Ordinance No. 15,891 ORDINANCE NO. 15,891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE,"IN WHOLE;AMENDING THE CODE OF
ORDINANCES, BAYTOWN,TEXAS,TO ADOPT CHAPTER I I I TO THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, "UNIFIED LAND DEVELOPMENT CODE;"
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO
EFFECTUATE ZONING DISTRICT CHANGES AS ADOPTED BY THIS
ORDINANCE IN CHAPTER I I I TO THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, "UNIFIED LAND DEVELOPMENT CODE;" PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO 100 DOLLARS ($2,000.00) FOR
REGULATIONS GOVERNING FIRE, SAFETY, ZONING OR PUBLIC HEALTH OR
SANITATION AND A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 100
DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; 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,"of the Code of Ordinances,
Baytown,Texas, is hereby repealed in its entirety.
Section 2: That the Code of Ordinances, Baytown, Texas, is hereby amended to include the
regulations attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, which
regulations shall be included as Chapter I I I of the Code of Ordinances, Baytown, Texas, "Unified Land
Development Code."
Section 3: That the City Council of the City of Baytown, Texas, hereby amends the official
zoning map of the City of Baytown to effectuate zoning district changes as adopted by this ordinance in
Chapter I I I to the Code of Ordinances,Baytown,Texas,"Unified Land Development Code."The amended
official zoning map is attached hereto as Exhibit"B" and incorporated herein for all intents and purposes.
Section 4: Any person who fails to comply with any provision contained in Section 2 of this
ordinance shall be guilty of a misdemeanor and,upon conviction,shall be punished by a fine not exceeding
TWO THOUSAND AND NO.00 DOLLARS($2,000.00). Each act of violation and each day upon which
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 5: Except as provided in Section 3 of this ordinance,any person who fails to comply
with any provision of this ordinance hereof shall be guilty of a misdemeanor and, upon conviction,shall be
punished by a fine not exceeding FIVE HUNDRED AND NO 100 DOLLARS ($500.00). 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 6: 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,
and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
Section 7: 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 8: This ordinance shall take effect on January 1, 2025. 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 the ten (10) days preceding January 1, 2025.
Nothing in this ordinance shall pre%ent any person from choosing to act in compliance with the regulations
detailed in Exhibit"A" prior to the effective date of this ordinance. Further, no person who, between the
date of passage of this ordinance and its effective date, acts in compliance with Exhibit "A," shall be
considered to be in violation of the then-applicable Appendix A, "Unified Land Development Code,"of the
Code of Ordinances, Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12'I'day of September, 2024.
BRANDON CAPETILLO, , ayor
ATTEST:
ANGELA ACKSON, 6ty
i✓'�� Jn C.i tlOtl4 .� `
APPROVED A T FORM .`_
SCOTT L D, City Attorney
R:Ordinances and Resolutions Ordinance Drafts 9 12 2024 Ordinance Repealing Appendix A and Zoning Map,Adopting Ne%%Appendix A The
New Unified Land Development Code docx
2
Unified Land Development Code
Baytown, TX 1
CHAPTER 111: UNIFIED LAND DEVELOPMENT CODE
(PROPOSED)
Contents:
Article 1 General Provisions
Article 2 Zoning Districts and Dimensional Standards
Article 3 Development Standards
Article 4 Subdivision Design
Article 5 Environmental Management
Article 6 Development Review Bodies
Article 7 Development Review Procedures
Article 8 Nonconformities
Article 9 Enforcement, Violations, and Penalties
Article 10 Word Usage
Appendix A Plant List
ARTICLE 1 GENERAL PROVISIONS
Contents:
Division 1.1 Jurisdiction and Authority
Division 1.2 Effect of ULDC
Division 1.1 Jurisdiction and Authority
Sec. 1.11 Title
This document is entitled the "Unified Land Development Code," which governs all development in the City of
Baytown, Texas, and may be referenced as the "ULDC."
Sec. 1.12 Purposes
The City Council adopts this ULDC for the purpose of to protecting the health, safety, and general welfare of the
current and future residents of the City in accordance with the goals of the Comprehensive Plan. The provisions of
this ULDC are specifically designed to:
A.Health, Safety, and General Welfare. Promote health, safety, and general welfare; by:
1. Ensuring the provision of adequate light and air;
2. Promoting public safety from fire, flooding, and other natural and man-made disasters, and other
dangers with appropriate subdivision and site design;
3. Preventing the overcrowding of land; and, promoting a healthful and convenient distribution of
population by regulating the intensity and density of development;
EXHIBIT "A"
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4. Ensuring an adequate street network to lessen congestion in the streets;
5. Facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public
requirements for the benefit of the citizens of Baytown; and
6. Preserving and protecting existing trees and vegetation, floodplains, stream corridors, scenic views, and
other areas of scenic and environmental significance from adverse impacts of land development.
B.Quality of Life. Protect the quality of life of City residents, business owners, employees, and visitors by:
1. Improving the city’s appearance through the regulation of design, where such regulations are
appropriate;
2. Avoid undue concentration of population;
3. Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and
infill development;
4. Protecting the character and stability of agricultural, residential, institutional, commercial, industrial,
and natural areas; and
5. Economic Development. Encourage economic opportunities, particularly those that have meaningful
multiplier effects on the local economy, by promoting the vitality and development of resilient
commercial and industrial districts.
C.Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. Encouraging the most appropriate, efficient, and compatible use of land, buildings, and other structures
throughout the City;
2. Securing economy in government and private sector expenditures by promoting efficiency in
development review;
3. Encouraging infill development, where appropriate, in order to make efficient use of existing public
infrastructure;
4. Facilitating greenfield development, where appropriate, in order to capitalize on valued natural
features; and
5. Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible
with adjacent land uses and have good transportation access.
D.Transparency and Streamlining. Provide transparent regulations and review procedures for development
and outline the duties and powers of responsible administrative, elected, and appointed review bodies to
maintain public trust.
E.Stability. Promote the stability of existing land uses that conform with the Comprehensive Plan and protect
the existing land uses from inharmonious influences and harmful intrusions.
Sec. 1.13 Authority and Jurisdiction
A.Authority. The City Council adopts this ULDC pursuant to:
1.State Statutes. The authority granted by Article XI, Section 5 of the Constitution of the State of
Texas and laws of the State of Texas, including but not limited to the following provisions of the Texas
Local Government Code (TLGC), and the Texas Water Code (TWC):
a. TLGC Chapter 211, Municipal Zoning Authority;
b. TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
c. TLGC Chapter 213, Municipal Comprehensive Plans;
d. TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
e. TLGC Chapter 216, Regulation of Signs by Municipalities;
f. TLGC Chapter 242, Authority to Regulate Subdivisions In and Outside Extraterritorial Jurisdiction;
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g. TLGC Chapter 243, Municipal and County Authority to Regulate Sexually Oriented Business;
h. TLGC Chapter 244, Location of Certain Facilities and Shelters;
i. TLGC Chapter 245, Issuance of Local Permits;
j. TLGC Chapter 246, Construction of Certain Telecommunications Facilities;
k. TWC Sec. 16.315, Political Subdivisions; and
l. Additional authority as may be conferred by the Texas Statutes.
2.Charter. The provisions of the City's Home Rule Charter and Code of Ordinances.
B.Jurisdiction.
1.City Limits. All provisions of this ULDC shall apply to all land within the City limits, unless otherwise
specifically stated in this ULDC.
2.Extraterritorial Jurisdiction. The provisions in Article 4, Subdivision Design, Division 3.4, Tree
Preservation, Landscaping, and Buffering, and Division 3.6, Signs, apply within the extraterritorial
jurisdiction (ETJ) of the City of Baytown, Texas, which is currently three and a half miles as defined by
state law.
Sec. 1.14 Enactment, Repeal, and Effective Date
a.Enactment and Repeal. The enactment of this ULDC shall repeal and replace the following chapters of the
City of Baytown Code of Ordinances, as amended:
1.Subpart B, Land Development Code, including:
i. Ch. 114, Sewer and Water Line; and
ii. Ch. 122, Streets and Sidewalks.
2.Appendix A, Unified Development Code.
b.Effective Date. The effective date of this ULDC is January 1, 2025, which shall be the date when this ULDC
enters into the full force of law.
Division 1.2 Effect of ULDC
Sec. 1.21 Compliance with ULDC
A.Applicability of ULDC. No person may use, occupy or develop land, buildings or other structures or authorize
or permit the use, occupancy or development of land or buildings or other structures except in accordance
with all sections of this ULDC. For purposes of this Section, the "use" or "occupancy" of a building or land
relates to anything and everything that is done to, on, or in that building, structure, or land.
B.Conformity with ULDC. There shall be no land used or subdivided nor structure constructed, occupied,
enlarged, altered, or moved until:
1.Review. The designated bodies vested with the authority to make a final decision on a development
review application under this ULDC finds no conflict with any provision of this ULDC; and
2.Approvals. The applicant obtains all required approvals from the bodies with the designated authority to
issue such required permits or authorizations.
C.Conformity with Comprehensive Plan. It is the intention of the City that these regulations are adopted in
accordance with and to implement the policies adopted for the City, as reflected in the Comprehensive Plan.
Sec. 1.22 Abrogation and Conflicting Provision
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a.Abrogation. Except for those provisions of the City's Code of Ordinances explicitly repealed upon the
adoption of this ULDC, the provisions of this ULDC are not intended to repeal, abrogate, or impair any
existing public or private laws, deed restrictions, covenants, easements, or any other private agreement or
restriction on the use of land.
b.Conflicting Provisions.
1.Public Restrictions. When provisions of this ULDC are inconsistent with one another or when the
regulations of this ULDC conflict with other adopted ordinances or regulations of the City, the provisions
that the Planning Director deems more restrictive shall control, unless otherwise specifically stated. If
the written text of this ULDC is inconsistent with graphic or tabular information, the written text shall
control. If a table in this ULDC is inconsistent with a graphic, the table shall control.
2.Private Restrictions. Private restrictions, including, but not limited to, deed restrictions, covenants, or
easements shall not be interpreted or enforced by the City. Provided that where the provisions of this
ULDC are more restrictive or impose higher standards than a private restriction, the requirements of this
ULDC shall control.
c.Illustrations. Illustrations and photographs in this ULDC are provided for illustrative purposes only and do not
have regulatory authority. In the case of a conflict between the text and any graphics, the text governs.
Sec. 1.23 Transitional Provisions and Vesting
A.General. In accordance with Texas Local Government Code Chapter 245, Issuance of Local Permits, it is the
City's intent to respect approved development applications that were addressed in the adopted regulatory
documents that pre-date this ULDC.
B.Development Approvals that Predate the ULDC.
1.Generally. Development applications submitted prior to the effective date of this ULDC may be carried
out within the scope of the development approval, including applicable standards in effect at the time
of approval, provided that the approval is valid and has not expired.
2.Duration of Approvals. Development approvals that are valid on the effective date of this ULDC are valid
until the expiration date in the approval documents or prior regulations or, if no expiration date is
specified in the approval documents or prior regulations, pursuant to Table 7.210-1, Development
Review Summary Table.
C.Pending Applications.
1.Generally. Except as provided in Paragraph 2, Expired Applications, below, each development
application shall be evaluated in accordance with the adopted regulatory documents in effect at the
time that each complete application is submitted.
2.Expired Applications. Pending development applications that the applicant does not pursue with
diligence may expire pursuant to Section 7.29, Inactive and Expired Applications.
Sec. 1.24 Severability
A.Generally. If a court of competent jurisdiction holds any provision of this ULDC for any reason illegal, invalid,
or unenforceable, the same shall not be construed to affect any other valid portion hereof, and the
remainder of this ULDC shall not be affected and shall remain in full force and effect.
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B.As-Applied. If a court of competent jurisdiction holds any application of a provision of this ULDC to a
particular structure, land, or body of water to be illegal or invalid "as-applied", such decision shall not
apply to any other structure, land, or body of water not specifically included in the judgment.
ARTICLE 2 ZONING DISTRICTS AND DIMENSIONAL STANDARDS
Contents:
Division 2.1 General
Division 2.2 Zoning Districts and Dimensional Standards
Division 2.3 Use Standards
Division 2.4 Measurements and Allowances
Division 2.1 General
Sec. 2.11 Purpose and Applicability
A.Purpose. The purpose of this Article is to:
1.Districts. Establish zoning districts on the Official Zoning Map that will provide for quality development
and that will correspond to the specific purpose statements for each zoning district as set out in
2.13, Zoning Districts Established;
2.Dimensional Standards. Establish standards for building placement, building height, lot area, lot width,
amenity and development type requirements, and density; and
3.Uses. Establish permitted, limited, special, and prohibited uses in each zoning district.
B.Applicability.
1.Effect. The districts set out in this Division apply to all land, buildings, structures, and appurtenances
within the corporate boundaries of the City.
2.Zoning Districts. As of the effective date of this ULDC, land zoned with a district classification from the
previous zoning regulations will be either consolidated into or renamed with a new district designation
in accordance with Sec. 2.13, Zoning Districts Established.
Sec. 2.12 Official Zoning Map
A.Generally. Zoning districts are shown on the map entitled "Official Zoning Map" of the City of Baytown. The
Planning Director and Office of the City Clerk shall each keep a complete copy of the Official Zoning Map in
any convenient format, either electronically or in hard copy, available for inspection during regular business
hours.
B.Force and Effect. The Official Zoning Map and all notations, references, and other information shown on the
map are a part of this ULDC and have the same force and effect as the text of this ULDC.
C.Interpretation of District Boundaries.
1.Generally. This Section shall govern interpretations regarding the location of zoning district boundaries
shown on the Official Zoning Map.
2.Boundaries Following Property Lines. District boundaries shown as approximately following property
lines shall be construed as following such property lines.
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3.Boundaries Following Right-of-Way Lines. District boundaries shown as approximately following right-of-
way lines of a street, highway, alley, railroad or other identifiable boundary shall be construed as
following such right-of-way line or identifiable boundary.
4.Boundaries not Following Identifiable Features. On unsubdivided land or when a district boundary
follows no identifiable feature, the location of district boundaries shall be determined by using the map
scale appearing on the official map, unless the district line is indicated by dimensions printed on the
official map, in which case the printed dimensions shall control.
5.Streets and Rights-of-Way. Streets, alleys, rights-of-way, and other public ways will not be zoned and
shall not affect district boundaries.
6.Body of Water Shorelines. Boundaries indicated as following shorelines shall be construed to follow such
shorelines, and in the event of change in the shoreline shall be construed as moving with the actual
shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals,
lakes, or other bodies of water shall be construed to follow such center lines.
7.Street Abandonments. Whenever any street, alley or public way is abandoned or vacated by official
action of the City Council, the districts adjoining each side of such street, alley, or public way shall be
automatically extended to the centerline of such abandonment or vacation, and all areas included in the
abandonment or vacation shall be subject to the regulations of the extended districts.
8.Uncertainties. Where existing physical or natural features contradict those shown on the Official
Zoning Map or when any other uncertainty exists, the location of district boundaries shall be
determined by the Planning Director.
D.Classification of Annexed Areas. Any annexed land shall be zoned in accordance with its associated future
land use as recommended in the Future Land Use Map in the Comprehensive Plan, unless the owner or
majority of owners of the subject property files a rezoning application, in which case such property shall be
zoned in accordance with Section 7.43, Zoning Map Amendment. The default zoning district upon annexation
for any property that is not classified on the Future Land Use Map shall be Open Space/Recreation (OR).
Sec. 2.13 Zoning Districts Established
The zoning districts outlined in Table 2.13-1, Zoning Districts show the future land use designation from the
Comprehensive Plan that each zoning district implements, list the available development types that are further
articulated in 4.22, Development Types, establish available development types, and identifies the former zoning
district from the predecessor ULDC. Purpose statements for each zoning district are included within each zoning
district in Article 2, Division 2, Zoning Districts and Dimensional Standards.
Table 2.13-1,
Zoning Districts
Future Land Use
Designation
Zoning District
(Abbreviation)Development Type1 Former Zoning District2
Residential Districts
ER, Estate Residential Conventional SFE
Conventional Low Density Residential SR, Suburban Residential Cluster SF1
Mixed Density MR, Mixed Residential Conventional SF2, MF1
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Table 2.13-1,
Zoning Districts
Future Land Use
Designation
Zoning District
(Abbreviation)Development Type1 Former Zoning District2
Infill
ConventionalUR, Urban Residential Infill MF2, MF3
Residential
AR, Alternative
Residential Conventional UN
Mixed-Use Districts
MUN,
Mixed-Use Neighborhood MU, LC
Mixed-Use DTA,
Downtown Arts ACE
San Jacinto Special
Planning Area
SJ,
San Jacinto District
Mixed-Use
San Jacinto Overlay
Nonresidential Districts
Neighborhood-Scale
Commercial
NC, Neighborhood
Commercial NSC
GC, General CommercialLarge-Scale Commercial FC, Freeway Commercial GC
LI,
Light Industrial LI
Industrial HI,
Heavy Industrial
Nonresidential
HI
Recreation and Natural
Areas
OR, Open
Space/Recreation Open Space OR
Special Purpose and Overlay Districts
N/A
PUD,
Planned
Unit Development
Planned PUD
N/A DOD, Drilling Overlay Special Purpose DOD
Table Notes:
1. Refer to Sec. 4.22, Development Types, for more details.
2. The former zoning districts are from the City of Baytown Unified Land Development Code (Ord. No. 11,866, 11,866, § 2(Exh. A),
adopted February 23, 2012) which is repealed on the effective date of this Unified Land Development Code.
Division 2.2 Zoning Districts and Dimensional Standards
Sec. 2.21 Residential District Dimensional Standards
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Baytown, TX 8
Subsec. 2.21-1 General
A.Generally. This Section establishes the dimensional standards for the various housing/building and
development types in the residential zoning districts. Except as provided in Division 2.4, Measurements and
Allowances, and Sec. 4.22, Development Types, no lot shall be reduced in size so that its area, width, setback
requirements, gross density, or other requirements of the standards established in this Section are not
maintained.
B.Setbacks Related to Driveways and Garages. A minimum setback of 25 feet shall apply where a driveway
provides access on a residential property from a street, other than an alley. This maintains an adequately
sized parking space on the driveway between the structure and the street and helps to avoid encroachment
into public sidewalks, despite lower minimum setback standards in the residential zoning districts for the
remainder of the building. See 3.21, General Provisions, for specific requirements for garage orientation and
placement.
C.Measurements and Allowances Reference. Refer to 2.41, Measurements, for explanations of, and special
provisions related to, the measurements and standards within the zoning districts of this Section.
Subsec. 2.21-2 Estate Residential (ER)
1. ER Example Building 2. ER Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
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3. ER Purpose
The purpose of the Estate Residential (ER) district is to
provide for residential dwellings at a very low density.
This district accommodates only detached single-unit
dwellings at a density typically of one dwelling unit per
acre (du/ac) or lower.
4. ER Development Type
Conventional neighborhood on large lots with open
space provided on private individual lots.
5. ER Context and Transition
This district is appropriate for large land holdings in the
low-density residential future land use designation on
the Baytown Comprehensive Plan Future Land Use
Map.
6. ER Residential Lot Density and Dimensions
Conventional
Single-Unit Detached 1
Gross Density
Maximum Dwellings per acre
Single-Unit Detached
Nonresidential
1.0
N/A
Civic and Open Space
Minimum Civic and Open Space Requirement 2 N/A
Lot Dimensions
A
Minimum Lot Area
Single-Unit Detached
Nonresidential
43,560 sf.
43,560 sf.
B
Minimum Lot Width
Single-Unit Detached
Nonresidential
125 ft.
125 ft.
Lot Coverage
Maximum Lot Coverage
Single-Unit Detached
Nonresidential
50%
50%
Building Height
C
Maximum Building Height3
Single-Unit Detached
Nonresidential
50 ft.
50 ft.
Building Setbacks
D
Front
Single-Unit Detached
Nonresidential
25 ft.
50 ft.
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E
Street Side
Single-Unit Detached
Nonresidential
25 ft.
20 ft.
F
Interior Side
Single-Unit Detached
Nonresidential
15 ft.
15 ft.
G
Rear
Single-Unit Detached
Nonresidential
10 ft.
10 ft.
TABLE NOTES:
sf. = Square Feet; ft. = Feet
1. The open space percentage applies to subdivisions rather than individual lots. Refer to Sec. 2.27, Civic and Open Space
Type, for options and standards applicable for required open space.
2. Including industrialized housing on its own lot (applies to all districts where permitted).
3. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. Housing and Building Type Illustrations
Single-Unit Detached Dwelling
Minimum Lot Minimum / Maximum Setbacks
A = Area B = Width C = Maximum Building Height D = Front E = Street Side F = Side G = Rear
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8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
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8. References to Related Standards
Standard Topic Location in ULDC
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.21-3 Suburban Residential (SR)
1. SR Example Building 2. SR Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these building
forms.
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Baytown, TX 13
3. SR Purpose
The purpose of the Suburban Residential (SR) district is
to provide for residential areas that have lower densities
per acre than other areas of the city, typically 4.5
dwelling units per acre (du/ac) or lower.
4. SR Development Type
The conventional development type provides
for medium-sized lots with open space provided on
private individual lots.
The cluster development option provides for smaller lots
with a required percentage of common open
space. Common open space may be used for parks, trails,
or natural areas, to preserve environmental resources,
provide for recreational amenities, promote use
compatibility, or protect natural drainage features.
5. SR Context and Transition
This district is appropriate for smaller land holdings in
the low-density residential future land use designation
on the Baytown Comprehensive Plan Future Land Use
Map.
6. SR Residential Lot Density and Dimensions
Conventional Cluster
Gross Density
Maximum Dwellings per acre
Single-Unit Detached
Single-Unit Attached
4.0
--
4.5
4.5
Civic and Open Space1
Minimum Civic and Open Space Requirement N/A 15%
Lot Dimensions
A
Minimum Lot Area
Single-Unit Detached
Single-Unit Attached
Nonresidential
10,890 SF
--
10,890 SF
7,250 SF
6,500 SF
7,250 SF
B
Minimum Lot Width
Single-Unit Detached
Single-Unit Attached
Nonresidential
75 ft.
--
75 ft.
60 ft.
60 ft.
85 ft.
Lot Coverage
Maximum Lot Coverage
Single-Unit Detached
Single-Unit Attached
Nonresidential
60%
60%
60%
45%
40%
45%
Building Height
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C
Maximum Building Height2
Single-Unit Detached
Single-Unit Attached
Nonresidential
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
Building Setbacks
D
Front
Single-Unit Detached
Single-Unit Attached
Nonresidential
15 ft.
15 ft.
15 ft.
15 ft.
15 ft.
15 ft.
E
Street Side
Single-Unit Detached
Single-Unit Attached
Nonresidential
15 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.
F
Interior Side
Single-Unit Detached
Single-Unit Attached
Nonresidential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
G
Rear
Single-Unit Detached
Single-Unit Attached
Nonresidential
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
TABLE NOTES:
sf. = Square Feet; ft. = Feet
1. The civic and open space percentage applies to subdivisions rather than individual lots. Refer to Sec. 2.27, Civic and Open
Space.
2. The methodology for measuring Maximum Building Height ("C") as presented in the illustrations in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. Housing and Building Type Illustrations
Minimum Lot Minimum / Maximum Setbacks
A = Area B = Width C = Maximum Building Height D = Front E = Street Side F = Side G = Rear
Single-Unit Detached Dwelling
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Baytown, TX 15
Single-Unit Attached Dwelling
Unified Land Development Code
Baytown, TX 16
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Unified Land Development Code
Baytown, TX 17
8. References to Related Standards
Standard Topic Location in ULDC
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.21-4 Mixed Residential (MR)
1. MR Example Building 2. MR Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
Unified Land Development Code
Baytown, TX 18
3. MR Purpose
The purpose of the Mixed Residential (MR) district is to
provide for residential areas that offer a mix of housing
types and densities. New development will have higher
densities per acre than other areas of the city, typically
ranging from 8 to 15 dwelling units per acre (du/ac), or
lower, depending on the housing type. Areas for infill
development may include higher densities of 21 du/ac or
lower. Mixed infill development, of multiple-use types,
is encouraged in these areas.
4. MR Development Type
The conventional development type provides
for medium- to small-sized lots depending on the
housing type and location of the lots.
The infill development type allows for additional density
and land uses compared to the conventional
development option.
5. MR Context and Transition
This district is appropriate for smaller land holdings in
the high-density residential future land use designation
on the Baytown Comprehensive Plan Future Land Use
Map.
6. MR Residential Lot Density and Dimensions
Conventional Infill
Gross Density
Maximum Dwellings per acre 15 du/ac 21 du/ac
Civic and Open Space
Minimum Civic and Open Space Requirement
Single-Unit Attached and Duplex
All Other Permitted Residential
15%
N/A
N/A
N/A
Lot Dimensions
A
Minimum Lot Area
Single-Unit Detached
Single-Unit Attached
Duplex
Townhouse
Multiplex
Nonresidential
5,000 SF
3,500 SF
2,500 SF
2,000 SF
2,150 SF
9,000 SF
3,500 SF
2,750 SF
1,750 SF
1,800 SF
2,125 SF
8,000 SF
B
Minimum Lot Width
Single-Unit Detached
Single-Unit Attached
Duplex
Townhouse
Multiplex
Nonresidential
50 ft.
50 ft.
45 ft.
20 ft.
60 ft.
75 ft.
50 ft.
45 ft.
30 ft.
25 ft.
60 ft.
60 ft.
Lot Coverage
Unified Land Development Code
Baytown, TX 19
Maximum Lot Coverage
All Residential
Nonresidential
60%
70%
60%
70%
Building Height
C
Maximum Building Height2
All Residential
Nonresidential
35 ft./45 ft. (SUD,
SUA, D/TH,MP1)
75 ft.
35 ft./45 ft. (SUD,
SUA, D/TH,MP1)
75 ft.
Building Setbacks
D
Front (Min.)
Townhouse and Multiplex
All Other Permitted Residential
Nonresidential
15 ft.
15 ft.
15 ft.
10 ft.
15 ft.
10 ft.
E
Street Side (Min.)
All Residential
Nonresidential
15 ft.
15 ft.
5 ft.
5 ft.
F
Interior Side (Min.)
All Residential
Townhouse3
Nonresidential
5 ft./7.5 ft. (SUA, SUA,
D/MP)
0 ft./5 ft.
10 ft.
5 ft.
0 ft./5 ft.
5 ft.
G
Rear (Min.)
All Residential
Nonresidential
10 ft.
10 ft.
10 ft./20 ft.
10 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. SUD = Single-Unit Detached; SUA = Single-Unit Attached; D = Duplex; TH = Townhouse; MP = Multiplex.
2. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
3. The first number is the setback for both sides of an interior unit and the second number is the setback for one side of an
exterior unit.
7. Housing and Building Type Illustrations
Minimum Lot Minimum / Maximum Setbacks
A = Area B = Width C = Maximum Building Height D = Front E = Street Side F = Side G = Rear
Single-Unit Detached Dwelling
Unified Land Development Code
Baytown, TX 20
Single-Unit Attached/Duplex Dwelling
Unified Land Development Code
Baytown, TX 21
Townhouse Dwelling
Unified Land Development Code
Baytown, TX 22
Multiplex Dwelling
Unified Land Development Code
Baytown, TX 23
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Unified Land Development Code
Baytown, TX 24
8. References to Related Standards
Standard Topic Location in ULDC
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.21-5 Urban Residential (UR)
1. UR Example Building 2. UR Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
Unified Land Development Code
Baytown, TX 25
3. UR Purpose
The purpose of the Urban Residential (UR) district is to
provide for small- to moderate-sized lots for
conventional single-unit detached and single-unit
attached dwelling units. New or infill development will
have higher densities per acre than other areas of the
city, typically with a maximum density of up to 30 units
per acre (du/ac), depending on the housing type. Mixed
infill development, of multiple-use types, is encouraged
in these areas.
4. UR Development Type
The conventional development type provides
for medium- to small-sized lots depending on the
housing type and location of the lots.
The infill development type allows for additional density
and land uses compared to the conventional
development option.
5. UR Context and Transition
This district is appropriate for smaller land holdings in
the Mixed Density Residential future land use
designation on the Baytown Comprehensive Plan Future
Land Use Map.
6. UR Residential Lot Density and Dimensions
Conventional Infill
Gross Density
Maximum Dwellings per acre 21 du/ac 30 du/ac
Civic and Open Space
Minimum Civic and Open Space Requirement
Apartment
All Other Permitted Residential
15%
N/A
10%
N/A
Lot Dimensions
A
Minimum Lot Area
Single-Unit Detached (Zero Lot Line)
Single-Unit Attached
Duplex
Townhouse
Multiplex
Apartment2
Live/Work
Nonresidential
3,500 SF
2,500 SF
3,000 SF
1,600 SF
1,875 SF
N/A
N/A
N/A
2,750 SF
2,000 SF
2,500 SF
1,500 SF
1,200 SF
N/A
N/A
N/A
B
Minimum Lot Width
Single-Unit Detached (Zero Lot Line)
Single-Unit Attached
Duplex
Townhouse
Multiplex
Apartment
Live Work
Nonresidential
35 ft.
25 ft.
35 ft.
20 ft.
60 ft.
N/A
N/A
50 ft.
25 ft.
20 ft.
25 ft.
18 ft.
45 ft.
N/A
N/A
50 ft.
Unified Land Development Code
Baytown, TX 26
Lot Coverage
Maximum Lot Coverage
All Residential
Nonresidential
80%
80%
80%
80%
Building Height
C
Maximum Building Height3
All Residential
Live/Work and Nonresidential
35 ft./45 ft./60 ft. (SUD,
SUA, D/TH,MP/APT1)
45 ft.
35 ft./45 ft./60 ft. (SUD,
SUA, D/TH,MP/APT1)
45 ft.
Building Setbacks
D
Front (Min.)
All Residential
Nonresidential
15 ft.
15 ft.
10 ft.
10 ft.
E
Street Side (Min.)
All Residential
Nonresidential
10 ft.
10 ft.
5 ft.
5 ft.
F
Interior Side (Min.)
Single-Unit Detached (Zero Lot Line)4
Townhouse5
All Other Permitted Residential
Live/Work and Nonresidential
0 ft./5 ft.
0 ft./5 ft.
ft.
10 ft.
0 ft./5 ft.
0 ft./5 ft.
5 ft.
10 ft.
G
Rear (Min.)
All Residential
Nonresidential
10 ft.
10 ft.
10 ft.
10 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. SUD = Single-Unit Detached; SUA = Single-Unit Attached; D = Duplex; TH = Townhouse; MP = Multiplex; APT = Apartment.
2. Minimum lot area is calculated on a "per dwelling unit" basis. Minimum lot width is calculated for the entire lot.
3. The methodology for measuring Maximum Building Height ("C") as presented in the illustrations in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
4. The first number is the setback for one side of the dwelling and the second number is the setback for the other side.
5. The first number is the setback for both sides of an interior unit and the second number is the setback for one side of an
exterior unit.
7. Housing and Building Type Illustrations
Minimum Lot Minimum / Maximum Setbacks
A = Area B = Width C = Maximum Building Height D = Front E = Street Side F = Side G = Rear
Single-Unit Attached/Duplex Dwelling
Unified Land Development Code
Baytown, TX 27
Townhouse Dwelling
Unified Land Development Code
Baytown, TX 28
Multiplex Dwelling
Unified Land Development Code
Baytown, TX 29
Apartment
Unified Land Development Code
Baytown, TX 30
Live/Work
Unified Land Development Code
Baytown, TX 31
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Unified Land Development Code
Baytown, TX 32
8. References to Related Standards
Standard Topic Location in ULDC
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.21-6 Alternative Residential (AR)
1. AR Example Building 2. AR Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
3. AR Purpose
The purpose of the Alternative Residential (AR) district is
to provide for a variety of alternative small lot types and
arrangements of housing, including manufactured home
parks and cottage courts, typically at 14.5 dwelling units
per acre (du/ac) or lower. Housing in this district may be
constructed or manufactured on- or off-site and may be
placed on individual lots or a common lot.
4. AR Development Type
The conventional development type provides for small-
sized lots depending on the housing type and location of
the lots.
5. AR Context and Transition
This district is appropriate for smaller land holdings in
the High-Density Residential future land use designation
on the Baytown Comprehensive Plan Future Land Use
Map.
6. AR Residential Lot Density and Dimensions
Conventional
Gross Density
Unified Land Development Code
Baytown, TX 33
Maximum Dwellings per acre 14.5 du/ac
Civic and Open Space
Minimum Civic and Open Space Requirement 30%
Lot Dimensions
A
Minimum Lot Area
Cottage Court
Manufactured Home
2,000 SF/15,000 SF1
2,500 SF
B
Minimum Lot Width
Cottage Court
Manufactured Home
25 ft.
25 ft.
Lot Coverage
Maximum Lot Coverage 70%
Building Height
C
Maximum Building Height2
Cottage Court
Manufactured Home
35 ft.
20 ft.
Building Setbacks
D
Front (Min.)
Cottage Court
Manufactured Home
5 ft./10 ft.3
15 ft.
E
Street Side (Min.)
Cottage Court
Manufactured Home
10 ft.
10 ft.
F
Interior Side (Min.)
Cottage Court
Manufactured Home
5 ft.
5 ft.
G
Rear (Min.)
Cottage Court
Manufactured Home
10 ft.
10 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. For Cottage Court site development, the first number is the minimum lot area for the individual lot. The second number
represents the net site area minimum lot area.
2. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.19, Measurements, for specific methods of measuring building height.
3. The first number is the minimum lot setback, the second number represents the maximum setback.
7. Housing and Building Type Illustrations
Minimum Lot Minimum / Maximum Setbacks
A = Area B = Width C = Maximum Building Height D = Front E = Street Side F = Side G = Rear
Cottage Court
Unified Land Development Code
Baytown, TX 34
Manufactured Home
Unified Land Development Code
Baytown, TX 35
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Unified Land Development Code
Baytown, TX 36
8. References to Related Standards
Standard Topic Location in ULDC
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Sec. 2.22 Mixed-Use Neighborhood (MUN) District Dimensional Standards
1. MUN Example Building 2. MUN Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
Unified Land Development Code
Baytown, TX 37
3. MUN Purpose
The purpose of the Mixed-Use Neighborhood (MUN)
district is to provide for mixed uses of a limited scale of
pedestrian-focused development oriented to
"destination" features such as public amenities, retail,
office, higher-density residential, hospitality uses, and
institutional anchors. Parking is accommodated to the
rear and side of buildings, on-street, and/or within public
parking areas which facilitates minimal building front
setback, the feeling of "architectural enclosure" and a
general area more conducive to pedestrian activity and
interaction.
4. MUN Development Type
The mixed-use development type provides for a
pedestrian-oriented design with a mix of housing and
building types and land uses, and centrally located and
usable civic and open spaces.
5. MUN Context and Transition
These districts are appropriate at locations where mixed-
use outcomes are desired and encouraged based upon
the Mixed-Use future land use designation on the
Baytown Comprehensive Plan Future Land Use Map.
Appropriate adjacent districts are DTA, SJ, NC, MR, and
AR districts.
6. MUN Residential Lot Density and Dimensions
Conventional
Gross Density
Maximum Dwellings per acre 15 du/ac
Civic and Open Space
Minimum Civic and Open Space Requirement N/A
Lot Dimensions
A
Minimum Lot Area1
Townhouse
Multiplex
Live/Work
Mixed-Use Building
Nonresidential
1,600 SF
1,250 SF
N/A
N/A
5,000 SF
B
Minimum Lot Width
Townhouse
Multiplex
Live/Work
Mixed-Use Building
Nonresidential
18 ft.
40 ft.
40 ft.
50 ft.
50 ft.
Lot Coverage
Maximum Lot Coverage
All Residential
Mixed-Use and Nonresidential
80%
90%
Frontage Buildout
Unified Land Development Code
Baytown, TX 38
Maximum Building Frontage Buildout
Townhouse
Multiplex
Live/Work
Mixed-Use Building
Nonresidential
90%
75%
90%
90%
50%
Building Height
C
Maximum Building Height2
All Residential
Mixed & Nonresidential
45 ft.
60 ft.
Building Setbacks
D
Front (Min.)
All Residential
Mixed & Nonresidential
10 ft.
10 ft.
E
Street Side (Min.)
All Residential
Mixed & Nonresidential
10 ft.
10 ft.
F
Interior Side (Min.)
All Residential
Mixed & Nonresidential
5 ft.
5 ft.
G
Rear (Min.)
All Residential
Mixed & Nonresidential
10 ft.
5 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. Minimum lot area is calculated on a "per dwelling unit" basis. Minimum lot width is calculated for the entire lot.
2. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. MUN Housing and Building Type Illustrations
Average Lot Maximum Building Minimum / Maximum Setbacks
A = Area B = Width C = Height D = Front E = Street Side F = Side G = Rear
Mixed-Use Building
Unified Land Development Code
Baytown, TX 39
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Unified Land Development Code
Baytown, TX 40
8. References to Related Standards
Standard Topic Location in ULDC
Measurements and Allowances Division 2.4
Definitions Article 10
Sec. 2.23 Nonresidential District Dimensional Standards
Subsec. 2.23-1 General
A.Generally. This Section establishes the dimensional standards for the various building types in the
nonresidential zoning districts. Except as provided in Division 2.4, Measurements and Allowances, no lot shall
be reduced in size so that its area, width, setback requirements, or other requirements of the standards
established in this Section are not maintained.
B.Measurements and Allowances Reference. Refer to Division 2.4, Measurements and Allowances, for
explanations of, and special provisions related to, the measurements and standards in this Section.
Subsec. 2.23-2 Neighborhood Commercial (NC)
1. NC Example Building 2. NC Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
Unified Land Development Code
Baytown, TX 41
3. NC Purpose
The purpose of the Neighborhood Commercial (NC)
district is to provide for small-scale retail and commercial
uses adjacent to a residential neighborhood. The
NC district is designed or intended to improve traffic
flow, and provides the option of pedestrian and
bicycle activity from dwelling units to the neighborhood
commercial uses.
4. NC Development Type
The conventional development type provides
for medium- to small-sized lots depending on the
nonresidential use and location of the lots.
5. NC Context and Transition
This district is appropriate for smaller commercial land
holdings in the Neighborhood Scale Commercial future
land use designation on the Baytown Comprehensive
Plan Future Land Use Map.
6. NC Residential Lot Density and Dimensions
Nonresidential
Gross Density
Maximum Dwellings per acre N/A
Civic and Open Space
Minimum Civic and Open Space Requirement 10%
Lot Dimensions
A Minimum Lot Area 10,000 SF
B Minimum Lot Width 60 ft.
Lot Coverage
Maximum Lot Coverage 90%
Building Height
C Maximum Building Height1 35 ft.
Building Setbacks
D Front (Min.)15 ft.
E Street Side (Min.)15 ft.
F Interior Side (Min.)5 ft.
G Rear (Min.) 5 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. Building Type Illustrations
Minimum Lot Maximum Building Minimum Setbacks
A = Area B = Width C = Height D = Front E = Side Street F = Side G = Rear
Unified Land Development Code
Baytown, TX 42
Neighborhood Commercial Building1
Note:
1. Scale is intended for generalized illustrative and not indicative of scale or site design for NC district.
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Unified Land Development Code
Baytown, TX 43
8. References to Related Standards
Standard Topic Location in ULDC
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.23-3 General Commercial (GC)
1. GC Example Building 2. GC Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
3. GC Purpose
The purpose of the General Commercial (GC) district is to
provide for commercial developments that are typically 3
acres or larger depending on the character of the site,
including surrounding land uses and the design and
intensity of the site. This designation is for properties in
commercial retail, office and service uses as well as
higher-density apartment developments primarily along
portions of major roadway corridors within the
community for high visibility and accessibility.
4. GC Development Type
The conventional development type provides
for larger-sized lots depending on the residential or
nonresidential use and location of the lots.
5. GC Context and Transition
This district is appropriate for larger-scale commercial
land holdings in the Large Scale Commercial future land
use designation on the Baytown Comprehensive Plan
Future Land Use Map.
Unified Land Development Code
Baytown, TX 44
6. GC Dimensions
Nonresidential
Gross Density
Maximum Dwellings per acre N/A
Civic and Open Space
Minimum Civic and Open Space Requirement 10%
Lot Dimensions
A
Minimum Lot Area
Apartment
Nonresidential
1,120 SF
10,000 SF
B
Minimum Lot Width
Apartment
Nonresidential
60 ft.
60 ft.
Lot Coverage
Maximum Lot Coverage
Apartment
Nonresidential
75%
75%
Building Height
C
Maximum Building Height1
Apartment
Nonresidential
50 ft.
60 ft.
Building Setbacks
D
Front (Min.)
Apartment
Nonresidential
15 ft.
15 ft.
E
Street Side (Min.)
Apartment
Nonresidential
30 ft.
25 ft.
F
Interior Side (Min.)
Apartment
Nonresidential
5 ft.
5 ft.
G
Rear (Min.)
Apartment
Nonresidential
10 ft.
10 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. GC Building Type Illustrations
Minimum Lot Maximum Lot Maximum Building Minimum Setbacks
Unified Land Development Code
Baytown, TX 45
A = Area B = Width C = Coverage D = Height E = Front F = Side Street G = Side H = Rear
Commercial Building
Note:
1. Scale is intended for generalized illustrative and not indicative of scale or site design for GC district.
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Unified Land Development Code
Baytown, TX 46
8. References to Related Standards
Standard Topic Location in ULDC
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Sec. 3.22
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.23-4 Freeway Commercial (FC)
1. FC Example Building 2. FC Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
Unified Land Development Code
Baytown, TX 47
3. FC Purpose
The purpose of the Freeway Commercial (FC) district is to
provide for commercial development located on heavily
traveled collector and arterial highways for auto-
oriented commercial and service uses. The district is
intended to accommodate uses in a manner that
minimizes interference with through traffic movements
and to ensure a high standard in site design, layout, and
landscaping.
.
4. FC Development Type
The FC district provides for nonresidential development
with an auto-oriented character, uses, and site design.
5. FC Context and Transition
This district is appropriate for larger-scale commercial
land holdings in the Large Scale Commercial future land
use designation on the Baytown Comprehensive Plan
Future Land Use Map.
6. FC Dimensions
Nonresidential
Gross Density
Maximum Dwellings per acre N/A
Civic and Open Space
Minimum Civic and Open Space Requirement 15%
Lot Dimensions
A
Minimum Lot Area
Commercial
Other Permitted Uses
20,000 SF
B
Minimum Lot Width
Commercial
Other Permitted Uses
60 ft.
Lot Coverage
Maximum Lot Coverage
Commercial
Other Permitted Uses
80%
Building Height
C
Maximum Building Height1
Commercial
Other Permitted Uses
50 ft.
60 ft.
Building Setbacks
D
Front (Min.)
Commercial
Other Permitted Uses
50 ft.
E
Street Side (Min.)
Commercial
Other Permitted Uses
50 ft.
Unified Land Development Code
Baytown, TX 48
F
Interior Side (Min.)
Commercial
Other Permitted Uses
20 ft.
G
Rear (Min.)
Commercial
Other Permitted Uses
20 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. FC Building Type Illustrations
Minimum Lot Maximum Lot Maximum Building Minimum Setbacks
A = Area B = Width C = Coverage D = Height E = Front F = Side Street G = Side H = Rear
Commercial Building
Figure Note:
1. Scale is intended for generalized illustration and not indicative of scale or site design for the FC district.
Unified Land Development Code
Baytown, TX 49
8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.23-5 Light Industrial (LI)
1. LI Example Building 2. LI Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
Unified Land Development Code
Baytown, TX 50
3. LI Purpose
The purpose of the Light Industrial (LI) district is to
provide for industrial uses (non-retail) that are less
intensive than what can be accommodated into Heavy
Industrial and that may include office, warehousing,
distribution, and light assembly of parts, materials, and
equipment, with operations conducted primarily indoors
without the creation of smoke, gas, odor, dust, soot, or
other noxious elements.
4. LI Development Type
The LI district provides for nonresidential, industrial
development with an auto-oriented character, uses, and
site design.
5. LI Context and Transition
This district is appropriate for smaller-scale, less
intensive industrial land holdings in the Industrial future
land use designation on the Baytown Comprehensive
Plan Future Land Use Map.
6. LI Dimensions
Nonresidential
Gross Density
Maximum Dwellings per acre N/A
Civic and Open Space
Minimum Civic and Open Space Requirement 15%
Lot Dimensions
A
Minimum Lot Area
Commercial Building
Industrial Building
Other Permitted Uses
20,000 SF
B
Minimum Lot Width
Commercial Building
Industrial Building
Other Permitted Uses
60 ft.
Lot Coverage
Maximum Lot Coverage
Commercial
Industrial Building
Other Permitted Uses
90%
Building Height
C
Maximum Building Height1
Commercial Buildings
Industrial Buildings
Other Permitted Uses
50 ft.
Building Setbacks
D
Front (Min.)
Commercial Buildings
Industrial Buildings
Other Permitted Uses
50 ft.
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E
Street Side (Min.)
Commercial Buildings
Industrial Buildings
Other Permitted Uses
25 ft.
F
Interior Side (Min.)
Commercial Buildings
Industrial Buildings
Other Permitted Uses
5 ft.
G
Rear (Min.)
Commercial Buildings
Industrial Buildings
Other Permitted Uses
20 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be
dependent upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. LI Building Type Illustrations
Minimum Lot Maximum Building Minimum Setbacks
A = Area B = Width C = Height D = Front E = Side Street F = Side G = Rear
Light Industrial Building
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8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
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Subsec. 2.23-6 Heavy Industrial (HI)
1. HI Example Building 2. HI Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
3. HI Purpose
The purpose of the Heavy Industrial (HI) district is to
provide for more intensive industrial uses (non-retail)
that are located away from residential areas and that
may include manufacturing of raw materials, fabrication,
assembly, and warehousing with both indoor and
outdoor storage, and may have heavy truck and rail
traffic.
4. HI Development Type
The HI district provides for nonresidential, industrial
development with large areas of land and large buildings
with heavy equipment and facilities.
5. HI Context and Transition
This district is appropriate for larger-scale, very intensive
industrial land holdings in the Industrial future land use
designation on the Baytown Comprehensive Plan Future
Land Use Map. Unless separated by a principal arterial,
the HI district is not appropriate adjacent to any
residential or mixed-use zoning district.
6. HI Dimensions
Nonresidential
Gross Density
Maximum Dwellings per acre N/A
Civic and Open Space
Minimum Civic and Open Space Requirement 10%
Lot Dimensions
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A Minimum Lot Area
All Permitted Uses 5 acres
B Minimum Lot Width
All Permitted Uses 25 ft.
Lot Coverage
Maximum Lot Coverage
All Permitted Uses 50%
Building Height
C Maximum Building Height1
All Permitted Uses 60 ft.
Building Setbacks
D Front (Min.)
All Permitted Uses 50 ft.
E Street Side (Min.)
All Permitted Uses 50 ft.
F Interior Side (Min.)
All Permitted Uses 10 ft.
G Rear (Min.)
All Permitted Uses 40 ft.
TABLE NOTES:
SF = Square Feet; ft. = Feet
1. The methodology for measuring Maximum Building Height ("C") as presented in the illustration in Table 7, below, will be dependent
upon roof type. Refer to Sec. 2.41, Measurements, for specific methods of measuring building height.
7. HI Building Type Illustrations
Minimum Lot Maximum Building Minimum Setbacks
A = Area B = Width C = Height D = Front E = Side Street F = Side G = Rear
Heavy Industrial Building
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8. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.3
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements Sec. 2.27
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
Definitions Article 10
Subsec. 2.23-7 Open Space/Recreation (OR)
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1. OR Example Building 2. OR Example Development Pattern
Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these
building forms.
3. OR Purpose
The purpose of the Open Space/Recreation (OR) district
is to provide for locations of government-owned and
maintained public parks, designed for both active and
passive recreational enjoyment, along with similar
private sites. This district also includes open space that
will not be developed, such as reservoir areas and
undevelopable coastal lands or barrier islands. The OR
district is the default district for newly annexed
properties without a Future Land Use Map designation.
4. OR Development Type
The OR district provides for nonresidential, industrial
development with an auto-oriented character, uses, and
site design.
5. OR Context and Transition
This district is appropriate for parks, recreation areas,
and facilities located in areas identified as the Recreation
and Natural Areas future land use designation on the
Baytown Comprehensive Plan Future Land Use Map.
6. OR Dimensions
Nonresidential
Gross Density
Maximum Dwellings per acre N/A
Civic and Open Space
Minimum Civic and Open Space Requirement N/A
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Lot Dimensions
Minimum Lot Area
All Permitted Uses 5,000 sf.
Minimum Lot Width
All Permitted Uses 25 ft.
Lot Coverage
Maximum Lot Coverage
All Permitted Uses 50%
Building Height
Maximum Building Height1
All Permitted Uses 60 ft.
Building Setbacks
Front (Min.)
All Permitted Uses 25 ft.
Street Side (Min.)
All Permitted Uses 25 ft.
Interior Side (Min.)
All Permitted Uses 10 ft.
Rear (Min.)
All Permitted Uses 10 ft.
TABLE NOTES:
sf. = Square Feet; ft. = Feet
1. The methodology for measuring Maximum Building Height ("C") will be dependent upon roof type. Refer to Sec. 2.41,
Measurements, for specific methods of measuring building height.
7. References to Related Standards
Standard Topic Location in ULDC
Use Standards Division 2.4
Accessory Uses and Structures Sec. 2.35
Civic and Open Space Requirements --
Building and Site Design Division 3.2
Screening and Fencing Sec. 3.45
Floodplain and Floodway Development Chapter 110, Floods, of the City's Code of Ordinances
Outdoor Lighting Division 3.5
Parking, Loading, Stacking, and Access Division 3.3
Signs Division 3.6
Site Landscaping and Bufferyards Division 3.4
Street and Block Design Article 4
Site Planning Article 3
Measurements and Allowances Division 2.4
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7. References to Related Standards
Standard Topic Location in ULDC
Definitions Article 10
Sec. 2.24 Form District Standards
Subsec. 2.24-1 General Standards
A.Generally.
1.Purpose. The form districts focus on placemaking, through an emphasis on development character,
intensity, and physical form and patterns, rather than solely on land uses—with the expectation that
uses can and will change over time. These districts emphasize the relationship between private
development and the public realm to promote an overall sense of place within the designated areas of
Baytown. For purposes of this ULDC, the standards of this Section shall only apply to the Downtown
Arts (DTA) and San Jacinto (SJ) districts, as mapped.
2.Defined Geographic Area. A form district is a defined geographic area in a specific location (rather than a
land use designation applied to parcels throughout the City) that accommodates a mix of uses—either
within the same building, on the same parcel, or within close proximity—in a compact, pedestrian-
oriented, transit-supportive form. Each form district is developed around an existing or new
interconnected street network. These districts are intended to maintain or create traditional urban
design and preserve and enhance community character. All form districts include a mixed-use center,
within walking distance of a range of permitted housing options, either within the district or in adjacent
areas.
3.District Regulations. The goal of the form district standards is to create a vital and coherent public realm
through the definition and shape of the streets—their physical and functional character—within the
individual form district. The standards are related to form, character, and design to complement the
established pattern, promote compatible infill and redevelopment, and create an environment where
people can live, work, learn, worship, and relax within a compact urban setting. Buildings are oriented
toward the street or public realm. Development is organized around a network of streets and perimeter
blocks, served by rear lot/mid-bock service areas accessed via alleys or shared drives, to support a park-
once environment using shared parking.
4.New/Additional Form Districts. New/additional form districts may be designated or created through the
rezoning process. The City and/or the property owner shall plan, design, and construct new form
districts to be integrated with the larger community and accessible by all modes of transportation—
automobiles, public transit, bicycle, and pedestrian.
B.Section Organization.
1.Permitted Building Frontages. The list of permitted form district building frontages is established
in⁋Subsection 2.24-2, Building Frontage Types. The frontages permitted within each sub-area are
identified and summarized in Table 2.24-2-1, Permitted Building Frontage Types by Form District Sub-
Area. The frontage types include standards for required and permitted frontage elements or
components of each type.
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2.Districts and Sub-Areas. Each form district is designated on the zoning map and divided into two or more
sub-areas. Each sub-area is defined primarily by a common scale, character, and intensity, rather than
solely a land use category (although uses are broadly regulated).
a. Dimensional Standards. The individual district regulations include a set of dimensional standards,
by sub-area, that establish the parameters for development form: building placement, lot
standards, building height, and parking. They also identify the permitted frontage types and
encroachments. The scale and intensity are tailored for each sub-area.
i. The regulations on building forms are applied at the parcel level and put primary emphasis
on the primary building frontage—the relationship between the building and the street. A
lesser emphasis is placed on the relationships between adjacent buildings and the uses
inside.
ii. The standards are tailored to the existing context or desired future character of each form
district, using a range of scales and intensities.
b. Other Applicable Standards. Cross-references are provided for each district. Where apparent
conflicts exist between the provisions of the form districts and other existing City ordinances or
approvals, these standards shall govern within a form district.
C.General Standards.
1.Dimensional Standards. The dimensional standards set the basic parameters for building form, including
building placement on the lot, the building envelope (in three dimensions—width, depth, and height—
along with other required or permitted functional elements. These standards allow change-over-time to
encourage lasting and contributing buildings to the Baytown built environment.
a. Building Placement, Form, and Other Lot Standards.
i. Build-To Zone. The front façade of primary buildings shall be located within the build-to zone,
to the percentage of the property frontage designated in the applicable sub-area standards.
Corner lots and through lots are required to meet the build-to zone requirements for each
frontage.
ii. Entrances. All primary buildings shall have an entrance on the front facade within the build-
to zone.
iii. Corner Lots. For corner lots, front and side street designations shall be determined by the
Planning Director in the DTA district and identified on the site development plan in the SJ
district. Unless otherwise specified in the applicable form district:
(A)Setbacks. Side and rear setbacks, where required, are identified in the district
placement standards.
(B) Privacy fences may be constructed along common lot lines behind the build-to zone,
and along alleys (or service drives).
(C) Parking setbacks are established for each sub-area. Off-street vehicle parking should
have minimal intrusion on the public realm.
iv. Building Scale. Building scale limitations are established in each district sub-area.
(A) The maximum building footprint shall not apply to civic uses including places of public
assembly and uses in the Educational Facilities Use Category. Grocery stores and parking
structures with liner buildings, as defined below in C.1.c.iv., Liner Buildings, may exceed
the maximum building footprint with approval of the Planning Director.
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(B) Any building taller 25 feet or taller shall have a front facade designed to appear as at
least two stories.
(C) Any large building, with a street-facing elevation wider than 150 feet or a height above
three stories (or both), shall be designed to comply with the Large Building Façade
Composition standards below, c.iii., Large Building Facade Composition Standards.
v. Natural Lot Features. Building placement standards may be adjusted to the minimum extent
needed to avoid impacts on sensitive natural features such as mature trees, wetlands and
floodplains, and sensitive habitats.
vi.Private Open Area (POA). POA is intended to serve tenants or residents in a compact,
intense urban neighborhood environment. It may be shared or attached to an individual unit.
Specific requirements for POA are established in the individual district standards. The
locational and dimensional parameters are as follows.
(A) At grade, the POA can be in no more than 3 distinct areas. It must be behind the parking
set back line and screened from the street. Each at-grade POA shall have a minimum
dimension of 10 feet and a total area of no less than 200 square feet.
(B) Above grade, POAs may be configured as balconies (see below in C.1.c.ii., Balconies)
serving individual units or as shared roof decks (or a combination thereof).
b. Building Height.
i. Building height is measured in stories, with an ultimate limit established by the maximum
height in feet for each story. It is measured to the eave of the roof or roof deck (if flat).
However, parking structure height is limited solely by the maximum height in feet of the
designated sub-area.
ii. Additional height limits may apply when a lot in one form district sub-area is adjacent to a
different sub-area or to a lot in a non-form district.
iii. A habitable attic half-story is permitted within a pitched roof, and does not count against the
maximum story height, if built within the following parameters:
(A) The habitable floor area within the attic is no more than 50% of the building footprint.
(B) Dormers, if present, shall not be individually more than 15 feet wide and collectively not
more than 50% of the façade elevation in length.
c. Building Frontage and Lot Elements.
i. Transparency. All building facades which face onto a street or public space shall meet the
minimum fenestration (windows, doors, and other wall openings) requirements of the
applicable form district sub-area. Applicants shall provide a diagram to demonstrate
compliance with this provision.
(A) The minimum and maximum percentage of fenestration (windows, doors, and other
wall openings) is regulated for the ground and upper stories, established by frontage
designation. A door without glazing does not contribute the transparency requirement.
(B) The percentage of fenestration per story shall be calculated as the area between
finished floors and shall be a total percentage of doors and windows along that portion
of the facade. Top story fenestration is measured to the finished ceiling.
(C) Blank wall areas (without windows or doors) shall not exceed 30 feet in length,
measured from floor-to-floor, on any story facing a street frontage (unless expressly
permitted within ab individual district sub-area.)
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ii. Balconies. Where balconies are used to fulfill a private open area (POA) requirement, they:
(A) shall have a minimum depth of five feet and minimum area of 40 square feet;
(B) shall project no more than six feet from the building wall, but may be inset partially or
fully within the building envelope;
(C) may be roofed, but must be open toward the primary street (screening is permitted);
(D) shall have an apparent means of support, such as brackets, posts, or sidewalls (when
inset within the main body of the building.)
iii. Large Building Facade Composition Standards.
(A) Wide Buildings. The primary facade of buildings wider than 150 feet shall be varied with
a change of architectural expression.
(1) These changes in expression may be a vertical element running from the ground
plane to the roof, a change in fenestration pattern, color, or texture, or a break in
the building facade plane or roofline.
(2) These changes may be subtle or significant, but should soften the visual effect of
very wide buildings, breaking down the scale to appear as a series of buildings no
wider than 75 feet, each.
(3) Each individual facade section is not required to be the same width but shall have
a functioning entry.
