00
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, secs. 28-20.3–28-20.5; Ordinance 08-040, sec. 3, adopted 5/13/08)
Sec. 22.05.004 Violation of article
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a class C misdemeanor and, unless the penalty for such violation is paid in accordance with section 22.05.003 of this article, upon conviction thereof, the court may impose a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00). (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.6; Ordinance 08-040, sec. 4, adopted 5/13/08)
Sec. 22.05.005 Bulk containers utilized by commercial establishments
Any commercial establishment which desires to utilize a bulk container for its refuse shall employ the services of a private contractor to service that container. Such container shall at all times be clean, neat, and in good state of repair. Cleaning up materials spilled from the container when emptying shall be the responsibility of the private contractor or the property owner or occupant. No refuse shall be placed adjacent to any bulk container. The property owner of any establishment for which a bulk container screening requirement applies must maintain such screening in a clean and neat condition and in good state of repair. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.7)
Sec. 22.05.006 Hazardous refuse
No infectious or pathological refuse or any other refuse that may cause a public health hazard shall be placed in any container used for collection by the city or collection by any private agency. The following are several types of special refuse items which shall be given special care and preparation before disposing of the same in any refuse container:
(1) Hypodermic instruments and other sharp articles. No person shall dispose of or discard any hypodermic syringe, hypodermic needle or any instrument or device for making hypodermic injections without prior placement in a puncture-resistant container for disposal so as to avoid the possibility of causing injury to the collection personnel.
(2) Ashes. Ashes that are to be collected by the city or private collectors must have been wetted and cooled to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight as stipulated in section 22.05.051 and shall not be placed with the normal refuse unless separately wrapped, so that they will not cause injury to the collection personnel.
(3) Pressurized cans. All pressurized cans containing pesticides or any other dangerous materials shall be released of all pressure before being deposited in a container for collection by the city or any private collection agency.
(4) Glass. All broken glass or any type of glass that may cause injury to refuse collection personnel shall be separately wrapped to prevent injury and placed with the normal refuse.
(5) Pesticides. All pesticides and other poisonous containers shall be emptied and triple rinsed before being placed for collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.8)
Sec. 22.05.007 Disposal of refuse and debris from construction, demolition, etc., operations
(a) The city shall not be responsible for the collection or hauling of building materials originating from private property preliminary to, during or subsequent to the construction of new buildings or alterations or additions to existing buildings of whatever type or from demolition of existing structures. Such material shall be removed by the owner of the property or by the contractor. A stop work order may be issued by the inspector until such material has been removed by the owner or contractor. In addition, all contractors must provide refuse receptacles for construction debris and litter to be deposited in on a regular basis.
(b) Loose dirt, mud, clay, rocks, construction materials and other debris deposited upon any public highway, street and sidewalk or private property as a result of construction or demolition operations shall be immediately removed by the contractor. Construction and demolition sites shall be kept clean and orderly at all times.
(c) The prime contractor or developer of a construction or demolition site shall be responsible for maintaining the site as required by this section.
(Ordinance 92-7, sec. 1, adopted 1-28-92; 1978 Code, sec. 28-20.9)
Sec. 22.05.008 Collection, removal and disposal of industrial waste Industrial waste shall be collected, removed and disposed of in an approved manner by the operator of the factory, plant or enterprise creating or causing same. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.10)
Sec. 22.05.009 Unlawful deposits generally; littering
(a) No person shall place any accumulation of refuse or trash in any street, street right-of-way, median strip, alley or other public place of travel, nor upon any private property, except as stated in other sections of this article.
(b) It shall be unlawful for any person to:
(1) Scatter refuse about or litter any public or private street, area or place.
(2) Cast, throw, place, sweep or deposit anywhere within the city any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the city.
(3) Throw or deposit any refuse, trash or debris in any stream, body of water, or drainage system.
(c) The driver of any vehicle shall be responsible for assuring that no litter is thrown from the vehicle or occurs through the lack of proper covering.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.11)
State law reference–Texas Litter Abatement Act, V.T.C.A., Health and Safety Code, ch. 365.
Sec. 22.05.010 Placing refuse or refuse containers on, in or over drainage system
No person shall place any refuse or refuse container on, in or over any drainage system. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.12)
Sec. 22.05.011 Property to be kept free of litter
All owners or occupants shall maintain the real property owned or occupied by them in a clean and litter-free condition. This section shall not be construed as prohibiting the storage of refuse or litter in authorized containers for collection pursuant to the provisions of this article. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.13)
Sec. 22.05.012 Interference with or damaging containers
No person, other than employees of the city charged with such duty, shall interfere with the contents of any refuse container set out for removal by the city or any private collection agency, unless authorized by the director or his designee. It shall be unlawful for any person to damage or destroy any refuse container placed at the curbline for collection. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.14; Ordinance 08- 040, sec. 5, adopted 5/13/08; Ordinance 11-046, sec. 1, adopted 7/19/11)
Sec. 22.05.013 Scavenging of recyclable materials from residential areas prohibited
(a) No person or persons, other than the current resident of the property on which the items are placed or an authorized carrier, shall remove, pick up, or transfer recyclable materials, containers or bins left at curbside in either specifically marked recovery containers or any other type of container which is to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left at curbside in specifically marked containers, will include recyclable materials included in the city’s recycling program. (b) Each removal of an item or items from a residential subdivision residence location or a single-family residence location shall constitute a separate violation of this section. Unauthorized persons removing materials or bins other than those persons designated by the city to remove such materials shall be fined as follows:
(1) Upon first conviction of violation of this section, the person shall be fined twenty-five dollars ($25.00) for each such violation.
(2) Upon second conviction of violation of this section, the person shall be fined one hundred dollars ($100.00) for each violation.
(3) Upon third and subsequent convictions of violation of this section, the person shall be fined two hundred dollars ($200.00) for each such violation.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.15)
Sec. 22.05.014 Hauling of garbage, trash, waste or refuse on city streets
It shall be unlawful for any citizen, commercial establishment or private hauler to haul garbage, trash, waste or refuse on city streets without proper equipment for this purpose. No vehicle will be used for transporting this type of material unless it is:
(1) Equipped with adequate sideboards and tailgate to fully contain waste and prevent accidental blowing or discharge at any time.
