Ordinance No. 15,414ORDINANCE NO. 15,414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING, APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE
III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-
RESIDENTIAL ZONES," SECTION 3.10.5 "LANDSCAPING REQUIREMENTS," OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL ZONES,"
SECTION 3.10.7, "OFF-STREET PARKING AND OPEN SPACE AREAS,"
SUBSECTIONS (B) AND (H), OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; DELETING CHAPTER 18, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE XIV, "LANDSCAPING," SECTION 18-1205,
"LANDSCAPING REQUIREMENTS," OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; 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 III "Design and
Compatibility Standards," Division 3 "Non -Residential Zones," Section 3.10.5 "Landscaping requirements"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE III. DESIGN AND COMPATABILITY STANDARDS
DIVISION 3. NON-RESIDENTIAL ZONES
Sec. 3.10.5. Landscaping requirements.
(c) Required Landscaped Open Spaces. The owner of the property on which an off-street parking area
is located shall be required to provide interior landscaped open spaces for any parking lot 5,000
square feet or larger. All areas within the parking lot's perimeter are counted toward the landscape
requirement, including the planting islands, curbed areas, parking spaces, and all interior driveways
and aisles. The required landscape open space area shall be calculated as follows:
Total Off-street Parking Area
Percent of the Off-street Parking Area that must
be a Landscaped Open Space Area
5,000-9,999 square feet
5 percent
Over 9,999 square feet
7 percent
At least 50 percent of the required landscaped open space shall be located within the parking lot as
an island or as a peninsula in order to be applied towards the landscaped requirements of this
section. The remaining 50 percent of the required landscape open space may be located outside of
the parking lot, but must be located forward of the rear building line of the primary structure and
be visible from the public street.
(1) A minimum of one shade tree and four shrubs shall be planted and maintained for each 350
square feet or portion thereof of landscaped open space area. Credit may be given or
received for preservation of existing trees as follows; provided, that the existing trees are
located near or within the parking lot's perimeter, in good form and condition and
reasonably free of damage by insect, disease or other affliction, as determined by the
director:
Existing Tree Caliper
Tree Credit
1 %2-6 inches
1
6-12 inches
2
Over 12 inches
3
(2) Groundcover or mulch is required in swales, drainage areas, parking lot islands, landscape
reserves and all unpaved portions of the property that is not otherwise used for a parking
lot, building site or other improvement.
(3) All persons subject to this ordinance must replace dead landscaping or landscaping that has
been removed by any means and for any reason within 45 days of receipt of written
notification by the director. Failure to replace landscaping as required by this section shall
constitute a violation of this article punishable as provided in section 18-1208.
(4) That portion of any off-street parking area, not otherwise required by section 112-4 that is
located at a site primarily used for the storage of vehicles is exempt from the requirements
of this section. Additionally, public schools of an elementary or secondary level and
recreational areas owned by such schools shall be exempt from the requirements of this
section.
(5) The landscaping requirements of this section shall not be required for heavy industry uses
in a HI zoning district.
(d) Streetscape ...
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Section 2: That Appendix A "Unified Land Development Code," Article III "Design and
Compatibility Standards," Division 3 "Non -Residential Zones," Section 3.10.7 "Off-street parking and open
space areas," Subsections (b) and (h) of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE III. DESIGN AND COMPATABILITY STANDARDS
DIVISION 3. NON-RESIDENTIAL ZONES
Sec. 3.10.7.Off-street parking and open space areas.
(b) Granting of exceptions. The planning and development director is granted the authority to issue an
administrative variance where there are minor discrepancies with regard to the requirements
established in this section, where it is determined that the literal application of such requirements
would constitute an undue hardship with regard to the applicant's particular circumstances and
would not be essential in accomplishing the objectives of this chapter. In areas that are fully or near
fully developed, a variance of up to 30 percent of the number of off-street parking spaces required
in this chapter shall be allowed by the planning and development director. If the applicant is
dissatisfied with the decision of the planning and development director with regard to a requested
exception, he shall be entitled to appeal such decision to the board of adjustment and appeals.
(h) Design standards. Geometric design standards for driveways and off-street parking stalls are set
forth in appendix 1 to chapter 112, which is on file in the offices of the city clerk. Curb cuts shall
conform to standards established in the engineering department. Permits for all curb cuts will be
issued by the chief building official.
Section 3: That Chapter 18, "Buildings and Building Regulations," Article XIV,
"Landscaping," Section 18-1205, "Landscaping requirements" of the Code of Ordinances, Baytown, Texas,
is hereby deleted.
Section 4: 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 5: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 13`h day of April, 2023.
BRANDON CAPETILLO, Mayor
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ANGELA CKSON, Ci
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APPROVEAM TO FORM:
SCOTT LEMOND, City Attorney
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