(B) Tall Buildings. Buildings greater than three stories shall include an expression line
differentiating the ground floor from those floors above, in order to reinforce the
pedestrian realm. Buildings above four stories shall include an additional expression line
to define the "cap" or top of the building.
(1) Horizontal expresión lines may be created by a change in material, moldings or
string courses projecting a minimum of two inches, sign bands, or jogs in the wall
plane greater than two inches.
(2) Additional expression lines may be created by the inclusion of a projecting cornice
or a visible coping at the top of a parapet wall.
iv. Liner Buildings. A liner building is a shallow structure that wraps the perimeter of a block (or
one or more block faces for buildings that fill less than a full block) to create a habitable
street-level space. These buildings may contain a variety of uses, depending on the district
sub-area, including retail (ground floor only), offices, or residences. The typical character of
some permitted land uses--such as parking lots and structures, theaters, conference and
convention centers, or grocery stores--may preclude buildings from complying with some
form of district-specific standards and detract from the walkability of the surrounding area.
In these instances, a liner building may be necessary to meet the building frontage and large
building facade composition standards. In addition to meeting those standards, a liner
building:
(A) shall be at least two stories or 25 feet tall;
(B) shall provide usable space of at least 15 feet in depth (i.e. a liner is not simply an applied
facade); and
(C) shall comply with the parking setback for the first two stories when lining a parking
structure.
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v. Encroachments. Permitted encroachments are identified within each form district.
vi. Parking. Parking shall be accessed from rear alleys, service drives, or side streets whenever
possible.
2.Uses. Permitted uses are identified in Sec. 2.31, Consolidated Use Table. Note that in some locations, the
permitted uses may differ between ground and upper stories or within a designated distance from the
street or building frontage. Even though a use is permitted, it may not be able to fit within the defined
building development standards.
Subsec. 2.24-2 Building Frontage Types
A.Generally. Building frontages are the components of a building façade and yard that provide a transition
between the public realm (street, sidewalk, or public open space) and purely private realm (building interior).
These features define the relationship between the two. The frontage design and configuration contribute to
the overall character and function of the public realm, including its walkability. The frontage standards
generally apply to the area from the build-to zone to the property line along the street or other public space;
they are independent of architectural style. Frontages of all primary buildings in the form districts shall
comply with these standards. Table 2.24-2-1, below, identifies which frontages are allowed in each form
district sub-area.
B.Permitted Building Frontages by Form District Sub-Area.
Table 2.24-2-1, Permitted Building Frontage Types by Form District Sub-Area
Districts
Frontage
Type Downtown Arts San Jacinto
DTA-MS DTA-Flex SJ-MS SJ-Flex SJ-3
Shopfront R ♦R ♦--
Gallery ♦♦♦♦--
Dooryard/Terrace C ♦C ♦♦
Stoop --♦--♦♦
Forecourt --♦C ♦♦
Porch --♦--♦♦
TABLE NOTES:
R = required
♦ = permitted
-- = prohibited
C = a Terrace frontage may be permitted where specific conditions exist that prevent at-grade ground floor, such as need to elevate
above floodplain; a Forecourt may be permitted in San Jacinto-MS if all forecourt ground floor elevations meet the Shopfront
transparency and entrance requirements
C.Building Frontage Standards. The following tables set forth the different frontage types with descriptions,
illustrations, and standards for each type:
1.Shopfront.
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Table 2.24-2-2, Shopfront Frontage Standards
Description: In the Shopfront frontage, the front facade of the building is at or near the frontage line with
large windows and an at-grade entrance along the public sidewalk. The Shopfront frontage may include a
canopy or awnings that project over the sidewalk along the frontage. They may be continuous or in
alignment with the entrance and shopfront windows. A canopy is a structural cantilevered shed roof, and
an awning is canvas or similar material and is often retractable. A Shopfront may be used in conjunction
with other frontage types.
Dimensional Standards
A Distance between glazing 2 ft. max.
Transparency: Ground Floor, measured from 2 ft to 10
ft; should allow a view of at least 5 ft. of interior space
Min: 70%
Max: 90%
Transparency: Upper Floors, measured per floor Min: 30%
Max: 70%
B Recessed Entries (permitted)5 ft. max. depth
C Canopy or Awning (permitted)4 ft. min. depth
D Awning Maximum Projection To street tree lawn or 2 ft. from back of curb
E Awning Height, Clear 8 ft. min.
Other Standards:
1. Shopfronts are required where designated on the zoning map/regulating plan.
2. Open-ended awnings or canopies are encouraged; rounded and hooped awnings are discouraged.
3. Doors may be recessed as long as the main facade is within the build-to-zone.
4. Shopfront windowsills shall be located at a maximum of 30 inches above the finished grade at the building line.
Shopfront Examples
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Table 2.24-2-2, Shopfront Frontage Standards
Description: In the Shopfront frontage, the front facade of the building is at or near the frontage line with
large windows and an at-grade entrance along the public sidewalk. The Shopfront frontage may include a
canopy or awnings that project over the sidewalk along the frontage. They may be continuous or in
alignment with the entrance and shopfront windows. A canopy is a structural cantilevered shed roof, and
an awning is canvas or similar material and is often retractable. A Shopfront may be used in conjunction
with other frontage types.
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Table 2.24-2-2, Shopfront Frontage Standards
Description: In the Shopfront frontage, the front facade of the building is at or near the frontage line with
large windows and an at-grade entrance along the public sidewalk. The Shopfront frontage may include a
canopy or awnings that project over the sidewalk along the frontage. They may be continuous or in
alignment with the entrance and shopfront windows. A canopy is a structural cantilevered shed roof, and
an awning is canvas or similar material and is often retractable. A Shopfront may be used in conjunction
with other frontage types.
2.Gallery.
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Table 2.24-2-3, Gallery Frontage Standards
Description: In the Gallery frontage, the front façade is within the build-to-zone and a covered walkway or
arcade, with or without usable or habitable space above, encroaches over a sidewalk, protecting
pedestrians from the elements and eliminating the need for an awning. This frontage is intended for
buildings with ground-floor retail or commercial uses.
Dimensional Standards
A Arcade Depth, Clear 8 ft. min.
B Ground Floor Arcade Height, Clear 11 ft. min.
C Upper Floor Gallery Height, Clear 9 ft. min.
D Height 2 stories max. when encroaching in ROW
E Setback from Back of Curb 2 ft. min.; 3 ft. max.
F Width 50% of front facade min.
G Transparency Same as Shopfront or Dooryard frontage, as applicable
Other Standards:
1. A gallery shall be supported from below by an arcade along its full length.
2. Gallery frontages shall also follow all of the standards for the Shopfront or Dooryard frontage type, as
applicable.
3. Arcades shall have a consistent depth along a frontage. Ideally, the arcade will continue for an entire block face.
4. Galleries with two floors of habitable space above the arcade shall not encroach onto a public right-of-way and
shall be located within the build-to-zone.
5. An arcade or gallery shall require an Easement Encroachment License established in Sec. 7.315 to encroach into
the public right-of-way.
Gallery Examples
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Table 2.24-2-3, Gallery Frontage Standards
Description: In the Gallery frontage, the front façade is within the build-to-zone and a covered walkway or
arcade, with or without usable or habitable space above, encroaches over a sidewalk, protecting
pedestrians from the elements and eliminating the need for an awning. This frontage is intended for
buildings with ground-floor retail or commercial uses.
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Table 2.24-2-3, Gallery Frontage Standards
Description: In the Gallery frontage, the front façade is within the build-to-zone and a covered walkway or
arcade, with or without usable or habitable space above, encroaches over a sidewalk, protecting
pedestrians from the elements and eliminating the need for an awning. This frontage is intended for
buildings with ground-floor retail or commercial uses.
3.Dooryard/Terrace.
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Table 2.24-2-4, Dooryard/Terrace Frontage Standards
Description: In the Dooryard/Terrace frontage, the building facade may be set back a small distance but is
within the build-to zone. The frontage line is generally defined by a garden wall, fence or small hedge. The
dooryard may be at grade or raised as a terrace. In an intense urban commercial context, the defining garden
wall or fence may be absent and the dooryard may appear as a continuation of the public sidewalk. This
frontage can separate residential uses from the sidewalk and remove the private yard from public access.
Dooryards and terraces are suitable for use as gardens, yard, or outdoor dining. A raised terrace can be
useful to address flood elevation or topographic issues, if needed.
Dimensional Standards
A Depth Min: Front of BTZ or 8 ft. in terrace configuration;
Max: Back of build-to zone
B Length 75% of façade width, min.; full façade width preferred
C Finish Level Above Sidewalk 42 in. max.
Transparency: All Floors, measured per floor Min: 30%
Max: 80%
Other Standards:
1. If used for outdoor dining, a low fence or garden wall shall be required to designate the dining area.
2. Cross access for pedestrians between adjacent raised commercial terraces is encouraged.
3. Terrace steps may extend forward of the build-to zone; however, a six-foot minimum clear zone for pedestrians
shall be maintained on the sidewalk.
4. Stairs may descend perpendicular or parallel to the building facade.
Dooryard and Terrace Examples
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Table 2.24-2-4, Dooryard/Terrace Frontage Standards
Description: In the Dooryard/Terrace frontage, the building facade may be set back a small distance but is
within the build-to zone. The frontage line is generally defined by a garden wall, fence or small hedge. The
dooryard may be at grade or raised as a terrace. In an intense urban commercial context, the defining garden
wall or fence may be absent and the dooryard may appear as a continuation of the public sidewalk. This
frontage can separate residential uses from the sidewalk and remove the private yard from public access.
Dooryards and terraces are suitable for use as gardens, yard, or outdoor dining. A raised terrace can be
useful to address flood elevation or topographic issues, if needed.
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Table 2.24-2-4, Dooryard/Terrace Frontage Standards
Description: In the Dooryard/Terrace frontage, the building facade may be set back a small distance but is
within the build-to zone. The frontage line is generally defined by a garden wall, fence or small hedge. The
dooryard may be at grade or raised as a terrace. In an intense urban commercial context, the defining garden
wall or fence may be absent and the dooryard may appear as a continuation of the public sidewalk. This
frontage can separate residential uses from the sidewalk and remove the private yard from public access.
Dooryards and terraces are suitable for use as gardens, yard, or outdoor dining. A raised terrace can be
useful to address flood elevation or topographic issues, if needed.
4.Stoop.
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Baytown, TX 72
Table 2.24-2-5, Stoop Frontage Standards
Description: In the Stoop frontage, the main facade of the building is within the build-to zone. The stoop
provides access to the first floor that is elevated to provide separation from the sidewalk and ensure
privacy within the building. The stoop commonly projects forward; however, it may be recessed within
the building envelope.
Dimensional Standards
A Width, Clear 5 ft. min. / 8 ft. max.
B Depth, Clear 5 ft. min. / 8 ft. max.
C Height, Clear 8 ft. min.
Height 1 story max.
D Finish Level Above Sidewalk 1.5 ft. min.
Transparency: All Floors, measured per floor Min: 30%
Max: 60%
Other Standards:
1. A stoop is appropriate for residential buildings with limited or no front yard.
2. Where encroachments are permitted, a stoop is a permitted encroachment. It may extend forward of the build-
to-zone; however, a six-foot minimum sidewalk clear zone for pedestrians shall be maintained.
3. Stairs may descend perpendicular or parallel to the building facade.
4. The stoop is encouraged to be covered or recessed to shelter the entrance from the elements, but shall not be
enclosed.
5. A stoop shall have stairs that connect directly to the front sidewalk or walkway.
Stoop Examples
Unified Land Development Code
Baytown, TX 73
Table 2.24-2-5, Stoop Frontage Standards
Description: In the Stoop frontage, the main facade of the building is within the build-to zone. The stoop
provides access to the first floor that is elevated to provide separation from the sidewalk and ensure
privacy within the building. The stoop commonly projects forward; however, it may be recessed within
the building envelope.
Unified Land Development Code
Baytown, TX 74
Table 2.24-2-5, Stoop Frontage Standards
Description: In the Stoop frontage, the main facade of the building is within the build-to zone. The stoop
provides access to the first floor that is elevated to provide separation from the sidewalk and ensure
privacy within the building. The stoop commonly projects forward; however, it may be recessed within
the building envelope.
5.Forecourt.
Unified Land Development Code
Baytown, TX 75
Table 2.24-2-6, Forecourt Frontage Standards
Description: In the Forecourt frontage, the primary portion of the front facade is within the build-to zone
while a small percentage is set back, creating a courtyard space. This space can be used as an entry court
or garden space, or for outdoor seating, dining, or retail. Forecourts are especially useful along larger,
more auto-dominant streets in order to provide well-defined, intimately sized public or semi-public
outdoor spaces.
Dimensional Standards
A Width, Clear Min: 12 ft.; Max: the lesser of 75 ft or 30% of lot frontage
B Depth, Clear Min: 12 ft.; Max: the lesser of 75 ft or 30% of lot depth
Transparency: All Floors, measured per floor Min: 30%
Max: 80%
Other Standards:
1. A forecourt that meets these frontage standards is considered to contribute to the minimum build-to
requirement of the applicable form district.
2. A forecourt shall be enclosed by building walls on three sides (with careful consideration to solar orientation).
3. A forecourt that is greater than 500 sf in area shall include a minimum of 10% of the forecourt as pervious
landscape, with remaining areas paved with hardscape material.
4. Asphalt shall not be used as a surface material.
5. A forecourt shall not provide automobile access other than for emergency services.
Forecourt Examples
Unified Land Development Code
Baytown, TX 76
Table 2.24-2-6, Forecourt Frontage Standards
Description: In the Forecourt frontage, the primary portion of the front facade is within the build-to zone
while a small percentage is set back, creating a courtyard space. This space can be used as an entry court
or garden space, or for outdoor seating, dining, or retail. Forecourts are especially useful along larger,
more auto-dominant streets in order to provide well-defined, intimately sized public or semi-public
outdoor spaces.
Unified Land Development Code
Baytown, TX 77
Table 2.24-2-6, Forecourt Frontage Standards
Description: In the Forecourt frontage, the primary portion of the front facade is within the build-to zone
while a small percentage is set back, creating a courtyard space. This space can be used as an entry court
or garden space, or for outdoor seating, dining, or retail. Forecourts are especially useful along larger,
more auto-dominant streets in order to provide well-defined, intimately sized public or semi-public
outdoor spaces.
6.Porch.
Unified Land Development Code
Baytown, TX 78
Table 2.24-2-7, Porch Frontage Standards
Description: In the Porch frontage, the main facade of the building is within the build-to zone. The porch is
used to access a first floor that is elevated above the sidewalk, to ensure privacy within the building. A
porch is large enough to function as an outdoor living space. Porches and stairs may extend forward of the
build-to-zone, but not into the sidewalk clear zone.
Dimensional Standards
A Width, Clear 8 ft. min.
B Depth, Clear 6 ft. min.
C Height, Clear 8 ft. min.
Height 2 stories max
D Finish Level Above Sidewalk 1.5 ft. min.
Transparency: All Floors, measured per floor Min: 30%
Max: 60%
Other Standards:
1. Where frontage encroachments are permitted, a porch is a permitted encroachment.
2. If there is insufficient space to meet the minimum porch depth between the sidewalk clear zone and the back of
the build-to zone, a porch may not be permitted.
3. Stairs from a porch may descend parallel or perpendicular to the right-of-way. Porches and stairs may extend
beyond the build-to-zone barring any additional restrictions by the public entity that has control over the right-
of-way; however, a 6-foot minimum sidewalk clear zone for pedestrians shall be maintained.
4. Porches may project forward or be engaged with the front façade of the building. Projecting porches must be
open on three sides; engaged porches must be open on two sides, with two sides engaged with the building. All
porches shall have a roof.
5. Open porch bases shall be visually concealed with latticework or similar materials or landscaping.
Unified Land Development Code
Baytown, TX 79
Table 2.24-2-7, Porch Frontage Standards
Description: In the Porch frontage, the main facade of the building is within the build-to zone. The porch is
used to access a first floor that is elevated above the sidewalk, to ensure privacy within the building. A
porch is large enough to function as an outdoor living space. Porches and stairs may extend forward of the
build-to-zone, but not into the sidewalk clear zone.
Porch Examples
Unified Land Development Code
Baytown, TX 80
Table 2.24-2-7, Porch Frontage Standards
Description: In the Porch frontage, the main facade of the building is within the build-to zone. The porch is
used to access a first floor that is elevated above the sidewalk, to ensure privacy within the building. A
porch is large enough to function as an outdoor living space. Porches and stairs may extend forward of the
build-to-zone, but not into the sidewalk clear zone.
Subsec. 2.24-3 Downtown Arts (DTA) District Dimensional Standards
Unified Land Development Code
Baytown, TX 81
DTA Example Buildings
Photo examples of DTA main street - Texas Avenue Photo examples of DTA flex - Defee/Pearce Streets
1. DTA District Purpose
The Downtown Arts (DTA) district encompasses the historic core of downtown Baytown. It provides a walkable,
vibrant urban environment, capitalizing on the historic character of the area and serving nearby neighborhoods
and the entire City with commercial, retail, entertainment, and civic uses. Buildings are mixed-use and multi-
story with small-to-medium footprints. Downtown buildings may include residences in a range of configurations
and intensities. To support walkability, the buildings are generally close to the sidewalk, with small or no side
setbacks, and parking is primarily on the street or behind buildings and otherwise screened from view.
The DTA district is divided into two sub-areas: main street (DTA-MS) and flex (DTA-FLX). The main street
designation primarily applies to Texas Avenue, as designated on the Official Zoning Map, and will be the most
intense, with ground-floor shopfronts and other active uses along the street. As the name implies, the flex
designation permits a wider range of uses and building configurations, but still provides a pedestrian-oriented,
mixed-use environment.
Unified Land Development Code
Baytown, TX 82
Figure 2.24-3-1, Building Placement & Lot Standards
Unified Land Development Code
Baytown, TX 83
2. DTA Building Placement & Lot Standards1
Figure Label Standard DTA-MS DTA-FLX
A Front Build-to-Zone 0' minimum
5' maximum
0' minimum
15' maximum
B Property Frontage Buildout2 90% min 70% min
C Interior Side Setback3 0' min.0' min.
D Side Street Build-to Zone 0' minimum
10' maximum
0' minimum
15' maximum
E Minimum Rear Setback3:
(from lot)5'10'
(from alley)0'
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Baytown, TX 84
F Lot Width4 no minimum, 200' maximum
G Lot Depth4 no min, 200' max
--Lot Coverage 100% max
--Maximum Building Footprint 25,000 sf 40,000 sf
--
Distance Between Front
Facade Entrances on
Building/Within Same
Development5
50' maximum 75' maximum
--Private Open Area, % of lot
area, at or above grade6 5%7.5%
TABLE NOTES:
1. In case of discrepancy with similar provisions, building placement standards by sub-area govern.
2.Loading docks and other service entries shall not be located facing Texas Avenue
3. Specified building and lot elements may encroach into required setbacks per Table 7, DTA Permitted Encroachments, below, and
Sec. 2.42, Allowances
4. A parking garage with a liner building, as defined in Subsec. 2.24-1, General Standards, may exceed the maximum lot width and
depth with Planning Director approval.
5. The goal of this standard is to provide active street frontages, where pedestrians can go and come from multiple small retail shops or
other active uses along the sidewalk. As an illustration, a building front facade in the DT-MS sub-area that is 100 feet wide or less is
only required to have a single entrance. Doors that serve solely as emergency egress do not qualify as entrances.
6. In the DTA district, development projects that are reusing existing structures without expansion are exempt from the POA
requirement.
Unified Land Development Code
Baytown, TX 85
Figure 2.24-3-3, Building Height
Unified Land Development Code
Baytown, TX 86
3. DTA Building Height1
Figure
Label DTA-MS DTA-FLX
H Primary Building Height2
(in stories)3
2 stories or 25' min.
5 stories max.
no min.
4 max.
Accessory Building Height
(in stories)2.5 max.2.5 max.
I Ground Story Height
(floor to ceiling)
14' min.
25' max.
12' min. (commercial)
10' min (residential)
J Upper Story Height
(floor to ceiling)12' max.12' max
K
Ground Finished Floor
(above sidewalk or
finished grade)
0" min.0" min (commercial)
18" min (residential)
TABLE NOTES:
1. In case of discrepancy with similar provisions, building height by sub-area, governs.
2. Within 20 feet of the rear lot line, buildings may not be more than a half-story taller than the permitted height of
the buildings on adjacent lot.
3. Specified building and lot elements may encroach above the maximum permitted height per Sec. 2.42, Allowances.
Unified Land Development Code
Baytown, TX 87
Figure 2.24-3-4, Parking
4. DTA Parking1
Figure
Label Parking Placement DTA-MS DTA-FLX
General Location Behind Behind, Side
K Front Street Parking
Setback2 30' minimum 30' min from block corner
10' min in other locations4
L Interior Side Setback
(mid-block lot)0' min
M Side Street Parking
Setback (corner lot)
30' min from block corner
10' min in other locations4
N Rear Setback: 5' minimum
Unified Land Development Code
Baytown, TX 88
4. DTA Parking1
Figure
Label Parking Placement DTA-MS DTA-FLX
from a
separate lot3
from an alley
0' minimum
Required Parking Spaces There is no minimum number of parking spaces for development within
the DTA district.
TABLE NOTES:
1. Parking shall be accessed from rear alleys or side streets whenever possible.
2. No new curbs cuts are permitted on Texas Avenue
3. No rear setback is required between adjacent lots that are sharing rear parking area
4. When a parking setback of less than 20 feet is used, the setback area must be planted with canopy shade trees on 25'
centers parallel to the street, or a 3-foot screening wall shall be constructed within the build-to zone.
5. DTA Permitted Building Frontages
See Subsec. 2.24-2, Frontage Types
6. DTA Permitted Encroachments
Encroachment Type
Front Corner Side Interior Side1 Rear1
X X
Building Facade Elements
Gallery/Arcade2 ♦♦----
Shopfront: awning, canopy, marquee,2 bay
windows3 ♦♦----
Upper Floor Balconies4 ♦♦----
Miscellaneous
Designated encroachments are allowed forward of the build-to zone. They may be permitted to project into or
above the right-of-way with an encroachment permit but may not block the required clear sidewalk.
TABLE NOTES:
1. Specified building and lot elements may encroach into required side and rear setbacks per Sec. 2.42, Allowances.
2. Galleries, awnings, and canopies may encroach into the street ROW to within 2 ft of the face of the curb or the edge of the tree
lawn, subject to approval by the Public Works Director.
3. Shopfront bay windows may project up to 2 feet forward of the build-to zone, but may not obstruct the minimum clear sidewalk.
4. Balconies may encroach above the street ROW up to a maximum of 6 ft, subject to approval by the Public Works Director.
TABLE KEY:
♦ = permitted
-- = prohibited
Unified Land Development Code
Baytown, TX 89
7. DTA Other Applicable Development Standards
Title Reference
Generally Applicable
Use-Specific Standards
-Limited and Special Uses
-Accessory uses such as outdoor display
-Temporary uses
Division 2.3, Use Standards
Buildings and Site Design Division 3.2, Building and Site Design
Parking, Loading, Stacking, and Access
-Parking Area Design
-Special Studies
Division 3.3, Parking, Loading, Stacking, and Access
Landscaping, Screening, and Buffering Division 3.4, Tree Preservation, Landscaping, and
Buffering
Signs Division 3.6, Signs
Environmental Management
-Flood Damage Prevention
-Flood Hazard Reduction
Chapter 110, Floods, of the City's Code of Ordinances
Subsec. 2.24-4 San Jacinto (SJ) District Dimensional Standards
SJ Example Buildings
Example of a new main street environment Example of new urban building in a flex sub-area
Unified Land Development Code
Baytown, TX 90
1. SJ District Purpose
The San Jacinto district is generally the area of the City along or near San Jacinto Boulevard.
The district is intended to provide a walkable, vibrant high-density urban environment with a range of uses in a
compact form. It will serve as a destination for the entire City with commercial, retail, entertainment, and civic
uses while also providing a new, mixed-use urban neighborhood with a range of housing options in close
proximity to the goods and services of daily life. Buildings are mixed-use and multi-story with medium-to-large
footprints. To support walkability, most buildings are generally close to the sidewalk with limited or no side
setbacks. The district should include new public and publicly accessible civic spaces and parking is primarily
shared--on the street, in structures, or in surface lots behind buildings and otherwise screened from view.
The district can accommodate more auto-oriented uses in limited locations.
The San Jacinto district is divided into 3 sub-areas: main street (SJ-MS), flex (SJ-FLX), and (SJ-3), as mapped. The
main street designation will be the most pedestrian-intense, with ground-floor shopfronts and other active uses
along the street. As the name implies, the flex designation permits a wider range of uses and building
configurations, but still provides a pedestrian-friendly, mixed-use environment.
Figure 2.24-4-1, Lot and Building Placement
Unified Land Development Code
Baytown, TX 91
2. SJ Building Placement & Lot Standards1
Figure Label Standard SJ-MS SJ-FLX SJ-3
A Front Build-to-Zone 0' minimum
5' maximum
0' minimum
15' maximum
10' minimum
20' maximum
B Property Frontage Buildout2 90% min 60% min3
40% min
90% max
C Interior Side Setback4 0' minimum 0' minimum 5' min
D Side Street Build-to Zone 0' minimum
10' maximum
0' minimum
20' maximum 10' min
E Minimum Rear Setback:4
(from lot)15'15'20'
(from alley/service drive)10'10'5'
--Maximum Building Footprint 40,000 sf 80,000 sf 12,000 sf
Unified Land Development Code
Baytown, TX 92
F Lot Width5 50' min
300' max
100' min
600' max
20' min
150' max
G Lot Depth5 100' min
200' max
100' min
400' max
100' min
200' max
Lot Coverage 90% max 65% max 80% max
--
Distance Between Building
Entrances on Building/Within
Same Development6
50' maximum 100'7
25' to 75' max,
depending on
configuration
--Private Open Area, % of lot
area, at or above grade 7.5%15%15%
TABLE NOTES:
1. In case of discrepancy with similar provisions, building placement standards by sub-area govern.
2.Loading docks and other service entries shall not be located facing streets within MS sub-areas nor any publicly accessible open
spaces.
3. In the SJ-FLX sub-area, the permitted unoccupied frontage shall not be permitted within 30 feet of the block corner, unless using a
chamfered building corner to provide a corner entry within the build-to zone.
4.Specified building and lot elements may encroach into required setbacks per Table 6. SJ Permitted Encroachments and
Sec. 2.42, Allowances.
5. A parking garage with a liner building, as defined in Subsec. 2.24-1, General Standards, may exceed the maximum lot width, depth,
and coverage with Planning Director approval.
6. The goal of this standards is to provide active street frontages, where pedestrians can come and go, creating a lively pedestrian
environment along the sidewalk. As an illustration, a building front facade in the SJ-MS sub-area that is 100 feet wide or less is only
required to have a single entrance. Doors that serve solely as emergency egress do not qualify as entrances.
7. In the SJ-FLX sub-area, the maximum distance between entrances within the same development may be exceeded in order to
provide a publicly accessible green or plaza. The space may include pedestrian pathways, including those that provide emergency
vehicular access, but not driveways.
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Baytown, TX 93
Figure 2.24-4-3, Building Height
3. SJ Building Height1
Figure
Label Standard SJ-MS SJ-FLX SJ-3
H Primary Building Height (in
stories)2, 3, 4
2 stories or 25' min
6 stories max
2 stories or 25' min
6 stories max
no min
4 stories
max
Accessory Building Height (in
stories) 1.5 stories max 1.5 stories max 1.5 stories
max
I Ground Story Height (floor to
ceiling)
14' min
25' max
12' min (commercial)
10' min (residential)10' min
J Upper Story Height 12' max 12' max 12' max
K
Ground Finished Floor
(above front sidewalk or
finished grade)
0" min 0" min (commercial) 18" min
(residential)18" min
Unified Land Development Code
Baytown, TX 94
3. SJ Building Height1
Figure
Label Standard SJ-MS SJ-FLX SJ-3
TABLE NOTES:
1. In case of discrepancy with similar provisions, building height by sub-area, governs.
2. Within 20 feet of then rear lot line, buildings may not be more than a half-story taller than the permitted
height of buildings on adjacent lots.
3. Habitable towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may
extend up to 20 feet above the designated height limit.
4. Specified building and lot elements may encroach above the maximum permitted height per Sec.
2.42, Allowances.
Figure 2.24-4-4, Parking
Unified Land Development Code
Baytown, TX 95
5. SJ Parking1
Figure Label Parking Placement SJ-MS SJ-FLX SJ-3
General Location Behind Behind, Side Behind, Side
K Front Street Setback2 30' minimum
30' min from block
corner
12' min in other
locations4
30' min from
block corner
12' min in other
locations4
L Interior Side Setback3
(mid-block lot)5' min in all sub-areas
M Side Street Setback
(corner lot)
30' min from block corner
12' min in other locations
N
Rear Setback:3
from a separate lot
from an alley/service
drive
10' minimum
5'
Required Spaces SJ-MS SJ-FLX SJ-3
TABLE NOTES:
1. Parking shall be accessed from rear alleys, service drives, or side streets whenever possible.
2. No curbs cuts permitted on primary frontage within SJ-MS sub-area
3. No rear or side setback is required between adjacent lots that are sharing parking area.
4. When a parking setback of less than 20 feet is used, the setback area must be planted with canopy shade trees on 25' centers parallel
to the street, or a 3-foot screening wall shall be constructed within the build-to zone.
6. SJ Permitted Building
Frontages
Building Frontage Type Descriptions &
Standards
See
Subsection 2.24-2,
Building Frontage
Types
Unified Land Development Code
Baytown, TX 96
7. SJ Permitted Encroachments1
Encroachment Type1
Front Corner Side Interior Side Rear
Building Facade Elements
Arcade/Gallery2 ♦ ♦----
Shopfront: awning, canopy, marquee,
balcony, bay window3 ♦♦----
Upper floor Balconies4 ♦♦
Architectural Features ♦♦----
Miscellaneous
Encroachments are allowed forward of the build-to zone, but may not encroach into the public right-of-way,
except for an arcade, gallery, or balconies in conjunction with an encroachment permit.
TABLE NOTES:
1 Specified building and lot elements may encroach into required side and rear setbacks per Sec. 2.42, Allowances.
2 Galleries, awnings, and canopies may encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the
Public Works Director.
3
Shopfront bay windows may project up to 2 feet forward of the build-to zone, but may not obstruct the minimum clear sidewalk.
4 Balconies may encroach into the street ROW up to a maximum of 6 ft, subject to approval by the Public Works Director.
TABLE KEY:
♦ = permitted
-- = prohibited
8. SJ Required Street Trees
Infill or Replacement Street Trees Min. No. Trees
Addition, Renovation, or New Building
< 2,500 sf --
≥ 2,500 sf - < 5,000 sf --
≥ 5,000 sf - <10,000 sf --
≥ 10,000 sf As required along all frontages
Miscellaneous
Priority should be placed on streetscape and landscaping of the public realm, over internal site landscaping.
All street trees shall be planted and maintained to avoid conflicts with pedestrians, large trucks and
fire/emergency vehicles. The minimum canopy clearance at maturity is 8 ft. over sidewalks and 14 ft. above
streets
The use of native species is encouraged.
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Baytown, TX 97
9. SJ Other Applicable Development Standards
Title Reference
Generally Applicable
Use-Specific Standards
-Limited and special uses
-Accessory uses such as outdoor display
-Temporary uses
Division 2.3, Use Standards
Buildings and Site Design Division 3.2, Building and Site Design
Parking, Loading, Stacking, and Access
-Parking Area Design
-Special Studies
Division 3.3, Parking, Loading, Stacking, and Access
Landscaping, Screening, and Buffering Division 3.4, Tree Preservation, Landscaping, and
Buffering
Signs Division 3.6, Signs
Environmental Management
-Flood Damage Prevention
-Flood Hazard Reduction
Chapter 110, Floods, of the City's Code of Ordinances
Sec. 2.25 Planned Unit Development
A.Purpose. The Planned Unit Development (PUD) district is a district designed to provide for the development
of land as an integral unit for single or mixed uses in accordance with a Detail Plan that may vary from the
established regulations of other zoning districts. It is the intent in such a district to ensure compliance with
good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning
classifications.
B.Application. An application for a PUD district shall be processed in accordance with 7.45, Planned Unit
Development.
C.Minimum Area of Site for PUD. The minimum area for PUD shall be five acres.
D.Base District. A base zoning district shall be specified. The regulations in the base zoning district shall control
unless specifically stated otherwise in the PUD. The base district specified in the plans is the minimum criteria
to be met where the developer and council choose not to specify standards as an alternative to the base.
E.PUD Standards. Development in the PUD district shall comply with the following standards:
1.Use Mixing. A PUD shall provide a mix of residential and nonresidential uses, when feasible.
2.Building Types. A PUD district shall provide a mix of building types, when feasible.
Unified Land Development Code
Baytown, TX 98
3.Pedestrian and Non-Motorized Connections. Pedestrian and non-motorized amenities shall be provided
to establish connections within the site, and to adjacent streets. Amenities may include, but are not
limited to:
a. Sidewalks and trails;
b. Wayfinding markers and signage;
c. Crosswalks, raised intersections, traffic signals, or other safety features;
d. Curb cuts for bicycles, wheelchairs, and other forms of non-motorized transportation; and
e. Paths that connect to buildings, parking areas, open space areas, and public streets.
4.Other Development and Subdivision Standards. The development standards and subdivision standards
proposed in a PUD shall meet or exceed those required in Article 3, Development Standards, and Article
4, Subdivision Design.
5.Standards Ineligible for Modification. A PUD shall not modify the following provisions:
a.Density. The permitted gross density in a PUD shall not exceed the maximum density permitted by
the base district as set forth in this Division.
F.Deviation from ULDC Standards. The PUD may depart from strict conformance with the eligible standards of
this ULDC to the extent specified in the Detail Plan and documents authorizing the PUD so long as the
proposal generally confirms to Paragraph E, PUD Standards, above, provides tangible benefits to the City or
to the neighborhood in which it is located. These benefits shall be in the form of provisions of exceptional
amenities, design excellence, or other public benefits. The waiver of any requirement shall be the direct
cause of accrual of positive benefits to the residents of the development and to the general public (e.g.,
waiver of yard requirements might result in more usable open space). Departure from any requirement
specified in this ULDC or other City ordinances and regulations is a privilege and shall be granted only upon
recommendation of the Planning and Zoning Commission and approval by the City Council.
Sec. 2.26 Special Purpose and Overlay Districts
Subsec. 2.26-1 Drilling Overlay District
A.Purpose. The Drilling Overlay District (DOD) is designed to provide for the immediate development of land as
an integral unit for drilling, oil or gas operations within the Goose Creek Oil Field. It is the intent in such a
district to ensure protection of adjacent properties and uses, while allowing multiple drilling sites and private
saltwater injection disposal wells with defined standards and conditions. The DOD is intended for property
where exploration and production of mineral resources is scheduled to begin within a two-year period from
the date of approval; it is not intended to and shall not be approved where evidence is not sufficient to
establish the immediacy of development, or where it appears intended to limit any development of the
surface area that might otherwise occur.
B.Applicability. The DOD may be overlaid on the property within the Goose Creek Oil Field with the following
exceptions:
1. Property zoned SR, MR, UR, SLR, or OR;
2. Property on which a residence, place of public assembly, hospital building, school, park, or a public or
private water well, unless a private water well is associated with drilling, oil or gas operations; and
3. Property on which structures exist that are used for human occupancy other than those associated with
drilling, oil or gas operations.
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Baytown, TX 99
C.Application. Application for a DOD shall be made consistent with this ULDC and submitted to the
Planning Director. Application forms shall be supplied by the Planning Director and shall include or be
accompanied, at a minimum, by the following at the time of submission to the Director:
1. The names, titles, contact information (telephone and email), and addresses of the applicant;
2. The names and addresses of all owners of land in the proposed drilling overlay district according to the
records of the County appraisal district;
3. A site plan showing the boundaries of the proposed DOD with dimensions from appropriate streets
and/or landmarks. If the property has been platted, the description shall also reference the subdivision,
block and lot numbers. The site plan must show, to the extent practicable, compliance with the
standards specified in subsection (E) of this section; and
4. The approximate location of all existing and known proposed sites for well bores, test wells, active
drilling operations, and private saltwater injection disposal wells.
D.Base District. The base zoning district shall be as adopted on the City's official zoning map. The regulations in
the base zoning district shall control in the absence of drilling, oil or gas operations.
E.Standards.
1.Commercial Saltwater Injection Disposal Wells. Commercial saltwater injection disposal wells are
prohibited.
2.Setbacks. Except as otherwise approved by the City Council in the creation of the DOD, the following
setback lines, wherein no activities, structures or appurtenances in a DOD are within:
a. Fifty feet from the DOD boundary; and
b. Two hundred feet setback from the shorelines of Goose Creek, Tabbs Bay, and Cedar Bayou, as
measured by the mean high-water level for the affected water body pursuant to Chapter 34 of the
Code of Ordinances. No DOD boundary setbacks shall be required between DOD boundaries at
points of adjacency.
3.Screening. Screening for the 50 feet closest to any public roadway, public park, public or private
recreational space, or DOD boundary of setbacks established in subsection (E)(2), above, shall be
required. No screening requirements shall be required between adjacent DOD boundaries.
4.Rail Service. No use utilizing rail service shall be permitted within the DOD.
5.Operation Hours. Site development and construction activities associated with drilling, oil or gas
operations shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Friday and
between 9:00 a.m. and 5:00 p.m. on Saturday and Sunday and will be considered "construction activity"
for purposes of compliance with Chapter 34, Article VII, Noise, of the Code of Ordinances.
Notwithstanding the time limitations herein and in chapter 34, Article VII, drilling will be allowed to run
the appropriate equipment 24 hours a day, seven days a week, during the initial drilling and reworking
of the well. Truck traffic associated with drilling and/or production, well servicing, site preparation,
delivery or removal of equipment and materials, and all related work conducted on the drilling site shall
be limited to the same work hour restrictions identified above except in cases of fires, blowouts,
explosions, and any other emergencies.
F.Planning and Zoning Commission Recommendation.
1. The Planning and Zoning Commission shall review and make recommendations regarding the DOD to
the City Council based upon the following criteria:
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Baytown, TX 100
a. All of the required information has been submitted by the applicant and the standards required in
subsections (B) and (E) of this subsection have been satisfied;
b. The use will not be injurious to the use and enjoyment of adjacent property or property
immediately across the street, and will not adversely affect a bald eagle or a threatened or
endangered species pursuant to the Federal Endangered Species Act;
c. The use will not impede the normal and orderly development and improvement of surrounding
property;
d. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or
will be provided as determined by city standards;
e. Adequate nuisance prevention measures have been or will be taken;
f. Sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and
compatibility with adjacent property; and
g. The use is in accordance with the comprehensive plan, other adopted city plans, and is
substantially consistent with the purposes and intent of the city's codes.
2. Additional Criteria. The Planning and Zoning Commission may recommend and the City Council may
adopt additional or revise listed criteria or conditions for any request for a Drilling Overlay District that
are needed to protect the public health, safety and welfare.
G.Approval of District. The City Council may, after receiving a recommendation from the Planning and Zoning
Commission, approve, approve with conditions or deny the creation of a DOD based upon the criteria
specified in subsection (F) of this Section and standards specified in subsections (B) and (E) of this Section.
The approved DOD shall be indicated on the official zoning map of the city.
H.Expiration of Overlay. A DOD is a zoning change and will not expire, provided the area is in active use and
permits have been issued by the city. If there is no progress on drilling, oil or gas operations, exploration and
production of mineral resources, a DOD shall be valid for two years from the date of its approval. The council
may, prior to expiration of this approval, for good cause shown, extend for up to 12 months the time for
which the DOD is valid. Once expired, the zoning designation reverts to the underlying zoning district, and all
future phases for the area included in the DOD are also expired.
I.Requirement to Notify of Changed Information/enforcement Action. An applicant or permittee has a
continuing obligation to update the Planning Director of any additional information related to the permitted
drilling, oil or gas operations. This includes any changes to any of the items included in the original
application and outlined in subsection C, above. The applicant or permittee shall promptly notify the
Planning Director of any changed information or complaints or enforcement action by any governmental
entity and the outcome of such investigations. Information regarding complaints or enforcement actions by
another governmental entity shall be provided to the Planning Director within ten days of receipt by the
permittee or applicant.
Sec. 2.27 Civic and Open Space Types
A.Applicability.
1.Generally. Civic and open space is required by specific zoning districts established in Division 2.2, Zoning
Districts and Dimensional Standards, and is elaborated upon by this Section. The intent of this section is
to guide the applicant to fulfill the district’s civic and open space requirements. Each zoning district is
assigned a ratio that is based on the district’s context with some open spaces allocated extra
credit based on their value to the district character, achievement of other City policies (such as the use
Unified Land Development Code
Baytown, TX 101
of low-impact development (LID) design to reduce stormwater runoff), and the relative cost to provide
and maintain the space.
2.Exemptions. Civic and open space requirements do not apply to the following on existing lots of record:
a. Single-unit detached homes; or
b. Duplex homes.
B.Exclusions for Civic and Open Spaces. The following areas shall not be counted as open space:
1.Yards. Private yards on individual lots;
2.Driveways and Landscaping. Driveways, parking areas, and required landscape islands;
3.Structures. Land covered by structures not designated for active or passive recreational uses; and
4.Outdoor Display and Storage. Designated outdoor display and storage areas, as permitted.
C.Prohibited Uses of Civic and Open Spaces. Required open space shall not be used for the following
purposes:
1.Wastewater. Individual wastewater disposal systems;
2.Electrical. Overhead electrical transmission lines or high voltage electrical transmission lines; and
3.Pavement. Streets (except for street crossings as provided in the site development plan) and impervious
surface parking lots.
D.Qualifying Open Space.
1.Generally. Access to the civic and open space shall be designated for active use by residents or members
of the general public.
2.Required Space. Where the zoning district or this Section requires open space, the following areas count
toward the total requirement at the rate as required by the zoning districts established in Division 2.2,
Zoning Districts and Dimensional Standards.
3.Character. Land reserved by the developer for open space shall be of a character and location suitable
for the proposed use and must meet the minimum requirements for each open space type allowed as
defined in each district.
4.Location. Civic and open space shall be readily accessible to and visible from the street and connected to
a public sidewalk.
5.Perimeter Access. A minimum of 25 percent of the perimeter of required open space shall abut a street.
6.Accessibility. The civic and open space shall be designed in accordance with the Americans with
Disabilities Act requirements.
Table 2.27-1, Civic and Open Space Types
Category Visual Example Character and Location
Site Improvements
Enhanced Pa
rking Lot
Landscaping
Parking lot landscaping exceeding the requirements of Sec. 3.42,
Development Landscaping, and consisting of green infrastructure
consistent with the City of Baytown Stormwater Management Plan or
a landscaped walkway with landscaping and streetscaping of at least
10 feet in width that connects sidewalks to the front building
entrance. Parking lot landscaping does not function as stormwater
management.
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Baytown, TX 102
Table 2.27-1, Civic and Open Space Types
Category Visual Example Character and Location
Enhanced St
ormwater
Management
Stormwater management features that comply with the City of
Baytown Stormwater Management Plan and designed for
recreational use or as a common open space, and that: (1) comprise
of at least 0.5 contiguous acres; (2) cannot be inundated and become
unusable for their designated recreational or open space purposes (3)
are capable of draining within 24 hours during a 10-year storm event;
and (4) are constructed of natural materials with terracing, berms or
contouring to naturalize and enhance the aesthetics of the features,
and with maximum slopes of 3:1.
Common Open Spaces
Natural
Areas
Areas established for the protection of natural attributes of local,
regional, and statewide significance, which may be used in a
sustainable manner for scientific research, education, aesthetic
enjoyment, and appropriate use not detrimental to the primary
purpose (other than wetlands as provided above). These areas are
resource rather than user-based, but may provide some passive
recreational activities such as hiking, nature study, and picnicking.
Active recreation facilities are not appropriate. Natural Areas may
include riparian buffers, floodplains, or natural wetlands visible from
walkways provided in and through the wetland.
Greenways
A series of connected natural areas for passive recreation (including
areas protected by state or federal law) such as ravines, creeks,
streams, woodlands, floodplains, or protected tree canopy that
connect buildings or gathering spaces with trail systems, or that
buffer the site from streets or neighboring areas.
Community
Gardens
A site operated and maintained by a homeowners' association or the
public to cultivate trees, herbs, fruits, vegetables, flowers, or other
ornamental foliage for personal use, consumption, donation or off-
site sale of items grown on the site.
Parks
An open space area improved with playground equipment1 or other
active recreation improvements. These may be surrounded by street
frontages and building frontages, but this is not required. There is no
minimum or maximum size for a park, but the site shall be designed
with a minimum of 60% pervious cover with remainder consisting of
amenities, crushed stone, or pavers. All walkways shall connect to the
adjacent sidewalk in the public right-of-way.
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Baytown, TX 103
Table 2.27-1, Civic and Open Space Types
Category Visual Example Character and Location
Rooftop
Garden
A vegetated space on top of a flat or gently sloped roof. Space is
usable by the general public, residents, employees, or customers. Any
rooftop garden installed shall provide a roof edge protection to avoid
loose material from falling. This edge shall include an opaque
perimeter barrier with a minimum height of 42 inches.
Civic Spaces
Plazas
An open area with seating that is adjacent to, or part of, a building.
Plazas function as gathering places and may incorporate a variety of
non-permanent activities such as vendors and display stands. A plaza
requires a minimum depth and width of 10 feet and a minimum total
area of 300 square feet.
Squares
An area improved with a combination of lawn, landscaping and
seating areas, and that are accessible to the public or the project’s
tenants or customers. A square shall be a minimum of 10,000 SF.
Courtyards A contiguous open area, open to the public, that is completely or
mostly enclosed by the walls of an adjacent building.
Common
Greens
A common open space available for unstructured recreation, its
landscaping consisting of grassy areas, trees, shrubs, and other
landscaping.
Recreation A
reas A hard-surfaced recreation area such as a tennis court.
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Baytown, TX 104
Table 2.27-1, Civic and Open Space Types
Category Visual Example Character and Location
School Sites An open space, playground, or facility utilized by the school during
school hours, but otherwise open for public use.
Community
Centers or
Other Public
Facilities
A building and grounds used as a place of meeting, recreation, or
social activity.
Table Notes:
1. All playground equipment shall be compliant with U.S. CPSC standard 325, 2010, “Public Playground Safety Handbook,” U.S. Consumer
Protection Safety Commission, Bethesda, MD.
E.Public Uses.
1.Common Open Spaces. All land reserved for dedication to the municipality shall have prior approval by
the City Council and shall be noted on the plat: “Reserved for common open space purposes."
2.School Sites. All land reserved for dedication for public school use shall be reviewed by the Board of the
respective school district. Said property shall be noted on the plat: “Reserved for school.”
3.Community Centers or Other Public Facilities. All land reserved for dedication for a community center or
other public facility use shall be reviewed by a public entity with responsibility, capacity, and jurisdiction
for acceptance, development, operation, and maintenance of said facility. All land reserved for
dedication to the public facility shall be noted on the plat “Reserved for public (type of facility).”
4.Plat to Provide for Common Open Spaces and Civic Spaces.
a. Where a tract to be subdivided includes common open space or civic space, the applicant shall
arrange for a Pre-Application Conference with the Planning Director, in accordance with Sec. 7.21,
Pre-Application Conference, and indicate said information on the Sketch Plan.
b. Upon submittal of a Master Development Plan, in accordance with Sec. 7.42, if the Planning and
Zoning Commission and the appropriate local government official or public agency determines a
continued need for the public facility indicated on the Comprehensive Plan, the applicant shall
incorporate the proposed site onto the preliminary and final plats.
5.Notice to Property Owner. Upon receipt of an affirmative report, the Planning and Zoning Commission
shall notify the property owner and shall designate on the preliminary and final plats the area proposed
for acquisition by the public body.
6.Duration of Land Reservation. Unless a part of an approved Capital Improvements Program, the
acquisition of land reserved by a public agency on a Preliminary Plat or final plat shall be initiated
within 12 months of the date of approval by the Planning and Zoning Commission of the Preliminary
Plat. If the public agency fails to initiate acquisition within the prescribed 12 months, the 12-month
Unified Land Development Code
Baytown, TX 105
reservation period shall expire, thereby, freeing the property for development according to these
regulations.
F.Ownership and Management of Open Space.
1.Ownership. Required open space shall be owned and maintained by one of the following entities:
a. Land Conservancy or Land Trust. A bona fide land conservancy or land trust with legal authority
may own the open space. The responsibility for maintaining the open space and any facilities may
be borne by a land conservancy or land trust.
b. Homeowners' Association (HOA). A homeowners' association representing residents of the
development may own the open space. The homeowners' association must have lien authority to
ensure the collection of dues from all members. The responsibility for maintaining the open space
and any facilities is borne by the homeowners' association.
2.Conveyance. The conveyance of common open space shall be in accordance with the following:
a. Open space shall be conveyed to the land conservancy or homeowners' association in fee simple
without any encumbrances except drainage, greenway and utility easements. Title to the real
property shall be conveyed no later than the time of the conveyance of the first lot within the
applicable phase of the development.
b. Open space shall be preserved for the perpetual benefit of the residents within the development
and it shall be restricted against private or public ownership for any other purpose except
acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage, and
greenway easements.
Division 2.3 Use Standards
Sec. 2.31 Consolidated Use Table
A.Permitted Uses. Permitted uses and structures are set forth in Table 2.31-1, Land Use Table, which presents
the permitted uses within each zoning district classification.
1.Symbols. Table 2.31-1 uses the following symbols:
a. "P" means that the land use is Permitted by Right, subject to the standards that apply to all
Permitted uses.
b. "L" means a Limited Use, in which the Planning Director shall use the criteria set forth in 2.33, Use-
Specific Standards, to determine whether to authorize a land use requested by the applicant or
whether to recommend it for a decision of the Planning and Zoning Commission subject to the
procedures set forth in Sec. 7.44, Special Use Permit.
c. "S" means a Special Use, which may be approved following a public hearing by the City Council for
a Special Use Permit, subject to:
i. The standards in 2.34, Special Use Standards; and
ii. The procedures set forth in 7.44, Special Use Permit.
d. "--" means that the use is Prohibited in the specified zoning district.
2.Use Standards. The "Use Standards" column provides a reference to associated standards for Limited
and Special Uses. Where the "--" is in the column, the use has no associated standards.
Unified Land Development Code
Baytown, TX 106
3.Unlisted Use Categories and Uses. A use category of specific use is prohibited if it is not listed in Table
2.31-1 and if the Planning Director cannot interpret an unlisted specific use as functionally similar to a
use that is allowed, based on the criteria in 2.38, New and Unlisted Uses.
Table 2.31-1, Land Use Table
Key: P = Permitted Use | S = Special Use | L = Limited Use | -- = Prohibited
CV = Conventional Development Type | CS = Cluster Development Type | IF = Infill Development Type | MS = Main Street | FLX = Flex
Zoning Districts
Residential Mixed-Use Non-
Residential
ER SR MR UR DTA SJ Use Category Specific Uses
CV CV CS CV
&
I
F CV I
F
AR MUN M
S
M
S FLX FLX
SJ
-
3
N
C GC FC LI HI OR
Use Standards
AGRICULTURE AND ANIMAL USE SERVICES
Agricultural Sales
and Service ----------------------------P ----------
Community Garden P P P P P P P P --P --P P P P --P P P --
Kennel ----------------------------L --P ----2.33-2
Greenhouse or
Nursery L L L ----------------------P P P ----2.33-2
Veterinary Clinic or
Veterinary Hospital --------------L --L --L L --L L P ----2.33-2
Agriculture
and Animal
Uses
All Agricultural
and Animal Uses Not
Listed Above
L L --L ------L ------------L --L L L 2.33-2
RESIDENTIAL USES
Cottage Court
Community ------------L L ----------------------2.33-3
2.26
Dwelling, Single-Unit
Detached P P P P P P --P ------------------------
Dwelling, Single-
Unit Attached --L L P P P --P --P --P --------------2.33-3
Dwelling,
Townhouse ------P P P --P --P --P ----------------
Dwelling, Duplex ------P P P --P --P --P ------------2.33
Dwelling, Multiplex ------P P P --P --P --P ----------------
Dwelling,
Apartment --------P P ------P --P P ----P --------
Dwelling, Live/Work ----------L --L L P L P P ------------2.33-3
Industrialized Home P P P P P P --P --P --P ----------------
Upper-Story
Residential ----------P --P P P P P P --------------
Manufactured Home
(HUD -Code)------------L ------------------------2.33-3
Household
Living
Manufactured Home
Park ------------L ------------------------2.33-3
Group Living Assisted Living
Facility or Nursing
Home
--L --L L L L L --L --L L --L --------2.33-3
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Baytown, TX 107
Table 2.31-1, Land Use Table
Key: P = Permitted Use | S = Special Use | L = Limited Use | -- = Prohibited
CV = Conventional Development Type | CS = Cluster Development Type | IF = Infill Development Type | MS = Main Street | FLX = Flex
Zoning Districts
Residential Mixed-Use Non-
Residential
ER SR MR UR DTA SJ Use Category Specific Uses
CV CV CS CV
&
I
F CV I
F
AR MUN M
S
M
S FLX FLX
SJ
-
3
N
C GC FC LI HI OR
Use Standards
Community Home
for Persons with
Disabilities
--L L L L L L L ----------------------2.33-3
All Group Living Uses
Not Listed Above --------------S --S --S S --S --------2.34
Residential
Accessory
Use
Accessory Dwelling
Unit L L L L L L L L ------------L --------2.35
PUBLIC AND CIVIC USES
Funeral Services --------------L --L --L L --P P P ----2.33-4
Place of Public
Assembly L L L L L L L P P P P P P P P P P ----2.33-4
Senior, Community,
or Youth Center --P P P P P P P --P --P P P P P P --P --Community Facility
All Community
Facility Uses Not
Listed Above
--------------P --P --P P ----P --------
Adult Day Care
Center --------------L --L --L L L L L L L --2.33-4
Day Care Child Day
Care Center or Pre-
School
--------L L L L --L --L L L L L L ----2.33-4
College or
University --------------P --P --P P P P P P ------
School,
Private, Public, or
Denominational
P P P P P P P P --P --P P P P ------P --
Vocational and
Trade School --------------P --P --P P P P P P ------
Educational
Facilities
All Educational
Facilities Not Listed
Above
L L L L L L L P --P --P P P P P ------2.33-4
Government
Facilities
All Government
Facilities P P --P P --P P --P --P P P P P P P P --
Medical or Dental
Office or Clinic --------------P P P P P P P P P P P ----
Hospital --------------P ------P P --P P P ------Medical Facilities
All Medical Facilities
Not Listed Above --------------P --P --P P P P P P ------
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Table 2.31-1, Land Use Table
Key: P = Permitted Use | S = Special Use | L = Limited Use | -- = Prohibited
CV = Conventional Development Type | CS = Cluster Development Type | IF = Infill Development Type | MS = Main Street | FLX = Flex
Zoning Districts
Residential Mixed-Use Non-
Residential
ER SR MR UR DTA SJ Use Category Specific Uses
CV CV CS CV
&
I
F CV I
F
AR MUN M
S
M
S FLX FLX
SJ
-
3
N
C GC FC LI HI OR
Use Standards
Cemetery,
Columbarium,
Mausoleum, and
Memorial Park
S S S S S S S ----------------------P 2.34
Park P P P P P P P P --P --P P P P P P P P --
Parks and Open
Areas
All Parks and Open
Areas Not Listed
Above
P P P ------------------------P ----P --
Passenger Terminals
All Passenger
Terminals Not Listed
Above
------------------L --L L P P P --P --2.33-4
Social Service
Establishments
All Social Service
Establishments ----------------------P P P P P --------
Battery Storage
System Facility ----------------------------S S P P --2.34
Solar Panel Arrays
(Principal Use)----------------------------S S S S --2.34
Utilities, Minor P P P P P P P P P P P P P P P P P P P --
Utilities, Major S S S S S S S S --S --S S S S S S S S 2.34
Utilities
Wireless
Telecommunications
Facilities
L L L L L L L L L L L L L L L L L L L 2.37
COMMERCIAL USES
Banking or Credit
Union --------------P L P L P P P P P ------2.33-5
Offices All Office Uses Not
Listed Above --------------P L P L P P P P P P ----2.34
Bed and Breakfast L L L L L L L P --P --P P ------------2.33-5
Hotel --------------S L L L L L --L P ------2.33-5
Recreational Vehicle
(RV) Park ------------S --------------S --S ----2.34
Short-Term Rental S S S S S S S S --S --S S ------------2.33-5
2.15.F.7
Overnight
Accommodations
All Overnight
Accommodations
Not Listed Above
--------------P --P --P P --P P --------
Truck Parking Lot ------------------------------L L L --2.33-5.Q
Parking, Commercial All Commercial
Parking Uses Not
Listed Above
--------------L L L L L ----P P P P --2.33-5
Entertainment,
Indoor
Bar, Tavern, and
Lounge --------------L L L L L L L L L ------2.33-5
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Table 2.31-1, Land Use Table
Key: P = Permitted Use | S = Special Use | L = Limited Use | -- = Prohibited
CV = Conventional Development Type | CS = Cluster Development Type | IF = Infill Development Type | MS = Main Street | FLX = Flex
Zoning Districts
Residential Mixed-Use Non-
Residential
ER SR MR UR DTA SJ Use Category Specific Uses
CV CV CS CV
&
I
F CV I
F
AR MUN M
S
M
S FLX FLX
SJ
-
3
N
C GC FC LI HI OR
Use Standards
Health Club or
Physical Fitness
Services
--------------P P P P P P P P P P ------
Sexually-Oriented
Business ----------------------------------S --2.34
All Indoor
Entertainment Not
Listed Above
--------------L --P --P P P P P ------2.33-5
Country Club --P P P P P P ----------------------P --
Golf Course --P P P P P P ----------------------P --Entertainment,
Outdoor All Outdoor
Entertainment Not
Listed Above
--------------L ------L L L L L ------2.33-5
Restaurants, Drive-
Through or Drive-In --------------L ------L L --P P P P --2.33-5
Restaurants All Restaurants Not
Listed Above --------------P P P P P P P P P P P ----
Big Box Retail ----------------------L L L L L ------2.33-5
Grocery or Drug
Store --------------L L L L L L L P P ------2.33-5
Pawn Shop ----------------------------L L ------2.33-5
Repair-Oriented
Uses --------------L L L L L L P P P P ----2.33-5
Service-Oriented
Uses --------------P P P P P P P P P --------
Small Box Retail --------------P ------P P --P P --------
Retail Repair, Sales,
and Service
All Retail Repair,
Sales, and Service
Uses Not Listed
Above
--------------P P P P P P P P P --------
Boat and RV
Storage --------------------------------P P ----
Self-Service Storage All Self-Service
Storage ----------------------L ----L L P ----2.33-5
Car Wash ------------------------P --P P --------
Truck Sales, Service,
Rental and Repair ------------------------------P --P ----
Travel Center ------------------------------L P P --2.33-5
Vehicle Sales,
Rental, and Service
Truck Stop ------------------------------L P P --2.33-5
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Table 2.31-1, Land Use Table
Key: P = Permitted Use | S = Special Use | L = Limited Use | -- = Prohibited
CV = Conventional Development Type | CS = Cluster Development Type | IF = Infill Development Type | MS = Main Street | FLX = Flex
Zoning Districts
Residential Mixed-Use Non-
Residential
ER SR MR UR DTA SJ Use Category Specific Uses
CV CV CS CV
&
I
F CV I
F
AR MUN M
S
M
S FLX FLX
SJ
-
3
N
C GC FC LI HI OR
Use Standards
Vehicle and Boat
Sales, Rental, and
Leasing
--------------S ----L ------L L P ----2.33-5, 2.34
Vehicle Fueling
Station --------------L ------L L P P P P-P --2.33-5
Vehicle Service and
Repair ----------------------L L P P P P P --2.33-6.T
INDUSTRIAL USES
Packaging
(Hazardous
Materials)
----------------------------------S --2.34
Sandblasting --------------------------------S S --2.34
Slaughterhouse ----------------------------------S --2.34
Heavy
Industrial
All Heavy Industrial
Uses Not Listed
Above
----------------------------------P ----
Contractor's Shop
and/or Service Yard --------------L ------------L L --P --2.33-6.A
Equipment Sales and
Rental Facilities ----------------------L ----L L P P --2.33-6
Industrial and
Manufacturing
Product Sales and
Supply
----------------------------------P ----
Micro-
Manufacturing --------------L L L L L L P P P P P --2.33-6
Supply House ----------------------------L --L P --2.33-6
Light
Industrial
All Light Industrial
Uses Not Listed
Above
---------------------------------P P ----
Excavation --------------------------------S S --2.34Resource
Extraction All Resource
Extraction Uses ----------------------------------S --2.34
Outdoor Storage
Yard --------------------------------P P ----Warehousing
and Freight
Movement
All Warehousing and
Freight Movement
Uses Not Listed
Above
--------------------------------P P --2.33-6
Waste-Recycling Center --------------------------------L P --2.33-6
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Table 2.31-1, Land Use Table
Key: P = Permitted Use | S = Special Use | L = Limited Use | -- = Prohibited
CV = Conventional Development Type | CS = Cluster Development Type | IF = Infill Development Type | MS = Main Street | FLX = Flex
Zoning Districts
Residential Mixed-Use Non-
Residential
ER SR MR UR DTA SJ Use Category Specific Uses
CV CV CS CV
&
I
F CV I
F
AR MUN M
S
M
S FLX FLX
SJ
-
3
N
C GC FC LI HI OR
Use Standards
Junkyard, Salvage
Yard, or Wrecking
Yard
----------------------------------S --2.34Related
All Waste-Related
Uses Not Listed
Above
--------------------------------S P --2.34
Sec. 2.32 Use Categories
2.32-1 General
A.Approach to Categorizing Uses. The Use Categories found in the use table above are described in this
Section. Specific uses may be further defined in Article 10, Word Usage. Any proposed use not specifically set
forth in this Section is prohibited, unless the Planning Director determines, based on the criteria in 2.38, New
and Unlisted Uses, that the proposed use is similar to a permitted, limited or special use.