(2) Completely covered with a tarp if loose materials extend above the sideboards.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-45)
Secs. 22.05.015–22.05.050 Reserved
Division 2. Collection by City
Sec. 22.05.051 Containers generally
All refuse to be collected by the city shall be stored in proper containers between times of collection. Any container provided by the city shall not be filled to exceed two hundred (200) pounds total weight and all refuse therein must fit inside the container. The cover of any container shall be kept on at all times except when the container is being filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from her refuse in a manner to prevent spillage prior to placing the same in a container. All areas serviced by the city shall use ninety-gallon round or ninety-six-gallon containers as approved by the director. All refuse shall be placed within the automated containers. No other type of container is permitted for use in the automated collection areas. Exceptions to these requirements may be made by the director or his designee. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.1; Ordinance 08-040, sec. 6, adopted 5/13/08; Ordinance 11-046, sec. 2, adopted 7/19/11)
Sec. 22.05.052 Solid waste collection service
(a) Standard residential solid waste collection service shall include:
(1) Once a week collection of garbage containers and bagged or containerized yard waste.
(2) Twice monthly collection of oversized tree and shrubbery trimmings, household trash, and bulky items such as major appliances or furniture. (b) To receive service, the dweller of the property shall be current on the garbage collection service fee in accordance with section 22.05.211.
(c) Residential and commercial accounts are limited to five (5) containers. Requests for additional containers must be submitted in writing to the department. The person whose name appears on the account must sign the request.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 93-5, sec. 1, adopted 2/2/93; 1978 Code, sec. 28-21.2; Ordinance 08-040, sec. 7, adopted 5/13/08; Ordinance 11-046, sec. 2, adopted 7/19/11; Ordinance 13-073, sec. 1, adopted 12/17/13)
Sec. 22.05.053 Points of collection
(a) Refuse containers and yard waste which are collected by the city shall be placed on the curbline of a city right-of-way abutting the property by 7:00 a.m. on the scheduled day of collection.
(b) Garbage and trash collection service on private property may be provided when alleys or streets of sufficient width are available and all of the adjoining property owners or the owners’ association by written document indemnifies the city for damages to curbs, alleys, pavements, and the private property of residents served.
(c) Some residents serviced by automated collection equipment may be required to place the automated containers on the opposite side of the street from their residence. Solid waste vehicles may travel against the flow of traffic on a one-way street when so equipped with appropriate warning devices.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.3; Ordinance 08-040, sec. 8, adopted 5/13/08; Ordinance 11-046, sec. 2, adopted 7/19/11)
Sec. 22.05.054 Holiday collection schedule
(a) Refuse collection service shall not be provided by the city on the following holidays:
(1) New Year’s Day.
(2) Independence Day.
(3) Thanksgiving Day.
(4) Christmas Day.
(b) During weeks containing observed holidays, collections shall be moved back one day after the holiday necessitating Friday collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 00-07, sec. 1, adopted 1/11/00; 1978 Code, sec. 28-21.4)
Sec. 22.05.055 Refuse from multiple-unit dwellings not to be collected
The city shall not provide refuse collection to apartments, office and residential condominiums, duplexes, or other multiple-unit buildings unless each unit or duplex is individually located on a separate lot abutting the right-of-way of a publicly maintained street; provided, however, that such refuse collection shall be done in accordance with the other provisions of this article. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.5)
Sec. 22.05.056 Storage of yard waste; removal of yard waste generated by contractors; removal of bulky or heavy material (a) Yard waste may be stored for collection in suitable containers or bags not to exceed thirty-two (32) gallons capacity and fifty (50) pounds in weight. Any yard waste that cannot be put in a normal refuse container shall be handled as described in subsection (b) of this section.
(b) All limbs, branches, shrubbery and hedge trimmings to be collected by the city shall be stacked neatly in separate piles by the curbline for collection. Materials shall not be stacked under low overhead cabling, signs or posts. This material will be collected in accordance with section 22.05.052.
(c) Every nurseryman, tree surgeon, and every person who cuts or trims trees, shrubs or grass as an independent contractor shall remove or cause to be removed all trash from the premises serviced by him or follow the placement requirements set out in section 22.05.058. Failure to properly dispose of such cuttings or trimmings shall constitute littering and is punishable in accordance with section 22.05.004 of this code.
(d) Collection of items such as building debris (lumber), shingles, siding, insulation, brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead animals and other bulky or heavy material shall not be included in the regular garbage and trash collection service furnished by the solid waste division. The owner shall have such debris removed at his own expense.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.6; Ordinance 08-040, sec. 9, adopted 5/13/08; Ordinance 11-046, sec. 2, adopted 7/19/11)
Sec. 22.05.057 Forking of debris flooded or washed upon private property
On seasonal occasions, when various types of debris from public waterways, highways or drainage systems is either flooded or washed upon private property (commercial or residential), and when carted to the curbline for collection by the city, the director, or his designee, may authorize the forking of such accumulations of debris not in containers or stacked as normally required by this article. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.7; Ordinance 08-040, sec. 10, adopted 5/13/08; Ordinance 11-046, sec. 2, adopted 7/19/11)
Sec. 22.05.058 Deposit of yard waste in automated containers prohibited; placement of yard waste for collection
(a) No person shall place any yard waste or tree and shrubbery trimmings in city-furnished automated containers.
(b) Yard waste to be collected by the city shall be placed at curbside by 7:00 a.m. on collection day. Yard waste may be placed in:
(1) Plastic or polyethylene bags which are at least 1.5 mils in thickness and having a capacity of not more than forty-five (45) gallons or a total weight of not more than forty (40) pounds.
(2) Corrugated cardboard boxes or other suitable paper containers weighing not more than forty (40) pounds and of sufficient strength to prohibit bursting when lifted. Corrugated cardboard boxes will be left at curbside by collection personnel.
(3) Metallic or plastic refuse containers having a capacity of not more than thirty-two (32) gallons or a total weight of not more than fifty (50) pounds.
