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Ordinance No. 15,133 ORDINANCE NO. 15,133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.07 "DENSITY AND USE," TABLE 2-1 "NET DENSITY/ALLOWED USE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,TO ADD A COLUMN FOR"UP TO 15,MU;"AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES,"TABLE 2-4 "RESIDENTIAL USES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," ITEM I AND ITEM 14A, OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS," TABLE 3-1 "PROPERTY DEVELOPMENT STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 2 "Zoning Districts," Section 2.07 "Density and use," Table 2-1 "Net Density/Allowed Use," of the Code of Ordinances, Baytown, Texas, is hereby amended by establishing a maximum density of 15 units an acre for the MU residential zone, which table shall be read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 2. ZONING DISTRICTS 1 Sec. 2.07 Density and use. A mix of residential uses shall be allowed in SF2, MU, MF1, and MF2 zoning districts according to density as shown in table 2-1. Table 2-1. Net Density/Allowed Use Density Up to 1 Up to 4 Up to 9 Up to 15 Up to 15 Up to 23 !gyp to 30 SFE SH SF2 MU MF1 MF2 MF-1 Single-family detached Single-family attached Two-family duplex Multifamily Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table 2-2 "Non-residential uses" of the Code of Ordinances, Baytown, Texas, is hereby amended by defining a "Mixed-use building" type, which table shall be read, in part, as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3. LAND USE TABLES AND CONDITIONS Sec. 2.09 Land use tables. Table 2-2. Non-residential uses. USES MU JMMMM,Ll HI COND REF Dwelling unit PC PC PC A44 Mixed-use building PC PC A44 Section 3: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 3 "Land Use Tables and Conditions," Section 2.09, "Land use tables," Table 2-4 "Residential uses," of the Code of Ordinances, Baytown, Texas, is hereby amended to permit certain land uses such as two-family duplex, single-family residential attached, and community services, which table shall be read, in part, as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3. LAND USE TABLES AND CONDITIONS 2 Sec. 2.09 Land use tables. Table 2-4. Residential uses. OR COND LRE Community services PC PC PC PC PC PC PC PC PC 136-7 Single-family 1314, residential attached P(I PC PC PC P PC 1314A, B21 Public park P P P P P P P P P P Places of assembly PC PC PC PC PC PC PC PC, PC B 12 Two-family duplex ILI Section 4: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 3, "Land Use Tables and Conditions," Section 2.10, "Land use conditions," Item 1 and Item 14A of the Code of Ordinances, Baytown, Texas, is hereby amended to create conditions for attached single-family residential dwellings in MU and remove conditions for two- family residential dwellings in MU, which shall be read, in part, as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3. LAND USE TABLES AND CONDITIONS Sec. 2.10 Land use conditions. able Conditions B.Residential Categories 1 Accessory ... dwelling units (d) The total living area of the accessory dwelling unit shall be allowed up to 25 percent of the square footage or up to 600 square feet of the living area of the primary residential dwelling,whichever is greater. 14A Single-family MU (a) Required parking areas and garages shall be accessed located dwelling attached to the rear of the building,or located in the street side yard where feasible. (b) A home owner's association shall be established and made responsible for the perpetual maintenance and repair of common areas. (c) The maximum number of units per building is eight. (d) The minimum number of units per building is three. (e) Each dwelling unit shall have a front and a back door on the round floor that exits to the exterior. Section 5: That Appendix A "Unified Land Development Code," Article III "Design and Compatibility Standards," Division I "Property Development Standards," Table 3-1 "Property Development Standards," of the Code of Ordinances, Baytown,Texas, is hereby amended by establishing Residential Land Use Property Development Standards for the MU district which table shall be read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 1. PROPERTY DEVELOPMENT STANDARDS Table 3-1. Property development standards. Non-Residential MU* NSC GC* LC - � .. Zoninggo Zoning 2101 Category Minimum lot size 43,560 See Tb. See Tb. See Tb. See Tb. See Tb. 1.25 AC 5,400 (square feet) 2-1 2-1 2-1 2-1 2-1 4 -' Minimum front setback 25 15 15 15 20 25 25 15 Minimum rear setback 10 10 10 5 10 10 10 10 Minimum interior side 15 5 5 5 7.5 15 15 5 setback Minimum street side -,5 setback 15 15 10 20 25 25 10 ` Maximum height(in 50 35 35 40 35 50 60 40 feet) Percent maximum lot 50 60 60 90 50 70 80 70 coverage Minimum lot frontage 125 75 50 25 25 F2O 60 50 required(linear feet) *Flag lots are permitted in this district that do not meet the minimum lot frontage required subject to the provisions of section 3.01,subsection(e). Section 6: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies, such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 7: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency. In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional,void, or invalid,such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 9: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten(10) days after passage of this ordinance. 5 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 141h day of July, 2022. NDON CAPETI LO, Mayor ATTEST: �O�•epY706Y4 "' o0 ANGEL C , City C s i �o • .00 APPROVED A TO RM: AF OF SCOTT LEMIT D, City Attorney RAKaren AndersonlORDINANCES\2022\2022.07.14UNixedUseZoningDistrictAmendments-SL 6