B.Basis for Classifications. Use Categories classify land uses based on common functional or physical
characteristics. Characteristics include the type and amount of activity, how goods or services are sold or
delivered, and likely impact on surrounding properties and site conditions. The Use Categories provide a
systemic basis for assigning land uses to appropriate zoning districts and for consistently regulating similar
uses in regard to parking and other requirements in this ULDC.
C.Developments with Multiple Primary Uses. Developments with multiple primary uses shall conform to the
following provisions:
1. When all primary uses of a development fall within the same Use Category, the entire development is
assigned to that Use Category.
2. When the primary uses of a development fall within different Use Categories, each primary use is
classified in the applicable Use Category and each use is subject to all applicable regulations for that Use
Category. For example, where a use has a specific use standard applied (such as a minimum site
acreage) in 2.33, Limited Use Standards, or in a dimensional standards table, the standard applies even
when that use is part of a development with multiple primary uses.
D.Characteristics. The “Characteristics” subsection of each Use Category table below describes the common
characteristics of each primary use.
E.Primary Uses. The "Primary Uses" portion of each Use Category table lists primary uses common to that Use
Category. The names of these sample uses are generic and are based on common meanings, not on what a
specific use may call itself. For example, a use that calls itself "Wholesale Warehouse," but sells mostly to
Unified Land Development Code
Baytown, TX 112
retail consumers, is included in the Retail Repair, Sales, and Service category rather than the Wholesale Trade
category.
F.Accessory Uses. Accessory uses are generally allowed by right in conjunction with a primary use. However,
specific accessory uses with parenthetical cross-references in the Use Category tables are permitted subject
to additional standards in 2.35, Accessory Uses and Structures.
2.32-2 Agriculture and Animal Service Use Categories
The following tables set forth the primary uses and accessory uses included in each agriculture and animal
service use category:
A.Agriculture and Animal Services
Table 2.32-2-1,
Agriculture and Animal Services Use Category
Characteristics: Uses primarily related to the commercial production, storage, processing, marketing,
distribution, or export of floricultural, horticultural, or viticultural crops, and the small-scale keeping and
treatment of animals.
Primary Uses Accessory Uses
Agricultural Sales and Service
Community Garden
Chick Hatchery
Crop Production including Floriculture, Horticulture,
Pasturage, Row and Field Crops, Viticulture or Orchard
Greenhouse or Nursery
Kennel
Livestock Production including Cattle, Horses, Hogs,
Donkeys, Sheep, Goats, Poultry, Rabbits, and Other
Small Animals, Apiculture, Aquaculture, or Animal
Breeding and Development
Livestock Sale or Auction
Stables, Boarding
Veterinary Clinic or Veterinary Hospital
Other uses meeting the characteristics of the
Agriculture and Animal Service Use Category
Associated Office
Barn, Silo, Stable (Private) or Other Agricultural Storage
Buildings Associated with Agricultural Uses Being
Pursued On Site
Greenhouse, Commercial or Noncommercial
Dock or Pier (Noncommercial)
Minor Utilities
Parking and Storage of Operable Farm Vehicles and
Farm Machinery
Refuse Containers (Sec. 2.35)
Roadside Stand
Slaughtering, Processing and Packaging of Animals
Raised On-site
Subsec. 2.32-3 Residential Use Categories
The following tables set forth the primary uses and accessory uses included in each residential use category:
A.Household Living
Unified Land Development Code
Baytown, TX 113
Table 2.32-3-1,
Household Living Use Category
Characteristics: Residential occupancy of a dwelling unit by a household on a month-to-month or longer basis
in structures with self-contained dwelling units, including kitchens.
Primary Uses Accessory Uses
Cottage Court
Community
Dwelling, Single-
Unit Detached
Dwelling, Single-
Unit Attached
Dwelling,
Townhouse
Dwelling,
Apartment
Dwelling, Live-
Work
Duplex
Triplex
Multiplex
Manufactured
Home
Upper-Story
Residential
Other uses
meeting the
characteristics of
the
Household Living
Use Category
Accessory Dwelling Unit (2.35)
Adult or Child Care Home
Beauty Parlor or Barbershop
Bed and Breakfast Home (2.35)
Day Care (up To 12 Children) (2.35)
Community Garden (2.35)
Dock or Pier (noncommercial)
Garage, Private
Greenhouse Or Nursery (noncommercial)
Home Occupation (2.35)
Leasing Office for Manufactured Home Park or Apartment Complex
Minor Utilities
Pool House
Private Community Center
Refuse Containers (2.35) (for Apartments and Manufactured Home Parks)
Solar Panel Array
Stable (Private)
Swimming Pool (2.35)
Other miscellaneous household amenities
B.Group Living
Unified Land Development Code
Baytown, TX 114
Table 2.32-3-2,
Group Living Use Category
Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of
Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures
have a common eating area for residents, and the residents may receive care or training. Caregivers may or
may not reside on site.
Primary Uses Accessory Uses
Assisted Living Facility
Boarding and/or Rooming
House
Community Home for
Persons with Disabilities
Fraternity, Sorority, or
Dormitory
Group Home
Halfway House
Homeless Shelter
Nursing Home
Orphanage
Other uses meeting the
characteristics of the Group
Living Use Category
Associated Office
Community Garden (2.35)
Facilities for Treatment of Sickness, Injuries or Surgical Care
Food Preparation and Dining Facility
Garden
Greenhouse or Nursery (noncommercial)
Minor Utilities Pool House
Private Community Center
Swimming Pool (2.35)
Recreational Facility
Refuse Containers (2.35)
Other miscellaneous household amenities
Subsec. 2.32-4 Public and Civic Use Categories
The following tables set forth the primary uses and accessory uses included in each public and civic use category:
A.Community Facility
Unified Land Development Code
Baytown, TX 115
Table 2.32-4-1,
Community Facility Use Category
Characteristics: Uses of a public, nonprofit, or charitable nature providing social activities, training or
counseling to the general public on a regular basis, without a residential component.
Primary Uses Accessory Uses
Aquarium, Museum, Library, or Gallery
Assembly, Convention, Event, Exhibition, or
Meeting Center
Funeral Service
Philanthropic Organization (i.e. Scouting, Salvation
Army, United Way, Heart Association, YWCA, YMCA)
Place of Public Assembly
Senior, Community, or Youth Center
Other uses meeting the characteristics of the
Community Services Use Category
Assembly Hall
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Classrooms
Community Garden (2.35)
Day Care
Food Preparation and Dining Facility
Library
Limited Retail Sales Area
Minor Utilities
Nursery School or Pre-school
Recreation Facility
Refuse Containers (2.35)
B.Day Care
Table 2.32-4-2,
Day Care Use Category
Characteristics: Uses providing care, protection, and supervision for at least 17 children or adults on a regular
basis away from their primary residence. Care is typically provided to a given individual for fewer than 18
hours each day, although the facility may be open 24 hours each day.
Primary Uses Accessory Uses
Adult Day Care Center
Child Day Care Center
Other uses meeting the characteristics of the Day Care
Use Category
Associated Office and Storage
Community Garden (2.35)
Food Preparation and Dining Facility
Garden
Minor Utilities
Recreation Facility
Refuse Containers (2.35)
C.Educational Facilities
Unified Land Development Code
Baytown, TX 116
Table 2.32-4-3,
Educational Facilities Use Category
Characteristics: Public and private schools at the elementary, middle, or high school level that provide basic
academic education. Also includes colleges and other institutions of higher learning that offer courses of
general or specialized study leading to a degree usually in a campus selling.
Primary Uses Accessory Uses
Kindergarten or Child Care Center
School, Public or Private, Elementary or Secondary
Nursing or Medical School not Associated with a
Hospital
University or College
Other uses meeting the characteristics of the
Educational Facilities Use Category
Assembly Hall
Associated Office and Storage
Auditorium or Theater
Before- and After-School Day Care
Community Garden (2.35)
Concession
Dormitory
Food Preparation and Dining Facility
Garden
Laboratory
Library
Medical Clinic
Minor Utility
Recreation Facility
Refuse Container (2.35)
D.Government Facilities
Unified Land Development Code
Baytown, TX 117
Table 2.32-4-4,
Government Facilities Use Category
Characteristics: Offices, storage, maintenance, and other facilities for the operation of local, state, or federal
government.
Primary Uses Accessory Uses
Government Administration Offices
City, County, State, or Federal Parking Lot or
Maintenance Area
City, County, State or Federal Detention Center, Jail, or
Prison
Emergency Services, Police or Fire Station
Post Office
Other uses meeting the characteristics of the
Government Facilities Use Category
Associated Helicopter Landing Facility
Associated Storage
Community Garden (2.35)
Day Care for Children of Employees
Dormitory
Medical Clinic for Employees or Inmates
Meeting Space
Minor Utilities
Fleet Maintenance
Food Preparation and Dining Facility
Fueling Facility
Recreation Facility
Refuse Containers (2.35)
E.Medical Facilities
Table 2.32-4-5,
Medical Facilities Use Category
Characteristics: Uses providing medical or surgical care to patients. Some uses may offer overnight care.
Primary Uses Accessory Uses
Acupuncture Clinic
Blood or Blood Plasma Center
Chiropractor
Drug, Alcohol or Psychiatric Treatment Center, Out-
patient
Hospital
Medical or Dental Office, Clinic, or Laboratory
Urgent care or emergency medical center
Other uses meeting the characteristics of the Medical
Facilities Use Category
Associated Helicopter Landing Facility
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Classrooms
Community Garden (2.35)
Day Care for Children of Employees or Patients
Dormitory
Fleet Maintenance
Food Preparation and Dining Facility
Garden
Minor Utilities
Place of Worship
Pharmacy
Recreation Facility
Refuse Containers (2.35)
F.Parks and Open Areas
Unified Land Development Code
Baytown, TX 118
Table 2.32-4-6,
Parks and Open Areas Use Category
Characteristics: Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor
recreation areas, or community gardens, and having few structures.
Primary Uses Accessory Uses
Botanical Garden, Nature Preserve, or Trail
Campground
Cemetery, Crematorium, or Mausoleum
Dog Park, Public
Memorial Park
Park or Playground
Recreational Trail
Other uses meeting the characteristics of the Parks and
Open Areas Use Category
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Boat Launch
Community Garden (2.35)
Concession
Dining Area
Dock or Pier (Noncommercial)
Garden
Minor Utilities
Recreation Facility
Refuse Containers (2.35)
Single Attached Residential Unit for Caretaker
G.Passenger Terminals
Table 2.32-4-7,
Passenger Terminals Use Category
Characteristics: Uses providing facilities for the takeoff and landing of airplanes and helicopters, and terminals
for taxi, rail, or bus service.
Primary Uses Accessory Uses
Airport or Heliport
Bus Terminal
Bus Garaging and Equipment Maintenance
Railroad Terminal (Passenger and Freight)
Taxicab Terminal
Transportation Service Facilities, Including but not Limited to Those for
Taxicab, Limousine, or Bus
Other uses meeting the characteristics of the Passenger Terminals Use
Category
Associated Office and Storage
Associated Retail Sales Area Related to
the Primary Use
Concession
Fleet Maintenance
Freight Handling Area
Fueling Facility
Minor Utilities
Refuse Containers (2.35)
H.Social Service
Unified Land Development Code
Baytown, TX 119
Table 2.32-4-9,
Social Service Use Category
Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems;
transient housing related to social service programs; and housing for individuals legally confined.
Primary Uses Accessory Uses
Detention Center, Jail, Or Prison (Private)
Drug, Alcohol, or Psychiatric Treatment Center, In-
patient
Soup Kitchen
Domestic Abuse or Transient Shelter
Other uses meeting the characteristics of the Social
Service Use Category
Associated Office and Storage
Classrooms
Community Garden (2.35)
Day Care for Children of Employees or Clients
Dormitory
Food Preparation and Dining Facility
Garden
Library
Meeting Space
Minor Utilities
Recreation Facility
Refuse Containers (2.35)
Other Miscellaneous Household Amenities
I.Utilities
Unified Land Development Code
Baytown, TX 120
Table 2.32-4-10,
Utilities Use Category
Characteristics:
Minor: Public or private infrastructure serving a limited area with no on-site personnel.
Major: Public or private infrastructure serving the general community, that may or may not be maintained or
regulated by a public or municipal entity, and possibly having on-site personnel.
Primary Uses Accessory Uses
Minor Utilities:
Cell Antenna
Battery Storage System Facility
Public or Municipally-owned Utilities
Sewage Pressure Control Station or Lift Station
Solar Panel Array (roof-mounted or Ground-mounted,
850 Square Feet or Less)
Stormwater Retention or Detention Facility
Telephone Exchange
Water or Wastewater Pump Station
Water Pressure Control Stations
Wind Energy Conversion System (Small)
Major Utilities:
Cellular/PCS Tower
Electric Substation
Electric Generation Plant
Gas Generation Plant
Gas/petroleum Line Regulating or Compression Station
Microwave Communication Facility
Solar Panel Array (wall- Or Ground-mounted And
Greater Than 850 Square Feet)
Sewage Treatment Plant
Television Or Radio Transmission Tower
Water Treatment Plant
Water Storage
Wireless Telecommunication Facility
Other uses meeting the characteristics of the Utilities
Use Category
Associated Office and Storage
Community Garden (2.35)
Fleet Maintenance
Minor Utilities
Refuse Containers (2.35)
Storage Structures
Subsec. 2.32-5 Commercial Use Categories
The following tables set forth the primary uses and accessory uses included in each commercial use category:
A.Office
Unified Land Development Code
Baytown, TX 121
Table 2.32-5-1
Office Use Category
Characteristics: Uses conducted in an office setting and generally focusing on business, professional, or
financial services.
Primary Uses Accessory Uses
Accounting, Auditing, Tax, or Bookkeeping Service
Adjustment and Collection Service
Appraisal Service
Architectural or Planning Service
Bank or Credit Union
Business Association
Computer Service
Consumer and Mercantile Credit Reporting Service
Detective Service
Educational and Scientific Research Offices
Employment Service
Engineering Service
Insurance Agent, Carrier, or Broker
Legal Office
Office, General
Offices or Agencies for Services Such as Advertising,
Consulting, Counseling, Data Processing, Investment or
Brokerage, Insurance, or Sales
Protective and Security Service
Radio Studio (with Broadcast Tower)
Radio Studio (without Broadcast Tower)
Real Estate Agent, Broker, or Property Management
Security or Commodity Broker, Dealer, or Exchange
Television Studio (with Tower)
Television Studio (without Tower)
Title Abstractor
Travel Arranging and Ticket Sales
Utility Office
Other uses meeting the characteristics of the Office
Use Category
Associated Storage
Day Care for Children of Employees
Medical Clinic for Employees
Minor Utilities
Food Preparation and Dining Facility for Employees
Recreation Facility for Employees
Refuse Containers (Sec. 2.35)
Private Telecommunication or Transmission Tower
B.Overnight Accommodations
Unified Land Development Code
Baytown, TX 122
Table 2.32-5-2
Overnight Accommodations Use Category
Characteristics: Bedroom and bathroom units arranged for short-term stays of less than 30 days for rent or
lease.
Primary Uses Accessory Uses
Bed and Breakfast
Extended Stay
Hotel or Motel
Resort
Short-Term Rental
Other uses meeting the characteristics of the Overnight
Accommodations Use Category
Associated Office and Storage
Meeting Space
Minor Utilities
Recreational Facility
Restaurant
Refuse Containers (Sec. 2.35)
Swimming Pool
C.Parking, Commercial
Table 2.32-5-3
Commercial Parking Use Category
Characteristics: Facilities that provide parking not accessory to a primary use, for which a fee may or may not
be charged.
Primary Uses Accessory Uses
Commercial Parking Lot or Parking Structure
Truck Parking Lot
Other uses meeting the characteristics of the
Commercial Parking Use Category
Associated Office and Storage
Minor Utilities
Minor Vehicle Servicing
D.Entertainment, Indoor
Unified Land Development Code
Baytown, TX 123
Table 2.32-5-4
Indoor Entertainment Use Category
Characteristics: Generally commercial uses, varying in size, providing daily or regularly scheduled recreation-
oriented activities in an indoor setting.
Primary Uses Accessory Uses
Adult-Oriented Business (Chapter 4 of Code of
Ordinances)
Archery/Firearms Range
Axe Throwing Lounge
Bar, Nightclub, Tavern, or Lounge
Bowling Alley
Casino
Convention Center
Country Club
Dance Hall
Gymnastic, Dance or Martial Arts Facility
Health Club or Physical Fitness Services, Large (>= 7,500
sf)
Health Club or Physical Fitness Services, Small (<7,500
sf)
Indoor Firearms Range
Membership Club or Lodge
Microbrewery, Microdistillery, or Microwinery
Movie or Other Theater
Pool Hall
Skating Rink
Tattoo or Body Piercing Parlor
Tennis or Racquetball Facility
Other uses meeting the characteristics of the Indoor
Recreation Use Category
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Concession
Food Preparation and Dining Facility
Minor Utilities
Refuse Containers (Sec. 2.35)
Swimming Pool, Indoor
E.Entertainment, Outdoor
Unified Land Development Code
Baytown, TX 124
Table 2.32-5-5
Outdoor Entertainment Use Category
Characteristics: Generally commercial uses, varying in size, providing daily or regularly scheduled recreation-
oriented activities in an outdoor setting.
Primary Uses Accessory Uses
Amphitheater
Fairgrounds or Rodeo Grounds
Farmers Market
Golf Course, Driving Range or Mini-golf Course
Outdoor Activity Such as Archery Range, Batting Cage,
Firearms Range, Swimming Pool, Tennis Court, Water
Park or Riding Academy
Paintball Facility
Recreational Vehicle Park
Stadium, Arena, Running Track or Ball Field
Swimming Pool or Water Park
Track, Vehicle Race
Other uses meeting the characteristics of the Outdoor
Recreation Use Category
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Boat Launch
Classrooms
Concession
Dock or Pier
Food Preparation and Dining Area
Minor Utilities
Refuse Containers (Sec. 2.35)
Single Attached Residential Unit for Caretaker
F.Restaurants
Table 2.32-5-6
Restaurants Use Category
Characteristics: Establishments that prepare and sell food and beverages for on-premises or off-premises
consumption.
Primary Uses Accessory Uses
Bakery
Catering Service
Coffee Shop
Restaurants, Drive-In or Drive-Through
Restaurants, Standard
Restaurant, Delivery Only
Yogurt or Ice Cream Shop
Other uses meeting the characteristics of the
Restaurant Use Category
Associated Office and Storage
Drive-Through Facility
Minor Utilities
Outdoor Dining Area
Recreational Facility
Refuse Containers (Sec. 2.35)
G.Retail Repair, Sales, and Service
Unified Land Development Code
Baytown, TX 125
Table 2.32-5-7
Retail Repair, Sales, and Service Use Category
Characteristics: Companies or individuals involved in the sale, lease, or rental of new or used products, or
providing personal services or repair services to the general public.
Primary Uses Accessory Uses
Unified Land Development Code
Baytown, TX 126
Table 2.32-5-7
Retail Repair, Sales, and Service Use Category
Characteristics: Companies or individuals involved in the sale, lease, or rental of new or used products, or
providing personal services or repair services to the general public.
Primary Uses Accessory Uses
Sales-Oriented:
Store selling, leasing or renting consumer, home, and
business goods including, but not limited to:
Antiques
Appliances (household)
Art Supplies
Bait Store and Live Bait Sales
Bakery Products (on-premises sales)
Bicycle
Book and Stationery
Cameras and Photographic Supplies
Clothing and Apparel Accessories
Collectibles
Computers
Convenience Store
Department Stores
Drug Store/Pharmacy
Electrical and Electronic Supplies
Farm and Gardening Supplies (not including heavy
equipment)
Fabric
Fireworks
Floor Coverings
Florist
Fruits and Vegetables
Furniture and Home Furnishings
Gifts and novelties
Groceries
Guns, Ammunition, and Accessories
Hardware
Hobby and Craft Supplies
Home Improvement Supplies
Household Products
Jewelry
Liquor Store Off-Premises Consumption (Restricted)
Luggage
Meats and/or Fish
Medical Supplies
Music Instruments, Supplies and/or Records
Newspapers and Magazines
Office Equipment and Business Machines Rental
Office Supplies and Equipment
Pawn Shop
Pets and Pet Supplies
Pharmaceuticals
Plants
Postal Substation
Radios and Televisions
Shoes
Shopping Centers/Malls
Sporting Goods and Athletic Equipment
Tobacco and related products,
Toys
Variety Stores
Vehicle parts and accessories
Service-Oriented:
Art, Music, and Dancing School or Studio
Beauty and Barber Service
Blueprinting and Photocopying Service
Business School
Commercial Trade School
Driving School
Interior Decorating Service
Furniture Upholstering Service
Laundering and Dry Cleaning
Optical Goods (optician or optometrist)
Pet Grooming or Day Care without Overnight Stays
Photographic Services/Studio
Printing
Shoe Repair, Shoe Shining, and Hat Cleaning Services
Tailoring
Taxidermist
Rug Cleaning and Repair Services
Other vocational, trade, and other commercial schools
Massage, nail, or tanning establishment
Repair-Oriented:
Store offering repair of:
Appliances
Bicycles
Canvas Products
Guns, Ammunition, and Accessories
Electrical Appliances
Small Electronics
Furniture Repair Services
Locks and Key
Office Equipment
Shoes
Radio, Computer, Mobile Device, and Television Repair
Services
Watch, Clock, and Jewelry Repair Service
Other uses meeting the characteristics of the Retail
Repair, Sales, and Service Use Category.
Associated Office and Storage
Concession
Day Care for Children of Employees
Food Preparation and Dining Area
Minor Utilities
Outdoor Display (Sec.2.35)
Refuse Containers (Sec. 2.35)
Single Attached Residential Unit for Caretaker
Unified Land Development Code
Baytown, TX 127
H.Self-Service Storage
Table 2.32-5-8
Self-Service Storage Use Category
Characteristics: Uses providing separate storage areas for personal or business use designed to allow private
access by the tenant for storing or removing personal property. This use category does not include bulk
storage or bulk storage of explosive or hazardous materials.
Primary Uses Accessory Uses
Boat and Recreational Vehicle Outdoor Storage
Self-Service Storage Facility
Other uses meeting the characteristics of the Self-
Service Storage Use Category.
Associated Office and Storage
Refuse Containers (Sec. 2.35)
I.Vehicle Sales and Service
Unified Land Development Code
Baytown, TX 128
Table 2.32-5-9
Vehicle Sales and Service Use Category
Characteristics: Direct sales of and service to passenger vehicles, light and medium trucks, and other consumer
motor vehicles such as motorcycles, boats, and recreational vehicles. Uses classified as Minor Vehicle Service
provide service while the customer waits, same day pick-up of the vehicle or allow customers to leave a
vehicle on-site for less than 24 consecutive hours.
Primary Uses Accessory Uses
General:
Vehicle and Small Truck (1½ ton or less) Sales, Rental,
and Leasing
Boat Sales, Rental, or Leasing Facilities
Car Wash
Vehicle Fueling Station
Manufactured Home, Mobile Home, or Portable
Building Sales or Rental
Motorcycle Sales and Service
RVs, Camping and/or Travel Trailers Sales or Rental
Travel Plaza
Truck Stop
Truck Sales, Service, Rental, and Repair
Truck Terminal
Vehicle Servicing, Major:
Automobile and Small Truck (1½ ton or less) Repair,
Painting, Body Work and Servicing
Automotive Seat Cover and Upholstery Services
Alignment Shop, Auto Body Shop, Towing Service
Other repair of cars, trucks, motorcycles, RVs, and
boats not included in Minor Vehicle Repair below
Vehicle Servicing, Minor:
Auto Detailing
Battery Sales and Installation
Bed Liner Installation
Minor Scratch and Dent Repair
Oil Change Service
Tire Sales and Mounting
Other uses meeting the characteristics of the Vehicle
Sales and Service Use Category
Associated Office and Storage
Car Wash
Concession
Food Preparation and Dining Area
Fueling Facility
Minor Utilities
Outdoor Display (Sec.2.35)
Outdoor Storage (Sec.2.35)
Refuse Containers (Sec. 2.35)
Sale of Auto Parts
Towing
Vehicle Storage
Subsec. 2.32-6 Industrial Use Categories
The following tables set forth the primary uses and accessory uses included in each industrial use category:
A.Heavy Industrial
Unified Land Development Code
Baytown, TX 129
Table 2.32-6-1
Heavy Industrial Use Category
Characteristics: Uses engaged in the manufacturing, assembly or processing of chemicals, animal products and
metals, the activities of which are likely to have characteristics that discourage adjacency to residential uses.
Factory production and industrial yards are located here. Sales to the general public are rare.
Primary Uses Accessory Uses
Unified Land Development Code
Baytown, TX 130
Table 2.32-6-1
Heavy Industrial Use Category
Characteristics: Uses engaged in the manufacturing, assembly or processing of chemicals, animal products and
metals, the activities of which are likely to have characteristics that discourage adjacency to residential uses.
Factory production and industrial yards are located here. Sales to the general public are rare.
Manufacture, assembly, or processing of: abrasives,
asbestos and miscellaneous mineral products;
acid; acetylene gas; alcoholic beverages (wholesale);
ammonia; ammunition and explosives; asphalt; aircraft;
automobiles and other motor vehicles; automotive and
other motor vehicle equipment; batteries; bones;
boxes, crates, or pallets; brick and/or masonry, tile, or
terra cotta; building paper and building board; building
materials; celluloid; cement and/or concrete products;
ceramic tile and other ceramic products; chalk;
charcoal; chemicals; chlorine; coffins; corrugated
metal; cotton oil; creosote; disinfectant; dyes or inks;
engine and turbines; explosives; farm machinery and
equipment; fat; fertilizer; fireworks; gas; gelatin; glass
and glass products; glue; graphite; grease; guns,
howitzers, mortars, and related equipment;
gunpowder; gypsum; heating and air conditioning
supplies and equipment; hemp; insecticide; lacquer;
lard; leather and leather products; lime; linoleum;
lubricating oils and greases; machinery and equipment
(industrial); manufactured homes or or mobile homes;
metal working machinery, equipment and products; motor
vehicles, related equipment, and accessories; paint;
paraffin; paving mixtures and blocks; plaster of Paris;
plastics and synthetic materials; plumbing supplies and
equipment; poison; porcelain and porcelain products;
pottery and related products; prefabricated structures
and their components; railroad vehicles and
equipment; recreational vehicles; rubber and
fabricated rubber products; salt; shellac; tallow; tanks
and tank components; tar; tires; trailers (camping,
travel, livestock, and other); turpentine; varnish;
vinegar; wax; or yeast
Arsenal
Boiler Works
Bulk Storage of Explosive or Hazardous Materials
Coke Oven
Concrete Batching and Asphalt Processing and
Manufacture
Feed Milling
Fertilizer Storage
Grain Elevator
Incinerator for Reduction of Garbage, Dead Animals,
Offal, Refuse or Automobile Bodies
Resource Extraction
Railroad Yard or Repair Shop
Metal Smelting, Processing and Products (Ferrous and
Nonferrous)
Slaughtering, Processing of Animals, or Meat Packing
Wool Scouring and Pulling
Uses Declared a Nuisance in Court
Other uses meeting the characteristics of the Heavy
Industrial Use Category
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Day Care for Children of Employees
Fleet Maintenance
Food Preparation and Dining Facility
Fueling Facility
Medical Clinic for Employees
Meeting Space
Minor Utilities
Outdoor Storage
Recreation Facility
Refuse Containers (2.35)
Single Attached Residential Unit for Caretaker
Warehouse
Unified Land Development Code
Baytown, TX 131
B.Light Industrial
Unified Land Development Code
Baytown, TX 132
Table 2.32-6-2
Light Industrial Use Category
Characteristics: Uses engaged in the manufacturing, assembly or processing of industrial, business or
consumer goods, usually from basic finished inputs such as metal, stone, glass, plastic or rubber. Contractors
and building maintenance services and similar uses perform services off-site. Few customers, especially the
general public, come to the site.
Primary Uses Accessory Uses
Unified Land Development Code
Baytown, TX 133
Table 2.32-6-2
Light Industrial Use Category
Characteristics: Uses engaged in the manufacturing, assembly or processing of industrial, business or
consumer goods, usually from basic finished inputs such as metal, stone, glass, plastic or rubber. Contractors
and building maintenance services and similar uses perform services off-site. Few customers, especially the
general public, come to the site.
Fabrication (Light) and Assembly of: appliances; bakery
products (wholesale distribution); beds; blinds; books;
bottling and canning soft drinks and carbonated
waters; brooms; buses; canvas; clothing and apparel
accessories; communication equipment; confectionery
and related products (wholesale distribution); dairy
products; drugs, druggists supplies and sundries;
electrical lighting and wiring equipment; electrical
supplies and equipment; electrical transmission and
distribution equipment; electronic components and
accessories; engineering, scientific and research
equipment; floor coverings, rugs and carpets; food
products (including frozen foods); furniture and home
furnishings; hardware; ice; jewelry, costume novelties,
buttons, and miscellaneous notions; medical, optical,
or dental instruments or supplies; mirrors; musical
instruments; monuments and tombstones;
motorcycles, bicycles, and parts; office, computing, and
accounting machines; paper and paper products (see
also building paper); perfumes; radio and television
receiving sets and communication equipment; shoes;
signs and advertising displays; sporting and athletic
goods; toys, amusements, and novelty items; window
coverings; wood products
Building and development contractors specializing in
building, excavating, heating, plumbing, landscaping or
electrical and others who perform services off-site, but
store equipment and materials on-site including:
Building Construction (general contractor service)
Carpenter and Wood Flooring Service
Heating, Ventilation, Air Conditioning Service
Landscaping Service
Painting, Paperhanging Service
Plumbing Service
Roofing and Sheet Metal Service
Woodworking including cabinet makers and furniture
manufacturing
Boat Building and Repairing
Bulk Mailing Service
Catering Establishment, Large Scale
Crematorium
Engraver
Food Processing
Janitorial and Building Maintenance Service,
Exterminator, Maintenance Yard or Facility
Laundry, Dry-Cleaning, and Carpet Cleaning Plants
Lithography
Publishing and Printing (Newspaper, Periodicals)
Repair of Scientific or Professional Instruments, Electric
Motors
Research, Testing, and Development Laboratory
Smoking or Processing of Meat Products
Stone Cutting
Welding, Tool Repair or Machine Shop
Other uses meeting the characteristics of the Light
Industrial Use Category
Associated Office and Storage
Associated Retail Sales Related to the Primary Use
Associated Showroom
Day Care for Children of Employees
Fleet Maintenance
Food Preparation and Dining Facility
Fueling Facility
Medical Clinic for Employees
Meeting Space
Minor Utilities
Outdoor Storage
Recreation Facility
Refuse Containers (2.35)
Single Attached Residential Unit for Caretaker
Warehouse
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C.Resource Extraction
Table 2.32-6-3, Resource Extraction Use Category
Characteristics: Characterized by activities that extract minerals and other solids and liquids from land on
which the use is established.
Primary Uses Accessory Uses
Gas Well
Oil Field Chemicals (Production
and/or Storage)
Petroleum Well, Line, or Storage
Petroleum Products Storage or
Wholesale
Rock Quarry
Sand/Gravel/Caliche Extraction or
Storage
Other uses meeting the
characteristics of the Resource
Extraction Use Category
Associated Office and Storage
Minor Utilities
Outdoor Storage Yard
Refuse Containers (2.35)
Resource Processing
Stockpiling of Resources Extracted from the Site
D.Warehousing and Freight Movement
Table 2.32-6-4
Warehousing and Freight Movement Use Category
Characteristics: Uses involved in the storage or movement of goods for themselves or other firms. Goods are
generally delivered to other firms or the final consumer with little on-site sales activity to customers.
Primary Uses Accessory Uses
Bulk storage, including cold storage plants, household
moving and general freight storage, nonflammable
liquids, separate warehouse used by retail store
Bus Shop, Garage or Storage
Express Hauling
Food Packing and Distribution
Freight Hauling Service
Motor Freight Garaging and Equipment Maintenance
Moving and Storage (Household Goods)
Outdoor Storage Yard
Parcel Delivery Station
Railroad Switching and Marshalling Yards
Self-Service Storage
Semi-Trailer Parking
Trucking Company
Other uses meeting the characteristics of the
Warehousing and Freight Movement Use Category
Associated Office and Storage
Day Care For Children of Employees
Fleet Maintenance
Food Preparation and Dining Facility
Fueling Facility
Medical Clinic for Employees
Meeting Space
Minor Utilities
Outdoor Storage
Recreation Facility
Refuse Containers (2.35)
Single Attached Residential Unit for Caretaker
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F.Waste-Related
Table 2.32-6-5
Waste-Related Use Category
Characteristics: Uses characterized by receiving solid or liquid wastes from others for transfer to another
location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the
composting of organic material.
Primary Uses Accessory Uses
Animal Waste Processing
Animal Waste Energy Converter
Auto or Truck Wrecking or Towing
Composting Facility
Landfill
Manufacture and Production of Goods from
Composting
Medical Waste Storage and Disposal Center
Recycling Center
Salvage or Impoundment Yard
Solid Waste Facility
Tire Recycling or Recapping
Wood Chipping
Other uses meeting the characteristics of the Waste-
Related Service Use Category
Associated Office and Storage
Fleet Maintenance
Fueling Facility
Minor Utilities
Outdoor Storage
Refuse Containers (2.35)
Repackaging and Shipment of By-Products
G.Wholesale Trade
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Table 2.32-6-6
Wholesale Trade Use Category
Characteristics: Uses involved in the sale, lease, or rental of products to industrial, institutional or commercial
businesses only. The uses emphasize on-site sales or order-taking and often include display areas. Business
may or may not be open to the general public. Products may be picked up on-site or delivered to the
customer.
Primary Uses Accessory Uses
Auction, Wholesale (On-Premises)
Bulk Fuel Sales
Mail-Order Business
Wholesale or Bulk Sale of Appliances, Candy and
Related Products, Clothing and Apparel, Dairy Products,
Commercial and Industrial Machinery, Equipment and
Supplies, Drugs and Druggist Supplies, Electrical
Equipment, Wiring Supplies and Other Similar
Construction Material, Electronic Parts and Equipment,
Fabric, Farm Machinery and Equipment, Farm Products
(Raw Materials), Furniture and Home Furnishings,
Groceries and Related Products, Hardware, Heating,
Ventilation, and Air Conditioning Equipment, Liquor,
Livestock, Lumber and Other Building Materials, Meat
and Meat Products, Medical and Dental Supplies, Oil
Field Chemicals, Oil Field Equipment, Produce, Special
Trade Tools, Textile and Textile Products, Vending
Machines and Vending Machine Merchandise
Other uses meeting the characteristics of the
Wholesale Trade Use Category
Associated Office and Storage
Associated Showroom
Day Care for Children of Employees
Fleet Maintenance
Food Preparation and Dining Facility
Medical Clinic for Employees
Meeting Space
Minor Fabrication
Minor Utilities
Product Repair
Recreation Facility
Refuse Containers (2.35)
Repackaging of Goods
Single Attached Residential Unit for Caretaker
Warehouse
Sec. 2.33 Use-Specific Standards
Subsec. 2.33-1 General
A.Purpose. The purpose of this Section is to promote compatibility among land uses by establishing standards
for the limited uses indicated in 2.31, Consolidated Use Table.
B.Application. Limited uses may be authorized by the Planning Director for uses shown as limited "PC"
in 2.31, Consolidated Use Table, and only if they meet the standards of this Section and other applicable
standards and requirements of this ULDC.
C.Timing of Compliance. The standards of this Section apply at the time a limited use is requested to be
established in an existing or new structure, or when an existing limited use is proposed to be expanded by
more than 10 percent of the existing square footage currently devoted to the use. This Section applies to an
expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a
combination of these characteristics.
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D.Uses Not Listed. If there are limited uses specified in 2.31, Consolidated Use Table, that are not included in
this Section, all applicable standards of this ULDC shall apply.
E.Other Applicable Standards. The standards of this Section are applied in addition to the other applicable
standards of this ULDC, specifically including:
1.Division 1.2, Building and Site Design;
2.Division 2.3, Parking, Loading, Stacking, and Access;
3.Article 4, Subdivision Design; and
4.Article 7, Development Review Procedures.
F.Standards for All Limited Uses. An application for a limited use may be approved if, in addition to the specific
standards of this Section that apply to the use, it is demonstrated that:
1.Adopted Plans. The proposed limited use in its proposed location shall not conflict with the
implementation of current adopted plans of the City; and
2.Compatibility. The limited use is compatible with surrounding land uses and natural environment and
shall not materially detract from the character of the immediate area or negatively affect the
anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar
limited uses that is likely to discourage permitted uses by making the vicinity less desirable for them).
Subsec. 2.33-2 Agriculture and Animal Service Uses
A.Agriculture and Animal Uses. In residential zoning districts, the minimum lot size for livestock, rabbits, fowl,
bees or beehives is one acre. Agriculture and animal uses involving animals are regulated pursuant to
Chapter 14 and/or Chapter 42, Article V of the Code of Ordinances.
B.Greenhouse or Nursery. No commercial sales shall be permitted in the ER and SR zoning districts.
C.Kennel. Outdoor runs shall be prohibited.
D.Veterinary Clinic or Veterinary Hospital.
1.Education and Day Care. No boarding facility or dog runs shall be located within 100 feet from any lot
line or within 300 feet of any type of Educational Facility Use Category or Day Care Use Category.
2.Buffering. Outdoor dog runs and animal exercise areas shall be screened by a Type C Bufferyard (See
Sec. 3.43, Bufferyard Landscaping) around the facilities or at the property lines so as to prevent
distracting or exciting the animals.
3.Noise Reduction. With the exception of outdoor dog runs and animal exercise areas, the use shall be
conducted within a fully enclosed building that is designed with noise-resistant materials. Plans and
specifications for noise reduction materials shall be approved by the City through the site plan approval
process. See Sec. 7.32, Site Development Plans.
Subsec. 2.33-3 Residential Uses
A.Assisted Living Facility or Nursing Home.
1.Compliance. The use shall be operated in accordance with all applicable laws and, if a state permit is
required, such permit shall be obtained prior to beginning operation.
2.Accessory to Public Assembly Facility. The use shall be part of the development that includes a place of
public assembly, provided the place of public assembly is in conformance with the standards of this
ULDC.
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3.Access to Site. Primary access to the site shall be from a collector or arterial roadway.
4.Minimum Landscape Surface. The site shall have a minimum landscape surface area of 20 percent.
5.Bufferyard. The use shall be separated from single-unit detached dwellings by a Type B bufferyard set
forth in 3.43, Bufferyard Landscaping.
B.Community Home for Disabled Persons with Disabilities.
1.Use.
a. All community homes shall be permitted in all residential and mixed-use districts subject to the
proposed home complying with all regulations of Texas Human Resources Code, Chapter 123,
Community Homes for Persons with Disabilities.
b. A community home shall include no more than six physically or mentally impaired or
disabled persons being provided room and board, as well as supervised care and rehabilitation by
no more than two persons as licensed by the Texas Department of Mental Health and Mental
Retardation.
c. The community home shall meet all applicable federal, state, and local licensing requirements.
2.Location. A community home shall not be established within one-half mile of an existing community
home.
3.Qualification. To qualify as a Community Home for Disabled Persons the operating entity shall comply
with the requirements of Chapter 123 of the Texas Human Resources Code and the following criteria:
a. Operation. A community-based residential home may be operated by:
i. The Texas Department of Aging and Disability Services;
ii. A community center organized under Chapter A, Subchapter 534, of the Texas Health &
Safety Code;
iii. An entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d),
Business Organizations Code;
iv. An entity certified by the Department of Aging and Disability Services as a provider under the
ICF-IID medical assistance program; or
v. An assisted living facility licensed under Chapter 247, of the Texas Health & Safety Code,
provided that the exterior structure retains compatibility with the surrounding residential
dwellings.
4.Signage. There shall be no signs or other exterior visible evidence of the group housing use and the
exterior structure must retain its compatibility with the surrounding residential dwellings.
5.Storage and Equipment.
a. There shall be no visible storage of equipment, materials, or vehicles that have more than two
axles.
b. No equipment shall be used that creates undue noise, vibration, electrical interference, smoke or
particulate matter emission, excessive power demands or odors.
c. Parking. The residents of the home may not keep, either on the premises of the home or on a
public right-of- way adjacent to the home, motor vehicles in numbers that exceed the numbers of
bedrooms in the home.
C.Cottage Court Community.
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1.General Standards. Tiny houses shall comply with the building requirements established in Appendix Q
of the ICC International Residential Code, as updated.
2.Maximum Floor Area. Tiny houses shall include a total maximum floor area of 400 square feet, excluding
any loft space.
3.Permanent Foundations. Tiny Houses that are part of a tiny house neighborhood shall be constructed on
a permanent foundation. Tiny Houses on wheels or other non-permanent foundations are regulated as
Recreational Vehicles and are prohibited from being part of a tiny house neighborhood.
4.Manufactured Homes to Qualify as Tiny Houses. A prefabricated, manufactured home may qualify as a
tiny house if it meets all of the following:
a. Meets the definition of a manufactured home as defined in Division 10.2, Definitions; and
b. The tiny house shall be skirted.
5.Tiny Houses on Wheels. Tiny Houses on Wheels sited as a component of a tiny house neighborhood that
built upon a mobile chassis where the suspension/axle components remain are considered semi-
permanent and the chassis shall be attached on an approved foundation system.
D.Live-Work Unit.
1.Nonresidential Floor Area. The area of the nonresidential floor shall not to exceed 3,000 square feet.
2.Residential Character. The use shall maintain a residential character.
3.Uses. The use shall consist of a single-unit residential dwelling combined in the same structure with one
of the following uses:
a.Office Use Category, except for a bank or credit union;
b.Micro-manufacturing;
c.Service- and Repair-oriented uses; or
d. Art, Music, and Dancing School or Studio.
4.Drive-Ins or Drive-Throughs. Drive-ins or drive-throughs are prohibited.
5.Tenant. The use shall have the same tenant for both the residential and commercial portion of the use.
6.Dwelling location. On the ground floor in the DTA-MS and SJ-MS sub-areas, the dwelling unit shall not
be located within 30 feet of SJ-MS-designated street frontage.
E.Manufactured Home.
1.Prohibited. Mobile homes are prohibited.
2.Standards. The use shall be:
a. Compliant with the U.S. Housing and Urban Development (HUD) Code;
b. The entire manufactured home shall be built on a permanent concrete foundation;
c. The manufactured home shall be skirted with a wood, plastic, vinyl, or masonry material; and
d. Provide hard surface off-street parking in accordance with Sec. 3.32, Required Off-Street Parking.
F.Manufactured Home Park.
1.Mobile Homes. No mobile home, as defined in Division 10.2, Definitions, shall be permanently or
temporarily placed or relocated in the City limits.
2.Standards. The use shall be:
a. Compliant with the U.S. Housing and Urban Development (HUD) Code; and
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b. In accordance with the standards of Chapter 58, Manufactured Homes, Mobile Homes, Recreational
Vehicles and Parks, of the City's Code of Ordinances.
G.Short-Term Rental.
1.Hotel-Motel Occupancy Tax. The City's Hotel-Motel Occupancy Tax requirements are applicable; (See
Chapter 90, Article III, Hotel Occupancy Tax, of the City's Code of Ordinances).
2.Tenure. The use may be rented for a period of up to, but not exceeding, 28 days.
3.Accessory Structure. The use of an accessory structure is prohibited.
4.Principal Use. The principal use of the short-term rental shall be a single-unit dwelling.
5.Residential Character. The use shall be conducted so that it does not unreasonably interfere with the
peace and enjoyment of surrounding homes as places of residence.
Subsec. 2.33-4 Public and Civic Uses
A.Adult Day Care Center. The operator for the use meets all certification, licensing, and/or monitoring
requirements per the Texas Human Resources Code, Chapter 103, Day Activity and Health Services.
B.Child Day Care Center or Pre-School. The applicant shall provide proof of application for any licenses
required by the State of Texas at the time of application for limited-use approval and shall provide proof of
issuance of any required licenses before commencing operations.
C.Funeral Services. A funeral service use with a crematorium requires the issuance of a special use permit in
accordance with Sec. 7.44, Special Use Permit.
D.Place of Public Assembly.
1.New Uses. New uses shall:
a. Have a minimum site area that is three times the minimum lot size of the district;
b. Be located along an arterial, collector, or major thoroughfare;
c. Parking shall be provided on-site without requiring parking on contiguous or noncontiguous
parcels; and
d. A minimum Type B bufferyard as established in Sec. 3.43, Bufferyard Landscaping, shall be required
adjacent to any abutting residential district or use.
2.Existing Uses. Expansion of existing uses shall:
a. Take access from an arterial, collector, or major thoroughfare; and
b. Be the same property ownership as the abutting lot onto which the expansion is proposed.
Subsec. 2.33-5 Commercial Uses
A.Banking or Credit Union. A banking or credit union use shall be permitted subject to the following
conditions:
1. Drive-through facilities are not adjacent to or within 100 feet of a residential zoning district; and
2. Drive-through facilities are prohibited in the Mixed-Use Neighborhood (MUN), Downtown Arts-Main
Street (DTA-MS), and San Jacinto-Main Street (SJ-MS) districts.
3. Only lobby facilities, retail banking/teller services, and ATMs are permitted within the ground floor
shopfront space, the floor area within 25 feet of the designated shopfront building frontage in the DTA-
MS and SJ-MS sub-areas.
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B.Bar, Tavern, and Lounge.
1.Texas Alcoholic Beverage Code. All bars, taverns, and lounges shall be in compliance with the Texas
Alcoholic Beverage Code.
2.Minimum Distance. Bars, taverns, and lounges shall not be located within 300 feet of a place of public
assembly, public hospital, public or private school, or a child daycare center or preschool.
3.Renewals. If at any time an establishment receives an alcoholic beverage permit or license from the
Texas Alcoholic Beverage Commission and the establishment satisfies the separation requirement
above, then the establishment is deemed to satisfy the distance requirements for all subject renewals of
the license or permit.
4.Local Compliance. Bars, taverns, and lounges shall be in compliance with all regulations as established in
Chapter 6, Alcoholic Beverages, of the City's Code of Ordinances.
C.Bed and Breakfast.
1.Lot. The lot is conforming relative to the standards of this ULDC.
2.Use and Occupancy. The use shall comply with the following:
a. The principal use of the bed and breakfast is a single-unit dwelling;
b. Meals are for overnight guests only (use of the home for external catering service is prohibited);
c. The home is inspected and has a written record indicating that it meets all applicable building and
fire codes prior to occupancy; and
d. The business is conducted so that it does not create parking or traffic congestion or otherwise
unreasonably interfere with the peace and enjoyment of surrounding homes as places of
residence.
3.Floor Area. The minimum gross habitable floor area shall not be less than 400 square feet per rooming
unit.
4.Employees. There shall be a maximum of one non-resident employee.
5.Guest Rooms. Lodging will occur only in the primary residence or in a guesthouse or accessory dwelling
unit (ADU) that existed on the effective date of this ULDC;
6.Proof of State and Local Taxes. The owner shall provide proof of collection and payment of state and
local hotel/motel occupancy tax to the City upon request.
D.Big Box Retail.
1.Minimum Setback. Building and appurtenances shall be located at least 20 feet from a residential
property line.
2.Loading and Service Areas. Loading docks shall not face residential uses.
E.Car Wash.
1.Wash Bay Location. To the extent practicable, wash bays shall be sited parallel to the adjacent street in
such a way as to use the frontage efficiently and be oriented away from any abutting residentially zoned
or residential use property to prevent headlights from shining onto any street or abutting a residential
district;
2.Bay Limitations. There are no more than three car washing bays and no more than three vacuum bays;
3.Mechanical Equipment. All mechanical equipment, excluding vacuum units is enclosed within a building;
4.Equipment. All facilities are designed and configured such that any outdoor spraying preparation or
drying activities are directed away from any abutting residential district;
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5.Parking. If self-service vacuums are provided, a minimum of one parking space per vacuum is required,
which will not interfere with site circulation, driveways, or fire lanes; and
6.Access. Access is taken from a collector or higher classification roadway.
F.Drive-In or Drive-Through Facility.
1.Use. Drive-in, and drive-through facilities are permitted only as an accessory use to a principal use (e.g.,
restaurant or bank).
2.Access. The facility shall take access from an arterial or collector street.
3.Setback. The drive-in or drive-through facility shall not be located within the front yard setback.
4.Buffering. Ordering stations facing abutting residentially zoned or used property shall be buffered with
a minimum Structural Type B bufferyard as established in Sec. 3.43, Bufferyard Landscaping.
5.Location. In the DTA and SJ districts, a drive-through facility shall not be located between the building
and the street.
6.Accessories. Trash receptacles, ordering speakers, and other accessories of the drive-in or drive-through
facilities shall be oriented away from abutting residentially zoned or used property.
7.Stacking. Refer to the stacking requirements in Sec. 3.37, Vehicle Stacking Areas.
8.Paving. Where a drive-through or drive-in lane crosses a pedestrian walkway, the walkway shall be
clearly identifiable through the use of elevation changes, a different paving material, texture change, or
other similar method. Striping does not fulfill this requirement.
G.Grocery or Drug Store.
1.Maximum Building Footprint in NC and MUN. Grocery stores shall not exceed 10,000 square feet in
building area in NC and MUN.
2.Maximum Building Footprint in DTA and SJ. Grocery stores shall not exceed 40,000 square feet in
building area in DTA and SJ.
H.Hotel.
1.Minimum Lot Size. Hotels shall be located on property that is at least one acre in size in the MUN and GC
zoning districts.
2.Interior Access. A hotel shall only permit controlled access to rooms via a lobby and interior hallways;
and
3.Accessory Uses. A hotel may include place(s) of assembly, including but not limited, to, spa room, fitness
room, game room and/or cocktail lounge with a combined minimum of 2,000 square feet.
4.Guest Rooms. Hotel guest rooms are not permitted within 25 feet of any ground-story street frontage in
the DTA-MS and SJ-MS districts.
I.Office Uses.
1.Location. In the DTA-MS and SJ-MS sub-areas, office uses are permitted on upper stories, and outside
of the ground floor shopfront space, the floor area within 25 feet of the designated shopfront building
frontage
J.Outdoor Entertainment Uses.
1.Noise. The use shall be in compliance with all noise regulations as established in Chapter 34, Article VII,
Noise, of the City's Code of Ordinances;
2.Minimum Lot Size. The minimum area of the parcel proposed for development is one acre;
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3.Stage and/or Screen Location. Amphitheater stages and drive-in screens shall face away from the
nearest residential uses; and
4.Operating Hours. If the use is located within 500 feet from a residentially zoned property or residential
use then the outdoor entertainment use shall be prohibited from operating between 11:00 PM and 8:00
AM.
K.Parking. In the DTA and SJ districts, all off-street parking must meet the parking locational standards for the
district.
L.Pawn Shop. Pawn shops shall not be located within one-half mile of another existing pawn shop.
M.Repair-Oriented or Sales-Oriented Uses.
1.Drive-In or Drive-Through Facilities. Where a drive-in or drive-through facility is permitted and provided
within or adjacent to a residential or mixed-use zoning districts, the following standards apply:
a. A Type B or C bufferyard, in accordance with 3.43, Bufferyard Landscaping, shall be provided
between a drive-in or drive-through facility and adjacent or abutting properties that include a
residential use.
b. Drive-in or drive-through facilities may be located only in interior side or rear yards.
c. Loudspeakers and similar instruments shall not be located within 50 feet of any property that
includes a residential use.
N.Self-Service Storage.
1.Access. All storage units shall only be accessible from and contained wholly within the building.
2.Location. All storage units are limited to upper-story locations in the San Jacinto-Flex (SJ-FLX) district.
O.Travel Center.
1.Location. A travel center use shall only be permitted on sites within a 1,500-foot radius of the center
lines of the following intersections: Interstate Highway 10 (IH 10) and South Main Street (near
Highlands); the Grand Parkway (SH 99) east of Tri City Beach Road; and the Grand Parkway (SH 99) west
of State Highway Business 146 (SH 146 BS).
2.Frontage. Sites shall have no less than 100 feet of frontage and be no less than 5 acres in size.
3.Parking. Commercial vehicle parking spaces shall be limited to 8 spaces, with a maximum of 8
commercial diesel fueling positions.
4.Fuel-Type Separation. Fueling areas for non-commercial vehicles and fueling areas for commercial
vehicles must be separated.
P.Truck Parking Lot.
1.Location. Truck parking lots dedicated to parking semi-truck trailers shall not be located adjacent to
residential zoning districts to minimize noise and other external impacts.
2.Access and Maneuvering.
a. Access. Access to truck parking lots shall connect directly to a public street, ensuring that the
access is capable of handling heavy vehicle traffic without causing disruptions to the normal flow of
traffic.
b. Maneuvering Room. The standards of Sec. 3.36.D.5, Maneuvering, shall apply to facilitate the
movement of trucks within the parking lot and to avoid conflicts with other parked trucks and
traffic movements.
c. Driveway Aisles. Driveway aisles between truck parking areas shall be a minimum of 35 feet wide.
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3.Parking Space Dimensions. Each parking space shall be adequately sized to accommodate the types of
trucks expected. The following dimensional standards shall apply:
a. Tractor-trailer. 10 feet wide by 80 feet deep.
b. Trucks other than Tractor-Trailers, Pickup Trucks, or Vans. 10 feet wide by 25 feet deep.
4.Bufferyard. Per Sec. 3.42, Bufferyard Landscaping, a minimum Type B bufferyard shall be provided
adjacent to any abutting residential district or residential use.
5.Lighting and Noise. Any lighting used to illuminate off-street loading or unloading areas shall comply
with the requirements of Division 3.5, Outdoor Lighting, and the noise limitations established in Article
VII, Noise, of the City's Code of Ordinances.