(c) Tree and shrubbery trimmings to be collected by the city shall be placed at curbside by 7:00 a.m. on collection day. Tree and shrubbery trimmings must be:
(1) Totally separated from all other waste; other waste includes metals, lumber, paper, plastics, furniture, appliances, concrete and any other solid materials. Any waste, regardless of quantity or size, mixed with tree and shrubbery trimmings constitutes a violation of this section.
(2) Cut into sections not to exceed eight (8) feet in length. (3) Cut so that tree stumps and root balls do not exceed twenty-four (24) inches in diameter.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.8; Ordinance 11-046, sec. 2, adopted 7/19/11)
Sec. 22.05.059 Disposal of white goods
White goods must have doors taped shut or removed before placing on city streets. White goods must be totally separated from all other waste to allow for separate collection. White goods are prohibited from being buried on the landfill. White goods allowed at the landfill must be deposited in the white goods recycling area as directed by the landfill personnel. It shall be unlawful to deposit any materials other than white goods in the white goods recycling areas. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.9; Ordinance 08-040, sec. 11, adopted 5/13/08)
Sec. 22.05.060 Disposal of tires
Tires will be collected from residential households only. Tires must be totally separated from all other waste. A maximum of four (4) tires will be collected on collection day. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.10)
Sec. 22.05.061 Disposal of yard waste at landfill
Yard waste is prohibited from being buried on the landfill. Yard waste accepted at the landfill must be deposited in the compost area as directed by landfill personnel. It shall be unlawful to deposit any materials other than yard waste in the compost area. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.11)
Sec. 22.05.062 Collection from vacant property
(a) Trash collection service will be provided to vacant property subject to the following provisions:
(1) The property must be located in a residential zone.
(2) The property is not larger than one-half acre.
(3) The trash placed for collection is from normal vegetation maintenance such as tree cuttings above the ground, grass clippings, or brush cutting.
(4) The property is not being cleared for construction purposes.
(5) Tree trimmings did not result from the selling of usable timber.
(6) The property owner must reside in a single-family residence within the city limits that is currently paying a solid waste fee on that residence.
(7) The property is not being held for sale as part of a residential development.
(8) Only vegetative waste will be collected.
(9) Vegetation must not be obtained with machinery (i.e., a bulldozer) whereby trees and stumps with root balls are included in the trash to be collected.
(10) The acceptable vegetative waste is placed at the curb in accordance with section 22.05.058(c) (2) of the Code of Ordinances.
(b) Yard waste collection on vacant property shall be provided once per calendar quarter.
(Ordinance 00-63, sec. 2, adopted 8/15/00; 1978 Code, sec. 28-21.12) Sec. 22.05.063 Collection from single residential units located on more than one acre of land
Trash collection at single residential units built on multiple acres of land will be provided in accordance with the following:
(1) The trash placed on the curb is household trash, white goods, yard waste and other trash normally generated at a residence.
(2) The trash was generated on a maximum of one (1) acre of land upon which the house is situated. Hauling and disposal of trash or yard waste generated on other parts of the property such as vegetative waste or waste generated by land clearing, or demolition of barns, sheds or other structures, is the responsibility of the property owner.
(Ordinance 00-63, sec. 3, adopted 8/15/00; 1978 Code, sec. 28-21.13)
Secs. 22.05.064–22.05.100 Reserved
Division 3. Private Collectors
Sec. 22.05.101 Franchise required for collecting, hauling or transporting waste
No person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the city. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-22.1)
Sec. 22.05.102 Franchise required for providing commercial container collection services
It shall be unlawful for any person, partnership, association or corporation to provide commercial container garbage collection services in the city without first obtaining a franchise from the city. “Commercial container garbage collection services” is defined as a public utility for the collection of the garbage from mechanically emptied “dumpster or roll-on” type containers from locations in the city which are not single-family locations, and disposal of such material in accordance with law. (Ordinance 83-128, sec. 1, adopted 10/4/83; Ordinance 87- 93, sec. 1, adopted 12/8/87; 1978 Code, sec. 7-66; Ordinance 17-048 adopted 7/25/17)
Sec. 22.05.103 Maintenance of vehicles and other equipment
All vehicles, containers and other equipment used by private refuse collectors shall be maintained in a clean, sanitary condition and free from odors at all times and shall be equipped with watertight bodies. (Ordinance 92- 7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-22.2)
Sec. 22.05.104 Inspection of containers and vehicles
All containers and vehicles owned or operated by private refuse collectors shall be subject to inspection by officials of the department to insure safety compliance and to insure that proper lids or covers are provided to prevent litter problems. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-22.3; Ordinance 08-040, sec. 12, adopted 5/13/08; Ordinance 11-046, sec. 3, adopted 7/19/11)
Sec. 22.05.105 Collections to be made from customer’s premises
Containers owned by private refuse collectors shall not be placed on any street or right-of-way within the city. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-22.4)
Secs. 22.05.106–22.05.130 Reserved Division 4. City Landfill
Part I. In General
Sec. 22.05.131 Unloading material
All persons or businesses hauling into the city landfill shall deposit such material only in the place designated by a landfill attendant. Such dumping shall only be from Monday through Saturday during the hours of operation as determined by the director. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-42; Ordinance 08-040, sec. 21, adopted 5/13/08; Ordinance 11-046, sec. 4, adopted 7/19/11)
Sec. 22.05.132 Unauthorized removal of material
It shall be unlawful for any person to remove trash, waste or refuse, or any material from the city landfill without the written permission of the director or his designee. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-43; Ordinance 08-040, sec. 22, adopted 5/13/08; Ordinance 11-046, sec. 4, adopted 7/19/11)
Sec. 22.05.133 Materials not accepted
Entrance to and dumping of the following at the city landfill shall not be allowed without prior approval of the director or his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease;
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste Act.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 4, adopted 7/12/94; 1978 Code, sec. 28-44; Ordinance 08-040, sec. 23, adopted 5/13/08; Ordinance 11-046, sec. 4, adopted 7/19/11)
Sec. 22.05.134 Use by private collectors
Persons engaged in the business of collecting solid waste, refuse, debris or garbage may deposit solid waste, refuse, debris or garbage at the city landfill subject to the following provisions:
(1) The proper city refuse disposal permit has been purchased and is current.
(2) The vehicles transporting the solid waste, refuse, debris or garbage have a current city refuse disposal permit license decal displayed thereon.
