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Ordinance 2003-13


ORDINANCE NO. 2003-13


AN ORDINANCE AMENDING ARTICLE 12 "APPENDIX "A" (ZONING ORDINANCE) OF THE BASTROP CITY CODE PERTAINING TO EXTERIOR CONSTRUCTION REQUIREMENTS TO ALLOW METAL AS AN EXTERIOR TREATMENT; REPEALING CONFLICTING PROVISIONS, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS,
an applicant has requested that the City consider allowing rusticated metal siding on a wooden structure as part of a themed retail area; and

WHEREAS,
the Planning & Zoning Commission, after notice and hearing, recommended that Section 37 of the Zoning Ordinance be amended as provided herein.

NOW THEREFORE, be it ordained by the City Council of the City of Bastrop, Texas, that:

Part 1:
That Section 37.1 of the Zoning Ordinance (Article 12, "Appendix A") of the Bastrop City Code of Ordinances be amended to read as follows:

37.1 EXTERIOR CONSTRUCTION STANDARDS:

A. Definitions: For the purpose of this section the following definitions shall apply:

1. Masonry exterior construction shall include all construction of stone material (including artificial stone), brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.

The types of allowable masonry construction are listed below:

a. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone and dimensioned stone techniques are acceptable.

b. Brick Material - Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material that meets the latest standard contained within the building code. Unfired or underfeed clay, sand, or shale brick are not allowed.

c. Concrete Masonry Units: Concrete masonry units used for masonry construction shall meet the latest standard contained within the building code. Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish, and be integrally colored. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish.

d. Concrete Panel Construction: Concrete fmish, pre-cast panel or tilt wall construction shall be painted, fluted, or exposed aggregate. Smooth or untextured concrete finishes are not acceptable unless painted.

e. Plaster Finishes: Plaster (stucco) shall have a minimum overall thickness of 7/8".

2. Glass exterior construction shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.

3. Metal exterior construction shall include profiled panels, deep ribbed panels and concealed fastener systems. Metal exterior construction shall be film laminated or baked-on enamel painted to match the wall manufacturer's standards. The following are prohibited when the walls are metal:

a. corrugated panels
b. galvanized, corrugated, aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish

B. Use of corrugated plastic or fiberglass panels is prohibited.

C. Hardy plank or other concrete composite materials may be allowed if approved by the City and found to be of comparable or superior durability and mimic the appearance of other approved materials.

Part 2: That Section 37.2 of the Zoning Ordinance (Article 12, "Appendix A") of the Bastrop City Code of Ordinances be amended to read as follows:

37.2 CONSTRUCTION STANDARDS:

A. Construction standards: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.

1. Residential:

Concrete or metal exterior construction is not permitted on any residential exterior wall.

2. Nonresidential:

a. Metal exterior construction is not permitted on any side that faces or is oriented toward any street or residential zoning district,

b. Exterior construction of masonry, glass, or wood shall have at least fifty percent (50%) of the total exterior walls above grade level, excluding doors and windows, constructed of such masonry, wood or glass materials. The side that faces a public street or residential zoning district cannot be used in calculating the required fifty percent (50%).

c. Metal exterior walled construction may be approved by the City as follows:

1. On accessory buildings that are two hundred forty feet (240') or less.

2. On accessory buildings over two hundred forty (240) square feet if located in the C-1, C-2, and LI zoning districts.

3. Over masonry or other materials as a design motif upon the submittal and approval (considering the size, content, location, theme of the proposal. and the location and character of surrounding uses) of a detailed design plan (including, at a minimum, to scale renderings of exterior elevations, signage, and landscape plans) that illus sates a unified theme and that identifies the metal materials used as an accent or element to accomplish the design goals. No metal exterior construction will be approved if the purpose is to reduce construction costs.

4. On temporary construction buildings with a permit issued by the City Building Official.

Part 6: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable.

Part 7: This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas.

READ and ACKNOWLEDGED on First Reading on the 13th day of May 2003.
READ and ADOPTED on Second Reading on the 27th day of May 2003.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary Teresa Miertschin's signature.

Teresa Miertschin, City Secretary

APPROVED AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorneys

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