6.Surface. All off-street truck parking spaces and maneuvering areas shall be improved with a hard-
surfaced, all-weather dustless material.
7.Storage. The outdoor storage of unlicensed vehicles is prohibited.
8.Screening. Parking areas shall be screened from the public right(s)-of-way, subject to the standards
established in Sec. 3.45, Screening and Fencing.
Q.Truck Stop. Truck stops shall only be allowed on a lot that has frontage on either Interstate 10 or Thompson
Road and is completely located within a 2,000-foot radius measured from the centerline intersection of
Interstate 10 and Thompson Road.
R.Vehicle Fueling Station.
1.Fuel Station Pumps and Pump Islands.
a. Fuel station pumps and pump islands may be located within a required yard, but in no case shall be
less than 15 feet from any street right-of-way line.
b. Fuel station pumps and pump islands shall not be closer than 100 feet from any residential district.
c. Where permitted in the SJ-FLX district, fuel station pump and pump islands shall not be located
between the building and the street. The building shall meet all building placement, frontage type,
and lot standards for the district sub-area.
2.Bufferyard. A minimum Type B bufferyard as established in 3.43, Bufferyard Landscaping, shall be
required adjacent to any abutting residential district or use.
3.Canopies. Fuel pump canopies shall be connected to or integrated into the architectural design of the
building in terms of color, cladding, roofing, and roof pitch.
4.Ingress and Egress. Refueling or delivery trucks shall not take ingress and egress from a local street.
5.Car Wash. If the use includes a car wash as an accessory use, then the standards of 2.35, Accessory Use
and Structure Standards, shall apply.
S.Vehicle and Boat Sales, Rental, and Leasing.
1.Repair Work. Repair work, if any, shall be done wholly inside of a structure.
2.Use Restriction in SJ-MS District.
a. Where permitted within the SJ-MS district, the use shall be limited to showroom only display of
vehicles or boats.
b. No repair, service, or maintenance of vehicles shall be permitted in conjunction with an automobile
showroom in the SJ-MS district.
c. All inventory shall be stored and delivered from an off-site location outside the SJ-MS district.
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3.Size Limitations. Vehicles and boats sold, rented, and leased may not have a gross vehicle weight greater
than 13,000 pounds.
4.Outdoor Storage. Vehicle storage is subject to the outdoor storage requirements of 2.35, Accessory Use
and Structure Standards, and shall be kept behind opaque screening in accordance with 3.45, Screening
and Fencing.
5.Hazardous Materials. Vehicles that contain hazardous materials pursuant to the standards of the Texas
Department of Transportation, the Texas Commission on Environmental Quality, or any other regulatory
agency of the state or federal government are not allowed to be in such vehicle storage.
T.Vehicle Service and Repair.
1.On-Site Limitations. Vehicles must be kept on the private property of the vehicle repair facility.
2.Outdoor Storage. Vehicle storage is subject to the outdoor storage requirements of 2.35, Accessory Use
and Structure Standards.
3.Screening. Vehicle repair and storage shall be kept behind opaque screening in accordance with 3.45,
Screening and Fencing.
Subsec. 2.33-6 Industrial Uses
A.Contractor's Shop and/or Service Yard.
1.Buffering. Outdoor storage shall be separated from all adjacent uses according to the district
bufferyards seet forth in Table 3.43-1, District Bufferyard Standards, and public rights-of-way by the
streetscape standards established in Sec. 3.43.E, Streetscape Bufferyard.
2.Loading. Loading docks or bay doors shall not face an arterial or collector street.
3.Outdoor Storage.
a. All outdoor storage shall only occur within the side and/or rear yard(s) of the property.
b. Where double frontage occurs, outdoor storage shall not be permitted beyond the plane of the
side building façade that is adjacent to the side street.
c. All outdoor storage shall be separated by a vegetative buffer, as described in section 3.14(i) of the
Code of Ordinances, from all adjacent uses and all public streets.
B.Equipment Sales and Rental Facilities.
1.Screening. All equipment shall be separated by opaque screening in accordance with 3.44, Screening
and Fencing, from all adjacent properties and all public rights-of-way, except one of each equipment
type may be used for display purposes.
2.Use Limitations. The sale or rental of tools, tractors, or equipment, which are over 13,000 lbs. gross
vehicle weight and/or are greater in height than 10 feet in their storage configuration and/or are
designed and used solely for industrial purposes is not permitted.
C.Micro-Manufacturing.
1.Enclosed Structure. All activities shall occur entirely within an enclosed structure.
2.Outdoor Storage. No outdoor storage is permitted.
3.Floor Area. The floor area of the manufacturing operations of the structure shall not exceed 10,000
square feet.
D.Recycling Center.
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1.Outdoor Storage. There shall be no outdoor storage or collection bins except when located in the LI
zoning district.
2.Bufferyard. Per 3.42, Bufferyard Landscaping, a minimum Type B bufferyard shall be provided adjacent
to any abutting residential district or residential use.
E.Supply House.
1.Outdoor Storage. Outdoor storage shall be separated by opaque screening from all adjacent properties
and all public rights-of-way.
2.Hazardous Materials. Storage or sale of hazardous cargo and/or materials is prohibited.
F.Warehousing and Freight Movement Uses.
1.Use Limitations.
a. Warehouse and freight movement excludes shipment or storage of hazardous cargo and/or
materials.
b. No rail, boat, or air transport of cargo may be used for freight movement on site.
c. The primary activity must be done within the enclosed warehouse structure.
2.Location and Size Limitations.
a. Warehouse must be located on an arterial street.
b. Minimum lot size must be at least one acre.
3.Design.
a. Warehouse shall have a maximum building height of 40 feet.
b. Outdoor storage shall be separated by opaque screening from all adjacent uses and all public
rights-of-way.
c. Loading docks or bay doors shall not face arterial or collector street.
d. If warehouse exceeds 10,000 square feet, must adhere to a minimum Type B bufferyard set forth in
Sec. 3.42, Bufferyard Landscaping.
e. The minimum building setback shall be 100 feet. Within this setback, a 50-foot open space and a
50-foot vegetative buffer shall be provided.
4.Existing Uses. Existing uses may expand no more than 50% of the total square footage of all buildings
lawfully existing on the approval date of this ULDC and be exempt from all use conditions, property
development, and compatibility standards except for the following:
a. Meet LI setbacks along with all other standards for GC in Table 6 in Sec. 2.23-5, Light Industrial;
and
b. Provide a minimum of six feet of opaque screening from all adjacent uses.
Sec. 2.34 Special Use Standards
A.Purpose. This Section sets out the criteria to be used in deciding the appropriateness of a special use and the
application of standards or conditions for such uses. The standards of this Section apply to all special uses
set out in Sec. 3.36, Consolidated Use Table.
B.Special Use Permit Required. A special use permit, approved in accordance with Sec. 7.44, is required for:
1.Use Table. All residential and nonresidential land uses identified as a special use in Sec. 3.36,
Consolidated Use Table; and,
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2.Conversion of Nonconformities. A land use that is being proposed to be transferred from a legally
nonconforming use to be legally conforming per Sec. 8.13, Conversion of Nonconformities.
C.Criteria. In a review of special use permit applications pursuant to the uses established by zoning district, the
Planning Director, the Planning and Zoning Commission, and the City Council shall utilize the following
criteria:
1.Surrounding Properties. The proposed use will operate or be designed in a manner that does not
diminish the use or functionality of surrounding properties;
2.Required Improvements. Provisions for hours of operation, parking and loading areas, driveways,
lighting, signs, landscaping, buffering, and other site improvements have been provided;
3.Public Services. Adequate public services (such as: streets, off-street parking, pedestrian facilities, water,
sewer, gas, electricity, police and fire protection) shall be available without the reduction of services to
any existing uses;
4.Design Features. The proposed use will incorporate design features to sufficiently protect adjacent uses
including but not limited to service areas, pedestrian and vehicular circulation, safety provisions, access
ways to and from the site, buffering, fencing, and building placement; and,
5.Compatibility. The proposed use is compatible with adjacent existing uses. Compatibility shall be
expressed in terms of appearance, architectural scale and features, site design and scope, landscaping,
as well as the control of adverse environmental impacts, including noise and lighting, or other
undesirable conditions.
D.Conditional Approval. The City Council may require additional conditions beyond the criteria listed in
Paragraph (C), above, to reasonably mitigate any adverse impacts upon surrounding properties in the zoning
district of the property for which the special use is requested.
E.Additional Standards for Specific Residential Uses.
1.Group Living Uses.
a.Evacuation Plan. The following Group Living uses shall annually prepare and implement an
evacuation plan for all residents in accordance with Chapter 22, Civil Emergencies, of the Code of
Ordinances:
i.Boardinghouse;
ii.Group home for substitute care;
iii.Dormitory;
iv.Halfway house;
v.Homeless shelter;
vi. Orphanage; and
vii.Personal care home.
b.Required Distance. Group Living uses shall be separated by a minimum of one-half mile.
i. Such measurements shall be measured from property line to property line; and
ii. In making the determination that no group housing use requiring a special use permit exists
within one-half mile, the Planning Director may consider information provided by the
applicant, information contained in the records of the City, and information obtained by
physical inspection of the premises.
F.Additional Standards for Specific Nonresidential Uses.
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1.Sexually Oriented Commercial Enterprises. Sexually-Oriented Commercial Enterprises shall comply with
the standards in Chapter 4, Article II, Sexually Oriented Commercial Enterprises, of the City's Code of
Ordinances.
2.Junkyard, Salvage Yard, or Wrecking Yard. All material shall be stored within a fully enclosed building, or
otherwise screened 100 percent from view, consistent with the screening requirements in Sec. 3.45,
Screening and Fencing.
3.Packaging (Hazardous Materials). The placement of products into bulk containers or placing hazardous
products in to containers of any kind for the purpose of transport to another location shall require a
Special Use Permit.
4.Recreational Vehicle (RV) Park. Recreational vehicle (RV) parks shall meet all standards of Chapter 58,
Article IV, Recreational Vehicles, of the City's Code of Ordinances.
5.Resource Extraction. To establish and operate a mine or any other facility that extracts natural
resources from the ground:
a.Site Plan. A survey and legal description of the property is required to be submitted showing the
following:
i. A north arrow;
ii. Scale;
iii. Date;
iv. Name of property owner(s) for subject property and all adjacent property;
v. Existing and proposed features of the subject property and property within 200 feet of the
subject property such as: property lines, streets, alleys, easements, buildings or other
structures, driveways, screening, and landscaping.
b.Statement of Depth. The application shall designate the depth to which excavation or fill will be
made and the angle of all side slopes.
c.Dust. The application shall include a statement describing provisions for controlling dust.
d.Traffic. The application shall include a statement of precautions to be taken to guide traffic
movements safely in, around, and by the resource or extraction operation.
e.Oil and Gas Drilling. In addition to the requirements of Chapter 62, Article II, Oil and Gas, of the
City's Code of Ordinances, the resource extraction is for oil and/or gas drilling shall meet the
following standards:
i. All drilling, oil or gas operations shall be separated from all adjacent uses by opaque
screening.
6.Short-Term Rental. Refer to the Standards in Subsec. 2.33-3, Residential Uses.
7.Slaughterhouse. A slaughterhouse shall be at least 1,000 feet from any residential property line.
8.Utilities, Major.
a.Generally. The use is setback a minimum of 25 feet from the right-of-way of all streets bounding
the property on which the use is located.
b.Wireless Communications Facilities. Stand-alone wireless communication facilities shall comply
with the standards in Sec. 2.37, Wireless Communications Facilities.
Sec. 2.35 Accessory Use and Structure Standards
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A.Generally. An accessory use or structure may be established provided that it is associated with a primary use
in the Use Categories in 2.32, Use Categories, and that it complies with the standards of this Section.
B.Purpose. The purpose of this Section is to establish minimum standards for accessory uses and structures
that:
1. Advance the general welfare of the community;
2. Protect the general health and safety of the community;
3. Enhance and protect the aesthetic interests of the community;
4. Protect property values and lessen the impact that some accessory structures may have on residential
properties; and
5. Promote economic development by making the community a more desirable place to live, conduct
business, and recreate.
C.Standards that Apply to All Accessory Uses and Structures. The following standards shall apply to accessory
uses and structures except as this Section or ULDC indicates otherwise.
1.Subordination. The accessory use or structure shall be subordinate to and serve a primary use or
primary structure. Except as provided in this Section, a non-agricultural accessory structure must be
subordinate in height to the primary structure.
2.Commercial Use. Accessory structures located on residentially zoned or used property shall not be used
for commercial purposes other than home occupations that comply with this Section.
3.Timing of Construction. No detached accessory structure shall be constructed until the construction of
the primary structure has commenced.
4.Same Property. An accessory use or structure must be located on the same parcel or lot as the primary
use or structure.
5.Separation. No accessory structure shall be located closer than six feet to any other structure.
6.Setbacks.
a.Generally. Accessory structures shall comply with the front, interior side, and exterior side setback
standards for the primary structure established in Article 2, Zoning Districts and Dimensional
Standards.
b.Front Setback. No accessory building or structure may be erected within any front setback.
c.Rear and Side Yard. Detached accessory structures have a minimum rear and side setback of three
feet, unless the accessory building or structure is screened by a privacy fence composed of wood or
masonry. Said fence shall cover the entire height of the accessory building or structure and extend
at least three feet beyond either end of said building/structure, but shall not encroach into any
easements.
7.Easements. Accessory structures permanently affixed to the ground shall not encroach into an
easement.
8.Height. The maximum wall height for a residential accessory structure is 15 feet.
9.Fence Orientation. The finished side of all fences shall face outward toward adjacent rights-of-way. Posts
and supports shall face inward toward the subject property.
D.General Accessory Structures or Uses.
1.Donation Bin / Recycling Collection, Drop-Off.
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a. Generally. Donation bins, community recycling bins, and dumpster bins may be provided for
permitted apartments, nonresidential uses, and mixed-uses for solid waste or other
appropriate collection services.
b.Screening. Containers that are located in a front yard to meet the requirements of the refuse
service provider or that are visible from the street right-of-way view shall be screened with a solid
enclosure. The enclosure shall extend at least one foot above the container top.
c. Location. The placement of the containers shall meet the following requirements:
i. Containers shall be placed on a paved surface of either concrete or asphalt;
ii. Containers shall be located in such a manner that they can be serviced by a collection or
refuse hauling vehicle without such vehicle encroaching on or interfering with the public use
of streets or sidewalks, and without such vehicle backing out of the property onto the public
right-of-way;
iii. Openings into enclosures shall be positioned so that view of the containers from residentially
zoned or used properties and from the street right-of-way is eliminated; and
iv. The facilities shall be located in a side or rear yard of the parcel proposed for development
unless it is not possible to provide service access in such locations.
2.Electric Vehicle Charging Stations (EVCS).
a. Generally. Electric vehicle charging stations are permitted as an accessory use in conjunction with
an approved parking area or fueling station service area in any zoning district.
b. Residential Uses.
i. Except when located in conjunction with single-unit residences, electric vehicle charging
stations shall be reserved for parking and charging of electric vehicles only.
ii. Unless located in a parking structure, chargers are limited to Level 1 EVCS or Level 2 EVCS as
defined in Article 10, Division 10.2, Definitions.
c. Nonresidential Uses.
i. Commercial electric vehicle charging stations must be either Level 2 EVCS or DC fast charging
stations (Level 3), or the equivalent if standard industry categorizations change.
d. Design (Mixed-Use and Nonresidential Uses).
i. EVCS equipment shall be protected by wheel stops or concrete-filled bollards, or similar
devices to prevent damage.
ii. EVCS equipment shall be designed and located to not impede pedestrian or vehicle travel or
create hazards within the public right-of-way.
iii. Charger cords shall be retractable or have hanging or storage locations outside of pedestrian
pathways and shall not cross driveways, sidewalks, or loading areas.
iv. Wayfinding and signage indicating reserved EV parking spaces with an installed EVCS shall
follow minimum signage standards established by the Federal Highway Administration
(FHWA) published in the Manual on Uniform Traffic Control Devices (MUTCD), as updated.
v. All Electric Vehicle Charging Stations shall include an emergency power shutoff located in a
location easily accessible by emergency responders.
3.Solid Waste Collection and Trash Enclosures.
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a. Generally. Solid waste collection and trash enclosures shall be incorporated into the overall design
of the building and landscape so that visual impact of brush and waste containers are fully
contained and out of view from adjacent properties and public rights-of-way.
b. Residential Uses. Centralized solid waste facilities may be provided for attached or multifamily
residential uses by the use of dumpsters or garbage bins if it is demonstrated that:
i. The facilities are located no more than 200 feet (walking distance) from the individual
residential uses that they are intended to serve.
ii. The facilities are located in a side or rear yard, unless it is not possible to provide service
access in such locations.
iii. Access to the facilities is configured to meet the requirements of the City refuse service.
iv. The areas where dumpsters and/or garbage bins are stored are fully enclosed by an opaque
fence constructed of stucco-finished concrete block and/or earthen berms.
v. If an enclosure must be located in a front yard, it is designed and constructed to be
consistent and compatible with principal building in terms of materials and architecture.
vi. The enclosures have gates which remain closed at all times except when the dumpster or
garbage bins are being serviced.
vii. The enclosures are landscaped as indicated below in Figure 2.35-1, Trash Enclosures for
Residential and Nonresidential Uses.
viii. The enclosures are oriented so that landscaping faces adjoining properties or streets.
c. Nonresidential Uses. Solid waste collection facilities, generally. Dumpsters or garbage bins may be
provided for solid waste collection if it is demonstrated that:
i. The facilities are located no more than 200 feet (walking distance) from all individual
commercial uses that they are intended to serve.
ii. The facilities are not located in the street yard and instead are located behind the principal
building or in a side or rear yard.
iii. The facilities are placed a minimum distance of 20 feet from any public right-of-way, public
sidewalk, or property line that abuts a residential zoning district or any residential use;
iv. Access to the facilities is configured to meet the requirements of the City refuse service.
v. The areas where dumpsters and/or garbage bins are stored are fully enclosed by an
opaque fence constructed of any one or more of the following materials and include an
opaque gate:
(A) Redwood;
(B) Rough cedar;
(C) Pressure-treated lumber;
(D)Brick;
(E) Concrete; and
(F)Masonry materials.
vi. A minimum height of the greater of six feet or one foot taller than the waste container
provided that the maximum height shall not exceed 10 feet in height.
vii. The areas where dumpsters and/or garbage bins are stored are fully enclosed by an
opaque fence constructed of masonry or earthen berms improved with ground cover.
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viii. Meet City engineering, infrastructure, and construction design standards, including those
that pertain to maneuvering space.
ix. The enclosures are landscaped as indicated in Figure 2.35-1, Trash Enclosure for Residential
and Nonresidential Uses.
x. The enclosures are oriented so that landscaping faces adjoining properties or streets.
Figure 2.35-1
Trash Enclosures for Residential and Nonresidential Uses
4.Fences.
a. Setbacks. Fences and walls are permitted in any required setbacks.
b. Safety. Fences constructed of barbed wire and walls topped with broken glass or surfaced with any
like material shall be prohibited except as provided in this Subsection.
c. Height. Walls and fences constructed on property used for or restricted to residential uses shall be
no greater than six feet in height, subject to the following limitations, except as provided for in this
section:
i. The height of a wall or fence shall be the vertical distance between the ground and the top of
the fence. In terrain where the ground slopes at a grade of 10 percent or more, the fence or
wall may be built in ten-foot horizontal stair-step sections, the average height of each section
shall comply with the height regulations set forth herein.
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ii. Notwithstanding any contrary provisions in this ULDC, the Planning Director may approve an
overall fence height not to exceed eight feet in height as measured according to subsection
c.1 of this section. Such authorization shall be based on specific proposals that demonstrate
superior craftsmanship, aesthetic harmony with and enhancement of the streetscape and
the neighborhood, structural integrity, durability, safety, and overall design standards.
iii. No wall or fence located on a lot with two street frontages (corner lot) shall have a height in
conflict with the regulations governing visibility at intersections as prescribed in Chapter 109,
Article III, Sec. 109-76, Geometric Standards, in the City's Code of Ordinances.
d. Prohibited Fence Types. The following fencing materials shall be prohibited:
i. Barbed, razor, or electric wire, unless exempted as regulated in Subsection f, below;
ii. Used lumber;
iii. Fiberglass, unless one good coat of primer and two coats of neutral paint are applied; and
iv. Used or salvage materials unless specifically noted on plans and approved by the Building
Official.
e. Location.
i. No fences shall be allowed in the required front yard.
ii. No fences shall be located within a clear visibility triangle as set forth in Table 2.41-1,
Measurements.
iii. No wall or fence shall be located in a dedicated drainage easement in which an existing or
improved drainage channel is located.
f. Fencing Exceptions.
i. Barbed wire shall not be used on fencing except under the following circumstances:
(A) Fencing for property used for agriculture or grazing purposes;
(B) Security fencing for nonresidential uses in the nonresidential zoning districts where the
barbed wire is six feet or more above the ground level; and
(C) Security fencing for a site operated by a local, state or federal government agency or a
franchised utility company where the barbed wire is six feet or more above the ground
level and not visible from the right-of-way of a Freeway identified in the Comprehensive
Plan.
ii. Wired electrical fences shall be installed in accordance with the National Electrical Code as
adopted by the City and may be used only for the purposes designed for and shall be
Underwriters' Laboratory approved. Wired electrical fencing may be used on a property used
for agriculture or grazing purposes only and shall not be used for fencing adjacent to or in
any residential district. Notice of such fence shall be posted at least once along each
adjoining public right-of-way and at intervals not less than 500 feet.
E.Residential Accessory Structure or Use.
1.Accessory Structures.
a. Location.
i. An accessory structure shall be located in the interior side or rear yard; and,
ii. An accessory structure shall be no closer than six feet from any building.
b. Height. An accessory structure shall not exceed 20 feet in height.
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c.Size.
i.For a tract of land one acre or smaller:
(A)The sum of all accessory structures shall not exceed the gross square footage of the
primary structure on the same lot.
ii.For a tract of land larger than one acre:
(A)The sum of all residential accessory structures may exceed the gross square footage of
the primary structure on the same lot.
ci.Screening. An accessory structure located in an interior side yard shall be screened by a six-foot
opaque fence or wall.
cii.Timing. Accessory structures shall not be built until the foundation of the primary building has been
laid and framing of the primary building is substantially completed.
2.Accessory Dwelling Units (ADUs). One accessory dwelling unit per property shall be permitted in all
residential zoning districts as an accessory use to single-unit detached, or the single-unit attached
housing type in the MR, UR, MUN, DTA, and SJ zoning districts, subject to the following standards:
a. ADU Types. There are two types of ADUs:
i. Integrated ADUs; and
ii. Detached ADUs.
b. Integrated ADUs.
i. Integrated ADUs are located within a permitted building and shall comply with the building
placement standards for the permitted and associated principal building type.
ii. Integrated ADUs may be established by dividing space within a principal building (See (A) in
Figure 2.35-1, below), or by adding floor area to an existing building (See (B), below).
Integrated ADUs may be accessed from within the principal building or from outside,
according to the standards of this Section.
iii. Integrated ADUs appearance:
(A) Integrated ADUs shall not involve design modifications to the exterior of the principal
building that make their presence obvious.
(B) Where exterior doors provide direct access to the integrated unit, such doors shall be
designed, located, and configured in a manner that is typical for secondary access to a
residential dwelling (e.g. side doors, French doors, etc.).
(C) Any exterior stairs that would serve as the primary entrance to the ADU shall be located
on the side or rear of the principal structure and are prohibited from being located on
the front of the principal structure.
(D) If a principal building is expanded to accommodate an integrated ADU, the expansion
shall be designed in a manner that is comparable to the principal building.
(E) Only one entrance may be located on the front facade of the principal building facing
the street unless the building contained additional front entrances prior to
the ADU's construction.
c. Detached ADUs.
i. Detached ADUs are dwelling units that are located inside of an accessory structure, such as a
detached residential garage (See (C) in Figure 2.35-1, below) or detached structure (D).
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ii. Alleys. Where an improved alley adjacent to the lot exists, vehicular access to the ADU shall
take place from the alley.
iii. Prohibited Locations. ADUs may not be established within manufactured homes or structures
and vehicles that do not have a permanent foundation, including, but not limited to
recreational vehicles, travel trailers, or campers.
iv. Maximum Floor Area of the ADU.
(A) Measurement. The floor area is measured as the area within the ADU itself and does not
include areas of an accessory structure that are used for other purposes, such as a
detached garage or a workshop that is not incorporated into the ADU.
(B) Standard. The floor area of an ADU shall not exceed 50 percent of the total square
footage of the principal residential building to which it is accessory, or 1,000 square
feet, whichever is less.
v. Required Parking for ADUs. In the SR, MR, and UR districts, in addition to the parking
requirements for the principal residential use set out in 3.8, Required Off-Street Parking, one
off-street parking space for the ADU shall be provided.
Figure 2.35-1
Accessory Dwelling Unit Types
3.Bed and Breakfast Home.
a. The lot is conforming relative to the standards of this ULDC;
b. Meals are for overnight occupants and guests only (use of the home for an external catering service
is prohibited);
c. Private events are allowed only by issuance of a Special Use Permit;
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d. The home is inspected and has a written record indicating that it meets all applicable building and
fire codes prior to occupancy;
e. The principal use of the bed and breakfast home is a single-unit dwelling; and
f. The business is conducted so that it does not create parking or traffic congestion or otherwise
unreasonably interfere with the peace and enjoyment of surrounding homes as places of
residence.
4.Child or Group Day Care Home.
a. The operator must reside on the premises;
b. The use shall be clearly accessory to the residential use;
c. The use shall meet State registration and licensing requirements;
d. The resident operator, if not the owner of the property, shall provide a letter of authorization from
the property owner;
e. Outdoor play areas are enclosed by a fence that is at least six feet in height; and
f. The use shall be accessed by a public street.
5.Community Gardens.
a. Location. The entirety of the community garden shall be located within the rear yard and shall not
be located within any required setback.
b. Screening. The entirety of the community garden shall be screened by an opaque fence where the
community garden abuts residential properties.
c. Composting. Composting may be performed on-site, within a composting container, subject to the
following:
i. Composted materials shall be generated on-site or contributed by members of the
community garden; and
ii. All composting containers shall be located a minimum of 20 feet from side and rear property
lines and a minimum of 40 feet from the front property line.
6.Home Occupations. Permitted home occupations, unless permitted as a Live-Work Unit in 7.210,
Consolidated Use Table, shall be in compliance with the standards within this Section.
a. Permitted Home Occupations. A home occupation shall be permitted if the activity produces no
impact to the surrounding properties. A no-impact home occupation shall comply with the
following criteria:
i. The total number of on-site employees and clients does not exceed the City occupancy limit
for the residential property; and
ii. The business activities are characterized by all of the following:
(A) The activities are limited to the sale of lawful goods and services;
(B) The activities do not generate on-street parking or a substantial increase in traffic
through the residential area;
(C) The activities occur inside the residential dwelling or in the yard of the residential
property; and
(D) The activities are not visible from a street adjacent to the residential property.
b. Prohibited Home Occupations. The following home-based businesses are considered prohibited:
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i.Animal hospitals;
ii. Private clubs;
iii. Restaurants;
iv. Stables and kennels;
v. Vehicle repair shops. More than two vehicles per year that are not registered at the
residence and are rebuilt, repaired, or reconstructed shall constitute an automobile repair or
auto body shop;
vi. Vehicle paint shop;
vii. Any occupation which is considered illegal by law; and
viii. Any use which does not meet the standards in subsection (e), below.
c. Home Occupations Other Than Listed Above. Any home occupation which is not considered
“permitted” or “prohibited” shall use and abide by the special use process as described in 7.44,
Special Use Permit.
d. Nonresidential Zoning Districts. The home occupation standards in this Section shall have no
application in any non-residential zoning district unless permitted as a Live-Work Unit in 7.210,
Consolidated Use Table.
e. Standards for All Home Occupations.
i. Area Limitation. The home occupation may not exceed 25 percent of the gross floor area of
the principal dwelling.
ii. Safety. The occupation may not be more dangerous to life, personal safety, or property than
any other activity ordinarily carried on with respect to a dwelling used solely for residential
purposes.
iii. Non-compliance. Any home occupation which does not abide by the terms of this Section or
the operational performance standards in 3.31, Performance Standards, shall be punishable
under Article 9, Enforcement, Violations, and Penalties.
iv. Modifications or Additions. Structural modifications or additions to the residence for the
expansion of a home occupation shall be constructed to be compatible with the primary
structure and remain residential in appearance.
v. Traffic and Parking. Traffic generated by the home occupation shall not be objectionable to
the neighboring residents. Off-street parking shall be adequate to accommodate the parking
demand generated by the home occupation.
vi. Deliveries. The home occupation shall not require the delivery or shipment of materials,
merchandise, goods, or equipment by other than passenger motor vehicles, one-ton step-up
vans, or similar-sized trucks that are less than 10 tons gross vehicle weight.
vii. Equipment. Any materials, equipment, or merchandise or stock in trade sold, repaired, or
displayed shall be stored entirely within the residential structure or in an accessory structure.
viii. Vehicles. There shall be no storage of vehicles that have more than two axles.
ix.Signs. There shall be no signs or other exterior visible evidence of a home occupation.
x. Residential Character. The building or premises occupied shall not be rendered objectionable
or detrimental to the residential character of the neighborhood due to exterior appearance
or by the emission of dust, gas, noise, odor, or smoke, or in any other way.
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xi. Residential Design Features. The building shall include no features of design not customary
for residential use.
xii. No Exterior Display. No use shall indicate from the exterior any display that the building is
being used in part for any purpose other than that of a dwelling, with the exception of
permitted signage.
7.Outdoor Swimming Pool, Spa, and Hot Tub. A private swimming pool along with incidental installations,
such as pumps and filters, is permitted in any residential zoning district subject to the following
standards:
a.Permit. No swimming pool shall be constructed or placed until a swimming pool building permit has
been issued. No building permit shall be issued unless the proposed pool complies with applicable
local and state regulations.
b.Location. A swimming pool, spa, or hot tub may be constructed and operated in a rear or side yard
setback when the pool is not located in any easement or closer than 10 feet to any back property
line and seven and one-half feet to the side property line.
c.Enclosure. Pool enclosure requirements for pools located in residential districts must meet current
adopted Building Codes for single-family residential pools, spas, and hot tubs.
d.Lighting. All lighting of the pool is shielded or directed to face away from adjoining residences.
8.Recycling Collection.
a. Recycling collection bins may be made available for use by the general public.
b. Recycling collection bins may be located:
i. In loading or service areas that are at least 50 feet from property lines or screened from
public view and abutting uses by a six-foot-tall masonry wall (which may be a part of
a bufferyard); or
ii. In a dumpster enclosure (see Subsection D.3, Solid Waste and Trash Enclosures, above).
c. Recycling collection bins shall be constructed of a durable waterproof and rustproof material.
d. Recycling collection bins shall be clearly marked to identify the type of material to be deposited
and the identity, address, and phone number of the operator.
9.Registered Family Home (Child Care).
a. Compliance. The use is in compliance with all certification, licensing, and/or monitoring
requirements as per Texas Human Resources Code, Chapter 42, Regulation of Certain Facilities,
Homes, and Agencies that Provide Child-Care Services.
b. Operator Requirement.
i. The operator must reside on the premises; and
ii. The resident operator, if not the owner of the property, shall provide a letter of authorization
from the property owner.
c. Accessory. The use shall be clearly accessory to the single-family residential use.
d. Dimensional Requirements. The use shall conform with all of the dimensional requirements
established in Article 2, Zoning Districts and Dimensional Standards, for the districts for which the
use is permitted.
e. Outdoor Play Area. Outdoor play areas are enclosed by a fence that is at least six feet in height.
f. Access to Site. The use shall be accessed by a public street.
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10. Chicken-Keeping. Complies with all provisions of Chapter 14, Animals, of the City's Code of Ordinances.
F.Agricultural Accessory Structure or Use.
1.Generally. All accessory structures or uses that support an agricultural activity shall follow the following
criteria:
a.Floor Area and Height. An accessory structure that supports an agricultural activity may exceed the
floor area and height of the principal building.
b.Residential Separation. All agricultural structures (excluding fences) used to house livestock shall be
located so that they are no closer than 150 feet from a dwelling unit on another property. This
requirement shall not apply if a dwelling unit is constructed so as to encroach upon such
separation, except that such an agricultural structure may no longer expand towards a newly
established residential use.
G.Nonresidential; Accessory Structure or Use.
1.Automated Teller Machine (ATM) or Vending Kiosk. ATMs or vending kiosks are permitted subject to the
following:
a. Accessory Use. They shall be customarily associated with a permitted principal use, located on the
same lot or parcel and shall not serve as a principal use;
b. Setback. They shall be set back from property lines one foot for each foot in height of the kiosk or
ATM;
c. Height. They shall not exceed a maximum height of 10 feet;
d. Mounting. They shall be elevated above parking lot surfaces and protected by a six-inch curb, with
a minimum radius around the base of the kiosk of five feet. Bollards shall not be used for collision
protection unless they are integrated into a decorative metal fence that surrounds the structure
except at points of access; and
e. Pedestrian Access. Walk-up vending kiosks and ATMs shall be connected to the internal and
external pedestrian circulation systems and do not interfere with vehicular circulation; or
f. Vehicular Access. Drive-through vending kiosks and ATMs shall have circulation that is independent
from parking areas and shall provide a minimum of three stacking spaces, including the position at
the kiosk or ATM.
2.Community Garden. All community gardens accessory to a principal nonresidential use shall conform
with the following criteria:
a. Accessory Use. A community garden may be permitted as an accessory use to:
i. Household Living;
ii. Group Living;
iii.Community Service;
iv. Day Care (Adult or Child);
v. Government Facilities;
vi.Medical Facilities;
vii.Parks and Open Areas;
viii. Social Service Establishments;
ix. Utilities;
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x.Place of Public Assembly; and,
xi. Educational Facilities.
b. Location. The entirety of the community garden shall not be located within any required setback.
c. Composting. Composting may be performed on-site, within a composting container, subject to the
following:
i. Composted materials shall be generated on-site or contributed by members of the
community garden; and
ii. All composting containers shall be located a minimum of 40 feet from side and rear property
lines and a minimum of 80 feet from the front property line.
4.Drive-In or Drive-Through Facility.
a. Generally. Drive-in or drive-through facilities are permitted only as an accessory use to a principal
use.
b. Access. The facility shall take access from an arterial or collector street.
c. Location. The drive-in or drive-through facility shall not be located within the front yard setback.
d. Speakers. Drive-through speakers shall be either:
i. Oriented to face away from a single- or two-family dwelling or a residential zoning district; or
ii. Be setback a minimum of 25 feet from a single- or two-family dwelling or a residential zoning
district.
e. Buffering. Ordering stations facing abutting residentially zoned or used property shall be buffered
with a five- to six-foot-high fencing and landscaping.
5.Electric Vehicle Charging Stations.
a. Generally. Electric vehicle charging stations are permitted as an accessory use in conjunction with
an approved parking area or fueling station service area in any zoning district.
b. An electric vehicle charging station is a public or private parking space(s) that is (are) served by
battery charging equipment with the purpose of transferring electric energy to a battery or other
energy storage device in an electric vehicle.
c. Levels 1 and 2.
i. Level 1 electric charging stations are considered slow charging and operates on a fifteen to
twenty amp breaker on a one hundred-twenty volt AC circuit.
ii. Level 2 electric charging stations are considered medium charging and operated on a forty to
one hundred amp breaker on a two hundred eight or two hundred forty-volt AC circuit.
iii. Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking
garage or in on-street parking spaces shall comply with the following standards. Due to the
fact the technology associated with electric vehicles, batteries and electric vehicle charging
stations is relatively new and is anticipated to change, and that there is a lack of municipal
experience on consumer and community preferences and attitudes with regard to electric
vehicles, the Code Enforcement Officer may authorize variations from these standards, so
long as the intent and goal of the standards and this chapter are addressed.
iv. Except when located in conjunction with single-unit residences, electric vehicle charging
stations shall be reserved for parking and charging of electric vehicles only.
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v. Each electric vehicle charging station located in a nonresidential or agricultural district shall
be posted with signage indicating the space is only for electric vehicle charging purposes.
Signage shall include items contained in subsection F of this section. Way-finding signs
conveniently located to guide motorists to the charging stations are permitted with the
approval of the Development Department.
vi. Equipment for electric vehicle charging stations shall comply with the following standards:
(A) Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street
charging station shall be designed and located as to not impede pedestrian travel or
create trip hazards within the right-of-way.
(B) Charging station outlets and connector shall be no less than thirty-six inches or no
higher than forty-eight inches from the top of the surface where mounted and shall
contain a retraction device or a place to hang cords and connectors above the ground
surface.
(C) Equipment shall be protected by wheel stops or concrete-filled bollards.
vii. Notification. The following information shall be posted at all electric vehicle charging
stations:
(A) Voltage and amperage levels;
(B) Hour of operations if time limits or tow-away provisions are to be enforced by the
property owner;
(C) Usage fees;
(D) Safety information; and,
(E) Contact information for reporting when the equipment is not operating or other
problems.
viii. Electric vehicle charging stations located within parking lots or garages may be included in
the calculation of the minimum required parking spaces.
ix. Electric vehicle charging stations may be located in any yard.
d. Level 3 and Battery Exchange.
i. Level 3 electric vehicle charging stations are considered fast or rapid charging and operated
on a sixty amp or higher breaker on a four hundred eighty volt or higher three-phase circuit
with special grounding equipment. Level 3 stations can also be referred to as rapid charging
stations that are typically characterized by industrial-grade electrical outlets that allow for
faster recharging of electric vehicles.
ii. Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking
garage or in on-street parking spaces shall comply with the following standards. Due to the
fact the technology associated with electric vehicles, batteries, and electric vehicle charging
stations is relatively new and is anticipated to change, and that there is a lack of municipal
experience on consumer and community preferences and attitudes with regard to electric
vehicles, the Code Enforcement Officer may authorize variations from these standards, so
long as the intent and goal of the standards and this chapter are addressed.
iii. Equipment for electric vehicle charging stations shall comply with the following standards:
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(A) Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street
charging station shall be designed and located as to not impede pedestrian travel or
create trip hazards within the right-of-way.
(B) Charging station outlets and connector shall be no less than thirty-six inches or no
higher than forty-eight inches from the top of the surface where mounted and shall
contain a retraction device or a place to hang cords and connectors above the ground
surface.
(C) Equipment shall be protected by wheel stops or concrete-filled bollards.
6.Outdoor Display of Merchandise.
a. Generally. Permanent or seasonal outdoor display of merchandise is permitted in the GC and
FC zoning districts subject to the requirements of this Section.
b. Accessory Use. The outdoor display area involves items for sale by a business that is located within
a permanent structure or a designated area on the same site.
c. Attached to Principal Building. An outdoor display area that is attached to a principal building
(see Figure 2.35-1, Attached Outdoor Display Area) is permitted if the outdoor display area is:
i. If covered, the display area shall be covered with a roof structure that is architecturally
integrated into the primary building, except that nursery areas may be covered by
greenhouse roofing, screening, or another cover material that is appropriate for protecting
plant stock;
ii. Adjacent to a wall of a principal structure;
iii. Within the buildable area of the site formed by the required setbacks;
iv. Configured as a walled and/or decoratively fenced area that is architecturally integrated into
the principal building;
v. Not larger than 15 percent of the gross floor area of the principal building; and
vi. Not located in areas that are required or used for parking, loading, or vehicular circulation.
Figure 2.35-1, Attached Outdoor Display Area
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Figure Notes: A = Area not larger than 15% of the gross floor area of principal building | B = Principal Building | C
= Architecturally Integrated Roof Structure
7.Outdoor Storage for Nonresidential Uses and Districts.
a. Generally. Outdoor storage is permitted in the GC, LI, and HI zoning districts subject to the
standards of this section. At the time any building, use, or structure is instituted, erected, enlarged,
or converted from one land use to another land use which utilizes outdoor space for the storage or
display of motor vehicles, equipment, or materials, on-site outdoor storage facilities shall be
provided in accordance with these regulations. Such areas shall be provided in order that such
vehicles, equipment, or materials may be displayed or stored without encroaching on or interfering
with the public use of streets, alleys, and sidewalks.
b. Surfacing and Drainage. All outdoor storage facilities, except for those in the LI and HI
zoning districts, including access aisles, driveways, and maneuvering areas, shall be composed of an
all-weather surface and shall meet the drainage requirements of this ULDC and of the City
Engineer. In the HI zoning district, access aisles and maneuvering areas of enclosed outdoor storage
areas may be composed of gravel.
c. Placement. An outdoor storage facility shall be located to the rear or side of the primary
structure and away from the public right-of-way and adjacent residentially zoned or used property.
d. Public Views. Outside storage shall be maintained to prevent public view of interior storage.
e. Maneuvering of Inventory. The site shall be of adequate size, shape, and design to ensure:
i. All maneuvering of inventory will be contained on-site;
ii. No inventory will be backed onto the site from the public right-of-way;
iii. All on-site maneuvering shall occur without encroaching onto adjacent properties or rights-
of-way; and
iv. Inventory will be maneuvered without conflicting with vehicular use areas.
f. Buffering and Screening. Outdoor storage areas shall be screened from the public right-of-way and
from adjacent properties with a Type B bufferyard as established in 3.43, Bufferyard Landscaping,
together with a fence or wall that is a minimum of six feet and a maximum of eight feet in height.
g. Exemptions. The following types of outdoor storage are exempt from the screening requirements
of this Subsection:
i.Retail planting stock and landscape stone or similar landscape materials, associated with a
nursery or greenhouse;
ii.Commercial vehicles related to a permitted business on-site; and
iii. Finished recreational vehicles, automobiles, portable buildings, boats, trailers, manufactured
homes, and other similar vehicles or equipment sold by a permitted use on-site.
8.Vehicle Fuel Station Dispensing Islands and Canopies. Vehicle fuel station dispensing islands and
canopies shall be permitted as accessory structures for vehicle fuel station and vehicle service uses if it
is demonstrated that:
a. Canopies use a similar architectural style, materials, and roofing as the principal building.
b. The trim of the canopy is not internally or externally illuminated.
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c. Gasoline dispensing islands and service station canopies are set back 15 feet from front lot or
corner side yard lot lines; and
d. Fuel station pumps and pump islands shall not be closer than 100 feet from any residential district.
9.Small Wind Energy Conversion System (SWECS). The following standards apply to Wind Energy
Conversion Systems permitted as accessory to principle uses:
a. Setback. The base of the tower shall be set back from all property lines, public rights-of-way, and
public utility lines a distance equal to one and one-half times the total height. Less restrictive
setbacks shall require variance approval by the City Council.
b. Tower Height. The maximum tower height (meets sound and setback requirements) is permitted as
follows:
i. Ground-Mounted. The height limit for an accessory SWECS shall be the height limit in the
underlying zoning district, as long as the SWECS meets the setback established in 9.a., above.
ii. Building-Mounted. Rooftop SWECS shall not exceed a height of 10 feet above the roof or the
top of a parapet, whichever is higher. Building-mounted SWECS shall be measured from the
point at which the SWECS is mounted to the maximum arc of a blade at its peak arc. Non-
bladed SWECS shall be measured from the base of the SWECS where it is mounted on the
building to the highest point of the SWECS;
iii. Exceptions. Height limitation imposed by the Federal Aviation Administration (FAA) shall
supersede Subsections 9.b.1. and 9.b2., above.
c. Distance between SWECS. The distance between the tower support base and any two SWECS shall
be the minimum of five rotor lengths, determined by the size of the largest rotor.
d. Fence. A fence with a minimum height of six feet with a locking gate shall be placed around any
WECS tower base.
e. Sound. Audible noise due to SWECS operations shall not exceed 55 dBA or 10 decibels greater than
ambient noise levels, measured at the nearest dwelling or otherwise occupied structure. Sound
levels may be exceeded during short-term events such as utility outages and/or severe wind
storms.
f. Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.
g. Signage. All signs, other than the manufacturer's or installer's identification, appropriate warning
signs, or owner identification on a wind generator, tower, building, or other adjacent structure
associated with a SWECS visible from any public street or adjacent property shall be prohibited.
h. Access.
i. Freestanding Tower. Climbing apparatus below 12 feet of a freestanding tower shall be
removed to prevent unauthorized climbing.
ii. Lattice or Guyed Towers. The bottom tower section must be secured such that it cannot
readily be climbed.
i. Interference. The SWECS operation shall not interfere with radio, television, computer, or other
electronic operations on abutting or nearby properties.
j. Ownership. Whenever the SWECS and/or property upon which the SWECS is sited are transferred
to new ownership, all requirements and responsibilities pertaining to the SWECS are transferred to
the new ownership.
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k.Abandonment. If a SWECS is inoperable for six consecutive months, the property owner shall be
notified that they must, within six months of received notice, restore their system to operating
condition. If the owner fails to restore their system within the required six-month time period, the
owner is required at his/her expense to remove the wind turbine from the tower.
l. Utility Notification. No SWECS shall be installed until the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator.
m. FAA Regulations. No SWECS shall be constructed, altered, or maintained so as to project above any
of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace
protection.
n. Compliance with National Electric Code. SWECS installation shall conform to the National Electric
Code, as updated from time to time.
o. Insurance. Additional insurance beyond property owners' or homeowners' coverage shall not be
required.
p. Building Permit. A building permit is required for SWECS.
10.Solar Panel Array (Small-Scale).
a. Agreement. If solar panels are to be interconnected to the electric utility grid, proof of an executed
interconnect agreement shall be provided to the Planning Director before the system is
interconnected. Systems approved pursuant to this Subsection may not generate power as a
commercial enterprise.
b. Roof-Mounted.
i. Roof-mounted solar panels may be located on principal and accessory structures.
ii. A roof-mounted array on a pitched roof may not extend more than 12 inches above the roof
surface if the roof is visible from the public right-of-way or from a residential property, nor
may it extend more than 12 inches beyond any edge of the roof.
iii. Where an array is placed atop a flat roof, it may not extend more than five feet above the
roof and shall be screened from the public right-of-way with the building‘s façade parapet or
similar mechanism. A roof-mounted solar panel array that cannot meet these placement
standards requires a Special Use Permit per 7.44, Special Use Permit.
c. Ground-Mounted. Ground-mounted solar panels shall be:
i. Located in the interior side or rear yard and screened from adjacent residential property and
all public rights-of-way with Type B Bufferyard; and
ii. Set back from lot lines as if they were detached accessory structures if the highest point on
the panels is more than six feet above grade.
Sec. 2.36 Temporary Use Standards
A.Generally. Permitted temporary uses and structures are set forth in Table 2.36-1, Temporary Uses and
Structures. Standards for temporary uses and structures are set forth below.
B.Purpose. The purpose of this Section is to establish specific conditions for certain uses and structures
permitted for a limited duration. The following standards ensure that such temporary uses or structures do
not negatively impact surrounding properties and are discontinued upon the expiration of a set time period.
C.Applicability.
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1.Maximum Duration. Other than retail promotional activities, the temporary uses set out in this
Subsection are limited for a specified period of time as outlined in Table 2.36-1, Temporary Uses and
Structures.
2.Required Principal Use. The establishment of a temporary use requires a permanent principal use,
except for a batch plant.
3.Authorized Applicants. The owner or another person having a contractual interest in the subject
property shall sign the Temporary Use Permit application.
4.Unlisted Temporary Uses. Refer to 2.38, New and Unlisted Uses, as the same means of interpretation
apply to temporary uses as apply to permanent uses.
D.Symbols. The symbols in Table 2.36-1, Temporary Uses and Structures, shall have the following meanings:
1. "NT" means "No Temporary Use Permit Required." The use is subject to the applicable requirements of
this Section but does not require approval of a Temporary Use Permit.
2. "TUP" means "Temporary Use Permit Required." The use is subject to the applicable requirements of
this Section and approval of a Temporary Use Permit by the Planning Director.
3. "--" means that the use is prohibited in the specified zoning district.
4. "Number / Number" in the Duration column means the maximum number of events permitted on a
single site in a calendar year and the days permitted per event. For example, mobile food vendors are
permitted every day of the year on the same site.
Table 2.36-1, Temporary Uses and Structures
Zoning Districts
Land Use Duration ER,
SR,
MR
UR AR MUN
DTA
,
SJ
NC,
GC FC LI,
HI OR
NT= No Temporary Use Permit Required; TUP= Temporary Use Permit Required; -- = Prohibited Use
Duration = Maximum Events per Year/Days per Event on the same site (Duration Column)
Public and Commercial Events
Commercial Outdoor Sales Event 6/4 ------TUP TUP TUP ------
Farmer's Market or Open Air
Market 52/2 ------NT NT NT NT NT NT
Mobile Food Vendor 365/1 ------NT NT NT NT NT NT
Public Exhibit or Transient
Events/Shows 1/14 ------TUP TUP TUP TUP TUP --
Roadside Stand 2/60 --------TUP TUP ------
Seasonal Sales 6/60 --------TUP --------
Sidewalk Sales 6/60 ------TUP TUP TUP ------
Mobile Retail Vendor 365/1 ----------NT NT NT --
Construction, Storage, and Refuse Collection Facilities
Asphalt or Concrete Batch Plant,
Temporary N/A TUP TUP TUP TUP TUP TUP TUP TUP TUP
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Table 2.36-1, Temporary Uses and Structures
Zoning Districts
Land Use Duration ER,
SR,
MR
UR AR MUN
DTA
,
SJ
NC,
GC FC LI,
HI OR
Temporary Construction Offices N/A TUP TUP TUP TUP TUP TUP TUP TUP TUP
Temporary Construction Yard N/A ----------TUP TUP TUP TUP
Temporary Construction
Dumpsters N/A NT NT NT TUP TUP TUP TUP TUP TUP
Portable Storage Unit N/A NT NT NT TUP TUP TUP TUP TUP TUP
E.General Criteria. All temporary uses listed in this Section shall comply with these criteria, whether they
require a Temporary Use Permit or not. The Planning Director shall not approve or modify and approve an
application for a Temporary Use Permit unless the following general criteria, specific regulations, and time
limitations are met in addition to standards for any particular temporary use as specified below.
1.Accessibility. The temporary use does not create any violations of the Americans with Disabilities Act,
the Texas Accessibility Standards, or the accessibility standards adopted by the City.
2.Location (Permission Required). The use shall not be on publicly or privately owned property unless the
applicant first obtains written approval from the owner.
3.Traffic. The location of the temporary use or structure shall be such that adverse effects on surrounding
properties will be minimal, particularly regarding any type of traffic generated or impacted by the
temporary use or structure and impact upon traffic circulation in the area.
4.Parking and Access. Adequate off-street parking shall be provided to serve the use. The use shall not
displace the required off-street parking spaces or loading areas of the principal permitted uses on the
site. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.
5.Property Line Setbacks. Structures and/or display of merchandise shall comply with the yard and
property line setback requirements of the base zoning district within which it is located. The items shall
be displayed so as not to interfere with the sight triangle of the intersection of the curb line of any two
streets or a driveway and a street. In no case shall items be displayed, or business conducted, within the
public right-of-way with the exception of the DTA or SJ zoning districts.
6.Number per Parcel. Only one Temporary Use Permit shall be permitted for a single parcel of land at any
given time.
7.Utilities. Temporary uses must provide sufficient potable water and adequate sewage disposal.
8.Outdoor Lighting. All light sources must be directed inward to the site and downward and away from
adjacent properties. Refer to Division 3.5, Outdoor Lighting.
9.Public Convenience and Litter Control.
a. Adequate public restroom facilities and waste containers shall be required on-site.
b. After the temporary use is finished, the site shall be returned to its condition prior to the
temporary use being established, including, but not limited to, removal of all litter and any other
facilities related to the use, at no expense to the City.
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F.Construction, Storage, and Refuse Collection Uses. The standards of this Section apply to temporary
construction, storage, and refuse collection uses that are listed as a permitted temporary use in Table 2.36-1.
1.Location and Operations. The location, hours of use, operational limitations, and duration of use are set
out in Table 2.36-2, Temporary Construction, Storage, and Refuse Collection Uses.
Table 2.36-2, Temporary Construction, Storage, and Refuse Collection Uses
Temporary
Use Location of Use Hours of Use Operational
Limitations Duration of Use
Asphalt or
Concrete
Batch Plant
Not less than 600 feet
from any residential
property, park, or
school.
8:00 a.m. to
8:00 p.m. if
within 600 feet
of residential
property; or
6:00 a.m. to
10:00 p.m. in all
other locations.
The facility shall be used
only for a project within
the City or its ETJ, no more
than one mile from the
project site.
Established by approval
to coincide with the use
of the facility for a
specified construction
project, not to exceed
180 days. Shall be
removed upon project
completion.
Temporary
Construction
Office
On lot or parcel
proposed for
development, set back
at least 10 feet from all
property lines.
Not limited.
May be used by
construction
superintendent,
construction workers,
contractors, and other
personnel on a
construction team or as a
security office. The
building may not be used
as a residence.
Shall be removed prior to
certificate of occupancy
for the last building.
Temporary
Construction
Yard
Within one-half mile of
the construction to
which the construction
yard relates.
8:00 a.m. to
8:00 p.m. if
within 600 feet
of residential
property; or
6:00 a.m. to
10:00 p.m. in all
other locations.
The facility shall be used
only for a construction site
within the City or ETJ or an
infrastructure project that
is wholly or partially
located in the City.
Established by approval;
to coincide with the use
of the facility for a
specified construction
project.
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Table 2.36-2, Temporary Construction, Storage, and Refuse Collection Uses
Temporary
Use Location of Use Hours of Use Operational
Limitations Duration of Use
Temporary
Construction
Dumpster
On parcel or lot using
dumpster, set back at
least 10 feet from the
property line. In
nonresidential and
mixed-use districts,
dumpsters shall be
located behind buildings
(where possible) and
shall not obstruct
required parking areas.
Not limited.
Refuse shall be contained
within the dumpster and
shall be secured to
prevent it from being
removed from the
dumpster by wind or
animals.
Shall be removed prior to
issuance of a certificate
of occupancy for the last
building.
Portable
Storage Unit
On parcel or lot served
by portable storage unit.
No encroachment into
setbacks or over
sidewalks is permitted.
On nonresidential
parcels, must be located
behind principal
building.
Not limited.Not limited.
30 days if located in a
residential driveway;
three months if located
behind principal
nonresidential building
and screened from view
from public rights-of-way
and residential districts
or uses.
2.Sanitary Facilities. Restroom facilities shall be provided for operators of concrete and asphalt batching
operations and for users of temporary construction buildings (except when used exclusively for storage)
and on-site real estate offices.
3.Additional Standards Applicable to Concrete and Asphalt Batching Operations. The Public Works Director
shall review all applications for concrete and asphalt batching operations to make a recommendation to
the Planning Director regarding compliance with the standards of this Subsection. Where this use is
indicated as a limited use in Table 2.36-1, Temporary Uses and Structures, the Planning Director shall
refer the recommendation to the Commission with the staff report and recommendations on the
application. The standards include:
a. The applicant shall provide a written agreement and advanced surety in the amount of 125 percent
of the estimated site restoration cost to ensure complete site restoration upon the facility's
dismantling or revocation of the permit, plus the estimated road restoration/replacement costs
along anticipated principal truck routes. This amount shall be approved by the Public Works
Director.
b. If deemed necessary by the Public Works Director, the property access shall be controlled by
special traffic markings and/or signalization at the applicant's expense. Instances warranting such
traffic improvements may include locations at busy intersections or other areas where interference
with primary traffic from trucks would be extensive.
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c. All electric and lighting facilities shall be submitted to the Public Works Director prior to
installation. These facilities shall be installed in accordance with approved plans.
d. Noise shall be controlled so that:
i. The noise level at the nearest property line does not exceed 50 dBA after 10:00 p.m.
ii. The noise level at the property line of the concrete and asphalt batching operation does not
exceed 75 dBA for more than two hours per day.
iii. The noise level at the property line of the concrete and asphalt batching operation does not
exceed 85 dBA at any time.
4.Extension of Approvals. Approvals may be extended upon demonstration of good cause, appropriate
maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary
construction or storage uses were established. All applications for renewal of a Temporary Use Permit
issued pursuant to this Section shall be submitted to the Planning Director at least 10 working days
before the expiration of the permit.
Sec. 2.37 Wireless Communications Facilities
A.Purpose. The purpose of this Section is to establish regulations for the siting of wireless communication
towers and antennas. The goals of this Section are to:
1. Encourage the location of towers in nonresidential areas and minimize the total number of towers
throughout the community;
2. Encourage strongly the joint use of new and existing tower sites;
3. Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse
impact on the community is minimal;
4. Require users of towers and antennas to configure them in a way that minimizes the adverse visual
impact of the towers and antennas; and
5. Enhance the ability of the providers of telecommunication services to provide such services to the
community quickly, effectively, and efficiently.
B.Application Requirements. The proponent of a new tower site other than a radio, television or microwave
broadcasting or transmission facility shall provide the following documentation for review by the Planning
Director:
1.Residential Setback. Towers must be set back a distance equal to the height of the tower from any off-
site residential structure.
2.Yard Setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for
the zoning district in which they are located.
3.Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall
be equipped with an appropriate anti-climbing device.
4.Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards
of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. At a tower site, the design
of the buildings and related structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend the tower facilities to the natural setting and building
environment. If an antenna is installed on a structure other than a tower, the antenna and supporting
electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible
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with, the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
5.Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA,
and FCC, and any other agency of the federal government with the authority to regulate towers and
antennas. If such standards and regulations are changed, then the owners of the towers and antennas
governed by this section shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date of such standards and regulations.
6.Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with standards contained in applicable local building
codes and the applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the tower fails to comply with such
codes and standards and constitutes a danger to persons and property, then, upon notice being
provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance
with such codes and standards. If the owner fails to bring such tower into compliance within the 30
days, the city may remove such tower or cause such tower to be removed at the owner's expense.