(3) Section 22.05.171 has been and is fully complied with. (Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 2, adopted 7/12/94; Ordinance 00-06, sec. 1, adopted 1/11/00; 1978 Code, sec. 28-23.1)
Sec. 22.05.135 Hours of operation
The director, with the approval of the city manager, is hereby authorized to establish reasonable hours of operation for the city landfill. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.3; Ordinance 08- 040, sec. 14, adopted 5/13/08; Ordinance 11-046, sec. 4, adopted 7/19/11)
Sec. 22.05.136 Determination of acceptability of deposits
The director, or his designee, shall have the authority to determine what solid waste, refuse or garbage shall be acceptable for deposit at the city landfill. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.4; Ordinance 08-040, sec. 15, adopted 5/13/08; Ordinance 11-046, sec. 4, adopted 7/19/11)
Sec. 22.05.137 Delivery vehicles to conform to Solid Waste Disposal Act
(a) Every vehicle used to deliver material to a city refuse disposal area shall conform to the requirements of the Solid Waste Disposal Act so that the contents of such vehicle do not escape therefrom.
(b) A person operating a vehicle which does not conform to such section [act] shall be allowed access to such area only after he is issued a notice of, or summons for, a violation of this section.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.5)
Sec. 22.05.138 Liability for violation of article
Any officer or agent of a corporation, or member of a partnership or association, who shall personally participate in or be an accessory to any violation of this article by such corporation, partnership or association shall be subject to the penalties provided for such violation. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.6)
Secs. 22.05.139–22.05.170 Reserved
Part II. Disposal Permit
Sec. 22.05.171 Required
(a) No person engaged in the business of collecting solid waste, refuse, debris or garbage shall deposit such material at any city refuse disposal area unless he has a current refuse disposal permit issued by the director or his designated agent.
(b) The fee for a permit required by this section shall be twenty-five dollars ($25.00) per vehicle per year or any part thereof. Each such permit shall expire on December 31 of each year.
(c) When a permit is issued under this section, a decal shall be issued for each vehicle listed on the permit. Such decal shall be affixed to the left side of the vehicle windshield at all times when it is being used at any city refuse disposal area.
(d) The director, or his designee, is hereby authorized to revoke or suspend any permit issued under this section, to prevent the holder thereof from utilizing the city refuse disposal areas, for good cause.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.2; Ordinance 08-040, sec. 13, adopted 5/13/08; Ordinance 11-046, sec. 5, adopted 7/19/11) Sec. 22.05.172 Conditions for issuance
Upon filing of an application, the landfill superintendent shall grant such permit if the following conditions have been met:
(1) Provision is available to lawfully dispose of the garbage, trash, waste or refuse within the city landfill;
(2) The provisions of this article have been met;
(3) The proposed removal and disposition of such garbage, trash, waste or refuse will not create a public nuisance;
(4) The vehicle for conveyance has been inspected and measured by the landfill division; and
(5) The applicant has been current in payment for previous disposal services.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-40; Ordinance 08-040, sec. 19, adopted 5/13/08)
Sec. 22.05.173 Revocation; appeals
The permit herein authorized to be issued may be revoked by the landfill superintendent at any time for the violation of or noncompliance with any of the provisions of this article or the conditions under which it was issued and, immediately upon such revocation, the permit issued thereunder shall be surrendered to the landfill superintendent or any of his duly authorized representatives; however, any person feeling aggrieved by such revocation shall have the right to appeal to the director for redress, and such appeal shall be made either by personal appearance on the part of the aggrieved party or by written communication addressed to the director setting forth the cause of complaint. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-41; Ordinance 08-040, sec. 20, adopted 5/13/08; Ordinance 11-046, sec. 5, adopted 7/19/11)
Secs. 22.05.174–22.05.210 Reserved
Division 5. Service Fees
Sec. 22.05.211 Residential and recycling service
(a) The solid waste division shall systematically collect and remove garbage, trash, recyclable materials, and yard waste from premises used for residential purposes. All residences in the city are subject to, and the owners or occupants are required to pay, a collection services fee except:
(1) Residences from which the owners or occupants are serviced by a private collector as defined in this article.
(2) Residences on which the owners or occupants use an on-property disposal method that is approved by the city, county, and state.
(3) Residences that are vacant and water service for which is discontinued.
(4) Owners of vacant residences who do not require water service will not be required to pay a garbage and trash collection fee.
(b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service. Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) percent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 22.05.007(c) or for vacant lots except as provided in section 22.05.062. If a business is located in a part of a residence, a collection services fee shall be charged for each connection to the city’s water system. The following monthly rates apply for collection services:
(1) The monthly rates for standard collection services shall consist of the following elements:
(A) Garbage and trash collection: $17.00.
A 10% discount to the garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older.
(B) Additional containers: A one-time $20.00 prep and delivery fee for each additional container obtained. The monthly fee for each additional container is three dollars and seventy- five cents ($3.75) per month.
(C) Litter removal: Single-family and owner-occupied residential units will be charged a litter removal fee at a rate of fifty cents ($0.50) per unit per month. Multifamily dwellings and/or rented properties of two (2) or more units will be charged a litter removal fee at a rate of twenty-five cents ($0.25) per unit per month.
(2) A reconnect container fee will be assessed for those households whose garbage container(s) have been collected by the city due to the removal of a water meter as a result of nonpayment of city water and/or garbage services, and then subsequently reissued upon payment and reinstallation of the meter.
(A) Reconnect container fee: $20.00 per container.
(c) Recycling service. Citizens participating in curbside recycling shall pay the fees listed below.
(1) The rates to be charged for curbside recycling shall consist of the following:
(A) A recycling container service fee of fifty-eight dollars ($58.00) per container. The container is to remain the property of the city.
(B) A recycling fee of eleven dollars and fifty cents ($11.50) per month.
(2) Recyclable materials will only be collected if they are placed inside the recycling container.
