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,
the City would like to encourage economic development within the Light
Industrial Zoning District that is both quality construction and cost
effective; 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 as follows:
37.1 EXTERIOR CONSTRUCTION
STANDARDS:
A. Definitions: For the purpose of this section the
following definitions shall apply:
3. Metal exterior construction shall include profiled
panels, deep ribbed panels and concealed fastener systems. Metal exterior
construction shall be (1) finished with a manufacturer's permanent
finish material, such as baked on enamel or epoxy/resin finish, or
(2) painted in accordance with the wall manufacturer's specifications.
All such exterior metal walls shall be required to have a profiled
surface. 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
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4. Siding
shall include fiber cement (e.g. Hardiplank) or wood products excluding
vertical panels.
Part 2: That Section 37.2 of the Zoning Ordinance
(Article 12, "Appendix A") of the Bastrop City Code of Ordinances
be amended 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 Zoning Districts:
a. Concrete, excluding
`siding' as defined above, or metal exterior construction is not permitted
on any structural exterior wall in any residential use zoning district.
2. Nonresidential Zoning
Districts, excluding Residential and Light Industrial (LI):
a. Exterior construction
on any building/wall side that faces or is oriented toward any street
or residential zoning district shall have 100% of the total exterior
walls above grade level, excluding doors and windows, constructed
of masonry, siding, wood, or glass materials.
b. Exterior walls, other
than walls that face and/or are adjacent to any street or any residential
zoning district, shall have at least fifty percent (50%) of the total
of those exterior walls above grade level, excluding doors and windows,
constructed of masonry, siding, wood or glass materials. The exterior
wall areas that face a public street or residential zoning district
cannot be used in calculating the required fifty percent (50%).
c. Metal exterior wall
construction in Non-residential zoning districts excluding Light Industrial
(LI), may be approved by the City as follows:
(1 )On accessory
buildings that are two hundred forty (240) square feet or
less.
(2) On accessory
buildings over two hundred forty (240) square feet if located
in the C-1 and C-2 zoning districts.
(3) Over masonry
or other materials as an architectural 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 illustrates a unified theme and that identifies
the metal materials used as an accent or element to accomplish
the architectural design goals. No metal exterior construction
will be approved if the sole purpose is to reduce construction
costs.
(4) On temporary
construction buildings with a permit issued by the City Building
Official.
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3. Light Industrial (LI)
Zoning District:
a. Metal exterior construction
is not permitted on any building/wall side that faces or is oriented
toward any street or residential zoning district. Said walls shall
have 100% of the total exterior walls above grade level, excluding
doors and windows, constructed of masonry, siding, wood, or glass
materials.
b. Exterior walls, other
than walls that face and/or are adjacent to any street or any residential
zoning district, shall have at least fifty percent (50%) of the total
of those exterior walls above grade level, excluding doors and windows,
constructed of such masonry, siding, wood or glass materials. The
side exterior wall areas that face 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 in the Light Industrial Zoning
District as follows:
(1) On accessory
buildings that are two hundred forty feet (240') square feet
or less.
(2) Over masonry
or other materials as an architectural 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 illustrates a unified theme and that identifies
the metal materials used as an accent or element to accomplish
the architectural design goals. No metal exterior construction
will be approved if the sole purpose is to reduce construction
costs.
(3) On temporary
construction buildings with a permit issued by the City Building
Official.
(4) On structures
that have ground floors (first floor of structure) of 7,000
square feet or greater in area (total ground floor area excluding
parking garages and loading docks) located in Light Industrial
Zoning Districts, provided that:
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(i) All exterior
walls adjacent any street and/or any residential, neighborhood
service, retail, central business or commercial district
shall consist of 100% non-metal materials, such as masonry,
siding, wood, and/or glass.
(ii) All other
exterior walls, excluding those identified in 3.c.(4)(i)
above, may be constructed of metal (excluding corrugated
and galvanized metals) that comply with Section 37.1.A.3
above.
(iii) Galvanized
and corrugated metals are prohibited for use on exterior
walls unless the use of such materials are an approved part
of an architectural `design motif' as defined in 3.c.(3)
above.
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Part 3:
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 4:
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 December 2005.
READ and ADOPTED
on Second Reading on the 10th day of January 2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
Brown & Carls,
LLP
City Attorneys