C.Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous
period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove
same within 90 days of receipt of notice from the planning department notifying the owner of such
abandonment. If such antenna or tower is not removed within the 90 days, the planning department may
cause such antenna or tower to be removed at the owner's expense. If there are two or more uses of a single
tower, then this provision shall not become effective until all users cease using the tower.
D.Satellite Dish Antennas. Satellite dish antennas may be allowed in any district when the following conditions
are met:
1.Limits. Only two antennas shall be allowed per dwelling unit or structure housing a permitted
nonresidential use and may be either ground or roof-mounted. An antenna shall be considered ground-
mounted whenever it is not entirely supported by the roof.
2.Roof-Mounted Antennas. Roof-mounted antennas shall not extend beyond the maximum height of
structures permitted in the district in which they are located, except that when mounted to a two-story
structure, no portion of the dish or appurtenances shall extend more than 10 feet beyond the roofline.
3.Encroachments. A satellite antenna array shall not extend into the front yard. See Subsection B.2 above
for more detail.
4.Accessories to Principal Use. Antennas shall be accessories to the primary use of the lot or tract upon
which it is located.
Sec. 2.38 New and Unlisted Uses
A.Purpose. It is recognized that new types of land use will develop and forms of land use not anticipated may
seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the
appropriate classification of any new or unlisted land use shall be made as established in this Section.
B.Authorization of Proposed Use.
1.Director Discretion. Use Categories and specific uses are listed in the tables in Sec. 2.32, Use Categories.
The Planning Director may interpret a use that is not listed to be within a defined use category or zoning
district.
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2.Special Permit Required. The Planning Director may determine that a special use permit shall be
required for any uses that are not identified in this ULDC.
C.If Not Authorized Then Prohibited. If the Planning Director or Planning and Zoning Commission determines
that a proposed use does not fit within a given Use Category or zoning district and is not functionally the
same as a permitted, limited, or special use, then the use is a prohibited use.
D.Decision Criteria. The Planning Director or Planning and Zoning Commission, as appropriate, shall evaluate
the proposed use based on the descriptions of the use categories as provided in Sec. 2.31, Consolidated Use
Table, and the following criteria:
1. Parking demand;
2. Average daily and peak hour trip generation (cars and trucks);
3. Impervious surface;
4. How the use is advertised;
5. Regulated air or water emissions;
6. Noise;
7. Lighting;
8. Dust;
9. Odors;
10. Glare;
11. Solid waste generation;
12. Potentially hazardous conditions, such as projectiles leaving the site;
13. Use and storage of hazardous materials;
14. Character of buildings and structures;
15. Nature and impacts of operation; and
16. Hours of operation.
Division 2.4 Measurements and Allowances
Sec. 2.41 Measurements
Table 2.41-1, Measurements, below, provides the method of measurement for the developmental standards in
this ULDC.
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
The minimum civic and open space required by each district is calculated by dividing the total
amount of civic and open space on the parcel proposed for development ("A") by the total gross
area of the entire parcel proposed for development ("B") as depicted on a Preliminary Subdivision
Plat.
To be counted toward the minimum amenity space requirements, the minimum amenity space
percentages per each district must be met per Article 2, Zoning Districts and Dimensional Standards.
Minimum Civic
and Space
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Gross Density
The number of dwelling
units ("B") divided by
total gross acres of a
development
("A").
Gross Floor
Area
The total area of all the
floors of a building,
including
intermediately floored
tiers, mezzanines, etc.,
as measured from the
exterior surfaces of the
outside walls of the
building.
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Building Height shall be measured as follows for varying roof forms, as the vertical distance from the
average ground level around the building to:
Flat Roof: The highest point of the roof ("A");
Mansard Roof: The deck line ("A");
Gable, Hip, and Gambrel Roof: The average height between eaves and the ridge ("A"); and
Shed or Similar Style: The highest point of the roof ("A"). This also applies to asymmetrical or
dynamic roof forms.
Gable Roof Gambrel Roof Flat Roof Mansard Roof Shed or Similar Style
Height
Walls or Fences: The
height of a wall or
fence is measured from
the lowest grade level
within three feet of
either side of the wall
or fence to the top of
the wall or fence ("A").
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Lot Area
The total horizontal
area included within lot
lines. Alternatively, "A"
multiplied by "B".
For non-uniform lots,
the distance measured
parallel to the front lot
line ("C") at the point
of the minimum
required front yard
setback ("A"). No
portion of the lot
between the front ("A")
and rear ("B") setback
lines may be less than
the minimum lot
width ("C").
For a pipestem/
panhandle cul-de-sac
parcel, the horizontal
distance ("C") between
the side lot lines
measured at the front
setback line ("A"). No
portion of the lot
between the front ("A")
and rear ("B") setback
lines may be less than
the minimum lot width
("C").
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Lot Width
The distance measured
parallel to the front lot
line at the point of the
minimum required
front yard setback
("A").
For a cul-de-sac parcel,
the horizontal distance
("A") between the side
lot lines measured at
the front setback line.
No portion of the lot
between the front and
rear setback lines may
be less than the
minimum lot width.
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Lot Types
Alley Lot. A lot abutting
an alley right-of-way
and that does not abut
any other street at any
point.
Corner Lot. A lot
abutting two streets at
their intersection.
Through or Double-
Frontage Lot. An
interior lot that fronts
on two streets that do
not intersect at the
boundaries of such a
lot. The required front
yard setback shall be
provided on both street
frontages.
Interior Lot. A lot
whose side lot lines
abut alley rights-of-way
or other lots instead
of non-alley public or
private rights-of-way.
Triple- / Multi-
frontage Lot. A lot
abutting more than
two non-alley street
rights-of-way.
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Setback,
Required
The horizontal distance
of a required private op
en area at grade
between the outer wall
of a building or
structure ("E") and the
adjoining property lines
("D"), or, in the case of
an abutting private
street, the back-of-
curb, unoccupied and
unobstructed by any
portion of a structure
from the ground
upward except as
allowed in this Zoning
Ordinance. The front
("C") and rear setback
("B") lines span the
entire width of the
property. The interior
side ("F") and street
side ("A") setback lines
extend from the
required front setback
line to the required
rear setback line.
Visibility
Triangle
Triangle Measurement: A triangular area that includes that portion of public right-of-way and any
private property adjacent to the intersection of any street established by measuring a distance of 25
feet (A and B, below) for Major Arterial, Minor Arterial, and Collector Street and 15 feet (A and B,
below) for a Local Street. The distance shall be measured from the point of the intersection of two
streets along the right-of-way of each of the intersecting streets and connecting the ends of each
measure distance to assure adequate visibility sight lines for vehicular traffic approaching the
intersection.
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Illustrative Only
Vertical Visibility at Triangles: Visual obstructions within visibility triangles, including vegetative
landscaping, shall be no greater in height than 30 inches above (A) the top of the adjacent curb or
centerline of the pavement (B) when allowed to grow to its maximum height unless approved by the
City Engineer.
Illustrative Only
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Table 2.41-1 Measurements
Measuremen
t Methodology Illustration
Frontage
Buildout
The minimum
percentage of the lot
width that must be
occupied by building
façade (B) within the
minimum and
maximum setback (A).
For example, a
property which is 100
feet wide with a
Frontage Buildout of
60% would require that
at least 60 feet of
façade length be
maintained within the
minimum and
maximum setback. Any
additional length of
front façade would be
allowed to step back
further from the
setback range, if
desired. The intent of
this requirement is to
encourage
development to
maximize its front
façade exposure along
the Street.
Sec. 2.42 Allowances
A.Generally. The provisions of this Section set forth special cases that warrant flexibility in the developmental
standards in this ULDC.
B.Lot Averaging. Lot averaging is a design technique that replaces minimum lot dimensions with an average lot
width and size for a subdivision. The lot area and width dimensions in Sec. 2.12, Zoning Districts and
Dimensional Standards, may be averages for each zoning district. In order to utilize lot averaging, all lots in
the proposed subdivision shall meet the following criteria:
1.Equal to or Greater. The average lot area and average lot width of the proposed subdivision shall be
equal to or greater than the individual lot area and lot width of the subdivision's proposed underlying
zoning district as specified in Sec. 2.12, Zoning Districts and Dimensional Standards.
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2.Greater than 90 Percent. No lot shall have a lot area or lot width that is less than 90 percent of the lot
area or lot width specified in Sec. 2.12, Zoning Districts and Dimensional Standards (see Figure 2.42-
1, Lot Averaging).
Figure 2.42-1, Lot Averaging
C.Alternative Setback Compliance. The provisions of this Subsection provide for flexibility from specifically
referenced portions of the ULDC that might in limited circumstances provide for requirements that are too
rigid. The front setback required for all districts in 2.12, Zoning Districts and Dimensional Standards, may be
reduced subject to the following standards.
1. If 50 percent or more of the lots on the same side of the block (not counting the applicant's lot) are
developed with buildings that are set back at distances that are less than the required front yard
setback, the front setback of the applicant's lot may be reduced to the average front setback of all of the
developed lots on the same side of the block (See Figure 2.42-2, Contextual Front Setback Reduction).
2. If the applicant's lot takes vehicular access from the front, the driveway shall be a minimum of 20 feet
long, measured from the property line to a building wall or garage door.
Figure 2.42-2, Contextual Front Setback Reduction
D.Setback Encroachments.
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1.Architectural Features. Except where a minimum side setback is less than five feet, cornices, canopies,
gutters, eaves or other architectural features may project into required setbacks a maximum of two and
one-half feet.
2.Balconies, Decks, and Porches. Unenclosed balconies, decks, and porches may project into a front or
rear setback a maximum of 10 feet but shall not be closer than 10 feet from the front property line,
except in the DTA and SJ districts. Refer to Sec. 2.24, Form District Standards, for special provisions for
balconies and other encroachments.
3.Bay Windows and Chimneys. Bay windows and chimneys may project into required setbacks a maximum
of two feet, provided that such features do not occupy, in the aggregate, more than one-third of the
length of the building wall on which they are located and provided they are set back a minimum of three
feet from all property lines.
4.Outdoor Seating. Outdoor seating associated with a Restaurants Use Category in Sec. 2.31, Consolidated
Use Table, may project a maximum of five feet into a required front setback, provided the space is at
grade, the seating does not obstruct an accessible pedestrian passage, and is separated from the right-
of-way by landscaping or a vertical barrier.
5.Building Setback Lines and Easements. Where building lines are established by restrictive covenant in a
recorded subdivision or where public easements are in excess of the setback requirements of the zoning
district, the easement or the platted building line controls.
6.Petroleum Pipeline Easements. Where a lot contains a petroleum pipeline easement, a building setback
line shall be established 25 feet from the centerline of the easement. If such pipeline easement exceeds
50 feet in width, the building setback line shall be established at the edge of the easement.
E.Building Coverage and Impervious Area.
1.Building Coverage. The square footage of structures that house permitted agricultural uses, as
established in the Agriculture and Animal Service Use Category definition in Subsec. 2.32-2, does not
count toward the maximum building coverage limitation.
2.Impervious Area Bonus. Properties that utilize a green roof or on-site water collection and micro-storage
via barrels, rain gardens, vegetated gardens, or reuse for irrigation purposes may increase the allowable
impervious area by up to 10 percent of the lot area.
3.Height. The following building elements and appurtenances may exceed the allowable height of the
applicable district by no more than 20 feet:
a. Belfries;
b. Chimneys;
c. Cooling towers;
d. Fire towers;
e.Flag poles;
f. Public monuments;
g. Ornamental towers and spires;
h. Roof gables;
i. Spires;
j. Stage towers or scenery lofts;
k. Tanks;
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l. Water towers; and
m. Vent Stacks.
ARTICLE 3 DEVELOPMENT STANDARDS
Contents:
Division 3.1 Purpose and Applicability
Division 3.2 Building and Site Design
Division 3.3 Parking, Loading, Stacking, and Access
Division 3.4 Tree Preservation, Landscaping, and Buffering
Division 3.5 Outdoor Lighting
Division 3.6 Signs
Division 3.7 Performance Standards
Division 3.1 Purpose and Applicability
Sec. 3.11 Purpose
A.Building Types and Design. The purpose of Division 3.2, Building and Site Design, is to address the quality
and sustainable design of residential, nonresidential and mixed-use buildings and building sites in order to:
1.Character. Preserve and enhance a community character that conveys a positive, lasting impression on
both residents and visitors;
2.Functionality. Provide buildings that are functional, safe, and attractive;
3.Public Realm. Establish the physical and functional relationships between buildings and the public realm;
and
4.Form. Prescribe the rules related to building massing, form, and design.
B.Parking, Loading, Stacking, and Access. The purpose of Division 3.3, Parking, Loading, Stacking, and Access,
is to:
1.Adequacy. Ensure that adequate off-street parking for vehicles and bicycles and facilities for loading and
stacking are provided for new land uses and changes in use;
2.Mitigation of Impacts of Development. Minimize the negative environmental and urban design impacts
that can result from excessive parking, driveways, and drive aisles within parking lots;
3.Economic and Environmental Costs. Facilitate economic development and efficiency by providing
applicants with cost-saving opportunities through the reduction of required parking spaces,
encouragement of efficient land use, minimization of construction expenses, and fostering business
growth while maintaining the overall functionality of the urban environment and encouraging
pedestrian-friendly character where appropriate.
4.Safety. Establish standards and regulations for safe and well-designed vehicle use areas that minimize
conflicts between pedestrians and vehicles; and
5.Reductions. Offer flexible means of minimizing the amount of area devoted to vehicle parking by
allowing reductions in the number of required spaces in context-sensitive locations.
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C.Trees, Landscaping, and Buffering. The purpose of Division 3.4, Tree Preservation, Landscaping, and
Buffering, is to establish standards to:
1.Balance Between Ecology and Aesthetics. Promote the value and benefit of landscaping as a means of
protecting and preserving the appearance and character of the City, while recognizing the need to
utilize water and other resources as efficiently as possible;
2.Mitigation of Impacts of Development. Remove, reduce, lessen, or mitigate the impacts between
differing uses of abutting zoning districts including noise, dust, debris, artificial light intrusions, and
other impacts of an abutting or nearby use;
3.Natural Resource Protection and Stormwater Mitigation. Preserve the ecological function of sensitive
natural resources, including contributing to the process of air purification, lessening the urban heat
island effect that comes with an abundance of paved surfaces, groundwater recharge, control of
stormwater runoff, energy conservation, promotion of low-impact development designs and best
management practices to reduce the risk of flooding, and restoration of pre-development hydrologic
conditions on development sites without solely using traditional storm drainage conveyance systems;
and
4.Quality of Life. Promote the health and quality of life of the residents of the City through the protection
of trees, the planting of new trees, and the provision of landscaping for development.
D.Outdoor Lighting. The purpose of Division 3.5, Outdoor Lighting, is to:
1.Reduce Glare. Minimize glare and light trespass, particularly onto residential lots and public rights-of-
way;
2.Reduce Skyglow. Minimize skyglow;
3.Improve Safety. Provide a safe and secure nighttime environment together with safe access into
buildings; and
4.Promote Architectural Accents. Enhance historic or notable features, buildings, or architectural
elements.
E.Signs. The purpose of Division 3.6, Signs, is to regulate the location, size, construction, duration, use, and
maintenance of all signs within the City of Baytown and its extraterritorial jurisdiction on a content-neutral
basis. The general objectives of these standards are to balance the rights of individuals to convey their
messages through the lawful use of signs with the rights of the public to be protected from potential harm,
to promote the health, safety, and welfare of the general public, and to aid in achieving the following goals:
1.Safety. To promote the safety of persons and property by providing that signs do not:
a. Create a hazard due to collapse, fire, decay, and/or abandonment;
b. Obstruct firefighting or police observation; or,
c. Create traffic hazards by confusing or distracting pedestrians, motorists, or cyclists.
2.Provide Information. To promote the efficient transfer of information through the effective use of signs,
with messages that:
a. Afford priority to the conveyance of public safety messages;
b. Allow businesses and services to identify themselves to the public;
c. Allow potential customers to locate a business or service; and
d. Ensure that the right to free speech is preserved.
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3.Environmental Preservation and Aesthetics. To protect the public welfare and to preserve and enhance
the appearance and economic value of the built environment, by providing that signs:
a. Do not interfere with any scenic views;
b. Do not create visual clutter to persons using the public rights-of-way;
c. Do not create a nuisance to occupants or customers of adjacent property by the way of sign size,
height, brightness or materials; and
d. Do not have a detrimental effect on land or property values.
4.Police Powers. The provisions of this chapter are intended to be an exercise of the City’s police powers
to promote and protect the public health, safety, and general welfare within the framework of
constitutional freedoms of speech and expression, as protected by the First Amendment to the United
States Constitution and Article 1, Section 8 of the Texas Constitution. All regulations in this article are to
be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights
of persons to speak freely.
F.Performance Standards. The purpose of Division 3.7, Performance Standards, is to protect the health, safety
and welfare of the citizens of the city by regulating potential nuisance features associated with certain land
uses.
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Sec. 3.12 Applicability
A.Generally. The standards of this Article apply to new development, redevelopment, and expansions of uses,
sites, and buildings, as shown in Table 3.12-1, Building and Site Design Applicability.
B.Timing of Compliance. No permanent Certificate of Occupancy shall be issued until all site improvements
required in this Article are constructed in conformance with the approved permit or plan required in Article
7, Development Review Procedures.
Table 3.12-1
Building and Site Design Applicability
Sections of this Article
Division 3.2,
Building and
Site Design
Division 3.3,
Parking,
Loading,
Stacking, and
Access
Division 3.4,
Tree
Preservation,
Landscaping,
and Buffering
Division 3.5,
Outdoor
Lighting
Division
3.6,
Signs
Division 3.7,
Performance
Standards
Type of Development
X = Division Applies
New residential,
nonresidential, or mixed-use
development or change in use
from residential to
nonresidential or mixed-use
X X X X X X
Increase in apartment units,
manufactured home stands,
GFA, or impervious surface by
50 percent or
more cumulatively over a 3-
year period
X X X X X X
Increase in apartment units,
manufactured home stands,
GFA, or impervious surface by
25 to 49 percent cumulatively
over a 3-year period
X X X1 X X
Change in use
requiring additional parking,
loading, or stacking
spaces (for uses with parking
minimums)
X X1 X X X
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Table 3.12-1
Building and Site Design Applicability
Increase in apartment units,
manufactured home stands,
GFA, or impervious surface by
less than 25
percent cumulatively over a 3-
year period
X X X1
Construction of a new sign or
structural modification of an
existing sign
X X X X
TABLE NOTES:
1Only the portion of the site where the expansion is located is subject to Division 3.4.
Division 3.2 Building and Site Design
Sec. 3.21 General Provisions
A.Compliance Required. The standards of this Division set out design standards for elements that are used on
multiple building types. All single-unit detached, single-unit attached, duplex, townhouse, multiplex,
apartment, nonresidential, and mixed-use buildings shall conform to the standards contained in this
Division.
B.Unified Design. Principal and accessory structures shall be developed pursuant to a unified site and building
design scheme, including use of common design elements, building and roof design, signs, landscaping and
hardscaping, and site access and circulation. The intent of this provision is to ensure the general consistency
and compatibility of the site and architectural design.
C.Location in Right-of-Way. The permitted location of a building on a property shall be determined by the
building placement standards specified in 2.21, Residential District Dimensional Standards, 2.22, Mixed-Use
District Dimensional Standards, and 2.23, Nonresidential District Dimensional Standards and in no case shall a
principal or accessory building encroach into the public right-of-way.
D.Sidewalks. Sidewalks in conformance with Chapter 18, Buildings and Building Regulations, and Chapter 122,
Streets and Sidewalks, of the Code of Ordinances shall be installed from property line to property line at the
expense of the property owner in all adjacent rights-of-way prior to the issuance of a Certificate of
Occupancy or completion for a new residential buildings and new commercial buildings. The Planning
Director may waive this requirement in the LI and HI zones where it can be demonstrated that there are no
material negative impacts associated with not connecting to the sidewalk network.
E.Mechanical Equipment. Mechanical equipment shall not be located in between the front wall plane and the
public right-of-way. Mechanical equipment may be allowed in the street side setback if screened from view
of the public right-of-way.
Sec. 3.22 Single-Unit Dwelling and Duplex Development
A.Generally. This Section establishes design standards for single-unit and duplex dwelling development to
ensure proper scale and compatibility; transitions in bulk, scale, and density; and building design qualities
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that integrate well with surrounding development and satisfy community expectations. These standards
supplement those set out in Sec. 2.21, Residential District Dimensional Standards.
B.Applicability. Any single-unit or duplex development shall comply with the requirements of this Section.
C.Enhanced Building Form and Design.
1.360-Degree Architecture. No particular architectural style is mandated. However, the architectural style
of the front facade shall be expressed on all four sides of the building.
2.Building Orientation.
a. Primary entrances shall face a public right-of-way to the maximum extent practicable.
b. The Administrator may approve alternative orientations for primary entrances facing common
green spaces or other common areas such as courtyards, plazas, and gathering spaces. The
placement of a principal dwelling in a perpendicular or sideways orientation on an interior lot is
prohibited (See Figure 3.22-1 Building Placement).
Figure 3.22-1
Building Placement
3.Architectural Design. The architectural design of single-unit detached homes shall create visual variety
and contrast among and between neighboring structures while drawing from unifying architectural
vocabulary and design pallet. All buildings shall contain architectural details that promote good design,
which shall include a minimum of three of the following:
a. Variations on roof shapes and pitches;
b. Variations on window and door treatments and placements;
c. Alternating projections and recesses (such as bay and box windows and garage positioning and
orientation);
d. Variations on entryway treatments such as a stoop or porch;
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e. Contrasting building materials;
f. Differentiations of sized roof overhangs and window openings and groupings;
g. Change of setback or building plane; or
h. Other equivalent design features approved by the Planning Director.
4.Garage Door Orientation. Garage doors on a single-unit attached or detached, or duplex dwellings shall
be oriented in one of the manners depicted in Table 3.22-1, Garage Orientation.
Table 3.22-1
Garage Orientation
Garage
Type Standards Illustrative Examples
Front-
Loaded
Garage
Garage doors shall be oriented to the
street and shall not be placed beyond the
front wall plane of the residence. Garage
doors must be positioned between 5 and
20 feet behind the front wall plane of the
house, extending no more than 40% of
the width of the house.
Garage with greater differentiation from front wall plane
Side-
Loaded
Garage
Garage doors oriented perpendicular to
the front wall plane have no restrictions
on door width or recessed position. Any
wall of the garage must be located at
least 3 feet behind the front wall plane of
the house.
Detache
d Garage
A detached garage, which may be loaded
from the front, side, or rear, shall be
placed so that the front of the garage is
behind the rear wall of the residence.
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Table 3.22-1
Garage Orientation
Garage
Type Standards Illustrative Examples
Front-
Loaded
Garage
Garage doors shall be oriented to the
street and shall not be placed beyond the
front wall plane of the residence. Garage
doors must be positioned between 5 and
20 feet behind the front wall plane of the
house, extending no more than 40% of
the width of the house.
Garage with greater differentiation from front wall plane
Side-
Loaded
Garage
Garage doors oriented perpendicular to
the front wall plane have no restrictions
on door width or recessed position. Any
wall of the garage must be located at
least 3 feet behind the front wall plane of
the house.
Detache
d Garage
A detached garage, which may be loaded
from the front, side, or rear, shall be
placed so that the front of the garage is
behind the rear wall of the residence.
5.Windows. Front-facing windows shall be provided with trim or shall be recessed. The windows shall not
be flush with exterior wall treatment and shall be provided with an architectural surround at the jamb.
6.Roofs. Roofs shall have a minimum pitch of 4:12.
D.Duplex Building Facades. The building wall of a duplex facing the primary street shall be designed to create
visual interest and minimize monotony:
1. The front elevation of a duplex facade shall incorporate vertical details to distinguish the units from one
another and create visual interest. Vertical details and articulation may include an offset in the building
wall location, a change in materials, or a detailed line.
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2. The front elevation of a duplex shall incorporate horizontal details to create visual interest. In some
cases, horizontal details may assist in distinguishing the units from one another. Horizontal details may
include wall off-sets, changes in material or horizontal lines that add detail to the elevation.
E.Residential Accessory Structures.
1.Two Acres or Smaller. For a tract of land two acres or smaller:
a. The sum of all barns and stables shall not exceed the gross square footage of the primary structure
on the same lot; and
b. The sum of all other residential accessory structures shall not exceed 75 percent of the gross
square footage of the primary structure on the same lot.
2.Two Acres or Larger. For a tract of land larger than two acres:
a. The sum of all barns and stables may exceed the gross square footage of the primary structure on
the same lot; and
b. The sum of all other residential accessory structures shall not exceed the gross square footage of
the primary structure on the same lot.
Sec. 3.23 Multiplexes and Apartments
A.Generally. This Section establishes design standards for multiplexes and apartments to ensure proper scale
and compatibility; transitions in bulk, scale, and density; and building design qualities that integrate well with
surrounding development and satisfy community expectations. These standards supplement those set out in
Sec. 2.21, Residential District Dimensional Standards.
B.Applicability. Any residential building designed for three or more units either for rental or condo ownership
shall comply with this Section.
C.Enhanced Building Form and Design.
1.360-Degree Architecture. No particular architectural style is mandated. However, the architectural style
of the front facade shall be expressed on all four sides of the building.
2.Building Orientation.
a. Adjacent to Public Streets. Every front façade with a primary entrance to a dwelling unit(s) shall
face the adjacent public street to the maximum extent possible. Every building containing three or
more dwelling units shall have at least one building entry or doorway facing each adjacent public
street.
b. Interior Property Lines. Along interior property lines, apartment building types shall be oriented in
a more perpendicular direction to adjacent lower-density residential uses or zoning districts, or
adjacent commercial or industrial uses or zoning districts. When parallel orientation is necessary,
building setback from the adjacent use or district boundary shall be increased by at least 50
percent.
c. Observation onto Public Areas. Primary structures shall be located and designed so that residents
can easily observe the common open spaces, circulation paths and access points into the
development.
d. Courtyards. An apartment building type may be oriented to a common use courtyard. When an
inner courtyard is proposed, the courtyard providing access to double-row dwelling groups shall be
a minimum of a 1:1 ratio with the building height or a minimum of 20 feet in width, if the building
is lower than 20 feet in height.
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3.Entrances.
a. Pedestrian entry to the site from the fronting street shall be emphasized through landscaping,
special paving, gateways, arbors, and/or other similar features.
b. Primary building entrances and entrances facing a street shall be covered with a canopy, awning, or
similar weather protection.
c. Apartment building types with common entries shall provide one zero-step entrance to each
building from an accessible path at the front, side, or rear of each building.
4.Building Articulation. All buildings shall contain architectural details that promote good design (see
Figure 3.23-1, Illustrative Application of Building Design Standards for Multiplexes and
Apartments) which shall include:
a.Building frontages greater than 75 feet in length along a street or public right-of-way, including
corner lots, shall have a minimum of three of the following:
i. Dormers;
ii. Gables;
iii. Recessed or covered porch entries;
iv. Cupolas or towers;
v. Pillars, posts, or columns;
vi. Balconies;
vii.Eaves (minimum 12-inch projections);
viii. Overhanging eaves with exposed rafters;
ix. Off-sets in building face or roof (minimum 16 inches);
x. Decorative patterns on exterior finishes (e.g. scales/shingles, wainscotting, ornamentation,
and similar features);
xi. Other distinctive features to interrupt the length of the building façade as approved by the
Planning Director.
b. Front and street sides of buildings visible from the public right-of-way shall include changes in relief
such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15 percent of all
exterior wall area.
5.Stairwells.
a. Stairs and stair wells that provide primary access to units on upper floors shall be covered and fully
integrated into the principal and secondary building façades.
b. Long, linear, and/or hidden stairways or corridors shall be avoided.
c. Stairwells and access to stairwells shall be covered to protect from inclement weather.
d. All stairwells may extend from the footprint of the building a maximum of 3 ft. and shall be
incorporated into the design of the facade using consistent and compatible materials and design.
6.False door or window openings. Use of false door or window opening shall be defined by frames,
sills, and lintels.
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Figure 3.23-1
Illustrative Application of Building Design Standards for Multiplexes and Apartments
FIGURE NOTES:
A = Breaking up building form for a larger multiplex
B = Breaking up roof form to avoid it appearing monolithic
C = Vertical articulation, such as a wall offset, to break up a large building
D = Horizontal articulation, such as an expression line, to break up a large building
E = Stairs providing access to upper floors shall be covered
F = Balcony and railing materials may be different than materials used on exterior walls
D.Site Design.
1.Setback Plane.
a. Buildings located on parcels that are adjacent to ER and SR districts shall either:
i. Have a maximum height of 40 feet; or
ii. Be constructed in conformance with the requirements of the setback plane as depicted
in Figure 3.23-2, Setback Plane.
b. The setback plane requires that the building may be increased beyond 40 feet in height if the
setback nearest the adjoining ER or SR district is increased one foot for each one foot of height
above the maximum permitted height. For example, a multiplex or apartment may be 50 feet in
height if that portion of the building is setback an additional 10 feet beyond what would normally
be required.
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Figure 3.23-2
Setback Plane
FIGURE NOTES:
A = ER or SR district | B = Property line | C = 40-foot tall apartment | D = Apartment with increased height and
setback that complies with the setback plane
1.Garages. Garages shall be accessed only from an alley or via a driveway leading to a detached garage or
parking area in the rear yard. Garage doors are not permitted on the front elevation. Garage buildings
shall be consistent in architecture, materials, and color to the principal buildings.
2.Private Driving Aisle System. Developments shall provide limited access private driving aisles that shall:
c. Include sidewalks on a least one side that are at least five feet wide and a planting strip between
the driveway and sidewalk at least five feet wide that includes street trees at 30 feet on center;
d. Provide vehicular and pedestrian access to all parking areas and on-site amenities; and
e. Connect to the public sidewalk system in the public right-of-way.
3.Outdoor Recreation Space.
a. Each development shall provide at least 100 square feet of outdoor recreation space per dwelling
unit that is intended to serve the entire development. Open space in the required setbacks
cannot be counted.
b. Outdoor recreation space shall be turf area at least 3,000 square foot in size with maximum slopes
of three percent.
c. Two perimeter shade trees is required for each 1,000 square foot of outdoor recreation space.
Sec. 3.24 Mixed-Use and Nonresidential
A.Generally. This Section establishes design standards for mixed-use and nonresidential; to ensure proper
scale and compatibility; transitions in bulk, scale, and density; and building design qualities that integrate
well with surrounding development and satisfy community expectations. These standards supplement those
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set out in 2.22, Mixed-Use Neighborhood District Dimensional Standards, and 2.23, Nonresidential District
Dimensional Standards.
B.Applicability. Any mixed-use or nonresidential building shall comply with this Section.
C.Form-Based Provisions. Mixed-use and nonresidential buildings in the Downtown Arts District and San
Jacinto District are subject to additional standards in 2.24-3 and 2.24-4, respectively.
D.Enhanced Building Form and Design. The following standards apply only to all building façades that face a
street or public right-of-way and to each whole story that is completely or partially within 40 feet in height as
measured from the finished floor elevation:
1.Building Orientation. Buildings shall generally be parallel to the street they front unless an alternate
orientation is consistent with existing adjacent development.
2.Primary Entrance. The primary entrances of buildings shall be oriented:
a. Towards a street along the perimeter of the development or towards a public space, if located
adjacent to the proposed project; or
b. Towards streets in the interior of the development if none of the building's facades has frontage on
a public street; or
c. As approved by the Planning Director or the Planning and Zoning Commission during site
development plan review.
3.Siding. Building facade siding of any type shall not occupy more than 35 percent of any elevation facing
a public right-of-way.
4.Building Articulation and Relief. The following shall apply to building facades visible from a public right-
of-way.
a. Buildings over 25 feet in height shall utilize elements such as massing, windows, canopies, and
articulated roof forms to create a visually distinct building base, middle, and top (see Figure 3.24-1,
Horizontal Articulation);
b. Buildings over 40 feet in length shall incorporate at least three of the following elements each 40
horizontal feet of the building facade:
i. Use of columns or vertical piers;
ii. Variation in building material; siding style; or color;
iii. Provide projections, recessions, or facade reveals that include but are not limited to,
columns, pilasters, cornices, and bays with a variation of wall plane at a minimum depth of
12 inches;
iv. Roof overhangs above the entrance;
v. Entry recesses/projections;
vi. Arcades that are physically integrated with the entrance;
vii. Raised corniced parapets above the entrance;
viii. Gabled roof forms or arches above the entrance;
ix. Outdoor plaza adjacent to the entrance having seating and a minimum depth of 20 feet;
x. Display windows that are directly adjacent to the entrance;
xi. Architectural details, such as tile work and moldings, that are integrated into the building
structure and design and are above and/or directly adjacent to the entrance;
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xii. Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing
wall is a wall secondary in scale projecting from a primary wall and not having a roof; or
xiii. Other methods as approved by the Planning Director.
Figure 3.24-1 Horizontal Articulation
Figure Notes: The above figure provides illustrative examples of building articulation and architectural style to ensure quality design:
1. Visually distinct base, middle, and top;
2. Street-level transparency;
3. Building articulation through step-backs or facade modulations;
4. Building articulation through avoidance of blank walls;
5. Building articulation through roofline variation;
6. Quality and durable building materials;
7. Use of awnings or canopies.
D.Site Design.
1.Sidewalk to Entrance Connection. A pedestrian connection from the primary building entrance to the
public sidewalk system shall be provided using an all-weather surface. Such connection shall be
demarcated with pavers, paint, or other method acceptable to the Planning Director.
2.Detention and Retention Facilities. Detention and retention facilities shall be setback at least 30 feet
from all public rights-of-way and shall be screened from view from public streets by a natural Type A
bufferyard as set forth in Table 3.18-2, District Bufferyard Type Specifications and Illustrations.
Detention and retention facilities may encroach into the required 30-foot setback if they are designed
and maintained as a landscaped feature. Detention and retention facilities must be separated from all
adjacent uses by an opaque screen.
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3.Commercial Waste Enclosures. Commercial waste enclosures shall be incorporated into the overall
design of the building and landscape so that their visual impact is fully contained and out of view from
adjacent properties and public rights-of-way. Commercial waste enclosures shall be:
a. Subject to the screening standards established in 3.45 (E), Commercial Waste Enclosure Screening;
b. Located in the rear or side yard;
c. Subject to setback standards described in 2.22, Mixed Use District Dimensional Standards and 2.23,
Nonresidential District Dimensional Standards;
d. Placed a minimum distance of 20 feet from any public right-of-way, public sidewalk, or property
line that abuts a residential zoning district or any residential use;
e. Constructed of any one or more of the following materials and include an opaque gate:
vii. Redwood;
viii. Rough cedar;
ix. Pressure-treated lumber;
x.Brick;
xi. Concrete;
xii. Masonry; or
xiii. Metal and plastic are prohibited materials for any visible exterior wall of the commercial
waste enclosure, except for the required opaque gate; and other equivalent materials
approved by the Planning Director.
f. A minimum height of the greater of:
i. Six feet; or
ii. One foot taller than the waste container; provided that the maximum height shall not exceed
ten feet in height.
E.Landscape. The standards for landscaping are set forth in Division 3.4, Tree Preservation, Landscaping, and
Buffering, of this ULDC.
Division 3.3 Parking, Loading, Stacking, and Access
Sec. 3.31 General Provisions
A.Generally. A site shall comply with the minimum and maximum parking spaces, where required, based on
Table 3.32-1, Minimum and Maximum Vehicle Parking Spaces, for permitted, limited, and special uses in
Sec. 2.31, Consolidated Use Table. In addition, off-street loading, and stacking shall be provided, located, and
designed in accordance with the standards of this Section.
B.Applicability.
1.New Uses and Development. Unless otherwise expressly stated, the parking standards of this division
apply to all new buildings constructed and all new uses established in all zoning districts.
2.Change of use. When an existing or previously existing use fails to provide the number of off-street
parking spaces required under this ULDC and a new use is proposed the existing parking (deficit) may be
continued. When the number of parking spaces required for the new use exceeds the number of spaces
required for the use that most recently occupied the property, additional spaces are required only to
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make up the difference between the number of spaces required for the previous use and the number of
spaces required for the new use, based on the regulations of this zoning ordinance.
3.Enlargements and Expansions.
a. Unless otherwise expressly stated, the regulations of this division apply whenever an existing
building or use is enlarged or expanded to include additional dwelling units, floor area, seating
capacity, employees or other units of measurement used for establishing off-street parking
requirements.
b. In the case of enlargements or expansions that trigger requirements for additional parking,
additional spaces are required only to serve the enlarged or expanded area, not the entire building
or use. In other words, there is no requirement to address lawfully existing parking space deficits.
C.Maneuvering Space.
1.Prohibited.
a. In order to park, load, unload, or stack, no vehicle use area (VUA) shall require a vehicle to
maneuver into a public right-of-way except in the case of a single- or two-family dwelling unit or
where vehicular access is from an alley.
b. In addition, no VUA shall:
i. Hinder the free movement of pedestrians and vehicles over a sidewalk or street; or
ii. Overhang or encroach into a public right-of-way, including a sidewalk or into a walkway on
private property, except where an encroachment permit is granted; or
iii. Overhang or encroach an adjacent property under separate ownership except where an
easement, shared driveway, or private street as described in Article 4, Subdivision Design, is
in place.
2.Dimensions. Parking, loading, and stacking space dimensions are exclusive of access drives or aisles. All
such spaces shall have a vertical clearance of at least seven feet.
D.Lighting and Noise. The following standards shall apply to all VUAs:
1. Lighting shall comply with Division 3.5, Outdoor Lighting.
2. An area used for primary circulation, frequent idling of vehicle engines, or loading activity shall be
designed and located to minimize the effects of noise, pollution, and vehicle lights on an adjoining
property.
E.Location. Except as permitted in Sec. 3.35, Parking Credits and Reductions, a VUA required by this Division
shall be located on the same property as the building, use, or structure it serves and it shall be located
behind any required bufferyard as set out in Division 3.4, Tree Preservation, Landscaping, and Buffering.
F.Associated Building, Use, or Structure. VUAs shall be maintained as long as the associated building, use, or
structure is in use or operation. No person shall utilize such building, use, or structure without providing the
VUAs required in this Article. It shall be unlawful to discontinue, reduce, or remove the required VUAs apart
from the discontinuance, removal, or reduction of the building, use, or structure that requires the VUA.
G.Calculations.
1.Fractions. If the final calculated number of required parking, loading, or stacking spaces includes a
fractional space, the number of required spaces shall be increased to the next whole number if the
fraction is five-tenths or more, and when the fraction is less than five-tenths, the next lower whole
number shall apply.
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2.Variables for Calculating Required Spaces. The variables used for calculating spaces are measured as
shown in Table 3.31-1, Parking, Loading, and Stacking Variable Meanings.
Table 3.31-1,
Parking, Loading, and Stacking Variable Meanings
Variable The number of required spaces is calculated based on the number of:
Per Dwelling Unit Dwelling units on the subject property.
Per Campsite Spaces available for a recreational vehicle to connect to utilities provided at the
recreational vehicle park.
Per Bedroom Bedrooms in the facility instead of the number of bed or some other measure.
Per Gross Floor Area Gross floor area of the establishment, which measurement is described in Sec. 2.41,
Measurements.
Per Employee Employees during the shift in which the maximum number of employees is present.
Per Seat
Seats affixed to the floor that are provided to guests (patrons, members, etc.), with
benches or pews measured as one seat per two feet of width. Space requirements
for uses with unaffixed seats shall be based on the seating capacity permitted by the
Fire Code and approved by the Fire Marshal’s office.
Per Student Students or enrollees that the facility is permitted to have according to the
appropriate licensing agency, if applicable.
3.Multiple Nonresidential Uses. If several nonresidential uses occupy a single parcel or building, the
parking requirements shall be calculated separately for each use within the development, or as set out
in Sec. 3.35, Parking Credits and Reductions, whichever results in a lesser number of required spaces.
H.Surfacing and Drainage. All VUAs shall be graded, surfaced, and maintained so that water does not
accumulate, flow, or drain onto abutting public or private property. The surfacing of VUAs shall consist of
asphalt, concrete, or other all-weather surface approved by the City Engineer.
I.Dedication of Spaces. Off-street parking, loading, and stacking spaces shall not be used interchangeably to
meet one another's requirements nor shall their placement interfere with one another's use.
J.Insufficient VUAs. The Planning Director may require a landowner to provide additional VUA even if the
number of spaces provided meets the minimum requirement for the established use, if vehicles are
consistently required to park or unload on the street (where on-street parking is prohibited) or on other
properties due to a lack of usable VUA.
Sec. 3.32 Required Off-Street Parking
A.Applicability.
1. This Section applies to all uses and structures in all zoning districts, except as provided below.
2. Uses within the DTA zoning district shall be exempt from the minimum or maximum off-street parking
requirements of this section. Any parking spaces provided shall comply with all other site development
standards in this Division. DTA and SJ have specific standards for parking locations.
B.Residential Parking. Parking spaces for Household Living use types or specified building types that are
located in private garages, carports, or individual driveways do not have to be marked. An area on a private
residential lot is considered a parking space if:
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1.Dimensions. The area is at least 10 feet wide and 20 feet deep in dimension and is not part of an access
drive to a private garage or carport;
2.Encroachment. The area does not encroach upon a public sidewalk;
3.Surface. The area has an improved hard surface as required in Sec. 3.33 (B), Surfacing and Drainage;
and
4.Access. The area is accessible from the street or alley.
C.Minimum and Maximum Spaces. Off-street parking spaces must be provided for the uses listed in Table
3.32-1, Minimum and Maximum Parking, below. The uses must provide the minimum number of off-street
parking spaces, if applicable, and parking spaces may not exceed the maximum number of spaces.
D.Multiple Activities. Except as otherwise provided, where multiple activities associated with a single-use take
place on-site, the required parking shall include a combination of the site's activities. For example, a truck
stop is required to provide parking based on applicable retail sales area, car wash, overnight
accommodations, and any other applicable activities.
Table 3.32-1,
Minimum and Maximum Parking Requirements
DU = dwelling unit SF = square feet GFA = Gross Floor Area -- = No minimum or no maximum, as
applicable
Use Category Subtype Minimum
Spaces Maximum Spaces
Agricultural and Animal Services
Kennel --1 per 1000 SF GFA
Veterinary Clinic or
Veterinary Hospital --1 per 500 SF retail area
Greenhouse
or Nursery (Retail)--1 per 500 SF retail area
Stable (Public or
Commercial)--1 per horse boarded
Agricultural and
Animal Services
All Other Agricultural
and Animal Service
Uses
----
Residential
Household
Living
Cottage Court
Development 1 per DU
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Table 3.32-1,
Minimum and Maximum Parking Requirements
DU = dwelling unit SF = square feet GFA = Gross Floor Area -- = No minimum or no maximum, as
applicable
Use Category Subtype Minimum
Spaces Maximum Spaces
Dwelling, Apartment
Studio: 0.5
per DU
1
bedroom:
1 per DU
2
bedrooms:
1.5 per DU
3
bedrooms:
2 per DU
Dwelling, Single-Unit
Attached 1 per DU --
Dwelling, Single-Unit
Detached 1 per DU --
Dwelling, Duplex 0.5 per DU
Dwelling, Townhouse 0.5 per DU
Dwelling, Multiplex 0.5 per DU
Dwelling, Live/Work 1 per DU
Manufactured Home
Park 1 per DU
Upper-Story
Residential 1 per DU 1.5 per DU
Assisted Living Facility
0.3 per
unit + 0.75
per
employee
1 per unit + 1 per employee
Boardinghouse 1 per
bedroom 1 per bedroom
Group Home for
Substitute Care or
Group Home for the
Disabled
--2 per DU
Group Living
Nursing Home 1 per 2
beds 1 per 6 beds
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Table 3.32-1,
Minimum and Maximum Parking Requirements
DU = dwelling unit SF = square feet GFA = Gross Floor Area -- = No minimum or no maximum, as
applicable
Use Category Subtype Minimum
Spaces Maximum Spaces
Group Living (Other
than Listed)2 per DU 2 per DU
Accessory Dwelling
Unit 1 per DU 1 per DUResidential
Accessory Uses1
Residential Accessory
Use (Other than
Listed)
----
Public and Institutional
Club or Lodge --1 per 200 SF GFA
Funeral Services --1 per 200 SF of assembly areas
Place of Public
Assembly --1 per 4 seats
Senior, Community, or
Youth Center --1 per 300 SF GFA
Community
Facility
All Other Community
Facility Uses 1 per 500 SF GFA
Adult Day Care --1.75 per employee
Day Care Child Day Care Center
or Pre-School --1.75 per employee
College or University -- 1 per 400 SF office, research, and library area; plus 1 per
300 SF assembly areas and classrooms
Vocational and Trade
School --1 per 250 SF GFA
School, Private, Public,
or Denominational --
1 per classroom (Primary);
1 per employee + 1 per 5 students (Secondary) or 1 per
10 seats in the auditorium or main assembly room,
whichever is greatest.
Educational
Facilities
All Other Educational
Facilities Uses --1 per 400 SF GFA
Government
Facilities
All Government
Facilities Uses ----
Hospital --1 per 4 patient bedsMedical
Facilities Medical or Dental
Office or Clinic --1 per 200 SF GFA
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Table 3.32-1,
Minimum and Maximum Parking Requirements
DU = dwelling unit SF = square feet GFA = Gross Floor Area -- = No minimum or no maximum, as
applicable
Use Category Subtype Minimum
Spaces Maximum Spaces
Parks and Open
Areas
All Parks and Open
Areas Uses ----
Passenger
Terminal
All Passenger Terminal
Uses Special Study, refer to Sec. 3.32.E, below
Social Service All Social Service Special Study, refer to Sec. 3.32.E, below
Utilities All Utilities Uses ----
Commercial and Office
Banking or Credit
Union --1 per 200 SF GFAOffice
All Other Office --1 per 300 SF GFA
Archery/Firearms
Range --1 per 3 bays or 1 per 300 SF firing area if no bays
Bowling Center --3 per lane
Fitness Gym --1 per 400 SF GFA
Movie or Other
Theater --1 per 4 seats
Entertainment,
Indoor
All Other
Entertainment, Indoor --1 per 250 SF GFA
Amphitheater --1 per 4 seats or 1 per 50 SF if no permanent seats
Campground without
Overnight
Accommodations
--1 per campsite
Golf Course --3 per hole
Golf Driving Range --1 per tee box
Mini-Golf Course --1 per 250 SF outdoor entertainment area plus 1 per 150
SF GFA
Stadium, Running
Track, or Ball Field --1 per 6 seats or 1 per 50 SF if no permanent seats
Entertainment,
Outdoor
All Other
Entertainment,
Outdoor
--1 per 1,000 SF outdoor entertainment area
Overnight
Accommodations
Bed and Breakfast Inn --
1 per guest room + 1 per 1 person (based on maximum
design occupancy) for accessory meeting space and
catered functions
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Table 3.32-1,
Minimum and Maximum Parking Requirements
DU = dwelling unit SF = square feet GFA = Gross Floor Area -- = No minimum or no maximum, as
applicable
Use Category Subtype Minimum
Spaces Maximum Spaces
All Other Overnight
Accommodations --1 per guest room
Parking,
Commercial All Uses ----
Catering Establishment --1 per employee or 1 per 1,500 SF GFA, whichever is less
Food Delivery --1 per employee
Microbrewery,
Microdistillery, or
Microwinery
--Indoor tasting/seating area: 1 per 100 SF GFA;
Outdoor tasting/seating area: 1 per 200 SF GFA
Restaurant, Drive-In or
Drive-Through --1 per 250 SF GFA
Restaurants
All Other Restaurant --Indoor seating area: 1 per 100 SF GFA; Outdoor seating
area: 1 per 200 SF GFA
Retail Repair,
Sales,
and Service
All Uses --1 per 250 SF GFA
Self-Service
Storage All Uses --1 per 10 storage stalls
Car Wash --1 per employee
Truck Sales, Service,
Rental and Repair --1 per 1,000 SF sales and service building(s)
Vehicle Fueling Station --1 per 200 SF GFA
Vehicle Service and
Repair --1 per 300 SF GFA + 1 per employee
Vehicle Sales and
Service
All Other Vehicle Sales
and Service --1 per 500 SF sales and service building(s)
Industrial
Heavy Industrial All Heavy Industrial
Uses --1 per employee or 1 per 1,500 SF GFA, whichever is less
Light Industrial All Light Industrial
Uses --1 per employee or 1 per 1,500 SF GFA, whichever is less
Resource
Extraction All Uses Special Study, refer to Sec. 3.32.E, below
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Table 3.32-1,
Minimum and Maximum Parking Requirements
DU = dwelling unit SF = square feet GFA = Gross Floor Area -- = No minimum or no maximum, as
applicable
Use Category Subtype Minimum
Spaces Maximum Spaces
Warehousing
and Freight
Movement
All Uses --1 per 2,000 SF GFA
Waste-Related All Uses --1 per employee + 1 per 15,000 SF of outdoor storage or
salvage area
Wholesale
Trade All Uses --1 per 1,000 SF GFA
Notes:
1 In addition to the required and maximum for the primary use.
E.Special Studies.
1.Generally.
a. Some of the uses listed in Table 3.32-1, Minimum and Maximum Parking, have widely varying
parking demand characteristics. Accordingly, their parking requirements are listed as "Special
Study." Required parking for these uses are established according to the standards of this Section.
b. Special studies may also be submitted to support a request to reduce the number of required
parking spaces to less than that set out in Table 3.32-1, due to the nature of the operations and/or
location of a proposed use. The special study must include and support all requested reductions in
parking. Further parking credits and reductions that are otherwise available pursuant to
3.35, Parking Credits and Reductions, may not be applied when parking reductions are granted
pursuant to this Section, unless the reductions are supported by the special study.
2.Special Study Requirements.
a. A special study must be conducted by a qualified transportation planner or traffic engineer at the
applicant's expense.
b. The special study must provide:
i. A peak parking analysis of at least five functionally comparable uses; and
ii. Documentation regarding the comparability of the referenced uses, including: name,
function, location, gross floor area, parking availability, access to transportation network
(including vehicular, bicycle, pedestrian, and transit), use restrictions, and other factors that
could affect the parking demand.
3.Approval of Special Study.
a. The Planning Director may rely upon the special study or may request additional information or
analysis, including, but not limited to: alternative or new data points, or consideration of additional
or alternative factors related to comparability or peak demand, as supported by sound engineering
principles.
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b. As a condition of approval of a special study, the Planning Director may require that land be
reserved as an undeveloped area for additional future parking if there is a demonstrably high
probability the use could change, resulting in a higher demand for parking.
F.Unlisted Uses. Upon receiving a development application for a use not specifically addressed in this Division,
the Planning Director shall apply the off-street parking standard specified for the use that the Planning
Director deems most similar to the proposed use according to 2.38, New and Unlisted Uses, or require that
the applicant provide a special study according to Subsection E, Special Studies, above.
Sec. 3.33 Parking Lot and Parking Space Design
A.Design and Construction Requirements.
1.Tandem Parking. Each parking space shall be accessible from a street or alley through aisles and/or
driveways, except that tandem parking arrangements are permitted for single-unit, duplex, and
manufactured home uses or as allowed based on an approved parking study as described in
Sec. 3.35, Parking Credits and Reductions.
2.Dead-End Aisles. Dead-end aisles are not permitted unless adequate turnarounds usable by a two-
axle vehicle are provided.
3.Marking. All parking spaces for nonresidential and mixed-uses shall be clearly marked on the pavement
with white traffic paint or raised pavement markers approved by the City Engineer.
4.Parking Space Orientation. Parking areas shall be designed to minimize headlights shining into
residential properties.
5.Parking Module Dimensions. Parking spaces, excluding required accessible spaces, shall meet the
minimum dimensional standards provided in Table 3.33-1, Single Row Parking Space Dimensions, and
Table 3.33-2, Double Row Parking Space Requirements
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Table 3.33-1,
Single Row Parking Space Dimensions
Dimensions
(C)
Driving
Aisle
Width
(D)
Total Mod
ule
Size
(row +
aisle)
Numbe
r of
Rows
and
Space
Angle
(A)
Parking
Space
Width
(B)
Parking
Row
Depth
One
Way
Two
Way
One
Way
Two
Way
Illustration
0°
(Parallel
Parking)
22 ft.10 ft.12
ft.
18
ft.
33
ft.
42
ft.
45°
(Diagonal
Parking)
10 ft.18 ft.13
ft.
20
ft.
33
ft.
41
ft.
60°
(Diagonal
Parking)
10 ft.18 ft.14
ft.--36
ft.--
90°
(Head-In
Parking)
10 ft.18 ft.--25 ft
.--44
ft.
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Table 3.33-2,
Double Row Parking Space Dimensions
Dimensions
(C)
Driving
Aisle
Width
(D)
Total Mod
ule
Size
(row +
aisle)
Numbe
r of
Rows
and
Space
Angle
(A)
Parking
Space
Width
(B)
Parking
Row
Depth
One
Way
Two
Way
One
Way
Two
Way
Illustration
0°
(Parallel
Parking)
22 ft.10 ft.12
ft.
24
ft.
30
ft.
42
ft.
45°
(Diagonal
Parking)
10 ft.21.1 ft.12
ft.
20
ft.
54.2
ft.
62.2
ft.
60°
(Diagonal
Parking)
10 ft.22.3 ft.14
ft.--58.6
ft.--
90°
(Head-In
Parking)
10 ft.20 ft.--24
ft.--64
ft.
B.Surface and Drainage. All vehicular use areas shall be subject to the following standards with the exception
of agricultural uses:
1.Grading and Drainage. All vehicular use areas shall be properly graded and drained so as to dispose of
all surface water accumulated within the area of the parking lot.
2.Drainage Easement. In no instance shall a storm drainage facility be designed to allow the flow of water
into abutting property without an approved easement.
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3.Paving Materials. All vehicular use areas shall be surfaced with a pavement of concrete or asphaltic
concrete of sufficient depth to meet the standard engineering practice or designed to City Standard
Detail for the design of pavements for the anticipated traffic load, and shall be so graded and drained to
meet the requirements of this ULDC for the disposal of all surface water accumulated within the areas,
and shall be so arranged and marked as to provide for orderly and safe loading, unloading, parking, and
storage of motor vehicles. No vehicular use areas may use gravel as a paving material for parking
purposes.
4.Alternative Paving Materials. The City Engineer may approve alternative paving materials for parking
areas if the City Engineer determines that the alternative, compared to the permitted materials, is
substantially equal to or better in quality and durability.
5.Exemptions. The following uses may be exempt from the asphaltic or concrete surface material
requirements if the Planning Director or City Engineer determines that the peculiar nature of said use
and site-specific factors would justify a modification of these surface material requirements:
a. Temporary commercial or industrial uses;
b. Off-street vehicular use areas in commercial and industrial districts providing for the temporary
storage or parking of truck trailers and other vehicles not including employee or customer vehicles;
or
c. Residential driveways.
C.Setback. No part of any parking area shall be closer than five feet to any established street right-of-way,
alley, or property line. Where a parking area of a non-residential use or district adjoins any residential use or
district, it shall be screened in accordance with the standard of 3.43, Bufferyard Landscaping.
D.Pedestrian Pathways. Plans for the design of parking lots exceeding 50 parking spaces must include the
following for pedestrian circulation and connectivity:
1.Delineation. A clearly delineated pedestrian pathway extending from the primary building entrance(s) to
the outer perimeter(s) of the parking lot;
2.Width. A minimum passable width of six feet, with a 10-foot clear area to accommodate bumper
overhang;
3.Connectivity. Connection to adjacent public street sidewalks and those of abutting or adjacent land uses;
4.Lighting. Pedestrian-scale lighting; and
5.Safety. Pavement markings, crosswalks, and signage to alert motorists of pedestrian crossings.
Sec. 3.34 Accessible Parking (ADA)
A.Number of Required Spaces. Parking for disabled persons shall be provided as set out in Table 3.34-1,
Accessible Parking Requirements, or as required by the Americans with Disabilities Act (ADA) Standards for
Accessible Design and ADA Accessibility Guidelines for Buildings and Facilities published by the United States
Access Board. A lack of parking minimum requirements for uses identified in Sec. 3.32, Required Off-Street
Parking, shall not exempt an owner or applicant from meeting state or federal requirements for meeting the
standards of this Section. If any of the standards within this Section and the United States Access Board are in
conflict, then whichever requires more spaces shall be used. The following table shall be used to determine
the minimum number of accessible parking spaces to be provided for persons with disabilities.
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Table 3.34-1,
Accessible Parking Requirements
Total Parking Spaces in Lot
or Garage
Minimum Number of Accessible
Parking Spaces
Minimum Number of Van-Accessible
Parking Spaces
1 to 25 1 1
26 to 50 2 1
51 to 75 3 1
76 to 100 4 1
101 to 150 5 1
151 to 200 6 1
201 to 300 7 2
301 to 400 8 2
401 to 500 9 2
501 to 1000 2 percent of total parking provided
in each lot or structure 1 out of 6 accessible spaces, rounded up
1001 and over 20 plus 1 for each 100 over 1000 1 out of 6 accessible spaces, rounded up
B.Parking Space Size Specifications. Figure 3.34-1, ADA Parking Space Dimensions, details the specific size
requirements for both standard automobile and van-accessible ADA-accessible parking spaces.
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Figure 3.34-1,
ADA Parking Space Dimensions
Sec. 3.35 Parking Credits and Reductions
A.Generally. This Section sets out several ways to reduce or receive credit for the number of required off-street
parking spaces that must be provided according to Sec. 3.32, Required Off-Street Parking.
B.Administrative Credits and Reductions. The Planning Director may approve the following parking credit and
reduction options for a property. If such administrative reductions are proposed in a legislative review
application the presence of such reductions shall have no bearing on the recommendation or final decision of
the administrative review bodies involved. The administrative credit and reduction options are cumulative if
more than one is used on a property.