(3) Recycling containers must be placed on the curbside for them to be collected by the city.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 93-5, sec. 1, adopted 2/2/93; Ordinance 94-61, sec. 1, adopted 12/13/94; Ordinance 00-63, sec. 4, adopted 8/15/00; Ordinance 02-092, secs. 1–3, adopted 11/5/02; Ordinance 05-087, secs. 1, 2, 10/18/05; 1978 Code, sec. 28-24.1; Ordinance 07-094, sec. 1, adopted 9/25/07; Ordinance 08-040, sec. 16, adopted 5/13/08; Ordinance 11-084, sec. 1, adopted 10/25/11; Ordinance 12-028, sec. 1, adopted 6/12/12; Ordinance 13-040, sec. 1, adopted 6/25/13; Ordinance 13-073, sec. 2, adopted 12/17/13; Ordinance 15-038, sec. 1, adopted 9/29/15; Ordinance 16-042, sec. 1, adopted 8/23/16)
Sec. 22.05.212 Public, business and commercial establishments
(a) Applicability. All commercial establishments in the city are required to pay a collection services fee except: (1) Institutions that haul their own garbage.
(2) Institutions that have a private collector.
(3) Institutions that use an on-property disposal method that is approved by the city, county, and state.
(4) Institutions that are vacant and the water service is discontinued.
(b) Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of city water and sewer serving the location.
(c) No rate adjustments will be made for temporary non-use of service unless the water service is disconnected. Service shall not be provided outside the city limits.
(d) Commercial establishments may be provided, at their option, the same refuse container service provided to residents. No separate trash service will be provided to commercial establishments for trees, shrubs, white goods, or yard waste.
(e) It shall be unlawful for any person other than a hauler holding a valid permit under section 22.05.171 of this article to transport commercial garbage from one location to another or to a residence.
(f) The rate set out in section 22.05.211 hereof shall be the rates charged to commercial establishments.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-24.2; Ordinance 08-040, sec. 17, adopted 5/13/08)
Sec. 22.05.213 Collection of charges
The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the owner or occupant using or occupying any building or structure receiving such service. To avoid duplication in billing and as a convenience to the public, the city shall include such charges on the monthly city invoice. Any person who shall fail or refuse to pay the charge herein specified within fifteen (15) days from the date of the bill shall have his garbage service suspended and the director shall be noted immediately for appropriate action in accordance with the provisions of this article. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28- 24.3; Ordinance 08-040, sec. 18, adopted 5/13/08; Ordinance 11-046, sec. 6, adopted 7/19/11)
Sec. 22.05.214 Landfill fees
(a) All persons of the city may dispose of residential waste from their residence upon presenting proof of residency.
(1) All persons of the city and other municipality under a disposal contract may dispose of residential waste from their residence upon presenting proof of residency.
(2) Nonprofit charitable organizations who operate as a necessary part of their day-to-day business vehicles owned or leased by them for the transport of waste or refuse resulting from the renovation or repair of donated used material shall be exempt from the fee requirement of this section.
(b) Disposal fees shall be based on collection of refuse from inside the city limits. The fee shall be assessed to the nearest cubic yard of refuse disposed.
(1) Compacted refuse: $6.00/cy.
(2) Noncompacted refuse: $5.25/cy.
(Ordinance 93-51, sec. 1, adopted 8/24/93; Ordinance 94-35, sec. 3, adopted 7/12/94; 1978 Code, sec. 28-24.4) ARTICLE 22.06 DROUGHT CONTINGENCY PLAN* Sec. 22.06.001 Declaration of policy, purpose and intent
(a) In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water.
(b) Water uses regulated or prohibited under this drought contingency plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 22.06.010 of this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(a))
Sec. 22.06.002 Public involvement
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of providing a public meeting to provide opportunity to allow public input. The meeting was publicly announced through the Beaumont Enterprise. The notice for the meeting was posted at City Hall, 801 Main St., and the meeting was held July 31, 2001. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(b))
Sec. 22.06.003 Public education
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of television announcements, press releases and utility bill flyers. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(c))
Sec. 22.06.004 Coordination with regional water planning groups
The service area of the city is located within the Region I regional water planning area and the city has provided a copy of this plan to Region I. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(d))
Sec. 22.06.005 Authorization
The city manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(e))
Sec. 22.06.006 Application
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city. The terms “person” and “customer” as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(f)) Sec. 22.06.007 Definitions
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use. Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and institutional water use. Water use which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation. Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer. Any person, company, or organization using water supplied by the city.
Domestic water use. Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, and sanitation, or for cleaning a residence, business, industry, or institution.
Even-numbered address. Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8, and locations without addresses.
Industrial water use. The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Non-essential water use. Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (9) Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(g))
Sec. 22.06.008 Criteria for initiation and termination of drought response stages
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified “triggers” are reached. The triggering criteria described below are based on known system capacity limits. Future improvements to the city’s water system will increase capacity and this plan will be modified to reflect the system’s upgraded capacity.
(1) Stage 1 triggers–Mild water shortage conditions.
(A) Requirements for initiation. Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses defined in section 22.06.007 of this article (definitions) when total daily water demand equals or exceeds thirty-seven million (37,000,000) gallons for three (3) consecutive days or thirty-eight million (38,000,000) gallons on a single day (e.g., based on the “safe” operating capacity of water supply facilities).
(B) Requirements for termination. Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days.
(2) Stage 2 triggers–Moderate water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 22.06.009 of this plan when the total daily water demand equals or exceeds thirty-eight million (38,000,000) gallons for three (3) consecutive days or thirty-nine million (39,000,000) gallons on a single day.
(B) Requirements for termination. Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 2, stage 1 becomes operative.
(3) Stage 3 triggers–Severe water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for stage 3 of this plan when the total daily water demand equals or exceeds thirty-nine million (39,000,000) gallons for three (3) consecutive days or forty million (40,000,000) gallons on a single day.
(B) Requirements for termination. Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 3, stage 2 becomes operative.
(4) Stage 4 triggers–Critical water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for stage 4 of this plan when the total daily water demand equals or exceeds forty million (40,000,000) gallons for three (3) consecutive days or forty-two million (42,000,000) gallons on a single day. (B) Requirements for termination. Stage 4 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of two (2) consecutive days. Upon termination of stage 4, stage 3 becomes operative.
(5) Stage 5 triggers–Emergency water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions for stage 5 of this plan when the city manager, or his/her designee, determines that a water supply emergency exists based on:
(i) Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(ii) Natural or man-made contamination of the water supply source(s).