1.On-Street Parking Credit.
a.On-street parking spaces may provide credit
to satisfy the minimum parking space requirements for residential uses as established in Sec. 3.32,
Required Off-Street Parking, on streets designed for on-street
parking. The use of on-street parking spaces to satisfy minimum parking
requirements in no way guarantees the use of such parking spaces to residents, employees, or
visitors of the subject property.
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b. On-street spaces shall be located on a public or private street, shall be available to the general
public, and directly abutting the subject property.
c. Bus stops, clear zones adjacent to curb cuts, and other areas in which parking is prohibited shall not
be
included in the calculation of available on-street parking spaces.
d. An on-street parking space shall be a minimum of 20 feet in length. A minimum of 16 linear feet of
an on-street parking space shall be directly adjacent to the subject property in order to be counted
as a parking space.
2.Off-Site Parking Credit. Off-site parking spaces may provide credit to satisfy the minimum parking space
requirements in any residential or mixed-use zoning district subject to the following:
a. The parking lot complies with all applicable requirements of this ULDC.
b. The parking lot is wholly within a residential or mixed-use zoning district; and
c. The off-site parking lot is within 300 feet of the subject property, measured from the nearest
property lines.
C.Legislative Credits and Reductions.
1.Planning and Zoning Commission. The Planning and Zoning Commission may approve a reduction in the
number of required parking spaces if the applicant demonstrates that a reduction is appropriate based
on the applicant providing a parking study with specific parking demand forecasts for the proposed use
and/or on the provision of alternative parking or transportation demand management programs that
tend to reduce the demand for parking spaces, provided that:
a. The study is prepared by a professional transportation planner or traffic engineer;
b. The forecasts are based upon a peak parking analysis of at least five comparable uses; and
c. The comparability of the uses is documented in detail, including their location, gross floor area,
street access, use types and restrictions, hours of operation, peak parking demand periods, and all
other factors that could affect parking demand.
2.Transportation Professional. The Planning Director may retain a qualified transportation planner or
traffic engineer, at the applicant's expense, to review the parking demand forecast and provide
recommendations to the Planning and Zoning Commission.
3.Reserve. The balance of the land necessary to meet the parking requirements shall be held in reserve as
an undeveloped area, to meet any future needs generated by an expansion of the business, a change in
land use, or underestimated parking demand.
Sec. 3.36 Off-Street Loading
A.Generally. This Section establishes the requirements for off-street loading spaces in connection with any
nonresidential; or mixed-use building, structure, or use that is to be erected or substantially altered to
provide adequate space for off-street loading, unloading, staging, and the maneuvering of shipping and
delivery vehicles in the MUN, GC, FC, LI, and HI zoning districts.
B.Minimum Number of Off-Street Loading Spaces Required. Off-street loading facilities shall be provided in
accordance with the requirements in Table 3.36-1, Minimum Off-Street Loading Spaces Required. Minimum
parking requirements for trucks and vehicles not performing shipping and delivery shall not apply.
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Table 3.36-1
Minimum Off-Street Loading Spaces Required
Use Groupings1 Gross Floor Area in
Square Feet
Number of
Required
Loading
Spaces
Number of
Required Short-
Term Parking
Spaces2
Less than 5,000 0 0
5,001–25,000 1 0
25,001–100,000 2 1
100,001 - 150,000 3 1Industrial
Over 150,001 4 + 1 per
100,000 SF
1 per 2 loading
spaces
Less than 10,000 0 0
10,001–100,000 1 0
100,001–200,000 2 0Commercial and Office, Public and Institutional
Over 200,001 3 + 1 per
100,000 SF.1
All Other Use Groupings N/A N/A N/A
Table Notes:N/A = Not Applicable
1. Refer to overall groupings of the uses in the Use Table in Sec. 2.31, Consolidated Use
Table (for example, Agricultural, Residential, etc).
2. See 3.36.D.4, Short-Term Parking Spaces, below, for standards on standards.
C.Mixed-Use Developments. Where mixed-use developments may be adequately and conveniently served by a
common loading area, the Planning Director may approve a reduction in spaces required in Table 3.36-1,
Minimum Off-Street Loading Spaces Required. For this purpose, the minimum number of required spaces
shall be based on the Use Category having the greatest number of resulting spaces.
D.Design. To minimize impacts, off-street loading spaces and areas shall comply with the following standards:
1.Location. All off-street loading spaces shall be located on the same lot as the principal use served and
shall comply with the following standards:
a. No loading spaces shall be oriented toward any adjacent residential zoning districts or uses;
b. No loading spaces shall be located in front yard or street-side yard setbacks;
c. No loading spaces shall be located within the minimum required side or rear setback; and
d. No loading spaces shall be located within 40 feet of the nearest point of intersection of any two
streets with no loading dock visible from a thoroughfare or collector street right of way.
2.Access.
a. Generally. An appropriate means of access to a street shall be provided.
b. Alley Access. When the lot upon which loading areas are located abuts upon an alley, such loading
areas may have access from the alley.
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3.Loading Space Dimensions. Off-street loading space shall be designed in accordance with the minimum
requirements in Table 3.36-2, Minimum Loading Space Dimensions.
Table 3.36-2
Minimum Loading Space Dimensions
Largest Type of Truck
Intended
Minimum
Width
Minimum
Depth
Minimum Vertical
Clearance
Tractor-Trailer 12 ft. 80 ft. 15 ft.
Single-Unit Truck (3 axles) 12 ft. 25 ft. 15 ft.
Pickup truck or van 9 ft. 18 ft. 15 ft.
3.Surface. All off-street loading spaces shall be improved with a hard-surfaced, all-weather dustless
material.
4.Short-term Parking Spaces.
a. Purpose. Short-term parking spaces shall only serve to provide parking for required Hours of
Service (HOS) established in part 395 of title 49 of the Code of Federal Regulations (CFR) to prevent
driver fatigue and improve road safety.
b. Generally. All off-street truck parking shall be designated and maintained and available for parking
before or after a scheduled delivery or pickup.
c. Dimensions. Each parking space for tractor-trailer trucks shall be designed to accommodate
a minimum width of 12 feet and length of 80 feet.
d. Exceptions. The Director may authorize a reduction of parking associated with loading areas with
one of the following options:
i. Propose fewer spaces based on projected data according to a parking study or study at
similar developments during peak periods of use; or
ii. Share parking spaces for trucks between adjacent operations based on a consolidated
parking area for truck staging and parking serving all uses.
5.Maneuvering.
a. All areas designed for maneuvering shall be located entirely on the lot being served and be located
outside the required buffer areas outlined in this section, paved area setbacks, and public rights-of-
way.
b. No maneuvering or loading areas shall be designed or used such that commercial vehicles shall not
back into a public street or alley.
c. There shall be at least one driveway approach capable of accommodating a 48-foot wheel track
turning radius and at least one on-site maneuvering area which provides a 48-foot wheel track
turning radius through the parking area shall be provided for each industrial site. At a minimum,
the turning radii to accommodate maneuvering space for loading shall be designed based on the
minimum guidelines established in the latest AASHTO edition of A Policy on Geometric Design of
Highways and Streets.
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6.Lighting and Noise. Any lighting used to illuminate off-street loading or unloading areas shall comply
with the requirements of Division 3.5, Outdoor Lighting, and the noise limitations established in Article
VII, Noise, of the City's Code of Ordinances.
7.Buffering. Docks and loading spaces shall be located behind buildings and screened from view
from abutting properties and public right-of-way. Truck access and loading areas that are located
between a principal building and a residential property shall comply with the following additional
standards:
a. Use of Enclosed Loading. The loading area shall be enclosed by a roof or a wall between the
principal building and the property boundary line (as depicted in Figure 3.36-1, Illustrative Example
of Enclosed Loading, below). The walls of the enclosure shall be tall enough to completely screen
the delivery vehicle and shall be designed and constructed with architectural elements such as
windows, awnings, or other features that complement the exterior of the principal building. The
portion of the bufferyard between the enclosed loading and the property line may be reduced by
one level of opacity with the remainder of the bufferyard being the opacity level required by Table
3.43-1, Bufferyard Types, for the applicable zoning district; or
b. Absence of Enclosed Loading. The loading area shall be screened along its length by a district
bufferyard that has one additional level of opacity (for example, from a Type B bufferyard to a Type
C bufferyard) than required by Table 3.43-1 and, additionally, the loading area shall contain an
eight-foot-tall masonry wall that is designed and constructed with the same primary exterior finish
materials of the principal building.
Figure 3.36-1
Illustrative Example of Enclosed Loading
Figure Notes: Loading area as illustrated in yellow area (A), above, demonstrates the walled or enclosed loading area with architectural
elements such as windows, awnings or other features complementary to the principal building.
E.Outdoor Storage. For the purposes of this Section, each two square feet of exterior area used for outdoor
storage shall be considered equivalent to one square foot of enclosed gross floor area.
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Sec. 3.37 Vehicle Stacking Areas
A.Generally. Driveway stacking areas are used to queue vehicles off-street prior to exiting a property, minimize
congestion, and increase safety.
B.Minimum Number of Stacking Spaces Required. Stacking spaces shall be provided in accordance with the
requirements established in Table 3.37, Stacking Requirements.
Table 3.37-1
Stacking Requirements
Activity Minimum Spaces Measured From
Automated teller machine (ATM)3 ATM keypad
Bank teller lane 3 Teller window or pneumatic tube station
Carwash stall, automatic 3
Carwash stall, self-service 2 Entrance to wash bay
Day care drop-off (between 7 to 11 children or
adults) 3
Day care drop-off (11 or more children or adults)
3 plus 1 per every
500 square feet of
heated floor area
Facility passenger loading area
School, primary or secondary (public or private)Determined by Planning Director
Fuel pump island 1 Each end of the outermost pump island
Parking lot, controlled entrance 4 Key code box
Pharmacy, drive-through 3 First drive-through window
4 Order box
4 Order box to first windowRestaurant, drive-through (or functionally
similar use)1,2,3
2 First window to second window
Vehicle servicing 2 Entrance to stall
Other Determined by Planning Director
TABLE NOTE:
1. If one window is provided (for both payment and pick-up), then six stacking spaces are required measured at the order box and five
stacking spaces are required between the order box and the window.
2. If one window is provided (for ordering, payment, and pickup), then four stacking spaces are required measured at the order
box/pick-up window. 3.3.
3. An example of stacking for a drive-through restaurant is illustrated in Figure 3.37-1, Drive-Through Restaurant Stacking
Illustration.4.
C.Vehicle Stacking Space and Area Design Standards.
1.Bypass Lane. Stacking lanes shall be designed with an abutting bypass lane that meets the minimum
width in Table 3.37-2, Vehicle Stacking Dimensions, A 10-foot by-pass lane is required adjacent to the
stacking lane to allow vehicles to circumvent the drive-through lane.
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2.Circulation and Marking. Stacking lanes shall be clearly marked and shall not interfere with on-site or
off-site traffic circulation.
3.Turn-Around Area. Controlled or gated entrances shall be designed so that vehicles may turn around
without backing out into the public right-of-way.
4.Blocking Prohibited. Stacking areas shall be designed to avoid, if reasonably possible, and otherwise
minimize, the blocking of access to driveways or parking areas.
5.Not Permitted in ROW. Stacking spaces for drive-through facilities shall not encroach on or interfere
with the
public use of streets and sidewalks by vehicles or pedestrians.
6.Stacking Space Dimensions. Vehicle stacking spaces shall meet the minimum dimensional standards
provided in Table 3.37-2, Vehicle Stacking Dimensions.
Table 3.37-2 Vehicle Stacking Dimensions
Space Width Space Length Bypass Lane Width
8 ft.20 ft. 10 ft.
D.Drive Through Restaurant. Figure 3.37-1, Drive-Through Restaurant Stacking Illustration, provides an
illustration of a restaurant use with a drive-through.
Unified Land Development Code
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Figure 3.37-1
Illustrative Stacking Requirements
Figure Notes: A = Order Box | B = First Window | C = Second Window D = Public Right-of-Way
Sec. 3.38 Parking Access and Circulation
A.Off-Street Parking Access. All off-street parking shall have direct access to a public right-of-way through
an alley, driveway, or permanent access easement.
B.Street Classification. Access to developed property shall be placed along a street in conformance with the
type listed for the subject zoning district in Article 2, Zoning Districts and Dimensions, unless otherwise stated
in this Section.
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C.Campus Developments. All building sites and/or buildings in a development within the BP district shall be
accessed on interior public or private streets, not collectors or arterials, except for the primary entrance to
the development.
D.Vehicle Circulation.
1.Vehicles Spaces. Except for a conventional detached home, garden home, or duplex, or where valet or
tandem parking is utilized, all required parking shall be designed so that vehicles enter or leave a parking
space without having to move any other vehicle.
2.Turn-Arounds. Any parking row that does not provide two means of vehicular egress must provide a
space designated as a turn-around area. This space shall be located at the end of a parking row, be
designed with the minimum dimensions as shown in Figure 3.38-1, Vehicle Parking Turnaround
Configuration, or another configuration deemed acceptable by the City Engineer, and include a “No
Parking” sign.
Figure 3.38-1, Vehicle Parking Turnaround Configuration
Figure Notes:
A = 24 ft.
E.Cross-Access. Cross-access for vehicle circulation shall be provided between abutting nonresidential
developments, in accordance with Sec. 4.25, Easements.
F.Emergency Access. The applicant shall provide emergency access lanes where necessary to provide adequate
protection for a structure.
1.Dimensions. Dimensions for emergency access lanes and turnarounds, including width and clearance,
shall comply with the requirements of the Fire Code. Any emergency access lane shall either connect at
each end to a dedicated public street or be provided with a turnaround established in the Fire
Code, with an additional distance of 10 feet on all sides clear of permanent structures. The driving
surface within emergency access lanes shall be designed and constructed according to standards
established for local public streets.
2.Structure Location. All structures shall be located within 150 feet of an emergency access lane or public
street.
3.Gate Design.
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a.Approval. The construction plans of the design of an emergency access gate must be submitted to
and approved by the Chief of the Fire Department as well as the City Engineer.
b.Access. All restricted access entrances in commercial or industrial developments or in private
subdivision developments must provide at all times a means for access by City employees
discharging their responsibilities, providing any municipal services, or enforcing any of the rules
and regulations contained in this ULDC or the City Code as well as by all personnel of other
governmental entities charged with enforcing laws, rules, or regulations or providing services
within the City into the subdivision in accordance with this Division. If the corporation,
homeowners' or property owners' association, or other legal entity responsible for maintaining the
private streets fails to maintain reliable access as required to provide the City services, the City may
enter the subdivision and remove any gate or device which constitutes a barrier to access at the
sole expense of the corporation, association, or other legal entity responsible for maintaining the
same. The corporation, association, or other legal entity responsible for maintaining the streets in
need of repair shall be responsible for the costs associated with the removal of any and all gates
from a private subdivision together with all maintenance expenses to bring the street in
compliance with this Division. Such costs must be paid within 30 days after receipt of the bill.
c.Location and Specifications. All plans for installation of gates shall be approved by the Building
Official and the Chief of the Fire Department prior to any construction. Gates shall be set back at
least 45 feet from any public way to allow fire apparatus to park completely off the street while
gaining access. The minimum clear opening for any gate shall be equal to the minimum width of
the fire lane or fire apparatus access road. The minimum clear opening must remain unobstructed
at all times. A minimum centerline turning radius on either side of the gate shall be 35 feet. Gates
shall be equipped with an automatic reversing system in the event the gate strikes an object while
opening or closing. There shall be neither exposed gears nor overhead electrical wiring in any gate
system. Electric gates shall be equipped with a single key, city-approved emergency access system
designed to open and lock open both the entry and exit gates. The key switch shall be installed in a
location approved by the fire department. In addition, a system key controlled "fail safe"
mechanism shall be installed to allow the gate to be manually opened in the event of a power or
mechanical failure. All fittings for system padlocks shall have a minimum one-half inch diameter
hole. The city-approved control access system shall be operational and pass inspections of both the
chief building official as well as the chief of the fire department before the gate may be placed in
operation. Secondary emergency access gates shall be equipped with city-approved emergency
access system padlocks and shall be unobstructed at all times. These gates shall be equipped with a
positive mechanical latch to lock them in the open position. All fire lane widths, turning radiuses,
set back and turnaround requirements of this ULDC will apply to the portion of the private street
where the gate is installed.
Sec. 3.39 Bicycle Parking
A.Applicability.
1.Outside of the MUN, DTA, and SJ Districts. Bicycle parking is required for new development,
redevelopment, or substantial improvement of land for which there are at least 50 vehicle parking
spaces required.
2.MUN, DTA, and SJ Districts. Short-term bicycle parking shall be required for properties that have surface
or structured parking with 15 or more parking spaces. Long-term bicycle parking shall be provided for all
Unified Land Development Code
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mixed-use buildings that have 50 or more dwelling units, at a rate of one long-term bicycle parking
space per each 10 dwelling units.
B.Exemptions. Uses that are exempt from the provisions of this Subsection include:
1.Low-Density Uses. Agricultural and single-unit detached and attached dwellings as set out in Sec. 2.31,
Consolidated Use Table; and
2.Small Land Uses. Buildings with less than 5,000 square feet of gross floor area.
3.DTA District. Properties in the DTA district are exempt from the standards of this Subsection where a
minimum of six short-term bicycle parking spaces are present on the same block.
C.Number of Spaces.
1.Mixed-Use or Non-Residential Development Outside of MUN, DTA, and SJ Districts Districts.
Development shall provide one short-term bicycle parking space per each 20 vehicle parking spaces.
2.MUN, DTA, and SJ Districts. Development shall provide one short-term bicycle parking space per each 10
vehicle parking spaces, plus one long-term bicycle parking space per each 10 dwelling units.
3.Multi-Unit Development. One long-term bicycle parking space shall be provided per each 25 dwelling
units in association with an apartment complex or the residential element of a mixed-use development.
4.Rounding. If the final calculated number of bicycle parking spaces includes a fractional space, then the
number of required bicycle spaces is rounded up to the nearest whole number.
D.Design Standards.
1.Anchored. Bicycle parking shall be designed so that racks are securely anchored to a hard surface to
prevent easy removal.
2.Location. Short-term bicycle parking is ideally covered from weather and at least 50 percent of the
required spaces shall be located within 50 feet of the main entrance to a building. Secured indoor
spaces shall provide room and accessibility for bicycles to satisfy long-term parking requirements.
3.Multi-Tenant Sites and Centers. Sites that have more than one principal building shall provide racks
within 50 feet of the main entrance of each building.
4.Spatial Dimensions and Clearance.
a. Area. A bicycle parking space shall be a minimum of six feet long and two feet wide.
b. Minimum Wall or Object Clearance. There shall be a minimum space of 24 inches between a wall or
solid object and the bicycle rack.
c. Minimum Space Between Racks. There shall be a minimum space of 36 inches between bicycle
racks.
5.Accessibility. Bicycle parking facilities shall not interfere with accessible paths of travel or parking as
required by the Americans with Disabilities Act (ADA).
6.Public Right-of-Way. The City Engineer may permit bike racks to be installed in the public right-of-way.
Business operators or property owners who choose to install bicycle parking within the public right-of-
way are responsible for maintaining the racks.
7.Signage. When not clearly visible, signage of one square foot in size is required to safely direct cyclists to
bicycle parking areas.
8.Design Guidelines. All bicycle parking spaces shall be constructed in accordance with the latest version
of the Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines.
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Division 3.4 Tree Preservation, Landscaping, and Buffering
Sec. 3.41 General Provisions
A.Run with Land. All landscaping requirements under this article shall run with the land and shall apply against
any owner or subsequent owner.
B.Phases. Each phase of a phased project shall comply with the requirements of this Division. If the
development is to be construed in phases, phase lines shall be drawn 20 feet or more from developed site
elements (parking, buildings, ponds, etc.). The portion of the land remaining for subsequent phases shall be
no less than three-fourths of an acre.
C.Landscaping Types. Table 3.41-1, Required Landscaping Types Summary, establishes the landscaping types
required in each zoning district. Figure 3.41-1, Illustrative Landscape Types, depicts the conceptual location
of these types on a typical site.
Table 3.41-1,
Required Landscaping Type Summary
Development Landscaping
Land Uses and Zoning Districts Foundation
Plantings
Parking Lot
Landscaping1
Site
Landscaping
Bufferyard
♦ = Landscaping Type Required | -- = Landscaping Type Not Required
All uses in the ER district --------
Household Living Uses Except
for Apartment (Outside of DTA and San Jacinto
Districts)
------♦
Apartment and Nonresidential or Mixed-Use
(Outside of DTA and San Jacinto Districts)♦♦♦♦
Permitted Uses in DTA and San Jacinto Districts Refer to Sec. 2.24-3 or 2.24-4
Industrial uses in the HI zoning district ------♦
TABLE NOTE:
1. Only applies to parking lots of 5,000 square feet or more.
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Figure 3.41-1,
Illustrative Landscaping Types
D.Deferred Installation. If weather conditions do not permit planting, installation of required landscaping may
be delayed until the start of the next growing season. In such cases, the Building Official is authorized to issue
a temporary Certificate of Occupancy for a period of up to eight months. Required landscaping shall be in
place prior to the expiration of the temporary Certificate of Occupancy. A permanent Certificate
of Occupancy may be issued once required landscaping is in place.
E.Approved, Allowed, and Prohibited Plants.
1.Approved Plant List. All required plantings, replacement plantings, or trees that are eligible for tree
preservation credit shall be selected from the Plant List in Appendix A of this ULDC.
2.Approved Plant Materials. Only plants from the Plant List count towards the landscape requirements of
this Division. The Planning Director may add plants to the Approved Plant List if the applicant
demonstrates that the species is not on any of the following lists:
a. The Texas State Noxious Weed List, U.S. Department of Agriculture; or
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b. The Prohibited Plant List in Appendix A.
3.Prohibited Plants. Plant species that are listed as prohibited in the Plant List are not allowed and may
not be requested for addition to the Approved Plant List.
F.Protection of Planting Areas. All required planting areas shall be protected by wheel stops, six-inch curbs, or
similar structures. Curbs may be punctuated to allow for storm water flows into biological treatment areas,
as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with
their protective function.
G.Irrigation. In order to provide reasonable assurance that all required plants will thrive, an adequate
automatic irrigation system shall be installed. Manual watering is permitted if all parts of the landscape
improvements are within 100 feet of one or more hose bibs, and if the required landscaped area does not
exceed 1,500 square feet.
H.Distance from Utilities. As measured from the nearest easement line of such utilities:
1.Overhead Lines. No large trees shall be planted under or within 10 lateral feet of any overhead utility
lines.
2.Underground Lines. No large trees shall be planted within five lateral feet of any underground water or
wastewater line.
3.Substitution. Refer to Subsection N, Plant Substitutions, for the number of small trees the shall be
planted in lieu of a large tree.
I.Existing Landscaping and Vegetation. Every effort shall be made to incorporate existing, healthy, mature
trees and shrubs into the landscape design. Existing trees and other plants in reasonably healthy condition
may be removed only if the owner or developer has satisfactorily demonstrated to the Planning Director that
site development constraints necessitate their removal. An evaluation of the existing landscaping proposed
to be removed is required. New development shall follow the requirements outlined in 3.44, Tree
Preservation.
J.Installation and Maintenance.
1.Nursery Stock. Trees and shrubs planted pursuant to this Division shall be good, healthy nursery stock.
2.Owners Responsible for Installation. Property owners are responsible for installing landscape
materials required by this Division in accordance with standard practices of horticultural professionals.
3.Tree Measurement. Trees to be removed or preserved shall be measured by diameter at breast
height and trees to be planted shall be measured by caliper or gallon.
4.Continual Maintenance. Maintenance of landscaping shall include continuous removal of
weeds, mowing, trimming, edging, cultivation, reseeding, plant replacement, appropriate
fertilization, spraying, control of pests, insects, and rodents by nontoxic methods whenever
possible, watering, and other operations necessary to assure normal, healthy plant growth.
5.Free of Trash, Litter, and Weeds. Landscaped areas shall be kept free of trash, litter, weeds, and other
such materials that are not a part of the landscaping.
6.Replacement of Damaged or Dead Vegetation. Any damaged or dead trees, shrubs, or ground cover
shall be removed and replaced within six months, or by the next planting period, whichever comes first,
by plant material similar in type to that which was removed.
7.Minimum Size of Plants at Installation. Reuqired plantings shall be of the sizes set out in Table 3.41-2,
Minimum Size of Plants at Installation.
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Table 3.41-2,
Minimum Size of Plants at Installation
Type of Plant Material Minimum Size at Installation
Large Tree 3 in. caliper
Small Tree 2.5 in. caliper
Evergreen Tree 6 ft. in height
Shrub 5-gallon container
K.Credit for Existing Plants, Fences, and Walls.
1.Generally. Existing plants, fences, and walls may be counted towards the requirements of this Division
provided that:
a. The plants, fences, and walls comply with the standards of this Division (including being a species
on the Approved Plant List);
b. The plants are in good health;
c. The applicant attests and the Planning Director verifies that the fences or walls are structurally
sound, in good repair, and of an upright condition;
d. The height and level of screening of the fence or wall meets the intent of this Division with regard
to buffering; and
e. The applicant records an agreement with the City that includes appropriate assurances that if the
existing fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will repair
or replace it with a fence or wall that meets the bufferyard standards of this Division.
2.Existing Landscaping Credit. Credit shall be given for existing trees according to the standards of
Subsection Sec. 3.44, Tree Preservation.
L.Landscape Plan. Prior to the issuance of a Building Permit on any property to which this Division applies, a
Landscape Plan shall be required. If the required landscaping is part of a development subject to Sec. 7.32,
Site Development Plan, the landscape plan shall be a part of the Site Development Plan.
M.Design of Walls. All plans and details for masonry walls that are part of a required buffer shall be designed
and sealed by a licensed professional engineer, and shall be approved by the City Engineer.
N.Interior Parking Lot and Foundation Landscaping as Civic and Open Space. If a development exceeds the
minimum standards for parking lot landscaping, as required in Sec. 3.42, Development Landscaping, then the
excess landscaping may count toward the civic and open space standards established in Article 2, Zoning
Districts and Dimensional Standards.
O.Plant Substitutions. The following substitution of tree planting requirements are permitted:
1.Large Trees.
a. One large tree may take the place of 10 required shrubs.
b. One large tree may take the place of two required small trees.
2.Small Trees.
a. One small tree may take the place of 5 required shrubs.
b. Three small trees make take the place of one required large tree.
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3.Grasses. Three ornamental grasses may take the place of 1 required shrub.
P.Alternative Compliance.
1.Generally. This Division is not intended to discourage innovative and aesthetically pleasing
landscaping. Therefore, an applicant may submit an Alternative Compliance Landscape Plan if it meets
the requirements of this Subsection and the design features uphold the purpose statements and the
intent for this Division.
2.Applicability Conditions. A site is eligible for an Alternative Compliance Landscape Plan if site constraints
prohibit strict compliance with the requirements set forth in this Division in a minimum of one of the
following manners:
a. The subject property is peculiarly shaped, through no action of the owner or previous owner, or
contains extensive undeveloped area;
b. The subject property has space limitations as a result of the locations of existing structures, paved
areas, surrounding existing development, and other built features; or
c. The subject property contains unique natural features such as soil characteristics, topography,
geological characteristics, water features, and significant existing vegetation.
3.Criteria. When considering approving an Alternative Compliance Landscaping Plan, the Planning Director
shall use the following criteria:
a. The subject property meets at least one of the applicability conditions above;
b. The Alternative Compliance Landscape Plan upholds the purpose statements for this Division
established in Sec. Division 1.1, Purpose;
c. The design of the Alternative Compliance Landscape Plan is equal to or better than that of a
conventional Landscape Plan meeting the standards of this Division; and
d. Financial hardship is not justification for alternative compliance.
4.Final Decision. The Planning Director may approve the Alternative Compliance Landscape Plan if all the
criteria in Paragraph 3, above, are met. Decisions on Alternative Compliance Landscape Plans may be
appealed to the Board of Adjustment in accordance with Sec. 7.53, Appeal of Administrative Decision.
Q.Replacement of Dead Landscaping. All persons subject to this Division 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 Planning Director. Failure to replace landscaping as required by this section shall
constitute a violation of this ULDC punishable as provided in Article 9, Enforcement, Violations, and
Penalties.
Sec. 3.42 Development Landscaping
A.Foundation Plantings. Developments required to include foundation plantings, as denoted in Table 3.41-1,
Required Landscaping Types Summary, shall provide such plantings according to the standards below.
1.Location. Foundation planting areas, as illustrated in Figure 3.42-1, Foundation Plantings, below, shall be
adjacent to the base of the building, for a minimum of 66 percent of linear feet along the front,
corner, and side facades and the average width as set out in Table 3.42-1, Foundation Planting
Requirements. Where planting areas are required, they may be crossed with walkways to
provide access to the building.
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2.Number of Plantings. A minimum of one small or evergreen tree and five shrubs shall be planted within
the foundation planting areas that face the front and exterior side setbacks per every 50 linear
feet, measured parallel to the building.
3.Groundcover. The remaining portions of the planting area shall be planted with groundcover or consist
of rocks or decorative pavers.
Table 3.42-1,
Foundation Planting Requirements
Average Planting Area Radius Around Building (feet) Zoning District Front and Corner Side Rear1
ER, SR, MR, UR, AR, MUN, NC3 10 10 6
GC, FC, LI, HI2 6 4 4
TABLE NOTE:
1. Rear foundation plantings are required only if the rear of the building is visible from a residentially zoned or used property.
2. Applies to permitted non-industrial uses only.
3. In the MUN and NC districts, the required foundation planting may be met with tree wells, planters, and landscaped plazas.
Figure 3.42-1,
Foundation Plantings
B.Parking Lot Landscaping. Developments required to include parking lot landscaping, as denoted in Table
3.41-1, Required Landscaping Types Summary, shall provide such plantings according to the standards below.
1.Generally. 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 parking lot landscaping shall be calculated as shown in Table 3.42-2, Parking Lot Landscaping
Requirements.
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Table 3.42-2,
Parking Lot Landscaping Requirements
Total Off-street Parking Area Percent of the Off-street Parking Area
that Must be a Landscaped
5,000—9,999 square feet 5 percent
Over 9,999 square feet 7 percent
2.Plantings.
a. Fifty percent of the required parking lot landscaping 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 parking lot landscaping 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.
b. A minimum of one large tree and four shrubs shall be planted and maintained for each 350 square
feet of parking lot landscaping.
3.Exemptions.
a. That portion of any off-street parking area that is located at a site primarily used for the storage of
vehicles is exempt from the requirements of this Subsection.
b. Additionally, public schools of an elementary or secondary level and recreational areas owned by
such schools shall be exempt from the requirements of this Subsection.
C.Site Landscaping.
1.Generally. Site landscaping consists of all other pervious areas of a site that are not covered by required
foundation plantings, parking lot landscaping, and bufferyards.
2.Plantings.
a. One large or three small trees shall be required per 1,000 square feet of site landscaping area.
b. Six shrubs shall be required per 1,000 square feet of site landscaping area.
c. One shrub shall be required per four linear feet of sign base on each side.
3.Groundcover or Mulch. Groundcover or mulch is required in areas used for site landscaping.
Sec. 3.43 Bufferyard Landscaping
A.Generally. Required bufferyards are based on the amount of buffering and screening they provide.
Bufferyards are classified in terms of intensity from less (“Class A”) to moderate (“Class B”) to heavier ("Class
C").
B.Bufferyard Types. Bufferyards, as depicted in Figure 3.43-1, Bufferyards, below, may be required:
1.District. Between differing zoning districts; in the form of a district bufferyard;
2.Parking. Around vehicle use areas in the form of a parking buffer; and
3.Streetscape. Along public and private streets in the form of a streetscape bufferyard.
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Figure 3.43-1,
Bufferyards
District Bufferyard
Parking Bufferyard
Streetscape Bufferyard
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C.General Bufferyard Standards.
1.Parking and Structures. The parking of vehicles and the placement of structures, except as provided, is
not allowed in a required bufferyard.
2.Breaks. Breaks for pedestrian, bicycle, and vehicle access are permitted. Driveways or walkways shall
cross a buffer at as near a perpendicular angle as practical.
3.Location. A required bufferyard shall be located at the outer perimeter of the property, parallel to and
extending to the property line, and shall be provided along the entire site immediately abutting the
property line.
4.Voluntary Bufferyard Increase. In some instances, a property may have excess land to devote to
bufferyards. In such instances, where a bufferyard of a certain width is required, the applicant may
voluntarily provide a wider bufferyard.
5.Ground Cover. In addition to the required plantings, walls, fences, and berms, remaining portions of all
bufferyards shall contain a minimum of 50 percent ground cover listed in the Plant List in Appendix A.
The remainder of the remaining portions of all bufferyards may consist of mulch, decorative pavers, and
other materials approved by the Planning Director.
6.Calculation. Where a fraction of a 100-foot segment of a bufferyard is required, then a fraction of the
required amount of plantings shall be required. For example, if 350-foot long property line requires a
Natural Type A Bufferyard, the final 50 feet shall require one half of the required plantings.
D.District Bufferyard.
1.Composition of District Bufferyards.
a. Bufferyards, as established below may be classified as:
i. Structural bufferyards include the use of a wall or fence to achieve the required level of
buffering and screening; and
ii. Natural bufferyards are wider than structural bufferyards and include a higher density of
plantings to achieve the required level of buffering and screening or a berm.
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b. Table 3.43-1, District Bufferyard Standards, below, establishes the bufferyard type requirements of
a particular zoning district depending on the adjacent zoning district. Table 3.43-2,
District Bufferyard Type Specifications and Illustrations, below, establishes the width, planting, and
wall, fence, or berm requirements for each bufferyard type.
2.Fences and Walls. Fences and walls that are part of required district bufferyard shall:
a. Be six feet in height;
b. Be composed of treated wood, composite material, or masonry only, with unacceptable materials
including, but are not limited to, plywood, corrugated steel sheets, and chain-link with or
without weave mesh or slats;
c. Not encroach into the public right-of-way;
d. Include stone or brick columns (in the case of a wood fence) spaced a minimum of 30 feet apart
with the finished side of the fence facing the adjacent property;
e. Be maintained by the business or homeowner or homeowners' or property owners' association, as
applicable; and
f. Be of a consistent design for the entirety of the development.
3.Berms.
a. Berms that are part of a required district bufferyard shall have:
i. A minimum two-foot-wide flat area on top; and
ii. Stabilized slopes of not less than three feet horizontal for each one foot vertical.
b. In order to accommodate a berm, the bufferyard may need to be wider than required in Table
3.43.-2, District Bufferyard Type Specifications and Illustrations, above.
4.Exemption. A district bufferyard is not required if the applicant can demonstrate that the subject
property is separated from the adjacent property by a natural area that meets or exceeds the level of
screening required by the applicable bufferyard. In such instances, the applicant shall record a covenant
to prohibit the removal of such planting, with periodic maintenance allowed.
Table 3.43-1,
District Bufferyard Standards
Zoning of Adjoining DistrictZoning of Property
Proposed for
Development ER SR MR, UR,
AR
MUN,
DTA, SJ NC GC,
FC LI HI OR
ER -- ---- ------------
SR A --------------A
MR, UR, AR A A ------------A
MUN, DTA, SJ A A A ----------B
NC A A A -- --------B
GC, FC B B B B A ------B
LI C C C C C B ----C
HI Adjacency not Permitted D B --
Adjacency
not
Permitted
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Table 3.43-1,
District Bufferyard Standards
Zoning of Adjoining DistrictZoning of Property
Proposed for
Development ER SR MR, UR,
AR
MUN,
DTA, SJ NC GC,
FC LI HI OR
OR ------------------
Table 3.43-2,
District Bufferyard Type Specifications and Illustrations
Required Plantings per 100 Linear Feet (B)
(Structural / Natural)Bufferyard
Type
Width
(Structural /
Natural)
(A)Large Small Evergreen Shrubs
Height of
Wall, or Fence
/ Berm
(C)
A 5' / 15'1 / 2 2 / 4 N/A 10 / 15 6'2 / 4'
Structural Type A Bufferyard Illustration
Natural Type A Bufferyard Illustration
B 20' / 30'2 / 4 4 / 8 N/A 15 / 20 6'2 / 4'
Structural Type B Bufferyard Illustration
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Table 3.43-2,
District Bufferyard Type Specifications and Illustrations
Required Plantings per 100 Linear Feet (B)
(Structural / Natural)Bufferyard
Type
Width
(Structural /
Natural)
(A)Large Small Evergreen Shrubs
Height of
Wall, or Fence
/ Berm
(C)
Natural Type B Bufferyard Illustration
C 50 / 100 7 / 14 N/A 5 / 10 32 / 32 62 / 4
Structural Type C Bufferyard Illustration
Natural Type C Bufferyard Illustration
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Table 3.43-2,
District Bufferyard Type Specifications and Illustrations
Required Plantings per 100 Linear Feet (B)
(Structural / Natural)Bufferyard
Type
Width
(Structural /
Natural)
(A)Large Small Evergreen Shrubs
Height of
Wall, or Fence
/ Berm
(C)
D 100 / 200 4 / 8 N/A 4 / 8 32 / 32 62 / 4
Structural Type D Bufferyard Illustration
Natural Type D Bufferyard Illustration
TABLE NOTES:
NA = Not applicable
D.Parking Bufferyard.
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1.Applicability. All surface parking areas with more than 10 parking spaces abutting a public street (not
including an alley) shall require a parking buffer in the form of one of the following options. Where a
parking area abuts a street, a parking bufferyard and a streetscape bufferyard are required.
2.Natural Type A with Shrubs. This option consists of a modified Type A natural district bufferyard
between the parking and the street, excluding driveway openings. Trees shall not be required; however,
a continual row or double row of evergreen shurbs that provide a continuous screen within three years
of planting shall be required.
3.Structural Type A with Knee Wall. This option consists of a modified Type A structural district bufferyard
between the parking and the street, excluding driveway openings. Trees and shrubs shall not be
required; however, a knee wall shall be required.
4.Natural Type A with Berm. This option consists of a modified Type A natural district bufferyard with a
berm between the parking and the street, excluding driveway openings. Trees shall not be required;
however, a berm a minimum of two and one-half feet higher than the finished elevation of the parking
area and evergreen shrubs shall be required. The berm shall have a rounded crown suitable for planting
and stabilized slopes of not less than three feet horizontal for each one-foot vertical.
E.Streetscape Bufferyard.
1.Location.
a. Streetscape bufferyards shall be required outside of the existing street right-of-way and outside of
future rights-of-way of all transportation corridor projects identified in the Comprehensive
Plan along the entire length of the property excluding driveway openings.
b. A streetscape bufferyard shall include an area beginning at the property line adjacent to a street
right-of-way, extending into the private property to establish the required width as listed in this
Subsection.
c. The streetscape bufferyard's trees, shrubs, ground cover, and other landscaping shall be placed and
maintained so as not to cause a visual obstruction and so as not to violate the visibility triangle
established in Sec. 2.41, Measurements.
2.Widths. The widths of streetscape bufferyards shall be as follows:
a. Local and Collector Streets: 6 feet;
b. Minor and Major Arterials: 12 feet; and
c.Freeways: 25 feet.
3.Streetscape Plantings.
a. Collector and/or Minor and Major Arterials. The streetscape bufferyard along a collector and/or
major and/or minor arterial street shall be planted with either large or small trees, planted 30 feet
on center, with eight shrubs for every 30 feet to form an intermittent hedge. For collector and/or
minor and major arterials, no less than 50 percent of the tree plantings shall be large trees along
collector and/or minor and major arterials.
b. Freeway.
i. The streetscape bufferyard along a freeway shall be planted as a staggered double row
consisting of small evergreen trees on the front row, and large trees on the back row.
ii. The front row of trees shall be planted 20 feet on center.
iii. A minimum of 50 percent of the back row shall be planted with evergreen trees. This row
shall consist of large trees planted 25 feet on center.
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iv. A minimum of eight shrubs, not less than two feet in height, for every 20 feet forming an
intermediate hedge, shall be planted in the front row.
Figure 3.43-2,
Streetscape Bufferyards
Collector and/or Minor or Major Arterial
Freeway
FIGURE NOTES:
A = Bufferyard Width | B = Bufferyard Segment Length (Always 100 feet)
Sec. 3.44 Tree Preservation
A.Credit for Preservation of Existing Trees. An applicant may receive credit towards the requirements of this
Division for the preservation of existing trees, as outlined in Table 3.44-1, Credit for Preservation of Trees.
Table 3.44-1,
Credit for Preservation of Trees
Existing Trees Tree Credit
1 tree, 2 1/2" to 6" in caliper 1
1 tree, Greater than 6" to 12" in caliper 2
1 tree, Greater than 12" in caliper 3
B.Application of Tree Preservation Credit. The tree preservation credit is applied toward the requirements for
the area in which the tree is located. If there are no requirements for that area, the credit applies in the
following order of descending priority:
1. Parking lot landscaping requirements;
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2. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit
applies and the building or use that is being buffered; and
3. Site landscaping requirements.
C.Tree Preservation Standards.
1.Conditions. The following conditions shall be met in order for these tree credits to apply.
a. Preserved trees shall comply with Subsection 3.41.J, Credit for Existing Plants, Fences, and Walls.
b. During site preparation and construction, each existing tree shall be protected by the placement of
a barrier around the critical root zone below the drip line, as depicted in Figure 3.44-1, Barrier
and Critical Root Zone.
c. A minimum of 75 percent of the area below the drip line (the critical root zone) of an existing tree
shall be maintained as a permanent, landscaped area at grades existing prior to site development
unless special provisions are made for the protection and survival of the tree. Such special
provisions, including but not limited to the use of permeable paving materials, shall be subject to
the approval of the Planning Director.
d. Soil or other materials shall not be temporarily or permanently stored in locations that would cause
suffocation of root systems of trees to be preserved.
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Figure 3.44-1,
Barrier and Critical Root Zone
FIGURE NOTE:
A = Critical Root Zone
2.Replacement of Credited Trees. Should any tree for which credit is received under the provisions of this
Section die or be removed at any time, the owner shall, within 90 days, replace the tree. The owner
shall replace the tree with the number of credited trees (for example, if a 14"-caliper existing tree dies,
then the owner shall replace the tree with three new trees). The replacement trees shall be of
equivalent species or a species that will obtain the same height, spread, and growth characteristics.
Sec. 3.45 Screening and Fencing
A.Fences and Walls.
1.Setbacks. Fences and walls are permitted in any required setbacks.
2.Height. The maximum height of a fence or wall within a required front or corner setback shall be 42
inches. The maximum height for any other residential fence or wall shall be eight feet. On corner lots,
fences and walls with greater than 50 percent opacity shall not encroach into the front setback or stret
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side setback. Fences or walls built parallel to and outside of the corner setback may have a maximum
height of eight feet and have no opacity requirement.
B.Prohibited Fence Types. Except as exempted below, the following fencing materials shall be prohibited:
1. Barbed, razor, or electric wire;
2. Corrugated metal (in residential zoning districts only);
3. Used lumber;
4. Fiberglass, unless one good coat of primer and two coats of neutral paint are applied; and
5. Used or salvage materials unless specifically noted on plans and approved by the Building Official.
C.Subdivision Perimeter Fences or Walls. Fences or walls along the perimeter of a new subdivision adjacent to
a public right-of-way shall:
1. Be installed by the subdivider;
2. Be eight feet in height;
3. Not encroach into the public right-of-way;
4. If wooden, include stone or brick columns spaced a minimum of 30 feet apart;
5. Be maintained by the homeowners' association; and
6. Be of a consistent design for the entirety of subdivision with a type A bufferyard provided along the
fence where adjacent to an arterial street.
D.Fencing Exceptions.
1.Barbed Wire. Barbed wire shall not be used on fencing except under the following circumstances:
a. Fencing for property used for agriculture or grazing purposes;
b. Security fencing for nonresidential uses in the LI or HI district where the barbed wire is six feet or
more above the ground level; and
c. Security fencing for a site operated by a local, state, or federal government agency or a franchised
utility company where the barbed wire is six feet or more above the ground level.
2.Electrical Fences. Electrical fences shall be installed in accordance with the National Electrical Code as
adopted by the City and may be used only for the purposes designed for and shall be Underwriters'
Laboratory approved. Electrical fencing may be used on a property used for agriculture or grazing
purposes only and shall not be used for fencing adjacent to or in any residential district.
E.Commercial Waste Enclosure Screening.
1.Applicability. The following standards shall apply to the enclosure and screening of commercial waste
equipment, including carts on wheels (food waste, trash, and recycling), waste oil
containers, compactors, or dumpsters (trash and recycling) for all apartment, Group Living, mixed-use
and nonresidential developments.
2.Location. Refuse equipment shall not be allowed within a setback.
3.Paved Surface. Waste equipment shall be placed on a paved surface of either concrete or asphalt.
4.Screening Methods.
a. Required waste equipment screening may be achieved by designating an enclosed space for waste
equipment within a principal building or within an accessory structure such as a garage.
b. Where waste equipment is not enclosed within a principal or accessory structure, they shall be
screened on all sides (except for the gate area) by permanent and durable materials, other than
Unified Land Development Code
Baytown, TX 241
chain-link or woven wire materials, with a minimum height of six feet. One side of the waste
equipment area shall be furnished with an opaque, lockable gate.
c. In addition, waste equipment screening shall contain the elements depicted in Figure 3.45-1, Waste
Equipment Enclosure Screening.
d. The screening walls required by this Section shall:
i. Be planted with vines;
ii. Be architecturally compatible, in material and color, with the principal structure on the
property; or
iii. Display a mural.
e. Final renderings of waste equipment screening shall be submitted to the Planning Director for
review and approval prior to installation.
Figure 3.45-1, Waste Equipment Enclosure Screening
F.Mechanical Equipment. Rooftop or ground-mounted mechanical equipment more than three feet in height
shall be screened from public view utilizing screening techniques that, in the judgment of the Planning
Director, either blend with the building or complement its design. Such screening devices shall be a
minimum of one foot taller than the equipment screened to a maximum of 10 feet.
Division 3.5 Outdoor Lighting
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Sec. 3.51 Exemptions and Prohibitions
A.Exempt Lighting. The following uses are exempt from the provisions of this Section:
1.Emergencies. All temporary emergency lighting needed by the police, fire department, other emergency
services, and public service vehicles;
2.Street Lights. Lighting used for the principal purpose of illuminating streets and sidewalks;
3.Some Residential. Lighting for single-unit dwellings, multiplexes, townhouses, and manufactured homes;
4.Temporary Uses. Lighting associated with an approved temporary use;
5.Seasonal Lighting. Seasonal lighting fixtures not to exceed 60 calendar days within any six-month period;
6.Ornamental Lighting. Upward-directed architectural, landscaping, and decorative lighting provided
direct light emissions are not intended to be visible above the building line roof;
7.Flags, Monuments, and Statutes. Light fixtures used to illuminate flags, statues, and any other objects
mounted on a pole, pedestal, or platform provided that provided they are illuminated using a narrow
cone beam or light fixtures designed to minimize light spillage beyond the illuminated object;
8.Water Features. Underwater lighting in fountains, swimming pools, and other water features;
9.Building Code. Lighting required by the building code;
10.Gas Lanterns. All exterior lighting fixtures producing light directly by the combustion of fossil fuels, such
as kerosene lanterns or gas lamps; and
11.State or Federal Mandates. Lighting required by state or federal law (e.g., Federal Aviation
Administration).
B.Prohibited Lighting. The following exterior lighting is prohibited:
1.Lighting Imitating Traffic Controls. Light fixtures that imitate an official highway or traffic control light or
sign;
2.Lighting Affecting Vehicle Traffic. Lighting creating a public hazard, including lighting that creates a glare
has a detrimental effect on motor vehicle traffic;
3.Laser Source Lighting. Laser source lights or similar high-intensity lights when projected above a line
horizontal with the light source;
4.Flashing Lights. Light fixtures that have a flashing or intermittent pattern of illumination;
5.Tower Lighting. Tower lighting shall not be permitted unless required by the Federal Aviation
Administration (FAA);
6.Unshielded Security Lights. Unshielded wall packs or unshielded floodlights; and
7.Searchlights. Searchlights, except when used by federal, state, or local authorities.
Sec. 3.52 Light Fixture Design and Illumination Standards
A.Design Standards.
1.Generally. All outdoor lighting types shall be in conformance with Table 3.52-1, Outdoor Lighting
Standards,
2.Permitted for Flags and Statues. Light fixtures used to illuminate flags, statues, or any other objects
mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that does not extend
beyond the illuminated object.
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3.No Nuisance. Lighting shall be reflected or shielded so as not to be of excessive brightness or
cause glare hazardous to pedestrians or drivers, create a nuisance, or unreasonably interfere with an
abutting property owner's right to enjoy their property.
4.Constant Intensity. Luminaires shall produce light of constant intensity without changes or flickering.
5.Canopy Lighting. Lighting located under canopies shall be mounted flush with or recessed within the
canopy ceiling.
Table 3.52-1, Outdoor Lighting Standards
Free-Standing Fixtures (Figure 3.52-1)
Non Cut-Off 90 Degree Cut-Off
Standards Wall-Mounted
Fixtures Residential Zoning
Districts
Mixed-Use and
Nonresidential
Zoning Districts
Residentia
l Zoning
Districts
Mixed-Use and
Nonresidential Zoning
Districts
Maximum
Height
Same as the
maximum building
height specified in
Article 2, Zoning
Districts and
Dimensional
Standards, based on
the zoning district
where the fixture is
located. A light
fixture shall not be
mounted on a
structure at a
height where the
fixture will exceed
the height of the
roofline.
8 ft.8 ft.12 ft.1 32 ft.
Design
Standards
Fixtures mounted on buildings shall be restricted to cutoff fixture types to direct the light vertically
downward.
Table Notes:
1. When the bulb, lamp, or light source is completely recessed and/or shielded from view by an observer at five feet above grade, the
maximum height may be increased to 15 feet.
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Figure 3.52-1, Free-Standing Luminaries Examples
B.Design Standards for Outdoor Lighting Adjacent to Residential Districts.
1.Full Cut-Off Fixture Required. In all mixed-use and nonresidential zoning districts, all light fixtures within
20 feet of and adjacent to a residential lot line shall be a full cut-off light fixture.
2.Direct Shine onto Adjacent Dwelling. Outdoor lighting shall not be designed or located in such a way as
to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district.
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3.Screened or Shielded. All outdoor lighting for non-residential uses shall be located, screened, or shielded
so that adjacent lots or streets located in residential districts are not directly illuminated.
4.Color Distortion. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or
to impair the vision of drivers or pedestrians.
5.Lighting Spill Over. Exterior lighting, both building lighting and site lighting, shall minimize the impact of
ambient light on the surrounding community.
6.Minimum Lighting During Particular Hours. In the event a business is to be opened between the hours of
11:00 p.m. and 6:00 a.m., a minimum amount of lighting necessary for security and safety, which shall
be identified by the lighting plan, shall be permitted to remain on during those hours.
C.Illumination Standards.
1.Minimum Illumination Based on Use. Illumination is required consistently across the site shall be
designed so as not to create dark spots that may create safety issues in such areas as vehicular use areas
and connecting pedestrian paths. Lighting shall be maintained so as to achieve not less than
80% percent of the minimum and average illumination levels. Specific illumination use standards are
required as established in Table 3.52-2, Minimum Illumination Standards Based on Use.
2.Maximum Illumination. The maximum illumination permitted in each district type, as demonstrated by a
photometric drawing, shall be as established in Table 3.52-3, Maximum Illumination.
Table 3.52-2, Minimum Illumination Standards Based on Use
Use Minimum Illumination (footcandles)1
Parking Areas and Access Drives 0.3
Loading and Unloading Areas 0.4
Walkways 0.2
Building/Development Entrances - Frequent Use 1.0
Building/Development Entrances - Infrequent Use 0.2
Table Notes:
1. The minimum light measured in footcandles at the point of least illumination when measured at ground level.
Table 3.52-3, Maximum Illumination
Zoning District Maximum Illumination (footcandles)1
Residential Zoning Districts 0.5
Mixed-Use and Nonresidential Districts
Adjacent to a Residential District or Use: 0.5
Adjacent a Mixed-Use or Nonresidential Zoning
District: 2.5
Table Notes:
1. At a height of five feet above the property line of the subject property, illumination from light fixtures shall not exceed the
maximum permitted in a vertical plane on the adjacent property.
Division 3.6 Signs
Sec. 3.61 General Provisions
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A.Sign Specifications and Design
1.Compliance. All sign structures shall comply with this Division, this ULDC, the Building Code as adopted,
the National Electric Code as adopted, and all other City Ordinances. If the standards as described
herein are more restrictive, the provisions of this ULDC shall apply.
2.Visibility. All signs shall observe all visibility requirements. No person shall place a sign within visibility
triangles, corner clips, or visibility, access, and maintenance easements. No person shall construct or
display a sign in such a manner as to interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal, or device. See 2.41, Measurements, for Visibility Triangle guidance.
3.Multiple Signs on a Property or Building. The permitting of a sign on a property or building shall not
prevent the permitting of other types of signs on a property or building provided the additional signs are
permitted in accordance with this ordinance. In some cases, a master sign plan will be needed to allow
for the additional signs.
B.Liability. The provisions of this chapter shall not be construed as relieving or limiting in any way the
responsibility or liability of any person that erects or owns any sign, from personal injury or property damage
resulting from the placing of the sign, or resulting from the negligence or willful acts of such person in the
design, construction, maintenance, repair or removal of any sign erected in accordance with a permit issued
under the provisions of this chapter. Nor shall it be construed as imposing upon the City or its officers,
employees or agents any responsibility or liability by reason of the approval of any signs, materials, or
devices under these provisions.
C.Appeals. Allegations of errors in orders, decisions, or determinations by the Planning Director in
administration of the sign regulations shall be made in writing by the applicant and heard by the Board of
Adjustment. An application for such appeal may be obtained from the City. The Board of Adjustment shall
hear the allegation of error no later than the 20th day that the order, decision, or determination is made. The
application will require written authorization from the property owner. The Board of Adjustment shall hold a
public hearing on the appeal and affirm or reverse the order, decision, or determination, in part or in whole
no later than the 60th day after the appeal is filed.
Sec. 3.62 Prohibited and Exempt Signs
A.Prohibited Signs. The following signs are specifically prohibited:
1. Any sign or sign structure which in the opinion of the Planning Director is structurally unsafe, or
constitutes a hazard to safety or health by reason of inadequate maintenance, or dilapidation;
2. Boxes, tires, or other goods stored in view of the street, etc. which have large product identification that
serves as a sign;
3.Roof Signs;
4.Wind devices, excluding flags and banners;
5. Pole and pylon signs unless specifically authorized by this ordinance;
6.Inflatable signs;
7.Human Directional Signs;
8. Any sign located upon any tree, publicly-owned light pole, or any utility pole or utility structure;
9. Any sign located upon any fence, railing, or wall, except in accordance with this ordinance;
10. Any sign located upon any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or
street, with the exception of house numbers or fire lane/no parking sign designations;
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11. Any sign located upon or attached to the supporting members of any fire escape, nor shall it be guyed to
or supported by any portion of the fire escape;
12. Any sign constructed closer than two feet from any telephone cable, power line, or any street light
standard;
13. Any sign blocking, interfering, or otherwise hindering pedestrian or vehicular traffic on a public
sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to access parking;
14. Signs constructed of glass or other material, which may shatter upon impact, are prohibited over public
right-of-way;
15. Signs that are animated or move by flashing, traveling, blinking lights, or other methods that do not
provide constant illumination are generally prohibited unless specifically permitted;
16. Any sign that emits audible sound, odor, or smoke;
17. Any illuminated sign (e.g., digital, internally illuminated, externally illuminated, etc.) placed or displayed
within 150 feet of a residential dwelling or vacant lot that is in a residential zoning district;
18. Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-
way or other public property, unless the sign is placed by City, County, State, or other authorized
governmental agency, or with the permission of the City for public purposes, unless permitted within
this ordinance;
19. No sign shall be installed, erected, or attached in any shape, manner, or form to block a fire escape or to
any door or window that is required ingress and egress for fire safety;
20.Temporary signs remaining after expiration of permit and/or those that have been in place for longer
than allowed by this ordinance;
21. Any signs which imitate or resemble official traffic or governmental signs that are designed or used in a
manner as to interfere with, mislead, or confuse drivers along streets;
22. Any sign that violates the intersection visibility requirements of 2.41, Measurements;
23. Any sign located in City-owned property or right-of-way except in accordance with Chapters 61.003 and
85.036 of the Texas Electrical Code, as amended or as specifically provided for in the said Code;
24. Any sign located in a utility easement. Should a property owner be able to demonstrate to the
Planning Director and/or utility company that there is no other viable location, a sign may be located
within the utility easement, subject to written approval from the Planning Director and/or utility
company, and a letter provided by the property owner releasing the City of any liability for repair or
replacement of a sign damaged as a result of work occurring within said utility easement;
25. Motor vehicles, tractor trailers, or similar vehicles with signs painted on, attached to, supported by, or
otherwise affixed to the vehicle shall not be parked or stored on any property for a time period exceed
48 hours;
26. Any sign placed without a permit, either prior to or after the adoption of this Ordinance, if a permit is
required; and,
27. Any sign not specifically allowed or governed by this ULDC.
B.Permit Exemptions. The following signs are subject to the requirements of this chapter and are allowed in all
districts but do not require a permit. Additionally, any sign area for these signs do not count toward the sign
area allowances specified in this chapter for all other permitted signs. Permit-exempt signs, or the structures
they are attached to, may still be subject to building code or other applicable code requirements.
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1. Signs located on property owned by the City of Baytown, an independent school district, or any
governmental agency are not required to meet the requirements of this ULDC. However, signs located
on property owned by the City of Baytown shall be permitted only upon approval by the City Council;
2. In no event shall a permit be required for any government/regulatory sign, and a
government/regulatory sign may be placed in the public right-of-way;
3. Signs and/or notices issued by any court, officer or other person in performance of a public duty. Any
such sign shall be removed no later than seven days after the last day it is required to be displayed;
4. Signs that are an integral part of the original construction of vending or similar machines, fuel pumps,
automated teller machines, or similar devices that are not of a size or design as to be visible from a
street or by any person other than those using the machine or device;
5. Any sign that is located completely inside a building that is not visible from the exterior (See also the
definition of “window sign”);
6. Signs that are located within a stadium, open-air theater, park, arena or other outdoor use that are not
intended to be visible from a public right-of-way or adjacent property, and can be viewed only by
persons within such stadium, open-air theater, park, arena or other outdoor use;
7. Certain temporary signs as established in Sec. 3.27, Temporary Signage;
8. No more than three flags located on flagpoles or on wall-mounted posts provided that the following
shall apply:
a. No flag shall be placed in, or encroach over, a public right-of-way or median. This includes setting
the flag pole or supporting structure far enough back from lot lines to prevent the flag from
billowing out across the right-of-way.
b. Flags shall be placed on a flagpole in the ground or on a flag post that is attached to a building wall.
c. The maximum height of flag poles shall be 30 feet on lots with residential uses and 40 feet on lots
with nonresidential uses. Flag poles that exceed 20 feet in height shall require a professional
contractor to install such pole.
d. The maximum sign area of an individual flag on a flag pole shall be 40 square feet in residential
districts and 60 square feet in nonresidential districts.
e. The maximum projection for wall-mounted flag post is six feet and a maximum sign area of 15
square feet per flag.
f. Wall-mounted flag posts shall only be attached to the wall or facade of the principal building.
g. The illumination and construction of flag poles may be subject to building and electrical permit
regulations.
9. A single wall sign mounted flush on the facade of an individual dwelling unit that is not illuminated and
does not exceed two square feet in area;
10. Signs that are an integral part of the historic character of a structure that has been designated an official
landmark or historic structure by any agency or body of the governments of the United States, State of
Texas, Harris or Chamber Counties, or the City of Baytown;
11. Any signs located on umbrellas, seating or similar patio furniture provided they are located outside of
the right-of-way and comply with any other applicable standards of this chapter;
12. Any sign on a truck, bus or other vehicle that is used in the normal course of a business (e.g., deliveries
or fleet vehicles for contractors) for transportation (see also Sec. 3.62,(A), above, or signage required by
the state or federal government;
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13. Signs installed or required by a governmental agency including the City of Baytown, Harris or Chamber
Counties, the State of Texas, and the United States, including local and regional transit agencies;
14. Any warning signs or traffic safety signs required by public utility providers;
15. Any address numbers required by the City of Baytown or the U.S. Post Office;
16. Changes of copy on signs with changeable copy or changes of the sign face when such face is a panel
that is designed to be removed and replaced;
17. Any signs, including illuminated signs, or related decorations erected in observance of religious, national
or state holidays which are not intended to be permanent in nature and which contain no advertising
material; and
18. General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign
or any sign structure unless a structural change is made.
Sec. 3.63 Sign Measurements
A.Height. The height of all signs shall be measured from the top edge of the sign and/or support structure to
the average finished grade of the ground below the sign and/or support structure. If a sign is located on a
mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the
mound, berm, or other raised area shall be included in the height of the sign.
Figure 3.63-1, Illustration of Sign Height Calculation.
B.Area. The area of a sign shall be measured as follows:
1. The surface of a sign to be included when computing maximum allowable square footage of sign area
shall be calculated as established in this section. For the purposes of calculating sign area, regular
geometric shapes shall include circle, ellipse, triangle, square, rectangle, trapezoid, pentagon or a
hexagon.
2. The calculation of sign area shall not include any supporting framework, bracing or decorative fence or
wall unless such structural support is determined to constitute an integral part of the sign design by
means of sign copy or messaging, as determined by the Sign Administrator. See Figure 3.63-2.
3. For sign copy mounted or painted on a background panel, cabinet or surface distinctively painted,
textured, lighted or constructed to serve as the background for the sign copy, the sign area shall be
computed by means of the single smallest regular geometric shape that encompasses the extreme limits
of the background panel, cabinet or surface. See Figure 3.63-2 and Figure 3.63-5.
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Figure 3.63-2, Illustration of Sign Area.
Illustration of sign area calculation for a freestanding sign with a copy on a distinct, rectangular cabinet. The
brick structural support is not included in the sign area calculation.
Figure 3.63-3, Illustration of Sign Area for Wall Signs.
Illustration of computing the sign area for wall signs with a background panel or cabinet.
a. For sign copy where individual letters or elements are mounted on a building facade or window
where there is no background panel, cabinet or surface distinctively painted, textured, lighted or
constructed to serve as the background for the sign copy, the sign area shall be computed by
means of the single smallest regular geometric shape that encloses all the letters or elements
associated with the sign. See Figure 3.63-3
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b. For signs with an irregular shape that is not a regular geometric shape, the area shall be measured
by drawing entire area of the sign copy, enclosing the sign elements with four intersecting lines and
using the standard mathematical formula (height multiplied by width). See Figure 3.63-5.
c. When two identically sized, flat sign faces are placed back-to-back with no more than 24 inches in
separation, so that both faces cannot be viewed from any one point at the same time, the sign area
shall be computed by the measurement of one of the sign faces. If the two sign faces are unequal,
the sign area shall be calculated based on the larger of the two faces. If two sign faces are mounted
with an angle between the sign faces (not back-to-back), then the sign area shall be calculated as
the total sign area of both sign faces.
d. Signs that are three-dimensional are prohibited. Three-dimensional signs shall include any sign with
more than two faces or any sign where two sign faces, mounted back to back, are separated by
more than 24 inches.
Figure 3.63-4, Illustration of Sign Area Calculation for Wall Signs with Individual
Letters.
Figure 3.63-5, Illustration of sign area calculation for wall signs with irregular shapes.
C.Multiple Elements.
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1. In cases where there are multiple elements of sign copy on the same surface, any areas of sign copy that
are within two feet of one another shall be calculated as a single sign area that shall be computed by
means of the smallest permitted shape that encloses all sign copy within two feet of one another,
otherwise the sign area shall be computed for each separate piece of sign copy.
2. Decorative edging or other window treatments that are not an integral part of the sign copy shall not be
considered a part of the sign for the purposes of this chapter.
Figure 3.63-6,
Illustration of sign area calculation for wall signs with individual letters.
Sec. 3.64 Permissible Signs and Standards
A.Generally. This Section establishes permanent signs that are permissible, subject to the following conditions
and the specifications listed in this Section. Signs that do not comply with the following conditions and
specifications or are not covered within this Section are considered prohibited.
B.All Signs.
1.Permit Required. No sign, other those listed in 3.62, Prohibited and Exempt Signage, as exempt from the
requirement of permit, shall be constructed, placed, attached, altered, displayed, and/or secured to the
ground, and/or any structure, until a permit for such sign has been issued by the City. Refacing of a sign
also requires a separate permit. In no event shall a permit be required for any government/regulatory
sign.
2.Private Property. All signs shall be located only on private real property with the consent of the property
owner.
3.Lighting. Unless otherwise noted in this ordinance, all signs listed here shall comply with the following
lighting standards:
a. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that
requires an addition or extension of circuits shall require a separate permit.
b.Illuminated signs shall not operate at brightness levels of more than .3 foot-candles above ambient
light conditions at the property line, or at a distance equal to the square root of the area of the sign
Unified Land Development Code
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x 100, whichever is closer to the sign, as measured using a foot-candle meter. A photometric plan
may be required with the sign permit to show that the lighting meets this ordinance requirement.
c. No sign or associated luminaire shall create light spillover of more than .1 foot-candle at the
property line within or bounding a residential use or residential district. A photometric plan may be
required with the sign permit to show that the lighting meets this ordinance requirement.
d. Ground-mounted lighting is allowed where the light itself and supporting structure are not visible
from the public right-of-way.
4.Electronic Message Centers. Where electronic message centers are permitted in this ordinance, the
following shall apply in addition to any other standards:
a. All electronic message centers shall be set back a minimum of 200 feet from a residential dwelling
unit.
b. Any message changes shall be a static, instant message change.
c. Messages can only change once every eight seconds or longer.
d. The transition time between messages shall be less than one second.
e. All electronic message centers shall contain a default mechanism that will cause the sign to revert
immediately to a black screen if the sign malfunctions.
f. The electronic message center shall come equipped with an automatic dimming photocell, which
automatically adjusts the display’s brightness based on ambient light conditions.
g. Illumination shall not exceed 0.3 foot-candles over ambient lighting conditions when measured at
50 feet in any direction from an electronic message center sign.
h. Audio emissions from electronic message center signs shall be prohibited.
5.Clearance.
a. Any sign that projects over a sidewalk, walkway, or other pedestrian path shall maintain a
clearance of a minimum of nine feet above said sidewalk, walkway, or other pedestrian path.
b. Any sign that projects over a driveway, parking area, or vehicular path shall maintain a clearance of
15 feet above said driveway, parking areas, or vehicular path.
c. If sign is painted on the wall, there is no minimum clearance.
6.Fees. All fees for permitted signs shall be assessed in accordance with the City’s adopted Fee Schedule.
7.Permitted Locations/Uses. Where permitted with established uses in ULDC Division 3, such uses shall
have been issued a building permit and/or certificate of occupancy.
C. Permanent Attached Signs.
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Table 3.64-1, Permanent Attached Signage
Sign
Type
Applicable
Districts or
Uses
Maximum Sign
Area
Maximum
Height
Maximum
Number of
Signs
Additional Standards
Awning
Sign
All
nonresidential
uses
50% of the total
area of the face of
any single awning.
There shall be no
more than 80
sq.ft. of awning
signs on any single
building unit.
Not
applicable
but the
awning shall
be subject to
the clearance
requirements
of this
ordinance.
Not applicable
Canvas, metal, or other
material as approved by the
Planning Director.
The awning shall be secured
to the building and may not
move in any manner.
The supporting structure
may not extend into or over
the street right-of-way.
No building shall have both
a wall sign and an awning
sign on the same building
face.
Canopy
Sign
All
nonresidential
uses
45 sq. ft.
Not
applicable
but the
canopy shall
be subject to
the clearance
requirements
of this
ordinance.
One canopy
sign per street
frontage. A
canopy sign
shall only be
placed so as to
face the
applicable
street frontage.
Canopy signs may be
mounted on the face/side
of the canopy but shall not
project more than 12 inches
from said face/side.
Canopy signs may be
mounted to the bottom of
the canopy provided the
sign face does not exceed
two feet in height and such
sign complies with the
clearance requirements of
this ordinance.
Canopy signs may be
mounted above a canopy
over an entrance provided
the canopy sign does not
exceed two feet in height
and does not exceed the
roofline of the principal
building.
Canopy signs may only be
internally lit.
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Table 3.64-1, Permanent Attached Signage
Sign
Type
Applicable
Districts or
Uses
Maximum Sign
Area
Maximum
Height
Maximum
Number of
Signs
Additional Standards
Projectin
g or Blade
Sign
All
nonresidential
uses
12 sq. ft.
Shall not
extend above
the roofline
One per
building unit.
May be located in the visual
path of pedestrians under
covered walkways within a
development.
May project into right-of-
way but shall be located a
minimum of three feet from
back of curb of any adjacent
street or drive.
May extend no more than
three feet from the facade
of a building.
Shall be supported from the
side edge of the sign in an
approved manner.
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Baytown, TX 256
Table 3.64-1, Permanent Attached Signage
Sign
Type
Applicable
Districts or
Uses
Maximum Sign
Area
Maximum
Height
Maximum
Number of
Signs
Additional Standards
Wall Sign
All
nonresidential
uses
The total sign
area of all signs on
each facade, shall
not exceed 60 sq.
ft. or 20% of the
facade area.
Shall not
extend above
the roofline
None provided
it does not
exceed
maximum sign
area
Permitted on each primary
facade which faces a street,
parking lot, drive aisle, or
driveway.
Wall signs with visible or
exposed neon, florescent,
or LED lighting are
prohibited.
Shall not be allowed on any
facade (other than the main
front of the building) that
faces property zoned for
single-unit uses, if the sign is
within 150 feet of the
property line of said
residential property.
Tenant within a multi-
tenant building: Signage
shall be restricted to the
façade of the tenant space
on the building.
In no case shall an attached
sign project above the roof
line or parapet wall of any
building. Signs shall be no
closer vertically to the eave
of the roofline or overhang
than the predominant
height of the text or graphic
elements.
Signage for a multi-tenant
building with a single entry:
Shall be required to provide
a letter from the owner of
the building authorizing
placement of sign and
location of permit submittal
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Baytown, TX 257
Table 3.64-1, Permanent Attached Signage
Sign
Type
Applicable
Districts or
Uses
Maximum Sign
Area
Maximum
Height
Maximum
Number of
Signs
Additional Standards
Window
Sign
All
nonresidential
uses
25% of the total
of any single
window area per
building
Not
applicable
None provided
it does not
exceed
maximum sign
area
Signs shall be affixed to any
surface of a window
(interior or exterior) or
within 3 feet of the interior
window glazing.
D.Permanent Freestanding Signs.
Table 3.64-2, Permanent Freestanding Signage
Sign Type Locations Maximum Sign
Area Maximum Height
Maximu
m
Number
of Signs
Additional Standards
Nonresidential uses in
the ER, SR, MR,
UR Districts
36 sq. ft.
6 ft. with a
minimum one-
foot baseMonument
Signs
Nonresidential uses in
the DTA, MUN, OR, or
AR Districts
80 sq. ft.
8 ft. with a
minimum one-
foot base
One sign
per street
frontage. If
a lot has
more than
300 ft. of
The signs shall be
constructed of the
same primary
masonry materials
as the front building
facade of the
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Baytown, TX 258
Table 3.64-2, Permanent Freestanding Signage
Sign Type Locations Maximum Sign
Area Maximum Height
Maximu
m
Number
of Signs
Additional Standards
Nonresidential uses in
the GC, FC, LI, or HI
Districts
64 sq. ft.
10 ft. with a
minimum one-
foot base
street
frontage,
one
additional
sign is
permitted
provided
the signs
are
separated
by 150 ft.
principal building.
All monument signs
shall contain a
minimum one-foot
masonry with
mortar border
around all sides.
Architectural
embellishments
may be considered
through the review
of a master sign
plan
May only be
illuminated utilizing
internal lighting,
gooseneck or up-
lighting.
The monument
signs allowed in this
section may include
an electronic
message center only
in the GC and
FC districts along an
arterial roadway or
for places of
assembly in any
district. The sign
area of the
electronic message
center shall not
exceed 25% of the
total sign area and
shall be subject to
Sec. 3.64(B)(4),
above.
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Baytown, TX 259
Table 3.64-2, Permanent Freestanding Signage
Sign Type Locations Maximum Sign
Area Maximum Height
Maximu
m
Number
of Signs
Additional Standards
Subdivision
or
Development
Signs
Residential
subdivisions or
multi-unit dwelling
developments with
more than 15 lots
or units
Nonresidential
subdivisions in a
nonresidential
zoning district with
more than 10 acres
or for a single
nonresidential lot
in a nonresidential
zoning district with
more than 5 acres
and five lots
60 sq. ft. for each
permitted sign
8 ft. with a
minimum one-
foot base on
monument
signs
Signs attached
to walls or
fences shall not
extend above
the top of the
wall or fence
One
monument
or two wall
signs at
each
entrance
from a
collector
or arterial
street
The signs shall be
either a monument
sign or wall signs
attached to entry
walls or fences.
The signs may only
be illuminated
through an external
light source.
The sign shall be an
on-premise sign.
Monument shall be
set back from all lot
lines a distance
equal to the height
of the sign.
If an applicant
proposes to use a
monument sign, no
wall signs, as
allowed by this
section shall be
permitted. If an
applicant proposes
to use wall signs, no
monument signs, as
allowed by this
section shall be
permitted.
If two wall signs are
utilized, each sign
shall be separated
by a minimum of 50
feet and shall be
mounted to a
decorative wall or
fence that generally
runs parallel with
the street.
For nonresidential
subdivisions and
lots, such sign may
be placed on the
same lot as a
monument sign
allowed pursuant to
this section.
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Table 3.64-2, Permanent Freestanding Signage
Sign Type Locations Maximum Sign
Area Maximum Height
Maximu
m
Number
of Signs
Additional Standards
Drive-
Through
Signs
All nonresidential uses
with a drive-through
facility
No single drive-
through signs
shall exceed 48
sq. ft.
The total of all
drive-through
signs for one
stacking lane
shall not
exceed 72 sq.
ft.
There shall be
no maximum
sign area if the
signs are
completely
screened from
view of the
right-of-way
and from any
adjacent
residential
uses.
6 ft.
2 signs per
drive-
through
stacking
lane
Such signs shall be
oriented so as to
only be visible to
occupants of
vehicles in the
stacking lanes of the
drive-through
facility.
Drive-through signs
may be internally or
externally
illuminated. Up to
100% of each sign
may be an
electronic message
center if they
comply with the
standards of
Sec. 3.64(B)(4),
above, and that the
signs are turned off
during the hours
when the related
business is closed.
The signs shall only
be permitted in side
yards and rear
yards.
Such sign may be
placed on the same
lot as other
freestanding signs
allowed pursuant to
this section.
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Table 3.64-2, Permanent Freestanding Signage
Sign Type Locations Maximum Sign
Area Maximum Height
Maximu
m
Number
of Signs
Additional Standards
Driveway
Signs All nonresidential uses 4 sq. ft. 3 ft.
2 per
driveway
entrance
from a
collector
or arterial
street.
Signs shall be
located within 30 ft.
of the right-of-way.
Signs may be
internally or
externally
illuminated.
Such sign may be
placed on the same
lot as other
freestanding signs
allowed pursuant to
this section.
Sec. 3.65 Temporary Signage
A.Generally. This section establishes the types of temporary signs allowed in the City of Baytown, including any
applicable regulations for each type of sign.
B.Standards Applicable to All Temporary Signs.
1. Temporary signs are prohibited from being located in any right-of-way.
2. Where the right-of-way is unknown, the temporary sign shall be set back a minimum of 10 feet from the
edge of any street pavement.
3. Temporary signs shall not be mounted, attached, affixed, installed or otherwise secured in a manner
that will make the sign a permanent sign.
4. No temporary sign shall be mounted, attached, affixed, installed or otherwise secured so as to protrude
above the roofline of a structure.
5. All temporary signs shall be secured in such a manner as to prevent swinging or other significantly
noticeable movement resulting from the wind that could pose a danger to people, vehicles or
structures.
6. Unless otherwise specifically stated, temporary signs shall not be illuminated.
7. No temporary sign shall require a foundation, support, wiring, fittings, or elements that would
traditionally require a building permit or electrical permit.
8. Temporary signs shall not be affixed to any permanent sign or permanent structure except when a
banner sign is permitted to cover a permanent sign in accordance with this section or when such sign is
attached to the principal building as permitted in this chapter.
9. No streamers, spinning, flashing, windblown devices or similarly moving devices shall be allowed as part
of or attachments to temporary signs.
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Baytown, TX 262
10. Where a temporary sign is designed to have two sign faces (sidewalk signs or temporary yard signs),
such sign faces shall be of the same size and mounted back-to-back. In the cases of an A-frame sidewalk
sign, the sign faces shall be mounted back-to-back but may have an angular separation between faces to
form the A-frame shape.
11. For permit applications related to the establishment of a new use or change of use within an existing
building, where there is existing permanent sign, a banner sign may be approved for up to 60
consecutive days to cover the existing permanent signs. Such banner sign shall not exceed the sign area
of the permanent sign and shall require a certificate of zoning approval.
12. Temporary signs shall be constructed of a material that is substantial enough to withstand typical winds
and weather for the duration of the placement.
13. Because of the nature of materials typically used to construct temporary signs and to avoid the
unsightliness of deteriorating signs and all safety concerns which accompany such a condition,
temporary signs shall be removed or replaced when such sign is deteriorated.
14. Signs that meet the intent of Elections Code 259.003 shall follow state law requirements, or as
amended.
C.Temporary Sign Allowances.
1. Table 3.65-1, Temporary Signage, establishes the allowances for temporary signs in all zoning districts.
All sign types are subject to the general provisions above and the sign-type standards that follow the
table.
Table 3.65-1, Temporary Signage
Zoning DistrictsSign Requirements Residential Nonresidential and Multi-Unit Dwellings
Time Limit Unrestricted 7 Days per Quarter [1]
Maximum Number or Area per Lot 2 signs per lot 2 signs per lot
Maximum Sign Area per Sign 6 Square Feet 48 square feet total
Maximum Height 4 Feet Roofline of the principal building
Permitted Sign Types Window, or Yard Banner
Permit Required No Yes
Table Notes:
1. A quarter shall be defined as evenly timed quarter of the calendar year (January to March, April to June,
July to September, and October to December).
2. In addition to the temporary signs allowed in Table 3.65-1, longer term temporary signs may be
permitted at the entrances to new subdivisions, new developments, or redevelopment projects in all
zoning districts that have a total site area of over 20 acres in accordance with the following:
a. The sign shall be a yard sign or a banner sign subject to all applicable standards of this ordinance
and shall require a permit to be issued by the Planning Director.
b. One sign shall be permitted along each street frontage for the overall site, not per individual site
within the development if there is a subdivision.
c. For sites that have street frontage along an arterial or freeway on the Master Transportation Plan,
a total of two signs shall be allowed provided each sign is separated by a minimum of 200 feet.
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Baytown, TX 263
d. The maximum sign area shall be 64 square feet per sign and the maximum height shall be 12 feet.
e. The sign shall be set back a minimum of 15 feet from all lot lines.
f. The sign may be constructed of wood, metal, plastic, or equivalent durable material.
g. The sign may only be illuminated by an external source that is directed only at the sign.
h. The sign shall be permitted for a period of one year. Following one year, the applicant may seek a
new permit to have the sign for one additional year. In no case shall any sign authorized under this
section be permitted on the applicable site for more than two years.
D.Sign Type Standards.
1.Banner Signs.
a. Banner signs shall not be subject to the maximum height requirements of this section provided
they are not attached above any roofline.
b. Banner signs can be affixed to a building but not a fence unless such fence is enclosing an outdoor
dining area adjacent to the building.
c. Banner signs shall not face a residential neighborhood unless separated by a street.
d. All four corners shall be securely attached to the front, side, or rear surfaces of a building,
excluding banners located on public school property.
2.Sidewalk Signs.
a. Only one sidewalk sign is allowed for each building unit. Such sign shall be located within 10 feet of
the entrance to the building unit.
b. The sidewalk sign shall be limited to an A-frame sidewalk sign or a T-frame sidewalk sign.
c. There shall be no time limitation for sidewalk signs with the exception that the sign shall only be
placed outside during the hours of the establishment’s operation.
d. Such signs shall not exceed 12 square feet in area with a maximum height of four feet.
e. The sign shall not be placed on pavement used for vehicles (e.g., driveways and parking lots).
f. When placed on a private sidewalk or walkway, the width and placement of the sign shall be such
so that there shall be a minimum width of four feet of clear and passable sidewalk or walkway for
pedestrians.
g. The sign must be freestanding and shall not be affixed, chained, anchored, or otherwise secured to
the ground or to any pole, parking meter, tree, tree grate, fire hydrant, or other structure.
h. The sign must not obstruct access to parking meters, bicycle racks and other features legally in the
right-of-way.
i. The sign must not interfere with the opening of car doors in legal spaces, or with the operation of
wheelchair lifts and ramps, cab stands, loading zones or bus stops.
j. The sign shall be internally weighted so that it is stable and windproof.
k. The City of Baytown shall be held harmless from any liability resulting from accident or injury
caused by the placement and/or maintenance of such sign.
3.Window Signs. Temporary window signs shall not be affixed permanently to the window.
4.Yard Signs. Temporary yard signs shall be set back a minimum of 10 feet from adjoining lot lines.
Sec. 3.66 Master Sign Plan
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Baytown, TX 264
A.Purpose and Applicability.
1. The Master Sign Plan allowance established herein is to provide for additional permanent signage for
large-scale projects and developments. The Master Sign Plan provides a review process where any
development that includes more than 10 acres or contains buildings with a cumulative floor area of
more than 300,000 square feet can submit a master sign plan package that illustrates all the signage
that will be used on the lot and the relationships of all these signs to the development. An application
shall be required for a master sign plan.
2. The Planning Director shall have the authority to permit the submission of a Master Sign Plan for a
project that does not comply with the project size requirement above if:
a. The project is a stand-alone, mixed-use project that contains both commercial or office uses with a
residential component that contains a density higher than allowed in any residential district; or
b. The proposed project will be an expansion of a larger previous planned or built development that
will have a master sign plan with similar standards and design; or
c. The project will amend the amount of signage of an existing nonresidential development.
B.Requirements and Allowances.
1. A master sign plan is intended to promote consistency among signs within a development and enhance
the compatibility of signs with the architectural and site design features within a development, as well
as with the surrounding neighborhood.
2. A master sign plan may include more than one freestanding sign per frontage and increases to the
maximum height of freestanding signs and maximum sign area allowance where the signage will
contribute to the overall design of the development as well as comply with any of the City’s adopted
plans or policies.
3. Master sign plans may include up to a 25% increase in the maximum attached sign area allowed
pursuant to 3.64, Permissible Signs and Standards.
4. Submittal Requirements. Master sign applications shall include the following information:
a.Elevations of freestanding signs illustrating the materials of construction and maximum dimensions
of the signs, shown as generic sign blocks in lieu of specific signs;
b. If the sign is to be attached to a building, the elevation shall be composite of the generic sign block
and the building to show the maximum dimension proposed;
c. Elevations depicting the generic size of the signs in relation to the size of the buildings within the
development;
d. A plan drawn to preliminary site plan or site plan specifications of the site illustrating the location
of existing and proposed signs on the property and, if required by the City, on adjacent properties;
e. Other information to illustrate the consistency and uniformity of the signs, as required by City staff;
and,
f. For nonresidential and multi-family developments, the master sign plan shall be submitted to the
City for review with a preliminary site plan or site plan of the property.
C.Procedure.
1. A Master Sign Plan application shall be submitted to the Planning Director.
2. The plan shall be reviewed by City staff. The plan can be approved by the Planning Director if the
Director finds that:
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Baytown, TX 265
a. The master sign plan contributes to the design of the site and surrounding area will be superior to
the quality that would result under the regulations and standards of this ordinance;
b. That the signs proposed as part of the master sign plan will create a uniform sign package for the
site related to materials, lighting, design and other features of the individual signs; and
c. The proposed signs are compatible with the style or character of improvements and are well-
related to each other in terms of location and spacing.
3. The Planning Director may impose reasonable conditions to a master sign plan necessary to carry out
the intent of this ordinance.
4. The master sign plan shall require Board of Adjustment approval if waivers are request from the Code.
5. A decision of the Planning Director may be appealed to the Board of Adjustment.
6. An approved master sign plan may only be amended or modified through the same review process
required for its approval.
Sec. 3.67 Maintenance, Compliance, Violations, and Removal
A.Maintenance of Signs and Sign Structures.
1. All signs shall be maintained in a safe and good condition at all times to avoid becoming a neglected,
dilapidated, or deteriorated sign, including, but not limited to, the replacement of defective bulbs, parts
or materials, painting, repainting, cleaning, and other acts required for the maintenance of said sign and
accessory landscaping.
2. All signs and sign structures shall be maintained in a safe and attractive condition in accordance with the
current adopted version of the building codes.
3. It shall be the responsibility of the property owner, or other entity having legal control or interest of the
property, to maintain all signs and sign structures in accordance with this ordinance.
4. Signs shall be maintained in a manner that prevents the exposure of any internal elements through the
removal of the sign face or the replacement of broken panels or elements.
5. Failure to maintain a sign in accordance with this section shall be a violation of this ordinance, subject to
the violation and penalties of this ULDC.
B.Neglected Signs.
1. Neglected signs shall be considered a public nuisance and are prohibited by this ULDC.
2. Upon written notification to the permit holder or business/property owner by the Planning Director,
such abandoned sign shall be removed from the premises and neglected signs shall be repaired or
removed from the premises by the property owner, agent, or person having beneficial use of the land,
building, or structure upon which said sign is located.
3. The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or
person having beneficial use of the land, building, or structure upon which such sign is located within 10
days. The notification shall further state that if the sign is not removed or repaired, a citation may be
issued and the City may resort to any civil remedy available to remove or repair the sign, up to and
including removal.
4. If any sign is determined to present an immediate danger to the health, safety, and general welfare of
the public, the City shall remove it immediately. Within 10 days of the removal of the sign, the City shall
notify the owner of the property on which the sign was located of the reason(s) for removal of the sign.
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5. It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply
with the direction of the notice. In the event of failure to comply with such notice provided under
Sec. 3.67(C), below, the Planning Director is hereby authorized to cause the removal of such sign. Any
expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial
use of the land, building, or structure upon which such sign was located.
C.Notification of Non-Compliance.
1. If the Planning Director determines that any sign is not permitted, unsafe, insecure, dilapidated, or
deteriorated, the Director shall give written notice to remove or replace said sign to the person or
persons responsible, in accordance with this Division.
2. All signs listed in this Division and other prohibited or non-compliant signs shall be considered a public
nuisance and are prohibited by this Division. Upon identification of any prohibited sign, the
Planning Director shall provide written notification of the violation to the owner of the property on
which the prohibited sign is located and/or the permittee of the sign. The notification shall state that
the offending sign shall be removed by the property owner, agent, or person having beneficial use of
the land, building, or structure upon which such sign is located within the time period prescribed by the
Planning Director. The notification shall further state that if the prohibited sign is not removed within a
specific time frame (not to exceed 10 days) a citation may be issued, and the City may resort to any civil
remedy available, including removal by City personnel or City contractor if said sign is located within the
right-of-way. If any sign is determined to present an immediate danger to the health, safety, and
general welfare of the public, the City shall remove it immediately. Within 10 days of the removal of the
sign, the City shall notify the owner of the property on which the sign was located of the reason(s) for
removal of the sign.
D.Order of Removal.
1. If the permit holder, owner of the sign, or owner of the property on which the sign is located, fails to
remove or repair the sign within 10 days after said notice or fails to file an allegation of error in
accordance with this Ordinance, the Planning Director is hereby authorized to cause the removal of such
sign.
2. Any expense incurred by the removal of said sign shall be paid by the permit holder, owner of the sign,
or owner of the property on which the sign is located.
3. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of
a sign, which is determined by the Planning Director to be an immediate threat or danger to the health,
safety, and general welfare of the public.
4. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the
threat to the health, safety, and general welfare of the public. If a sign is determined to be not
permitted, then the sign and support structure shall be removed in its entirety.
5. The City is authorized to file a lien against any property, which is not otherwise exempt, to recover
expenses incurred by the City for the removal of a sign or portion of a sign from a property.
E.Expired Temporary Signs. Temporary signs authorized by a sign permit with an expiration date shall be
removed promptly upon the date of expiration. Signs remaining after the date of expiration shall be deemed
prohibited. The sign permit listing the expiration date shall be considered adequate notice of violation.
F.Failure to Comply. It shall be unlawful for any person, firm, or corporation receiving such written notice or
having an expired permit to fail to comply with the direction of the notice. In the event that there is failure to
comply with such notice, provided under this ordinance, the Planning Director is hereby authorized to cause
Unified Land Development Code
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the removal and impoundment of said sign. Any expenses incident to the removal of said sign shall be the
responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon
which said sign was located.
G.City-owned Property. If a sign is placed within the public right-of-way or on a City-owned property in
violation of this ordinance, the sign shall be immediately removed and be disposed of without notice.
H.General Violations.
1. A person who violates, causes, allows or permits a violation a section of this Division designated as an
offense commits a misdemeanor punishable by a fine not exceeding 500 dollars.
2. Each violation of this chapter designated as an offense constitutes a separate offense.
3. No culpable mental state is required to prove an offense under this chapter if the offense involves:
a. Placement of a sign in the right-of-way;
b. Placement of a sign in another person’s property without the person’s permission; or
c. Placement of a sign that encumbers access to a person’s property or encumbers use of a street,
sidewalk, trail, path, or driveway.
I.Violations in or on Public Property.
1. Unless permitted by this ordinance, any sign of any nature that is placed, constructed, or maintained on
public property in violation of the chapter shall be subject to the following:
a. The sign may be subject to confiscation by City staff and disposed of immediately;
b. It shall be presumed fact that the property owner of record at the address specified on a
confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign,
and upon conviction, that person shall be guilty of a misdemeanor; and,
c. If such a sign contains no identifying information other than a telephone number, such information
shall be presumed fact that the property owner of record at the telephone number specified on a
confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign,
and upon conviction, that person shall be guilty of a misdemeanor.
2. The following evidence relative to the name, address, or telephone number contained in the following
records shall be a presumed fact of the contents of the record:
a. Name;
b. An authenticated photograph of the sign showing the name of the person allegedly responsible, or
the sign itself;
c. Address;
d. A certified copy of that section of the most recent tax roll or appraisal district record which shows
the name and address of the record property owner and an authenticated photograph of the sign
or sign itself;
e. Telephone number; or
f. An authenticated photograph of the sign or the sign itself showing the telephone number and a
copy of the most recent telephone directory showing the listing, or a letter or other document
from the telephone company showing the listed person and address at the telephone number.
3. Any presumption contained in this Section is rebuttable and shall have the effects and consequences set
forth in the V.T.C.A. Penal Code 2.05.
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Division 3.7 Performance Standards
Sec. 3.71 Performance Standards
A.Generally. All uses and activities permitted within the City shall conform to the following performance
measures and standards established in this Section.
B.Exemptions from Performance Standards. The following are exempt from the operational performance
standards of this Section:
1. Temporary construction, excavation and grading associated with development for which applicable
permits have been issued and with the installation of streets or utilities; and
2. Demolition activities that are necessary and incidental to permitted development on the same lot, on
another of several lots being developed at the same time or in the public right-of-way or easement.
C.Noise. All uses and activities permitted shall conform to the City's noise regulations, as provided in Article VII,
Noise, of the City's Code of Ordinances.
D.Vibration. No development shall generate ground vibration which is perceptible by the Planning Director
beyond the property line of origin without the use of instruments. Ground vibrations caused by motor
vehicles, trains, aircraft, or temporary construction work are exempt from the strict application of
these standards, but good faith efforts to control such vibrations shall be made by the originator.
E.Smoke and Particulate Matter Emissions. No operation or use shall cause, create or allow the emission of air
contaminants that violate the Air Quality Standards, Rules and Regulations of the Texas Air Control Board as
provided for in The Texas Clean Air Act, V.T.C.A., Health and Safety Code § 382.001 et seq., as now existing or
as later modified or amended.
F.Odors. No use shall be permitted to produce the emission of objectionable or offensive odors in such
concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the
use is located.
G.Toxic or Noxious Matter. Toxic substances (including asbestos, beryllium compounds, vinyl chlorides and
benzol and any others added to the toxics list of the U.S. Environmental Protection Agency) shall be handled
in accordance with U.S. Environmental Protection Agency standards.
H.Fire and Explosive Hazards.
1.Underground Storage Tanks. Underground storage tanks for flammable liquids and gasses shall be
located at least 50 feet from the lot line of lots that contain a single-unit or duplex dwelling use;
2.Aboveground Storage Tanks. Aboveground storage tanks shall be set back at least 100 feet from such lot
lines, unless the board of adjustment determines, based on information provided by the applicant, that
a 50-foot setback will ensure compliance with all applicable state standards.
3.Setback Exception. The storage tank setback requirements of this subsection shall not apply to tanks
that are necessary to single-unit or duplex dwelling units.
I.Nuclear Radiation. Any operation involving radiation, i.e. the use of gamma rays, x-rays, alpha and beta
particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles, shall be permitted
only in accordance with state and federal laws, rules, and regulations, or any other applicable regulation.
J.Electromagnetic Radiation and Interference. Electromagnetic interference from any operation of any use in
any district shall not adversely affect the operation of any equipment located off the lot on which such
interference originates.
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ARTICLE 4 SUBDIVISION DESIGN
Contents:
Division 4.1 General Provisions
Division 4.2 Subdivision Design Standards
Division 4.3 Public Improvements, Dedication, and Acceptance
Division 4.1 General Provisions
Sec. 4.11 Purpose
A.Generally.
1.Jurisdiction. This Article sets out standards to be applied in the review of subdivision plats in the City and
the extraterritorial jurisdiction, as defined in Texas Local Government Code Section 212.001.
2.Other Documents. Public improvements required in this Article shall conform to the intent of, and be
properly related to, the policies of the Comprehensive Plan, the Engineering Standard Details, and all
related provisions of the Code of Ordinances.
B.Purposes. The purpose of this Article is to:
1.Public Good. Provide for the orderly, safe, and healthful development of the area within City and within
the extraterritorial jurisdiction and to promote the health, safety, and general welfare of the
community;
2.Record Keeping. Establish and maintain adequate and accurate records of land subdivision;
3.Design, Dedication, and Acceptance. Standardize the design, dedication, and acceptance of
improvements related to transportation, water, wastewater, drainage, recreation, resource protection,
and other aspects of the subdivision of land;
4.Coordination. Coordinate the development of lots so that proposed infrastructure is adequate, safe,
orderly, economical, and efficient and aligns with existing infrastructure;
5.Acceptance and Maintenance. Assure that facilities to be accepted and maintained by the City are
properly located and constructed; and
6.Efficient Transportation Network. Reduce potential impacts of new development on street congestion
by providing alternative travel routes, provide a meaningful choice of alternative modes of
transportation, shorten trips to work, shopping, or recreation, or lessen overall vehicle miles traveled.
Sec. 4.12 Applicability
A.Generally. This Article applies to all plats and all subdivision of land within the City limits and the City's
extraterritorial jurisdiction (ETJ).
B.Requirement to Plat. Except as set forth in Subsection D, Exemptions from Platting, below, the owner of a
tract of land within the City limits or in the ETJ who divides the land into two or more parts shall have a plat
of the subdivision prepared in accordance with the Texas Local Government Code Chapter 212. No plat of
any subdivision or resubdivision within the City or its ETJ shall be recorded unless and until the plat has been
approved by the applicable development review bodies.
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C.Minimum Lot Dimensions for Plats in ETJ. In a subdivision for a new plat in the ETJ, the minimum lot
dimensions shall be as follows:
1.Width. The minimum width shall be 50 feet.
2.Depth. The minimum depth shall be 100 feet.
3.Radial Lots. Radial lots shall have a minimum width of 40 feet at the building line.
4.Lot Area. The lot area shall be a minimum of 5,400 square feet.
5.Corner Lots.
a. Corner lots are to be five feet wider than the average interior lots in the block.
b. Corner lots with a width of less than 80 feet siding on interstates or expressways, principal arterials
and minor arterials shall be at least 15 feet wider than the average interior lots in the block.
D.Compliance with UDC.
1.Subdivision, Public Improvements, and Utilities. Unless a subdivision of land is specifically exempted
from the requirements to obtain a plat, it shall be unlawful for any person or entity to undertake the
following activities in the City of extraterritorial jurisdiction until an appropriate plat of such subdivision
is approved and recorded in conformity with this Article:
a. Subdivide land;
b. Construct any public or private street, public or private utility service or facility, building, structure,
or other improvements on any land;
c. Connect or serve any utility service or facility to any land;
d. Develop or use land in any manner for any purpose other than agricultural, wildlife management,
or timber use within the meaning of Texas Property Tax Code, Chapter 23, Subchapter E, Appraisal
of Agricultural Land; or
e. Develop or use land in any manner that directly or indirectly impacts the City's infrastructure,
water, wastewater or drainage system.
2.Permits. No Building, Electrical, Mechanical, Plumbing, or any other Permit or Certificate of Occupancy
issued by the City will be issued for new construction until an appropriate plat is approved and recorded
in conformity with this Article.
E.Exemption from Platting. Certain divisions of land may be exempt from platting in accordance with Texas
Local Government Code Chapter 212.
F.Eligibility for Recordation.
1. To be recorded, an approved plat must:
a. Describe the subdivision by metes and bounds;
b. Locate the subdivision with respect to a corner of the survey or tract or an original corner of the
original survey of which it is a part; and
c. State the dimensions of the subdivision and of each street, alley, square, park or other part of the
tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting
on or adjacent to the street, alley, square, park or other part.
2. The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in
the manner required for the acknowledgment of deeds.
3. The plat must be recorded with the County Clerk of the county in which the tract is located.
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4. The plat is subject to the filing and recording provisions of Chapter 12, Recording of Instruments, of the
Texas Property Code.
G.Street Number or Building Permit. No street number and no Building Permit shall be issued for the erection
of any building in the City on any piece of property other than an original or a re-subdivided lot in
an approved and recorded subdivision.
H.Waiver Reference. Any standard in Division 4.2, Subdivision Design Standards, is eligible for a Waiver
request, in accordance with Sec. 7.66, Waiver.
Division 4.2 Subdivision Design Standards
• Subpart B, Chapter 109, Articles I - III
• Subpart B, Chapter 126, Article II, Divisions 2 - 3.7
• Subpart B, Chapter 126, Article IV, Division 2
• Subpart B, Chapter 126, Article V, Divisions 1 and 2
Sec. 4.21 General Improvement Standards
A.Additional Provisions. In addition to the requirements of this Article and Article 7, Development Review
Procedures, all subdivisions shall comply with the following:
1.Code of Ordinances. All applicable provisions of the City's Code of Ordinances;
2.Public Health, Environment, Railroads, and Utilities. The Standard Construction Documents and the
rules and standards of the Texas Commission on Environmental Quality, U.S. Army Corps of Engineers,
and other applicable agencies; and
3.State Roadways. The rules and standards of the Texas Department of Transportation if the subdivision
or any lot within it abuts a state-maintained roadway.
B.Life Safety. The construction related to improving, developing, or subdividing land shall be conducted in a
safe manner to protect human life and property.
C.Logical System and Continuity. All improvements shall be designed and installed so as to provide for a logical
and connected system of public and private improvements for the development of adjacent properties.
D.Transportation Safety. All projects undertaken on or near public rights-of-way shall be controlled in
accordance with the Texas Manual on Uniform Traffic Control Devices. Traffic control plans and measures,
including, but not limited to, signing, marking, barricading, flagging, detouring, and closure shall all be
conducted in accordance with Texas Manual on Uniform Traffic Control Devices criteria prior to lane
closure.
E.Inspections of Construction Work.
1.Compliance with City Specifications. All subdivision construction work, such as street grading, drainage
structures, curb and gutter, and installation of sanitary sewer and water systems, performed by the
subdivider or his or her contractor may be inspected during construction by the proper authority of the
City for compliance with this ULDC and other applicable City regulations.
2.Submittals for Approval. The construction of streets, curbs and gutters, alleys, drainage structures,
sanitary sewerage system, water system, and any other improvement shall be inspected and approved
by the City Engineer prior to release or refunding of any bonds or other improvement guarantees held
by the City and prior to their acceptance for maintenance by the City.
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Sec. 4.22 Development Types
A.Development Types. New developments that are primarily residential are classified into conventional,
cluster, infill, and cottage court development types. Development of any development type permitted in the
zoning district is at the option of the applicant. Where more than one development type is permitted in a
zoning district, no development type is mandatory. Refer to 2.21, Residential District Dimensional
Standards, for lot density and dimension standards related to each permitted development and housing type
combination.
B.Permitted Residential Districts. Table 4.22-1, Permitted Development Types by Residential District,
establishes the development types that are permitted in each residential zoning district.
Table 4.22-1
Permitted Development Types by Residential District
ER SR MR UR ARDevelopment Types "P" = Permitted | "--" = Not Permitted
Conventional P P P P --
Cluster --P ------
Infill ------P P
Cottage Court --------P
C.Applicability. This Section established standards that are specific or unique to the various permitted
development types.
D.Development Types.
1.Conventional.
a. Description. The conventional development type, as depicted in Figure 4.22-1, is a pattern that
allows primarily residential uses and that provides the majority of residential property owners with
private open space on their own property. A conventional development type consists of varying
housing types depending on the zoning district and minimum lot size is a primary factor in the
character built environment of the development.
b. Standards. All the requirements of this Article shall apply to conventional development types
unless otherwise specified.
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Figure 4.22-1
Conventional Development Type
.
2.Cluster.
a. Description. A cluster development type, as depicted in Figure 4.22-2, consists of smaller lots than
conventional development that are clustered together in order to provide for common civic and
open spaces. The common open space may be set-aside for resource features such as private
parks, recreation areas, woodlands, creeks, streams, and their riparian areas, floodplains, and
similar features. Cluster development may be used to preserve environmental resources by
clustering lots on the buildable portions of the property.
b. Housing Types. At least two permitted housing types as listed in Table 2.31-1, Consolidated Use
Table, shall be provided and no one lot size/configuration dwelling type may exceed a total of
70 percent of all the residential units in the development.
c. Minimum Site Area. The minimum site area required for a cluster development is 5 acres.
d. Common Civic and Open Space Requirements.
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i. Regardless of whether common open space is on privately or publicly owned property, the
space shall be open to the public at the same hours as a comparable City park.
ii. A minimum of 75 percent of the required civic and open space shall consist of the natural
area open space type per 3.34, Civic and Open Space Types. Open space shall be integrated
into the development design so as to bring access to significant open space to the maximum
number of properties; provided, however, that physical access may be limited if such
limitation would materially enhance natural resource management.
iii. Land area within the cluster development dedicated to permitted Community Facilities use
categories shall not exceed 10 percent of the total land area of the development. In addition,
such uses may be counted toward 10 percent of the common open space requirement
established in 2.21, Residential District Dimensional Standards. For example, a 20-acre cluster
development with single-unit attached and detached dwellings requires three acres (15% of
the development) of civic and common open space. The development may have up to two
acres of nonresidential uses and 13,068 square feet of the nonresidential development
counts toward the amenity space requirement.
e. Minimum Lot Area Adjacent to Other Development. Where adjacent to existing conventional
single-unit development, cluster development lots on the perimeter shall be:
i. Equal to or greater than the lot area and width of the adjacent lots;
ii. Separated from adjacent lots by a Type A bufferyard; or
iii. The dwelling units on the perimeter cluster lots shall be set back from the boundary of the
cluster development a minimum of the following distances based on the number of cluster
lots being developed:
(A) One to 10 lots: 30 feet;
(B) 11 to 30 lots: 40 feet; and
(C) 31 or more lots: 50 feet.
f. Distance from Residential Lots. All required common open space defined as amenity types shall be
located a maximum of 1,200 feet from any residential lot within the cluster development,
measured along a sidewalk or trail from the nearest property line of the lot to the nearest property
line of the open space.
g. Buffering Requirements. A bufferyard along the perimeter of the cluster development may count
toward the required common open space. However, no more than 25% of the total required open
space may be within the buffer yard.
h. Shoulders and Drainage Swales. Improved shoulders and drainage swales, designed in accordance
with design standards approved by the City Engineer, may be utilized rather than curbs.
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Figure 4.22-2
Cluster Development Type
.
3.Infill.
a. Description. An infill development type, as depicted in Figure 4.22-3, consists of smaller lots and
greater densities than conventional or cluster developments that make efficient use of land and
infrastructure on vacant or underutilized lots in already developed areas.
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Figure 4.22-3
Infill Development Type
b. Eligibility for Infill. An infill development type may be located on any parcel:
i. Minimum Site Area or Infill. The minimum area for an infill development shall be five acres.
ii. Vacant or Unoccupied. That is surrounded by existing developed properties and has been
vacant or unoccupied for more than one year;
iii. Utility Easements. Where adjacent properties abutting at least 50 percent of the non-street
perimeter of the subject property are utility easements that create a substantial break in
development or redevelopment potential;
iv. Environmental Constraints. Where adjacent properties abutting at least 50 percent of the
non-street perimeter of the subject property are encumbered by environmentally sensitive
or constrained areas such as floodplains; or
v. Existing Development. Where adjacent properties abutting at least 50 percent of the non-
street perimeter of the subject property are developed with single-unit dwellings of higher
density or intensity uses.
c. Appearance. Infill development shall be constructed to be generally compatible in appearance with
other existing structures in the context, as established in Paragraph d.vi, Context, below, that
comply with this Ordinance. This provision shall be satisfied by constructing the proposed
building(s) so that at least three of the following features are substantially similar to the majority of
other buildings in the context:
i.Roof pitch and overhang;
ii. Shape, size, and alignment of windows and doors;
iii. Front porches or porticos;
iv. Exterior building color; or
v. Location and style of garage or carport.
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d. Alternative Standards. In place of the standards in 2.21, Residential District Dimensional Standards,
and other standards of this ULDC, the applicant may utilize the following alternative standards.
i. Lot Area and Width. The minimum lot area may be that of the smallest lot in the context of
the development, as defined in Paragraph d.vi., Context, below. The minimum lot width may
be that of the narrowest lot in the context of the development. Refer to 7.64, Replat, for
requirements related to replatting existing lots.
ii. Maximum Building Height. The maximum building height may be that of the tallest building
in the context, plus 15 percent of the height.
iii. Minimum / Maximum Setbacks.
(A) The minimum front or street side setback may be that of 80 percent of the average
front or street side setbacks in the context of the development.
(B) The maximum front and street side setback, where applicable, may be that of the
average of the front and street side setbacks of the context of the development, plus 10
percent.
(C) The minimum side and rear setbacks may be that of 80 percent of the average side or
rear setbacks in the context of the development.
iv. Buffering. Except as required for specific uses in Division 2.3, Use Standards, where a buffer
is required along a street or parking area, or between zoning districts, the buffer width and
planting materials per 100 feet may be reduced by 50%.
v. Parking. The development may take advantage of the parking credits and reductions in
Sec. 3.35, Parking Credits and Reductions.
vi. Context. This Subsection identifies various contexts that inform the allowances provided in
Subsection d., Alternative Standards, above, and as depicted in Figure 4.22-4, Context
Illustrations.
(A) Alley Lot. If the infill site is an alley lot (shown in blue), then the context consists of
other adjacent alley lots and the surrounding lots within the block that includes the infill
site (shown in green).
(B) Corner Lot. If the infill site is a corner lot, then the context consists of both block faces
that include the infill site and the lots directly across the street from the infill site.
(C) Interior Lot. If the infill site is an interior lot, then the context consists of the block face
that includes the infill site and the lots directly across the street from the infill site.
(D) Lots in Unimproved Block Face. If the infill site is within a block face that does not
include other lots improved with buildings, then the context consists of the
opposing block faces (being immediately opposite the same street as the project site)
and the remaining lots on the block of the infill site.
(E) Lots in Unimproved Block. If the infill site is within a block that does not include other
lots improved with buildings, and the block face opposite the given project site does not
include other lots improved with buildings, then the context consists of the block
faces surrounding the block that includes the infill site.
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Figure 4.22-4
Context Illustrations
Alley Lot Corner Lot
Interior Lot Lots in Unimproved Block Face
Lots in Unimproved Block
4.Cottage Court.
f. Description. A cottage court development type, as depicted in Figure 4.22-5, broadens the diversity
of housing options available in the community to provide accessible, adequate, and affordable
housing. This development type may contain a group of single-unit detached houses, tiny houses,
attached houses, or townhouses typically arranged in a cluster of four to 12 dwelling units around a
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common open space, and may include a common building as an amenity (e.g., a common kitchen
or meeting area) and accessory building. Vehicular access may be provided by a shared parking lot.
g.Building Requirements.
i. Maximum Floor Area. Cottage court units shall include a total maximum floor area of
1,200 square feet.
ii. Minimum Site Area. The minimum site area for the development of a tiny house
neighborhood or cottage court development type shall be one-half acre. The maximum site
area shall be no greater than five acres.
iii. Common Areas. The following shall apply to both tiny house neighborhood and cottage court
development types:
(A) Common open space shall be a minimum of 30 percent of the overall site and shall
include a central green, lawn or garden area, playground, or plaza as a central focal
point of all dwellings.
(B) Common improvements of common area shall include pedestrian walkways connecting
each dwelling unit to a community-wide sidewalk network, shared parking areas or
garages, and a Type A bufferyard around the perimeter of the site that preserves
existing vegetation and incorporates landscape materials, earthen berm, or a wall or
fence to provide a visual buffer from adjacent development. See 3.43, Bufferyard
Landscaping.
(C) If a common building is permitted as accessory to a tiny house neighborhood and may
serve all residents. Its gross floor area shall be no greater than 10 percent of the site
area. A common building may include a kitchen and meeting and/or indoor recreation
facilities (but no bedrooms).
iv. Bufferyard Requirements. Where located adjacent to a separate property in an ER, SR, MR,
or mixed-use district, a Type A bufferyard in accordance with 3.43, Bufferyard Landscaping,
shall be planted around the outer perimeter of the community.
v. Required Vehicular Access to Cottage Court Development Types. A cottage court
development types require direct access from a local, minor, or collector street type.
vi. Garages. The following garage structure requirements shall apply to both tiny house
neighborhood and cottage court development types:
(A) If provided, detached garages serving more than one dwelling unit shall be accessed via
a private drive or alley.
(B) Garage doors are prohibited from facing public streets rights-of-way unless screened by
a Type B bufferyard.
(C) A garage shall not exceed four car bays.
(D) Garage buildings shall be consistent in architecture, materials, and color to the principal
dwellings.
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Figure 4.22-5,
Cottage Court Development Type
Sec. 4.23 Streets, Access Management, and Alleys
A.Circulation Pattern. The street pattern of a neighborhood should provide adequate circulation within the
subdivision and yet discourage excessive through traffic on local streets.
B.Major Arterials, Minor Arterials, and Collectors. In a subdivision, major arterial, minor arterial, and collector
locations and alignments shall be determined by the Major Thoroughfare Plan and, through the subdivision
plat approval process, the Planning and Zoning Commission.
C.Right-of-Way Width and Design, Curves, Access Management, and Intersections. In a subdivision, the right-
of-way width and design and the design of curves, access management, and intersections shall be as
described in Article III, Streets, of Chapter 109 of the Code of Ordinances.
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D.Culs-de-Sac. In a subdivision, culs-de-sac (dead-end streets with turnarounds) shall be subject to the
following:
1.Turnarounds. Turnarounds shall have a minimum right-of-way radius of 50 feet for a single-unit
residential use and 60 feet for apartments and nonresidential or mixed-use developments, except that
turnarounds where other than curb and gutter development is used shall have a minimum right-of-way
radius of 60 feet adjacent to land to be used for single-unit residences and 70 feet adjacent to land to be
used for other than single-unit residences.
2.Unpaved Islands. An unpaved island may be provided at the center of the cul-de-sac turnaround
provided that:
a. The island is surrounded by a mountable curb;
b. The surface of the island is landscaped or covered with decorative pavers;
c. Landscaping or other elements located in the island do not interfere with the sight triangle
established in Sec. 2.41, Measurements;
d. The island has a minimum radius of six feet and a maximum radius of 10 feet measured to the back
of the curb;
e. The island is owned and maintained by a homeowners' or property owners' association; and
f. The radii of both the right-of-way and pavement shall be increased 10 feet to accommodate the
island.
3.Maximum Length. The maximum length of a cul-de-sac shall be 800 feet, measured from the nearest
right-of-way line of the intersecting street, along the centerline of the cul-de-sac, to the center of the
turnaround, as depicted in Figure 4.23-1, Cul-de-Sac Measurement.
4.Temporary Turnarounds. Temporary turnarounds shall be used only where curb and gutter is not
installed at the end of a street more than 400 feet long that will be extended in the future, either
according to the plans of the subdivider or according to the Major Thoroughfare Plan. The base of
turnarounds shall be composed of six-inch stabilization with asphaltic topping.
5.Plats. Temporary turnarounds shall be indicated on a plat as a cross-hatched area. The subdivider shall
dedicate to the City a temporary easement for a turnaround until the street is extended (directional) in
a recorded plat.
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Figure 4.23-1,
Cul-de-Sac Measurement
FIGURE NOTES:
A = Nearest right-of-way line of intersecting street | B = Center of cul-de-sac turnaround
E.Alleys.
1.Minimum Width. The minimum right-of-way width for an alley shall be 20 feet and the minimum
pavement width shall be 15 feet. Corners shall have a maximum turning radius of 20 feet to permit safe
vehicular movement.
2.Alley Intersections. Alleys shall intersect other alleys and streets at right angles.
3.Dead-End Alleys Prohibited. Dead-end or cul-de-sac alleys shall be avoided unless natural resources,
such as floodplains or wetlands prevent their connection to a local street and there is no alternative
design that would serve all of the lots with alley access.
F.Partial or Half-Streets. Partial or half-streets in a subdivision may be provided if the subdivider proposes a
street to be located on a property line. Inside the City limits, the partial street may be dedicated, with a one-
foot reserve in fee along the property line. Outside the City limits, the following note shall be used on such
partial streets: "This foot strip is dedicated as an easement for all utility purposes including storm and
sanitary sewers and shall automatically become dedicated for street purposes when and insofar as a foot
strip adjacent to it is so dedicated."
G.Relation to Adjoining Street System.
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1.Extension. Proposed streets within a subdivision shall fully extend to the boundary lines of the tract to
be subdivided. The number of extended streets to the perimeter of the proposed subdivision shall
comply with Table 4.23-1, External Access Points.
2.Temporary Turnarounds. Temporary turnarounds may be required to be constructed at the end of such
stubbed streets, pending their extension, where such turnarounds are necessary to facilitate the flow of
traffic or accommodate emergency or service vehicles.
3.Surety. A stubbed street shall require an approved surety instrument for full value to convert the
stubbed street to a cul-de-sac or through street that complies with the standards in Subsection D, Culs-
de-Sac, and any applicable standards of the City Engineer. The surety shall remain effective for 10 years
in lieu of the continuation of such street.
Table 4.23-1,
External Access Points
Number of Buildable Lots Minimum External Access Points
30 or fewer 1
31 to 100 2
101 or more 3
Sec. 4.24 Lots and Blocks
A.Scope. In a subdivision, the lot design shall provide for lots of adequate width and depth as required in
Article 2, Zoning Districts and Dimensional Standards.
B.Lots.
1.Residential Street Frontage. Residential lots shall not front on collectors, arterials, or higher roadway
classifications.