(B) Requirements for termination. Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(h))
Sec. 22.06.009 Drought response stages
(a) Generally. The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 22.06.008 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(1) Notification of the public (all trigger stages): The city manager or his/her designee shall notify the public by means of:
(A) Publication in a newspaper of general circulation (the Beaumont Enterprise);
(B) Public service announcements (local television and radio stations).
(2) Additional notification: The city manager or his/her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
(A) The mayor and members of the city council and the city fire department (all trigger stages);
(B) City and/or county emergency management coordinator (trigger stage 3 or above);
(C) TCEQ (required when mandatory restrictions are imposed) (triggers 4 and 5);
(D) Major water users (trigger stage 3 and above);
(E) Critical water users, i.e., hospitals, prisons, etc. (trigger stage 3 and above);
(F) Parks/street superintendents and public facilities managers (any trigger stage).
(b) Stage 1 response–Mild water shortage conditions.
(1) Goal. Achieve a voluntary eight (8) percent reduction in total water demand. (2) Supply management measures.
(A) Reduced flushing of water mains;
(B) Discontinue fire hydrant flushing;
(3) Voluntary water use restrictions.
(A) Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(B) All operations of the city shall adhere to water use restrictions prescribed for stage 2 of the plan.
(C) Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(c) Stage 2 response–Moderate water shortage conditions.
(1) Goal. Achieve a ten (10) percent reduction in total water demand.
(2) Supply management measures.
(A) Reduced or discontinued flushing of water mains;
(B) Discontinue fire hydrant testing;
(C) Reduced or discontinued irrigation of public landscaped areas;
(D) Implement measures to return all system components to full production capacity.
(3) Water use restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(A) Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or a drip irrigation system.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (C) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight.
(D) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(E) Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(F) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the city, the facility shall not be subject to these regulations.
(G) All restaurants are prohibited from serving water to patrons except upon request of the patron.
(H) The following uses of water are defined as non-essential and are prohibited:
(i) Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(ii) Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(iii) Use of water for dust control;
(iv) Flushing gutters or permitting water to run or accumulate in any gutter or street; and
(v) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(d) Stage 3 response–Severe water shortage conditions.
(1) Goal. Achieve a twelve and one-half (12.5) percent reduction in total water demand.
(2) Supply management measures.
(A) All measures described for stage 2;
(B) Aggressively locate and repair major water main leaks and breaks.
(3) Water use restrictions. All requirements of stage 2 shall remain in effect during stage 3 except:
(A) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(B) The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the city. (e) Stage 4 response–Critical water shortage conditions.
(1) Goal. Achieve a fifteen (15) percent reduction in total water demand.
(2) Supply management measures. All measures described in stages 2 and 3.
(3) Water use restrictions. All requirements of stage 2 and 3 shall remain in effect during stage 4 except:
(A) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems is prohibited at all times.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial carwashes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(C) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi- type pools is prohibited.
(D) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(E) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect.
(F) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(f) Stage 5 response–Emergency water shortage conditions.
(1) Goal. Achieve a thirty (30) percent reduction in total water demand.
(2) Supply management measures. All measures described in stages 2, 3, and 4.
(3) Water use restrictions. All requirements of stage 2, 3, and 4 shall remain in effect during stage 5 except:
(A) Irrigation of landscaped areas is absolutely prohibited.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(C) All water usage except that required to protect the public health, safety, and welfare is prohibited.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(i)–(n); Ordinance 08-040, sec. 30, adopted 5/13/08)
Sec. 22.06.010 Enforcement (a) No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city manager, or his/her designee, in accordance with provisions of this plan.
(b) Any person who violates this plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand dollars ($2000.00). Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three (3) or more distinct violations of this plan, the city manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at seventy-five dollars ($75.00), and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c) Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children, and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.
(d) Any employee of the city, police officer, or other city employee designated by the city manager may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, and the offense charged, and shall direct him/her to appear in the city municipal court on the date shown on the citation, for which the date shall not be less than three (3) days nor more than ten (10) days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over fourteen (14) years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in the city municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in the city municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(o))
Sec. 22.06.011 Variances
(a) The city manager, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(1) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within five (5) days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the following:
(1) Name and address of the petitioner(s).
(2) Purpose of water use.
(3) Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this article.
(5) Description of the relief requested.
(6) Period of time for which the variance is sought.
(7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(8) Other pertinent information.
(c) Variances granted by the city manager shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee:
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(p))
Sec. 22.06.012 Application of plan to wholesale customers of city water system
(a) Pro rata water allocation. In the event that the triggering criteria specified in section 22.06.008(3) of the plan for stage 3 severe water shortage conditions have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section 11.039 and according to the following water allocation policies and procedures:
(1) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the city based on the city manager’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city as conditions warrant. Once pro rata allocation is in effect, water diversions or by deliveries to each wholesale customer shall be limited to the allocation established for each month.
(2) A monthly water usage allocation shall be established by the city manager or his/her designee, for each wholesale customer. The wholesale customer’s water usage baseline will be computed on the average water usage by month for the 1995–2000 calendar year period. If the wholesale water customer’s billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The city manager shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the TCEQ upon initiation of pro rata water allocation.
(4) Upon request of the customer or at the initiative of the city manager the allocation may be reduced or increased if:
(A) The designated period does not accurately reflect the wholesale customer’s normal water usage;
(B) The customer agrees to transfer part of its allocation to another wholesale customer; or
(C) Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
(b) Enforcement. During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries:
(1) One hundred ten (110) percent of the normal water charge for water diversions and/or deliveries in excess of the monthly allocation up through five (5) percent above the monthly allocation.
(2) One hundred twenty (120) percent of the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from five (5) percent through ten (10) percent above the monthly allocation.
(3) One hundred fifty (150) percent of the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from ten (10) percent through fifteen (15) percent above the monthly allocation.
(4) Two (2) times the normal water charge for water diversions and/or more than fifteen (15) percent above the monthly allocation.
(5) The above surcharges shall be cumulative.
(c) Variances.
(1) The city manager, or his/her designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met:
(A) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(B) Alternative methods can be implemented which will achieve the same level of reduction in water use.
(2) Persons requesting an exemption from the provisions of this plan shall file a petition for variance with the city manager within five (5) days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the city council, and shall include the following:
(A) Name and address of the petitioner(s); (B) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article;
(C) Description of the relief requested;
(D) Period of time for which the variance is sought;
(E) Alternative measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date;
(F) Other pertinent information.
(3) Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city or its designee:
(A) Variances granted shall include a timetable for compliance.
(B) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28- 59(q); Ordinance 08-040, sec. 30, adopted 5/13/08) APPENDIX H
CITY OF BEAUMONT GRADING PERMIT APPLICATION
City of Beaumont, Texas
Grading Permit Information
General Information The permit application shall be signed by the property owner (or leasee) or his authorized representative and by the contractor (if applicable). A Grading Permit authorizes a construction operator (Property Owner or Leasee) to conduct grading activities. The permit shall be displayed at the grading site. The Grading Permit must be obtained from the City Engineer at least two (2) working days prior to commencement of any grading and will not be issued if the applicant is in violation of any provisions of the City Watershed Protection Ordinance. No grading for any purpose can take place prior to the date of commencement of grading as specified in the Grading permit. Grading must be started no later than thirty (30) calendar days after the date of commencement of grading specified in the Grading Permit. If grading is not started within thirty (30) calendar days, the Grading Permit shall become void. Applications for a change in the date of commencement of grading specified in the Grading Permit must be made at least two (2) working days prior to the date of the proposed change. No grading can take place after, the completion of the period of grading authorized by the Grading Permit. Application for a change in the date of completion of a grading specified in a Grading Permit must be made at least two (2) working days prior to the date of the originally specified completion date or latest previously approved date of completion.
A Notice of Termination of Contruction (NOTC) shall be submitted to the City Engineer by the operator at the completion of construction for any site for which a Grading Permit is required or issued. No grading activities can take place after the (NOTG) is submitted.
Grading Plan Application for a Grading Permit shall require the submission of a Grading Plan to the City Engineer for review. The plan shall identify areas and types of grading proposed, and lands to be graded that will, after completion of grading activity, allow storm water penetration (soil/vegetated surfaces) or be impervious to storm water (concrete surfaces, building roofs, asphalt surfaces, other surfaces). The plan shall provide information as to how discharge of pollutants from the grading site will be minimized.
Amendments to Grading Permit Amendments to a grading permit can be made by filing an Application of Amendment to Grading Permit.
Exemptions to Grading Permit Requirement Certain parties and activities are exempt from the grading permit requirement. See the document entitled “Grading Permit Exemptions” for more information.
Page 1 of 7
City of Beaumont Grading Permit Application (Must be accompanied by a completed Grading Plan)
Date :______
1. Property Owner or Leasee Information.
Owner □ Leaasee □ Name: ______
Mailing Address : ______City: ______State ______Zip ______Telephone Number : ______Fax :______Business Name: (if applicable) ______Business Telephone : ______Fax : ______
Name of On-Site Representative : ______On-Site Representative Telephone: ______Fax : ______
2. Contractor Information (Not required if the Owner/Leasee is to perform all work)
Contractor : ______
Business Name: ______Business Address:______City: ______State: ______Zip: ______Business Telephone: ______Business Fax: ______
Name of On-Site Representative: ______On-Site Representative Telephone: ______Fax: ______
3. Grading Information
Project Description: ______Address or Location of Project: ______Reason for grading: ______
Date grading will commence: (Must be completed) ______Proposed date grading will be completed: ______Site Dimensions: (Square Feet) ______Total Area of Land Disturbance (Square Feet) ______
Page 2 of 7
4. Certifications
Owner and Leasee Certification I hereby cerify that I am authorized by the Owner Or Leasee to apply for a Grading Permit under The City Wastershed Protection Ordinance and that the information provided on this application Is true and correct.
______Owner / Leasee Signature Date Title Firming Representing
Contractor Certification (Not required if the Owner/Leasee acts as the contractor)
I hereby certify that I am Authorized by the Contractor to apply for a Grading Permit under the City Watershed Protection Ordinance and that the information provided on this application is true and correct.
______Contractor Signature Date Title Firming Representing
______For City Use Only
Date Application Received: ______Permit Number: ______
Late Filing: Yes / No
City Engineer Approval: ______Date: ______
Page 3 of 7
Name: ______City of Beaumont Standard Grading Plan Location: ______Grading Permit Number: ______
City of Beaumont Grading Plan
A grading plan is required for all City of Beaumont grading permits. The plan describes required storm water quality protection activities that must occur at grading sites. The activities are as follows; Temporary erosion control measures Concrete Washout Requirements Operational Requirements Final stabilization of the site
Temporary Erosion Control Measures
The grading plan must incorporate one or more of the following listed control measure options listed below. The combined use of control measures or the use of control measures not listed below is permissible if adequate technical information is attached to the grading plan that demonstrates equivalency. Each control measure selected must be added to the site map and clearly labeled. Please refer to Appendix A, “Specifications and Details” for a complete description and design criteria for each of the below listed control measures.
Check all methods you intend to employ to control erosion at tracking □ 5’ Vegetative Buffer Strips (Not suitable alone for projects that disturb land surface in excess of 1 acre) □ Silt Fence □ Hay bales □ Inlet Protection □ Berms □ Grassy swales □ Rock Berm/Filter □ Equipment Wash rack □ Stabilized Construction Site Exist □ other controls (specify): ______
Approved Best Management Practices related to concrete washout at your job site:
1. Equipment used for mix, transport, convey, and/or place concrete shall be washed on the construction site.
2. Include the location where concrete washout water will be collected and contained on the grading plan (Sheet 6 of 7).
3. Location of washout shall be at least 30 feet from any sewer, drain, catch basin, or body of water.
Page 4 of 7
4. Concrete washout water shall be contained on-site until completely evaporated or treated off-site.
5. Hardened concrete remaining after evaporation shall be disposed of off-site.
6. Mud and or dirt tracking onto public roadway shall be cleaned after hauling or after each working day activity.
Operational Requirements
The site must be operated during all phases of construction so that all storm water quality control measures are properly installed and adequately maintained, and all sources of construction related pollutants are prevented from entering the City’s storm drain system. (Pollutants of concern: cement materials, lime paint and paint products, materials containing heavy metals, masonry products, trash or other solid construction waste, and other environmentally harmful materials.) The site must be operated during all phases of construction in a fashion to reduce the tracking of materials such as soil, dirt or other sediment materials on to the City’s streets or storm drainage system. Existing grass or vegetation should be preserved where possible.Operators of concrete trucks are prohibited from allowing concrete washout or wash water to be discharged to the City’s storm drainage system. Stock Piled Materials (sand, clay, fill material, gravel, etc.) must be stored in an orderly fashion well within the grading site boundary. Use sod, fast growing grasses (rye or millet grass) or other suitable means to temporarily prevent erosion in that area. The discharge of excessive dirt or sediment from the grading site is prohibited. Adequate trash and construction debris containers must be maintained. The grading permit and associated site plan must be posted on the grading site until such time as construction has terminated and a Notice of Termination of Grading (NOTG) has been filed with the City Engineer. All grading plans must address all of the above operational requirements. Failure to comply with the above requirements will be a violation of the City’s watershed protection ordinance enforceable by fines of up to $2000.00 per day violation.
Page 5 of 7
Name: ______City of Beaumont Standard Grading Plan Location: ______Grading Permit Number: ______
Final Stabilization of the Site
Check each type of site stabilization that will be used in the final stabilization of the site.
□ Sod strips: Grass and soil strips used to cover exposed soil surfaces. □ Permanent Seeding; Broadcasting or sowing grass seed with the intention of covering the exposed soil surfaces. Seeding must include adequate watering, to establish and maintain growth of grasses. □ Landscaping: planting of decorative plants to enhance the appearance of Structures. □ Impervious Surfaces: Concrete slabs, driveways, buildings or any other permanent structural ground cover. Protects the underlying soil from erosion.
Final Stabilization Criteria
All grading activities must be complete. The site must be free of potential construction associated pollutants. Earthen surfaces must be covered at least 70% by grass or other suitable vegetation to be considered stabilized. A Notice Of Termination of Grading (NOTG) form must be completed and submitted to the City Engineer when the site is stabilized.
Please sketch the grading site in the space below and indicate the location of Best Management Practices and temporary erosion control measures: (Development Project Grading Plans must attach an approved Site Plan)
Page 6 of 7
City of Beaumont, Texas
Notice of Termination of Grading (NOTG)
1. Project Information
Project name:______City grading permit number:______Date orginal grading permit was issued:______
2. Stabilization Description
Description of completed stabilization, including means, method and extent:______Stabilization actions to be performed after issuance of NOTG: ______Parties responsible for completing stabilization activities after issuance of NOTG (name, address, telephone number) :______Date activities will be performed by :______
3. Certification
I hereby certify that the site has been stabilized or will be stabilized as described above and in the site grading plan and that I am authorized by the site Owner or Leasee to apply for an NOTG under the City Watershed Protection Ordianance.
______Applicant Signature Date Title Firm Representing
I hereby certify that the site has been stabilized or will be stabilized as described above and in the site grading plan and that I am authorized by the Contractor to apply for an NOTG under the City Watershed Protection Ordinance.
______Applicant Signature Date Title Firm Representing
Page 7 of 7
APPENDIX I
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D D D D D ¹ ¹ ¹ ¹ ¹ 2 3 4 5 6 1 APPENDIX J
SITE SURVEY
APPENDIX K
PRELIMINARY SITE PLAN
T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 FIRM T.X.L.S. #1160 FIRM T.B.P.E.
18169
(409) 832-7238 FAX (409) 832-7303 (409) FAX 832-7238 (409)
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, COURT, CORNERSTONE 1405 PROJECT NO. PROJECT
SHEET NO. SHEET Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\Humane Society City Maps.dwg Dec 19, 2018 02:56pm 2018 19, Dec Maps.dwg City Society Dr\Correspondence\Humane Major Society Humane - Q:\PROJECTS\18169 FIRE HYDRANT STORM INLET STORM PIPE 6" WATER LINE 6" SAN. SEWER SANITARY MH W SS v v
v v v v
v
W W W
v
SS v
v
v
FM W SS v v v v v v v v 18" STORM LINE v v v v v v v v v v v v
v v
v
v v v v v v v v v v v v
v
v v v v v v v v v v v APPENDIX L
CITY OF BEAUMONT BUILDING PERMIT FEE SCHEDULE
APPENDIX M
CITY OF BEAUMONT WATER MAP SITE
THIS DRAWING WAS OBTAINED FROM THE Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\Humane Society City Maps.dwg Dec 06, 2018 09:50am CITY OF BEAUMONT FOR VIEW PURPOSES ONLY.
SHEET NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 18169 APPENDIX N
CITY OF BEAUMONT SANITARY SEWER MAP SITE
THIS DRAWING WAS OBTAINED FROM THE Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\Humane Society City Maps.dwg Dec 06, 2018 10:00amCITY OF BEAUMONT FOR VIEW PURPOSES ONLY.
SHEET NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 18169 APPENDIX O
CITY OF BEAUMONT STORM SEWER MAP SITE
THIS DRAWING WAS OBTAINED FROM THE Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\Humane Society City Maps.dwg Dec 06, 2018 10:01am CITY OF BEAUMONT FOR VIEW PURPOSES ONLY.
SHEET NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 18169 APPENDIX P
CENTERPOINT GAS MAP 2" GAS
4" GAS 6"CASING
2" GAS
SITE
THIS DRAWING WAS OBTAINED FROM THE Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\Humane Society City Maps.dwg Dec 06, 2018 10:02am CENTERPOINT FOR VIEW PURPOSES ONLY.
SHEET NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 18169 APPENDIX Q
NOAA AERIAL HARVEY IMAGE 09-01-2017 Major Dr.
Praise Church LNVA Canal
SITE
THIS DRAWING WAS OBTAINED FROM THE Q:\PROJECTS\18169 - Humane Society Major Dr\Correspondence\Humane Society City Maps.dwg Dec 06, 2018 10:04am NOAA FOR VIEW PURPOSES ONLY.
SHEET NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 T.X.L.S. FIRM #100186 18169