2.Side Lot Lines. Lots shall be rectangular as far as practicable. Side lot lines shall be perpendicular or, for
curved streets or cul-de-sacs, radial to the street frontage. The following note may be in lieu of bearings:
"All side lot lines are either perpendicular or radial to street frontage unless otherwise noted."
3.Double Fronts. Double front or through lots are prohibited.
4.Rear and Side Driveway Access. Rear and side driveway access to interstates or expressways, principal
arterials and minor arterials shall be prohibited.
5.Corner Lots Siding on Major Streets. Corner lots with a width of less than 80 feet siding on interstates or
expressways, principal arterials, and minor arterials shall be at least 15 feet wider than the average
interior lots in the block.
6.Flag Lots.
a. Generally. Flag lots shall only be used to provide for vehicular access to the principal portion of a
lot through a and shall not be allowed if access to a public street in accordance with the minimum
property development standards set forth in Article 2, Zoning Districts and Dimensional
Standards, is available.
b. Panhandle. The portion of the lot shall only be used for vehicular access purposes.
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i. The staff portion of the lot shall be deed-restricted so that it shall only be used for ingress
and egress.
ii. The restriction must preclude the construction of any building, structure, wall, or fence
within those portions.
iii. The restriction must clearly indicate any portion of the staff that is to be used as a joint or
shared access.
c. Dimensions.
i. If a flag lot that is zoned for single or two-unit residential use derives access solely from its
own staff, the minimum width of the staff shall be 20 feet.
ii. If a flag lot that is zoned for any non-residential or multi-unit use derives access solely from
its own staff, the minimum width of the staff shall be 24 feet.
iii. If a flag lot derives its access in common with another lot, the combined common access shall
have a minimum width of 20 feet.
7.Minimum Lot Dimensions for Plats in ETJ. In a subdivision for a new plat in the ETJ, the minimum lot
dimensions shall be as follows:
a. Width. The minimum width shall be 50 feet.
b. Depth. The minimum depth shall be 100 feet.
c. Radial Lots. Radial lots shall have a minimum width of 40 feet at the building line.
d. Lot Area. The lot area shall be a minimum of 5,400 square feet.
e. Corner Lots.
i. Corner lots are to be five feet wider than the average interior lots in the block.
ii. Corner lots with a width of less than 80 feet siding on interstates or expressways, principal
arterials and minor arterials shall be at least 15 feet wider than the average interior lots in
the block.
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Figure 4.24-1,
Block Length and Width Measurement
C.Blocks.
1.Numbering.
a. Blocks shall be numbered consecutively within the overall plat or sections of an overall plat as
recorded.
b. All lots shall be numbered consecutively within each block. Lot numbering continues from block to
block in a uniform manner that has been approved on an overall preliminary plat.
2.Length.
a. Except in the ER, MU, and SJ zoning districts, the maximum block length for a residential
subdivision shall be 1,200 feet measured along the centerline of the block (along the rear property
lines and as depicted in Figure 4.24-2, Block Length and Width Measurement).
b. In the ER zoning district, the maximum block length shall be 2,400 feet. In the MU zoning districts,
the maximum block length shall be 600 feet. In the SJ zoning district, the maximum block length
shall be 600 feet and maximum block perimeter shall be 1800 feet.
c. The minimum block length shall be 200 feet.
3.Depth.
a. Residential blocks shall be of sufficient depth, measured along the corner side lot lines of the end
lots as depicted in Figure 4.24-2, Block Length and Width Measurement, to allow for two tiers of
lots.
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b. Nonresidential and mixed-use blocks should be of a depth suitable for the intended use, with due
allowance for off-street parking, cross access, and loading facilities.
Figure 4.24-2,
Block Length and Width Measurement
FIGURE NOTES:
A = Block Length | B = Block Depth
Sec. 4.25 Easements
A.Generally.
1.Types of Easements. During development review, a development review body may require a variety
of easements. These easements may be for purposes including, but not limited to:
a. Water, Wastewater, and Other Utilities;
b. Street lights;
c. Drainage, floodways, and floodplains;
d. Emergency access;
e. Cross access;
f. Pedestrian access; and
g. Natural resource, open space conservation, etc.
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2.Dedication and Utility Placement. The subdivider shall dedicate easements to the public that allow every
lot within a subdivision to have access to services listed in Subsection 1, Types of Easements,
above. Alternatively, the City Engineer may allow such services within the public right-of-way.
3.Location of Infrastructure. The location of infrastructure within a utility easement shall be below grade,
except where the utility provider requires their facilities to be located above grade. All easement
locations and their placement shall be resolved with the utility companies prior to Preliminary Plat
approval.
4.Form. All required covenants and easement instruments shall be submitted on a form acceptable to the
City Attorney.
B.Utility Easements.
1.Utility Easement Width. All utility easements shall be in compliance with Article II, Easements, of
Chapter 109 of the Code of Ordinances unless the requirements of Subsection B.2, Reduced Easement
Widths, are met that allow for reduced easement width.
2.Reduced Easement Width. The City Engineer may allow reduced easement width.
a. The utility provider or developer shall submit a written request to the City Council clearly
identifying:
i. The hardship or physical circumstances that are the basis for the reduction request;
ii. A Site Development Plan or identification on a Plat illustrating the location of the reduced
width easement request; and
iii. A legal description of the easement.
b. When the subject property is adjacent to a previously approved and platted subdivision under
common ownership or where additional easement width was previously dedicated by a separate
instrument the required easement width of 16 feet may be reduced to eight feet. The subdivider
shall demonstrate the right to utilize this previously recorded easement by providing the notation
on the approved Plat for the adjacent property certifying the ownership and dedication of the
easement.
C.Street Lights. Where street lights are required or proposed, the applicant shall provide street light easements
necessary to serve such lights where it is not feasible to install the street light wiring in the public right-of-
way. Street light easements shall be a minimum of five feet in width, and shall not interfere with clear
passage or use of sidewalks.
D.Drainage Easements.
1.Location and Width. The location and width of a drainage easement in a subdivision shall be determined
by the City Engineer for plats within the City limits and by the County Flood Control Engineer for plats
outside the City or within the City adjacent to bayous or other major drainage facilities for which flood
control is primarily responsible.
2.Plat Note. An easement for drainage adjacent to lots, tracts, or reserves shall be noted: "This easement
shall be kept clear of fences, building, planting and other obstructions to the operations and
maintenance of drainage facility, and abutting property shall not be permitted to drain into this
easement except by means of an approved drainage structure."
3.Dedication and Acceptance. The dedication of any drainage structure or facility used for the retention or
detention of stormwater shall be accepted only at the City's option.
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4.Standards. Drainage easements shall meet the requirements of Article II, Easements, of Chapter 109 of
the Code of Ordinances.
E.Cross-Access and Shared Access Easements. The subdivider shall provide cross-access and shared access
easements, as depicted in Figure 4.25-1, Cross-Access and Shared Access, for multifamily, nonresidential, and
mixed-use developments that front on locally maintained collector or arterial streets, subject to the following
standards. Such easements may be provided at the front or at the back of a group of lots, depending on the
anticipated amount of pedestrian activity for the development.
1.Separate Ownership. Where adjacent properties are separately owned and not part of a common plan
of development, the City may encourage shared access or internal cross-access easements, or both, as
the parcels are platted, substantially improved, or redeveloped. As such, the City Engineer may grant a
subdivider temporary individual access if:
a. The subdivider demonstrates that the adjacent landowner refused an offer with regard to
cross-access; and
b. The subdivider demonstrates that the proposed temporary or permanent access will not materially
affect the safe and efficient flow of traffic.
2.Common Ownership or Phased Subdivisions. Phased subdivisions, subdivisions under the same
ownership, or parcels that are consolidated for the purposes of development and comprised of more
than one building shall provide cross-access and shared access easements as follows:
a. The property proposed for development shall include cross-access easements with connections to
abutting cross-access points or, if the abutting property is undeveloped or without cross-access
points, stub-outs at locations on the property that allow for a connection in the future. In addition,
if the abutting property is undeveloped or is without a driveway suitable for sharing, the property
proposed for development shall include a shared access easement on its perimeter, in a location
suitable for sharing access to the street with the abutting property in the future;
b. The subdivider shall record a covenant to allow for future connection of shared access and cross-
access stub-out easements to comparable facilities on abutting parcels when they develop or are
redeveloped; and
c. Cross-access easements shall be a minimum of 15 feet in width.
3.Exceptions.
a. There are some circumstances in which providing cross-access is not feasible. These circumstances
include:
i. A lot that is part of a development and is not planned to have a driveway sells before an
adjacent lot that is planned to have a driveway; or
ii. A neighboring property owner is unwilling to cooperate with an applicant who is attempting
to provide cross-access.
b. In these circumstances, an additional driveway to provide necessary access may be considered
based on a review by the City Engineer. The applicant must be able to demonstrate a reasonable
effort to provide cross-access.
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Figure 4.25-1,
Cross-Access and Shared Access
FIGURE NOTES:
A = Joint (Shared) Access | B = Increased Spacing | C = Cross Access | D = Temporary Curb Cuts Closed
F.Pedestrian Access Easements. Except for subdivisions where all lots are greater than 10 acres in the ER
zoning district, the subdivider shall provide the following pedestrian access easements across a maximum of
two tiers of lots. A pedestrian access easement shall be a minimum of 10 feet in width and shall include an
all-weather surface with a minimum width of five feet.
1.Mid-block Pedestrian Connections. The subdivider shall provide mid-block connections in the form of a
pedestrian access easement to bisect blocks greater than 800 feet in length, where such blocks abut an
arterial or collector street. In addition, the subdivider shall provide such mid-block connections to
establish linkages to common facilities, such as parks, open areas, and uses listed in Subsec. 2.32-4,
Public and Civic Use Categories.
2.Cul-de-Sac Turnaround Pedestrian Connections. The subdivider shall provide a pedestrian access
easement that connects the cul-de-sac turnaround to existing or proposed sidewalks, trails, public and
civic uses, and other cul-de-sacs, as depicted in Figure 4.25-2, Pedestrian Connections.
3.Trails. Off-street bicycling and pedestrian trails shall be developed in accordance with the City's Parks,
Recreation, Trails, and Open Space Master Plan, to link major attractions and destinations throughout
the City, including neighborhoods, public and civic uses, employment centers, and shopping areas. In
addition, a subdivider may provide such trails or multi-use pathways in the ER zoning district in lieu of
sidewalks where all lot widths exceed 200 linear feet in width. Maintenance responsibilities shall be
established at the time of a Preliminary Plat. Such proposal shall provide better pedestrian and bicycle
access and connectivity to sidewalks or other off-street trails or multi-use pathways on the perimeter of
the parcel proposed for development than if the subdivider had provided conventional sidewalks as
required in this Section.
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Figure 4.25-2,
Pedestrian Connections
FIGURE KEY:
A = Connection between Cul-de-Sacs | B = Connection to Future Phase | C = Mid-Block Connection to Arterial or Collector Street
G.Conservation Easements.
1.Permanent Preservation. Conservation easements are required in order to permanently preserve
common open space required by this ULDC, and to protect natural resources that are required to be
protected.
2.No Destructive Encroachment. Other easements that may result in the disturbance of land shall not be
permitted to encroach into a conservation easement, except that pedestrian access easements and non-
destructive utility and drainage easements are permitted within areas protected by conservation
easements.
3.Responsible Party. Conservation easements shall provide for permanent management and maintenance
of the property by a responsible party, such as the City, a nonprofit land trust, a Public Improvement
District, or a homeowners' or property owners' association.
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I.Buildings on Utility Easements.
1.License to Encroach Required. Any person wishing to place a structure on a utility easement or public
right-of-way shall apply for an Easement Encroachment License in accordance with Sec. 7.315.
2.Assumption of Risks by Builder. Any person who builds, erects, or constructs a structure over a utility
easement assumes all of the risks incident to such construction, and the City shall never be liable for any
damage occasioned to any such structure because of the granting of permission to build or construct
such or because of the supervision, operation, and maintenance of any utility line, whether such is in an
easement granted to the City for that purpose or privately constructed.
3.Tunneling Beneath or Excavating through Floor or Foundation to Inspect or Repair Utility Installations. If,
in the course of maintenance and supervision of utility over which a structure has been built or erected,
it becomes necessary to tunnel beneath or excavate through the floor or foundation of such
structure for the purpose of making inspections or repairs, the person owning such structure and
their successors or assigns shall bear all of the expense and damage occasioned to such structure
because of such tunneling or excavation. In addition, such person shall likewise bear the added cost
incurred by the City in tunneling beneath or excavating through the floor or foundation of such
structure for the purpose of making such inspections or repairs, the amount of which added cost is to be
determined by the Planning Director, and such amount shall be paid promptly to the City.
K.Private Easements. In a subdivision, platting of public streets or easements across private easements or fee
strips shall be subject to the following:
1.Easement Instrument. A copy of the instrument establishing any private easement shall be submitted
with the Preliminary Plat.
2.Definition of Easement. Easement boundaries must be tied by dimension to adjacent lot and tract
corners. Where the private easement has no defined location or width, an effort shall be made to reach
an agreement on a defined easement. Where no agreement can be reached, pipelines, electrical lines or
other facilities shall be accurately located and tied to lot lines, and building setback lines shall be shown
at a distance of ten feet from and parallel to the centerline of the pipeline.
3.Responsibility for Existing Facilities. Prior to approval of the Final Plat, the subdivider of any subdivision
plat wherein public streets or easements are shown crossing private easements or fee strips shall, by
letter to the City Engineer, assume responsibility for seeing that any adjustments and protection of
existing pipelines, electrical transmission lines or other facilities shall be planned and provided for to the
satisfaction of the holder of the private easements or fee strips and the City Engineer prior to the filing
of the plat for record.
4.Requirements. Prior to filing of the Final Plat for record, the following requirements shall be met:
a. The subdivider shall obtain from the holder of any private easement or fee strip within the plat
crossed by proposed streets or other public easements an instrument granting to the public the use
of the public streets or easements over and across the private easements or fee strips for
construction, operation, and maintenance of those public facilities normally using the type of
public streets and easements indicated. This instrument shall be delivered to the Planning Director
to be recorded along with the plat.
b. The subdivider shall furnish the Planning Director with a letter from the holder of the private
easements or fee strips in question stating that arrangements in pipelines, electric transmission
lines, or other similar facilities have been made to the satisfaction of the holder of the easement.
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c. All other easements shall meet the requirements set forth in Article II, Easements, of Chapter 109
of the Code of Ordinances.
Sec. 4.26 Sidewalks and Accessibility
A.Generally. The applicant shall install sidewalks along all public and private streets prior to the issuance of a
Certificate of Occupancy. The applicant shall install sidewalks along both sides of all public and private
streets prior to acceptance of subdivision improvements. This requirement applies to all land uses and street
classifications, except as modified in this Section.
B.Sidewalk Location.
1. Sidewalks shall be provided between the right-of-way line and the edge of the pavement, as depicted in
Figure 4.26-1, Sidewalk Location.
2. Sidewalks shall be designed to provide direct access to common facilities, such as parks, open areas,
public and civic uses, employment centers, shopping areas, or other facilities that provide greater
continuity of the pedestrian network or subdivision as a whole.
3. Sidewalks may also be installed in pedestrian access easements where adequate public right-of-way is
not available.
Figure 4.26-1, Sidewalk Location
C.Subdivision Construction Plans. Sidewalks shall be shown on the construction plans for the subdivision,
which shall note when sidewalks shall be installed and by whom.
D.Curb Ramps. Wheelchair ramps shall be provided at all necessary intersections and as required by the Texas
Accessibility Standards.
Sec. 4.27 Public Water and Wastewater Systems
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A.Purpose. The purpose of this Section is to provide for the adequate extension of water and
wastewater service within and adjacent to the City and to distribute the costs of such extensions among the
users requiring such extensions.
B.Effective Date. Every property platted on or before April 24, 1980, and on which there are existing water or
wastewater lines shall be exempt from the connection charge established in this Section.
C.Compliance required. It shall be unlawful to serve or connect any property with water and
wastewater connections without complying with the connection procedures of this Section.
D.Petitions.
1.City's Construction of Water and Wastewater Lines in Public Easements. The City shall construct water
and wastewater lines under this Section only in public easements. All such lines when constructed shall
remain the property of the City, and no person shall, by the payment of the connection charge or any
other charge provided for in this Section, acquire any interest or right in any lines, other than the
privilege to have their or her property connected thereto for water or wastewater service in accordance
with City ordinances.
2.Applications for Extension of Water or Wastewater Lines. Any applicant who desires an extension of a
City water or wastewater line to serve their property shall make a written application to the City
Engineer requesting such extension and supplying all information requested in the application form to
be furnished by the City Engineer, in order for the City Engineer to properly consider such request. The
request shall include but not be limited to the name and contact information of each signer. The request
shall designate one person as trustee, who shall represent the petitioners and to whom all
correspondence from the City will be addressed and who shall be responsible for notifying other
petitioners of the city's action and for obtaining additional information that may be needed.
3.Feasibility Determination. Under this Section, the City Engineer may approve a project within the City or
outside the City but inside the City's extraterritorial jurisdiction if the City Engineer determines the
project is feasible based upon but not limited to the following factors:
a. The economic practicability considering the cost of the project to the City;
b. The anticipated revenue;
c. The availability of funds;
d. The engineering feasibility considering plans approved by the City;
e. Plant capacity;
f. Trunk line capacity; and
g. Benefits to the City.
4.Advance Payment. Under this Section, the City may extend lines to an area, provided the applicant pays
to the City in cash and in advance of the City's initiating preliminary work on the project an amount of
money to be determined by the City Engineer, but the amount advanced shall not be less than one-half
the estimated cost of the project.
5.Rates for Extensions.
a. The City Engineer may extend water or wastewater lines in the streets, alleys, or other rights-of-
ways or easements, as provided in this Section, in order to permit connections by persons desiring,
seeking, or needing water or wastewater service. A connection charge shall be made against each
lot or tract of land and the applicant whose water or wastewater line shall be connected with any
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water or wastewater main constructed within the City, whether contracted for before or after the
effective date of this Section.
b. If an applicant's property lies upstream of a City line and the developer extends the minimum size
line required by the City at that location across the entire frontage of the property in accordance
with City standards, the connection fee for that line will not apply for that property.
E.Developments.
1.Application.
a.Subdivisions. Any applicant desiring to develop land as a subdivision and to install water or
wastewater lines shall submit plans and specifications for approval in accordance with this
ULDC and the City's Engineering Standard Details. Construction of such lines shall not commence
until the plans and specifications have been approved by the City Engineer; the Preliminary Plat has
been approved by the Planning and Zoning Commission; and a permit issued authorizing such
construction.
b. Construction by Other Developers. Any owner or developer desiring to develop land and to provide
water or wastewater services shall submit plans and specifications for all lines constructed within
public easements to the City Engineer for approval prior to beginning construction and in
accordance with this ULDC.
2.Developer to Construct lines. All applicants shall install, at their own expense, water and
wastewater lines necessary to serve the land they are developing. They will likewise construct at their
own expense any and all lift stations and pump stations to provide water and wastewater service to
such land.
3.Acceptance. All water and wastewater lines constructed under this Section shall, upon approval and
acceptance by the City Engineer, become the property of the City subject to its exclusive control and
maintenance. All such water and wastewater lines shall be constructed in public easements or public
rights-of-way.
4.Cost-Sharing of Water and Wastewater Lines.
a. The cost of water and wastewater mains that are required by the City to be larger than would
normally be needed to serve the subdivision shall be cost-shared between the applicant and the
City. The City's cost-shared amount will be the difference between the cost of installing the City's
larger required line size and the cost of installing the minimum size that would be adequate as
determined by the City Engineer to serve the subdivision or waterlines over six inches in diameter
and sanitary wastewater lines over eight inches in diameter, whichever is greater. A
reimbursement contract will be negotiated between the City and the applicant prior to
construction of the lines.
b. The City will take bids based upon the plans and specifications prepared by the applicant and
approved by the City Engineer for the lines required. The applicant will advance all costs of such
line to the City prior to the award of the construction contract. However, any adjustments in the
final cost of the contract shall be paid prior to the City providing service to the land.
c. The provisions in Paragraph b., above, may be altered if expressly done so in writing and
incorporated into the reimbursement contract.
F.Impact Fees.
1.Purpose. This Subsection is intended to ensure the provision of adequate public facilities to serve new
development in the service area by requiring each such development to pay its pro rata share of the
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costs of water and wastewater capital improvements necessitated by and attributable to such new
development.
2.Authority. This Subsection is adopted pursuant to Texas Local Government Code Chapter 395, Financing
Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other
Local Governments, and the Charter of the City of Baytown. The provisions of this Subsection shall not
be construed to limit the power of the City to utilize other methods authorized under state law or
pursuant to other City powers to accomplish the purposes set forth in this ULDC, either in substitution
for or in conjunction with this Subsection.
3.Generally.
a. Except as otherwise provided in this Subsection, each new development within the City limits
and/or extraterritorial jurisdiction shall pay an impact fee for water and wastewater improvements
and/or facilities necessitated by and attributable to that development. Impact fees shall be
assessed against and collected from new development on the basis of service units.
b. The impact fee per service unit that shall be assessed against new development and collected as
established in paragraph F.4, below.
c. The City Council may amend impact fees to be collected from new developments without
amending its Capital Improvements Plan as long as the impact fees to be collected do not exceed
the maximum impact fees per service unit that may be assessed for such facilities.
d. The City Council may reduce or waive an impact fee for service units located within a neighborhood
empowerment zone created in accordance with Texas Local Government Code
Chapter 378, Neighborhood Empowerment Zone, that qualifies for such reduction or waiver under
such zone, once the service unit is constructed. If the service unit is not constructed, the City
Council may reverse its decision to waiver or reduce the impact fee and the City Council may assess
an impact fee at any time during the development approval or building process or after the
building process if an impact fee was not already assessed.
4.Assessment of Fees. Assessment of impact fees against new development shall be based on the
maximum impact fee per service unit, established by the City Council. The time of the assessment shall
be in accordance with Chapter 395 of the Texas Local Government Code.
5.Time of Fee Collection. Impact fees shall be collected at the time of issuance of Building Permits. In the
event that a Building Permit is not required prior to development, collection shall be at the time of
connection to the City's system.
6.Computation of Fees. The City Engineer shall compute the impact fees in the following manner:
a. Except as otherwise provided in this Subsection, the amount of the impact fee due shall be
determined by multiplying the number of service units generated by the new development by the
impact fee per service unit then in effect.
b. In the event that the new development involves the razing or removing of existing structures, the
capacity utilized by such use or structure shall be converted to service units using the equivalent
dwelling unit table. If the service required for the new development exceeds such reserved
capacity, the service units equivalent to the previously utilized capacity shall be subtracted from
the total number of service units attributable to the new development, and the amount of the
impact fee due shall be the number of additional service units multiplied by the impact fee per
service unit then in effect.
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c. The amount of each impact fee due shall be reduced by any allowable credits in the manner
provided in Paragraph F.10., Impact Fee Appeals, below.
d. The amount of each impact fee due for a new development shall not exceed an amount computed
by multiplying the maximum impact fee per service unit in effect at the time the new development
was assessed by the number of service units generated by the development.
e. If the applicant proposes to increase the number of service units for development following
payment of the impact fee, the additional impact fees collected for such new service units shall be
determined in the same manner as provided in this section.
7.Determination of Service Units. The number of service units attributable to a new development shall be
determined by using the following equivalent dwelling unit Table 4.27, Equivalent Dwelling Units for
Various Types and Sizes of Water Meters, established by the City Council, which may be amended from
time to time:
Table 4.27-1,
Equivalent Dwelling Units for Various Types and Sizes of Water Meters
Meter Type Meter Size Continuous Duty Maximum Rate (gpm)Ratio to ⅝" Meter
Simple ⅝" × ¾"20 1.0
Simple ¾"30 1.5
Simple 1"50 2.5
Simple 1½"100 5.0
Simple 2"160 8.0
Compound 2"160 8.0
Turbine 1"160 8.0
Compound 3"320 16.0
Turbine 3"350 17.5
Turbine 3"350 17.5
Turbine 4"500 25.0
Compound 6"1,000 50.0
Turbine 6"1,300 65.0
Table notes:
gpm = gallons per minute
8.Credits and/or Offsets Against Impact Fees.
a. An applicant for a new development who constructs or finances a capital improvement or facility
expansion included in the capital improvements plan pursuant to a development agreement
approved by the City Council on or after August 12, 2004, shall, at the City Council election, either:
i. Receive a credit against the impact fees otherwise due from the new development; or
ii. Be reimbursed for such costs from impact fees paid from other new developments that will
use such capital improvements or facility expansions, which fees shall be collected and
reimbursed to the applicant at the time the other new development records its plat.
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b. A credit or offset associated with a plat shall be applied against an impact fee due at the time that
the first fee for the new development is collected, and thereafter to all subsequently collected fees,
until the credit or offset is exhausted.
10. Accounting.
a. All impact fees collected within the City and its extraterritorial jurisdiction shall be deposited in a
dedicated fund to which interest is allocated. All such amounts, together with all interest earned on
the fund, shall be used solely for the purposes set forth in Paragraph (b).
b. The impact fess collected pursuant to this article shall be used in conformance with the
requirements of Chapter 395 of the Texas Local Government Code.
c. Disbursement of funds shall be made at such times as are reasonably necessary to carry out the
purposes intended by this Subsection; provided, however, that funds shall be expended within a
reasonable period of time, but not to exceed ten years from the date of payment.
d. An owner of property for which an impact fee has been paid is entitled to a refund for all or a
portion of the fee in the following circumstances:
i. Upon application, any impact fee collected pursuant to this Subsection, that has not been
expended within the service area within ten years from the date of payment, shall be
refunded to the record owner of the property for which the impact fee was paid together
with interest pursuant to Section 395.025 of the Texas Local Government Code. However, if
the impact fee was paid by another political subdivision or governmental entity, payment
shall be made to the political subdivision or governmental entity. An impact fee shall be
considered expended on a first-in, first-out basis. An impact fee shall also be considered
expended if the total expenditure for facilities and improvements included in the capital
improvements plan, as may be amended from time to time, within the service area within
ten years following the date of payment, exceeds the impact fees collected within the service
area during such period.
ii. If a refund is due pursuant to Paragraph i., above, the City shall divide the difference
between the amount of expenditures and the amount of the fees collected by the total
number of service units for which impact fees have been paid within the service area for the
period to determine the refund due per service unit. The refund to the owner shall be
calculated by:
(A) Multiplying the refund due per service unit by the number of service units of the
development for which the fee was paid; and
(B) Determining interest due based on the amount calculated under Paragraph a., above.
e. The City shall establish adequate financial and accounting controls to ensure that impact fees
disbursed from the fund are utilized solely for the purposes authorized. The City shall maintain and
keep financial records for impact fees, that shall show the source and disbursement of all fees
collected in or expended.
11.Impact Fee Appeals.
a. The applicant for a new development may appeal the following administrative decisions to the City
Manager:
i. The applicability of an impact fee to the development;
ii. The amount of the impact fee due;
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iii. Classification of the development under the equivalent dwelling unit table;
iv. The applicability of the credit or an offset to the development;
v. The amount of a credit or of an offset; or
vi. The amount of a refund due, if any.
b. The burden of proof shall be upon the applicant to demonstrate that the administrative decision
was not made in accordance with this Subsection or applicable state law.
c. The applicant shall file a written notice of appeal with the Planning Director within 30 days
following the date of the decision from which an appeal is made. If the notice of appeal is
accompanied by a payment or other sufficient security satisfactory to the department in an
amount equal to the original determination of the impact fee due, the development application
may be processed while the appeal is pending. Each appeal must include a processing fee equal to
$200.00.
d. No person shall have any right to appeal for relief to any court in regard to any matter covered by
this Subsection until after such person has exhausted the appeal procedure provided for in this
Subsection.
12.Relief Procedures. Any person who has paid an impact fee, or an owner of land for which an impact fee
has been paid, may petition the City Council to determine whether any duty required by this
Subsection or by Chapter 395 of the Texas Local Government Code has not been performed within the
time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duties
and request that the duties be performed within 60 days of the request. If the City Council determines
that the duty is required pursuant to this Subsection and is late in being performed, it shall cause the
duty to commence within 60 days of the date of the request and to continue until completion. This
Paragraph shall not apply to matters subject to appeal pursuant to Paragraph 10, Impact Fee Appeals,
above.
Sec. 4.28 Storm Drainage and Detention
A.Design and Construction. Drainage and detention facilities and systems shall be designed and constructed in
accordance with Article IV, Stormwater Drainage, of Chapter 109 of the Code of Ordinances within the limits
of each subdivision.
B.Setback and Screening. Detention facilities shall be setback at least 30 feet from all public rights-of-way and
shall be screened from view from public streets. Detention facilities may encroach into the required 30-foot
setback if they are designed and maintained as a landscaped feature. Detention facilities must be separated
from all adjacent uses by an opaque screen.
Sec. 4.29 Street Names, Street Lights, and Fire Hydrants
A.Street Names and Street Signs.
1.Approval of Street Names. Street names shall be provided on the Preliminary Plat. The City Council shall
approve street names concurrently with the approval of the plat.
2.Naming Conventions. Streets shall be named according to the following conventions:
a. Names shall not duplicate and shall be sufficiently different in sound and in spelling from the name
of any existing street in the County in which the subdivision is located.
b. Streets that extend existing streets shall be assigned the same name as the existing street.
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c. Streets that are on the same alignment as an existing street shall be given the same name as the
existing street.
d. No street shall use the same name as an existing street, modified by the term street, avenue, road,
court, etc. Only where a single cul-de-sac or loop street comes off a street may the words place,
lane, court, or terrace, be used.
3.Signs. Street name signs within all subdivisions shall be installed in accordance with the standards set
forth in Sec. 109-78, Article III, of Chapter 109 of the Code of Ordinances.
B.Street Lights. Street lights shall be provided in accordance with the standards set forth in Sec. 109-7, Article
III, of Chapter 109 of the Code of Ordinances.
C.Location of Fire Hydrants.
1.Residential. Fire hydrants shall be spaced no further than 500 feet apart along access ways in residential
developments.
2.Nonresidential and Mixed Use. Fire hydrants shall be spaced no further than 300 feet apart along access
ways in nonresidentiual and mixed-use developments. In such developments, fire hydrants shall be
required in accordance with the City's Fire Prevention Code in Section 38-61 of the Code of Ordinances.
Sec. 4.210 Markers and Monuments
A.Generally. The subdivider's registered professional land surveyor shall provide reference monuments and
markers in the subdivision, based on the Texas Coordinate System of 1983, South Central Zone, and
elevations based on Geoid99 NAVD88 referenced to approved city monumentation and utilizing survey grade
(RTK) procedures.
B.Permanent Markers. The surveyor of record shall install permanent markers at all corners of block lines,
control points, and at the points of curvature. Such markers shall be iron rods or pipes of magnetic quality.
The surveyor shall place the rod below the finished grade, at the required locations.
C.Control Points. Control points are any property corner of any tract, parcel, or lot which is not square or
rectangular.
Division 4.3 Public Improvements, Dedication, and Acceptance
Sec. 4.31 Dedication of Improvements
A.Generally.
1.Exceptions. It shall be unlawful for any person to construct any improvement, other than public
improvements such as streets, utilities and drainage structures, in any development that has not had its
Final Plat approved in accordance with 7.63, Final Plat, and recorded with the County Clerk, except if:
a.Model Homes. Within a phased development containing public improvements that have not yet
been finally accepted, a developer constructs no more than four model homes, provided that:
i. All off-site drainage or regional improvements have been installed, inspected and accepted
by the city;
ii. Each model home is inspected and found to meet all building, plumbing and fire code
requirements prior to being opened to observation by the public; and
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iii. The home will not be sold or occupied as a dwelling unit until all public improvements within
that phase have been completed and accepted by the city; or
b.Other Development Activities. No extension of a street, public utility, or other public improvement,
excluding a sidewalk, is required to support the proposed development of:
i. Property subdivided prior to July 13, 1978;
ii. An accessory building built on the same lot as a single-unit dwelling provided no additional
drainage improvement is required by this ULDC to support such accessory building; or
iii. An addition or alteration to a single-unit dwelling existing on January 22, 2012; provided no
additional drainage improvement is required by this Code to support such addition or
alteration.
2.Engineering Report. Plans and specifications for water, sewer, paving, and drainage prepared by an
engineer registered in the state and approved in writing by the City Engineer shall be submitted in such
forms and numbers determined by and to the City Engineer prior to the beginning of any construction of
the subdivision. The submittals shall contain state plane coordinates south central zone based on NAD
83 and elevations based on Geoid99 NAVD88 referenced to approved city monumentation and utilizing
survey grade (RTK) procedures.
Sec. 4.32 Installations and Guarantees
A.Generally. If the subdivider chooses to file security in lieu of completing construction prior to the Final Plat
approval for recordation, he or she may utilize one of the methods set out in this subsection. Generally, the
method is at the subdivider's discretion. However, if the City Engineer finds that past activity of the
subdivider provides cause to require a certain type of security, then the type of security shall be decided by
the City Engineer. If the subdivider chooses to file security, the plat shall not be approved for recordation
unless the subdivider has done one of the following:
B.Performance Bond. The subdivider has filed with the City Engineer a bond executed by a surety company
holding a license to do business in the state, and acceptable to the City, in an amount equal to the cost of the
improvements required by this ULDC, and within the time for completion of the improvements as approved
by the City Engineer. The performance bond shall be approved as to form and legality by the City Attorney.
C.Escrow Account. The subdivider has opened an escrow account sufficient to pay for 120 percent of the
estimated cost of required improvements as determined by the City Engineer computed on a private
commercial rate basis and the subdivider provides to the City evidence of such escrow account. Additionally,
the subdivider shall:
1.Written Agreement. Enter into a written agreement with the City by which the subdivider authorizes the
City to make such improvements at prevailing private commercial rates or have the same made by a
private contractor and pay for the same out of the escrow account should the subdivider fail or refuse
to install the required improvements within the time stated in such written agreement;
2.Draw on Account. Upon written approval of the City Engineer that the subdivider has made required
improvements, the subdivider may draw upon the escrow account so long as sufficient funds remain in
the escrow account to complete any required improvements not yet made; and,
3.Release of Funds. Any and all funds remaining in the escrow account after completion of improvements
and acceptance of all such improvements by the City Council shall be promptly released by the City to
the subdivider.
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D.Letter of Credit. The applicant has filed with the Planning Director a letter, on the form provided by the City,
signed by the principal officer of a local bank or local federally insured savings and loan association or other
financial institution acceptable to the city, agreeing to pay to the City, on demand, a stipulated sum of money
to apply to the estimated cost of installation of all improvements for which the subdivider is responsible
under this Code. The guaranteed payment sum shall be estimated costs and scheduling as approved by the
City Engineer. The letter shall state the name of the subdivision and shall list the improvements for which the
subdivider is required to provide.
Sec. 4.33 Acceptance
A.Procedure for Acceptance.
1.Required Documents. When construction of the required improvements is complete, the subdivider's
licensed professional engineer shall notify the City Engineer in writing and request an inspection of the
work.
2.Initial Inspection. The City Engineer shall inspect the improvements and issue a punch list of any
deficiencies.
3.Existing Conditions. The inspection shall document the existing condition of all public improvements and
appurtenances. The public improvements and appurtenances shall be in compliance with all federal,
state, county, and applicable municipal regulations, codes, statutes, and policies in effect at the time of
the request for acceptance.
4.Scheduling Final Inspection. The subdivider shall schedule the final inspection within 30 days of the
initial inspection or a complete reinspection may be required along with a new punch list of deficiencies.
5.Preliminary Acceptance. After all deficiencies have been corrected and a final inspection has been
satisfactorily completed, the City Engineer shall accept the improvements.
6.Remedies. The City Engineer shall not preliminarily accept any further improvements until the
subdivider remedies all noted deficiencies.
B.Release of Bond. The City Engineer shall release the construction security, if applicable, when all applicable
public improvements are accepted into the City maintenance system.
ARTICLE 5 ENVIRONMENTAL MANAGEMENT
Contents:
Division 5.1 Flood Damage Prevention
Division 5.1 Flood Damage Prevention
Sec. 5.11 Flood Damage Prevention
Chapter 110, Floods, of the City's Code of Ordinances, provides standards to minimize losses due to flood
conditions.
ARTICLE 6 DEVELOPMENT REVIEW BODIES
Contents:
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Division 6.1 Legislative and Quasi-Judicial Bodies Established and Authorized
Division 6.2 Administrative Bodies Established and Authorized
Division 6.1 Legislative and Quasi-Judicial Bodies Established and Authorized
Sec. 6.11 City Council
A.Generally. The City Council of the City of Baytown is established in Sec.28., Ordinances, in the Code of
Ordinances.
B.Powers and Duties.
1.Development Review. The City Council shall have the authority to make final decisions on
the development applications denoted in 7.210, Development Review Summary Table.
2.Other Powers and Duties. Additional duties and powers of the City Council include, but are not limited to
the following:
a.Establish, promote, and support an active and continuing program for the efficient and economical
management of all city records;
b.Cause policies and procedures to be developed for the administration of the program under the
direction of the City Clerk;
c.Facilitate the creation and maintenance of city records containing adequate and proper
documentation of the organization, functions, policies, decisions, procedures, and essential
transactions of the city and designed to furnish the information necessary to protect the legal and
financial rights of the City, the state, and persons affected by the activities of the City government;
d.Facilitate the identification and preservation of city records that are of permanent value;
e.Facilitate the identification and protection of essential City records;
f.Cooperate with the commission Planning and Zoning Commission in its conduct of statewide
records management surveys; and
g.Review of a records control schedule or amended schedule by the officers of the City as it considers
necessary.
Sec. 6.12 Planning and Zoning Commission
A.Generally. This Section established the Planning and Zoning Commission. The City Manager and all other
administrative personnel of the City are authorized and directed to cooperate with and assist the Planning
and Zoning Commision at all reasonable times. This Section establishes the provisions for the Planning and
Zoning Commission membership, terms of office, and meeting procedures in accordance with and controlled
by the provisions of TLGC Sec. 211.007, Zoning Commission, TLGC Sec. 212.006, Authority Responsible for
Approval Generally (Plats), and TLGC Sec. 213, Adoption or Amendment of Comprehensive Plan.
B.Powers and Duties.
1.Development Review. The Planning and Zoning Commission shall have the authority to make
recommendations and certain final decisions on the development applications denoted
in 7.210, Development Review Summary Table.
2.Other Powers and Duties. Additional duties and powers of the Planning and Zoning Commission include,
but are not limited to, the following:
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a. The Duties and powers regarding community planning as prescribed in Division 3, Planning and
Zoning Commission, in the City's Code of Ordinances; and
b. Performing other such duties and being vested with such powers as the City Council shall from time
to time prescribe.
C.Relationship to Prior Commissions. The Planning and Zoning Commission is the successor to the Baytown
Area Community Long Range Planning Commission, the Zoning Commission, and the Growth
Management and Development Advisory Commission, which was the successor to
the Planning and Traffic Commissions. All actions taken by the prior Commissions which required resubmittal
of projects to the Commissions for final disposition shall be construed as requiring resubmittal of the projects
to the Planning and Zoning Commission.
D.Membership.
1.Number of Members. The Planning and Zoning Commission shall consist of nine voting residents
demographically representative of the City.
2.Officers. The Planning and Zoning Commission shall elect a Chairperson and Vice-Chairperson at the first
meeting of each year. A person who has served three consecutive terms, whether full or partial, as a
Chairperson or as a Vice-Chairperson is not eligible for reappointment to the same office until the
expiration of at least one year from the date of their last service in such office. The Planning
Director shall provide staff to take minutes and serve as Secretary to the Planning and Zoning
Commission.
E.Terms and Filling Vacancies.
1.Terms. Five voting members of the Planning and Zoning Commission shall be appointed during odd-
numbered years, and four voting members shall be appointed during even-numbered years. One voting
member shall be appointed from the City's extraterritorial jurisdiction and the remaining members shall
be appointed from within the corporate limits of the City. Additionally, at least one voting member shall
be a representative of the real estate, development, or building industry, who is not an employee or
official of a political subdivision or governmental entity. Terms of voting members shall begin on January
1 and extend for two calendar years.
2.Appointments. The City Council shall appoint seven of the voting Commission members. The City
Manager shall nominate two voting members. One of the City Manager's nominees shall be a
representative of the City's extraterritorial jurisdiction and the other shall be a representative of the real
estate, development or building industry, who is not an employee or official of a political subdivision or
governmental entity. In making the initial appointments, the City Council shall designate four of their
appointments to serve two years and three of their appointments to serve one year. The City Manager
shall designate which of their initial nominees are to serve for a two-year term and which shall serve for
a one-year term. All appointments shall be for two years. However, the City Council may remove a
member at any time by a vote of the City Council in public session.
3.Filling Vacancies. As the terms of office of the individual members terminate, the City Council shall, as
soon as possible, appoint members and/or confirm the appointment to fill such vacancies for the new
terms. The Council, if interim vacancies occur, shall appoint or confirm the appointment of a successor
for the remainder of the term.
F.Meetings and Procedures.
1.Frequency and Location. When proposed developments are properly submitted for review, the Planning
and Zoning Commission shall meet not less than once each month. Meetings shall be held at the place,
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time, and date stated on the notice of the meeting, which shall be posted at City Hall. Meetings shall be
conducted in compliance with the TLGC Chapter 552, Public Information, and minutes shall be treated as
public records.
2.Presiding Over Meeting. The Chairperson, or in her/her absence, the Vice Chairperson, shall conduct and
preside over the meetings.
3.Attendance at Meetings. All Planning and Zoning Commission members are required to attend all
regular and special called meetings of the Planning and Zoning Commission. Any Planning and Zoning
Commission member who misses three consecutive regular meetings, such member may be removed,
at the discretion of the Mayor and the vacancy shall be filled in accordance with Subsection E, Terms
and Filing Vacancies, above.
4.Rules of Procedure. The PZC may establish its own rules of procedure, provided that such shall not
conflict with the laws applicable to the Commission or the provisions of this ULDC.
G.Quorum and Voting. A quorum shall consist of a simple majority of the entire membership of the Planning
and Zoning Commission, and any issue to be voted on shall be resolved by a majority of those voting
members present, except for circumstances described in 7.43, Zoning Map Amendment, and 7.64, Replat.
The Chairperson shall be entitled to vote upon any question but shall have no veto power.
H.Public Hearings. The Planning and Zoning Commission shall hold public hearings as required by law and at
the request of the City Council. The Chairperson of the Planning and Zoning Commission shall conduct and
preside over such meetings. The meeting shall be conducted in a public place and with members of
the Planning and Zoning Commission present.
Sec. 6.13 Board of Adjustment
A.Generally. This Section establishes a Board of Adjustment with membership, qualifications, and terms of
office in accordance with and controlled by the provisions of TLGC Section 211.008, Board of Adjustment.
B.Powers and Duties. The Board of Adjustment is a quasi-judicial board and shall have the authority to make
final decisions on the development review applications denoted in Sec. 7.210, Development Review Summary
Table.
C.Membership.
1.Number of Members. The Board of Adjustment shall consist of five regular members who will be
appointed by the City Council for two-year terms.
2.Alternative Members. The Board of Adjustment shall also include a minimum of
two alternate Board members, who will serve in the absence of one or more of the regular members
when requested to do so by the City Manager. The alternate member will be appointed by the City
Council for two-year terms and shall be subject to all of the provisions of this ULDC.
D.Terms, Filing Vacancies, and Removal.
1.Officers. The Board of Adjustment shall elect a Chairperson and Vice-Chairperson at the first meeting of
each year. The Planning Director shall provide staff to take minutes and serve as secretary to the Board.
2.Board Member Removal. The City Council may remove members of the Board of Adjustment for cause,
as found by the City Council, on a written charge after a public hearing.
3.Vacancies. A vacancy on the Board shall be filled for the unexpired term.
E.Meeting and Procedures.
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1.Frequency and Location. The Board of Adjustment shall meet at least once each month unless there are
no items to decide upon. All meetings of the Board shall be open to the public and held in conformance
with TLGC Chapter 552, Open Meetings.
2.Rules of Procedure and Call of Meetings. The Board of Adjustment may propose to the City Council Rules
of Procedure to carry out the duties conferred by this ULDC and may recommend amendments to such
rules to the City Council. The City Council shall adopt and may from time to time amend the Rules of
Procedure for the Board of Adjustment. Meetings of the Board of Adjustment shall be held at the call of
the presiding officer and at other times as determined by the Board.
3.Attendance at Meetings. All members of the Board of Adjustment are required to attend all regular and
special called meetings of the Board. Any member of the Board of Adjustment who misses three
consecutive regular meetings without a valid reason, as determined by the City Council, shall be deemed
no longer interested in serving, and the Council may remove that member for cause on written charge
after a public hearing. The City Council shall then appoint a new member to fill the vacancy for the
remainder of the unexpired term.
4.Presiding Officer. The presiding officer or acting presiding officer may administer oaths and compel the
attendance of witnesses.
5.Recordkeeping. The Board of Adjustment shall keep minutes of its proceedings that indicate the vote of
each member on each question or the fact that a member is absent or fails to vote. The Board of
Adjustment shall keep records of its examinations and other official actions. The minutes and records
shall be filed immediately in the Board's office and are public records.
F.Quorum and Voting. A quorum shall consist of a supermajority of the entire membership of the Board of
Adjustment and any issue to be voted on shall be resolved by a majority of those present. The Chairperson
shall be entitled to vote upon any question but shall have no veto power. Each case before the Board of
Adjustment must be heard by at least four members.
Division 6.2 Administrative Bodies Established and Authorized
Sec. 6.21 Planning Director
A.Generally. The Planning Director is responsible for processing an application to a final decision or making a
recommendation to another development review body. The Planning Director may designate other City staff
members to manage applications through the review process, to be points of contact for applicants, and
shall perform such other duties as may be required in this ULDC.
B.Powers and Duties.
1.Development Review. The Planning Director shall have the authority to review, make recommendations,
and/or make final decisions on the development review applications denoted in
Sec. 7.210, Development Review Summary Table.
2.Other Powers and Duties. In addition to those set forth above, the Planning Director's powers and duties
shall include, but not be limited to, the following:
a. Interpreting the general intent and/or specific meaning of any portion of the ULDC text, position of
district boundaries, district regulations, or other matters relating to the Official Zoning Map;
b. Updating and maintaining the Official Zoning District Map;
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c. Accepting and processing all submitted applications detailed in Article 7, Development
Review Procedures;
d. Preparing staff comments for review by the Planning and Zoning Commission, City Council, and the
Board of Adjustment;
e. Representing the City at all public hearings required by this ULDC;
f. Maintaining all records and minutes related to the enforcement and procedures of this ULDC;
g. Serving as liaison between the Planning and Zoning Commission and City Council; and,
h. Performing other duties as necessary and appropriate to uphold the provisions of this ULDC.
Sec. 6.22 Building Official
A.Generally. The Building Official shall review construction plans, issue building permits, and verify code
compliance for all construction in the City to the extent permitted by state law.
B.Powers and Duties.
1.Development Review. The Building Official shall have the authority to make recommendations and/or
final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.Other Powers and Duties. The Building Official shall:
a. Conduct and take action on all building permits and inspections to ensure that construction meets
all applicable City Building Codes and other requirements as applicable, (including, but not limited
to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this
ULDC);
b. Maintain all records as they relate to the building permit process and inspections, including
materials and outcomes;
c. Arbitrate discrepancies regarding building plans, permits, and inspections; and
d. Other duties as outlined in the remainder of the Code of Ordinances.
Sec. 6.23 Development Review Committee
A.Generally. This Section establishes a coordinated and centralized committee, known as the Development
Review Committee, which is composed of City staff members who participate in development review and
who may make recommendations on certain applications established in Article 7, Development Review
Procedures.
B.Powers and Duties. The Development Review Committee shall have the authority to review
and make recommendations on the development review applications denoted in Sec. 7.210, Development
Review Summary Table.
C.Membership. The Development Review Committee may be composed of the following City staff members:
1.Planning Director. The Planning Director shall serve as the Chairperson of the Development Review
Committee and shall be responsible for all procedures, guidance, coordination, scheduling, and
recommendations of the Development Review Committee.
2.Other City Staff Members. In addition to the Planning Director, the Development Review
Committee shall be comprised of City staff designated by the City Manager, which may include, but is
not limited to:
a.Building Official;
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b.City Engineer;
c. Director of Public Works; or
d. Fire Marshal.
3.Non-City Staff Members. Other staff or representatives from various local, county, state, or federal
agencies may participate in the development review process as needed based on the nature of the
proposed development or application.
D.Applicant Meeting. The applicant may meet with the Development Review Committee to receive its
comments and recommendations on an application so the applicant may make any required or
recommended changes, corrections, or modifications to a submittal.
Sec. 6.24 City Engineer
A.Generally. With respect to the administration of this ULDC, the City Engineer is generally responsible for
verifying that all standards and quality assurance requirements are met for public infrastructure. The City
Engineer also establishes and promulgates the Engineering Standard Details and Specifications and
Stormwater Management Plan.
B.Powers and Duties Relative to Matters in this ULDC. The City Engineer shall have the authority to make
recommendations and/or final decisions on the development applications denoted in
Sec. 7.210, Development Review Summary Table.
C.Powers and Duties Relative to Matters Outside of this ULDC. In addition to the powers and duties
referenced above, the City Engineer shall perform duties as outlined in the remainder of the Code of
Ordinances.
Sec. 6.25 Floodplain Administrator
The establishment, duties, and responsibilities of the Floodplain Administrator are outlined in Chapter 110, Article
II, Division 2, Sec. 110-66, Designation of Floodplain Administrator, and Sec. 110-67, Duties and Responsibilities of
Floodplain Administrator, of the City's Code of Ordinances.
ARTICLE 7 DEVELOPMENT REVIEW PROCEDURES
Contents:
Division 7.1 Purpose and Applicability
Division 7.2 Common Review Procedures
Division 7.3 Administrative Decisions
Division 7.4 Master Plans, Amendments, and Special Uses
Division 7.5 Variances and Administrative Appeals
Division 7.6 Subdivision Review Procedures
Division 7.1 Purpose and Applicability
Sec. 7.11 Purpose
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The purpose of this Article is to establish application procedures, internal review procedures, public notice and
hearing procedures, and review criteria for applications and actions that affect the development and use of
property subject to the jurisdiction of this ULDC.
Sec. 7.12 Applicability
A.Generally. The Divisions of this Article apply to all development activity that requires a recommendation or
final decision from City staff, the City Council, the Planning and Zoning Commission, or the Board of
Adjustment as denoted in 7.210, Development Review Summary Table.
B.Compliance. Any person proposing a land use or development shall comply with the procedures of this
Article. The applicable development review body will not issue a permit for any building, structure,
construction, or use unless the proposal conforms with all provisions of this ULDC, and other applicable
ordinances.
Division 7.2 Common Review Procedures
Sec. 7.21 Pre-Application Conference
A.Pre-Application Conference. Potential applicants are encouraged to meet with City Staff prior to submittal of
applications to familiarize the applicant with the submittal requirements and review procedures, including all
applicable standards and any known constraints, hazards, or special conditions associated with the subject
property. Prior to the applicant making an application for a Zoning Map Amendment or a Preliminary Plat
with more than 12 lots, a pre-application conference is required, unless the application is made by a City
Official in his Official capacity.
B.Sketch Plan. The applicant may submit a sketch plan as a basis for discussion prior to the pre-application
conference. The sketch plan shall be of sufficient detail to accurately convey the concept, character, location,
parcel size, and the size and scale of the proposed development. The applicant may submit additional
materials at his or her discretion.
C.Simultaneous Submission of Related Applications. Pre-application conferences for several
land development review processes may be combined when an applicant will be making several applications
for the same project and when the processing schedule allows for simultaneous submittals. Refer to Sec.
7.22.E, Concurrent Submittal and Review, for provisions related to submittal of multiple applications at
once.
D.Requested Submittals. At or following the pre-application conference, City staff may request that the
applicant provide additional materials at the time of application submittal in accordance with
Sec. 7.22, Application Submittal, Fees, and Completeness, as may be necessary to permit the informed
exercise of judgment under the review criteria for the application.
E.Disclaimer. Completion of a pre-application conference does not imply or assume subsequent approval of
anything discussed. A pre-application conference does not constitute a development permit application and
it should not be construed as a permit or the first permit in any series of permits. A pre-application
conference does not provide any vesting to the applicant.
F.Continuing Review Process. In order to be approved, applications that require a pre-application conference
shall subsequently undergo the applicable processes established in this Division, starting with
Sec. 7.22, Application Submittal, Fees, and Completeness.
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Sec. 7.22 Application Submittal, Fees, and Completeness
A.Application Form. An application for every development review procedure required by this ULDC shall be
submitted in a format, in such numbers, and according to the schedule established by the Planning Director.
At the time the application is submitted, the applicant shall pay a fee in the amount established by the City's
fee schedule.
B.Fees.
1.Schedule of Fees, Charges, and Expenses. The City Council shall establish a schedule of fees and charges
for matters pertaining to this ULDC. The schedule of fees shall be maintained by the Planning Director.
2.Payment in Full Required. No permits, certificates, or approvals required by this ULDC shall be issued
unless or until such costs, charges, fees, or expenses have been paid in full.
3.Refunds. Fees for rejected, denied, expired, voided, or revoked applications are not refundable.
C.Authorization to Initiate an Application. Table 7.22-1, Application Authorization, denotes those who are
authorized to initiate each of the application types.
Table 7.22-1
Application Authorization
Development Review
Procedure Types Property Owner1 Party Aggrieved by an
Administrative Decision
Mayor, City Council, City
Council Member, or City
Manager
Administrative Decisions ♦
Master Plans, Amendments,
and Special Uses ♦3 ♦
Quasi-Judicial Review
Procedures (Variance,
Appeal of Administrative
Decision)
♦2 ♦4 ♦5
Subdivision Review
Procedures ♦♦
Table Note:
1. Including Owner's Agent.
2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries
of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s).
3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner
with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented
by an agent, designated in writing by the mineral interest owner(s).
4. Appeal of An Administrative Decision only.
5. Written Interpretation only.
D.Submittal Deadlines. The Planning Director may establish and publish application submittal deadlines
in accordance with the schedule published on the City's website and in the Development Manual. This
schedule may be updated from time to time during the year with the amendments being published on the
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web and in the development manual. An application shall not be considered as officially submitted,
accepted, or filed until it has been determined to be complete in accordance with Paragraph (G) below.
E.Withdrawals. An application may be withdrawn at any time by the applicant at their own request, and, upon
resubmission, shall be considered an initial submission subject to the provisions of this Division.
F.Application Completeness. Application submittals shall subsequently undergo a completeness application
review before being deemed as submitted to the City.
1.Timeline. A determination of application completeness shall be made by the Planning Director no more
than ten business days after submittal of the application.
2.Incomplete Applications.
a. If the application is determined to be incomplete, the Planning Director shall notify the applicant in
writing within five days of completing the completeness review.
b. The city shall exercise the authority granted under V.T.C.A., Local Government Code ch. 245 to
perform such reviews within the ten-day window and to allow the applicant 45 days in which to
respond.
c. While awaiting the requested information, any time limitations within which the city must process
the application shall be tolled.
d. If the applicant's response time exceeds the 45-day period, then the application expires; and to
proceed, the applicant shall begin the process again with a new application.
G.Completeness Does Not Equate to Approval. The completeness review set forth herein applies to all
applications identified in Article 7 of this ULDC. Determination that an application is complete does not
preclude any negative final action and does not include any implied determination that the application
successfully meets any review criteria. The development manual shall contain a checklist for all application
types. Completeness reviews shall rely on the ULDC provisions as well as the checklists and V.T.C.A, Local
Government Code ch. 245.
H.Concurrent Submittal and Review. Certain development projects may require multiple approvals. At the
discretion of the Planning Director, the applicant may submit combined applications that require final action
by a legislative or quasi-judicial body and such applications may be processed concurrently, so long as all
applicable processing and public notice requirements and all required findings are satisfied.
I.Successive Applications. For Zoning Map Amendments, 12 months from the date of final disapproval, except
with permission of the Planning and Zoning Commission or City Council, must elapse before reapplication. In
order to be considered for such a waiver, the applicant shall demonstrate that at the time the applicant
requests a waiver:
1.Substantial Change in Circumstances. There is a substantial change in circumstances relevant to facts
considered during review of the application that might reasonably affect the decision-making body's
application of the relevant review standards to the development proposed in the application;
2.New or Additional Information. New or additional information is available that was not available at the
time of the review that might reasonably affect the decision-making body's application of the
relevant review standards to the development proposed; or
3.New Application. A new application is proposed to be submitted that is materially different (e.g.,
proposes new use categories, or a substantial change in proposed densities and intensities) from the
prior application.
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J.Continuing Review Process. Complete applications shall subsequently undergo the processes established in
Sec. 7.23, Staff Review and Distribution.
Sec. 7.23 Staff Review and Distribution
A.Review, Final Decision, and Distribution. After completeness determination, the appropriate development
review body shall, according to the review responsibilities denoted in Table 7.210-1, Summary of Procedures,
do one of the following:
1.Review and Comment. Review an administrative application and provide comments to the applicant,
which may include required revisions based on the requirements of this ULDC and other adopted
requirements and standards;
2.Review and Decide. Review and make a final decision on an administrative application; or
3.Distribution. Distribute all other application types to the appropriate development review body or
outside agency including, but not limited to, utilities and school districts, for review, comment, and, if
denoted in Table 7.210-1, Summary of Procedures, recommendation or final decision.
B.Required Revisions.
1.Comments. During application review, the Planning Director may provide comments from the
Development Review Committee to the applicant. The applicant shall revise and resubmit the
application with requested changes in order for the application to proceed through the review process.
2.Resubmittal. Upon receipt of the resubmittal, the Planning Director may refer the application to
agencies again if the changes substantially affect the interests of the agency in ways not anticipated by
the agency's original comments, or require the agency's technical expertise for appropriate review.
C.Administrative Recommendation or Decision. Promptly after submittal of a complete application that
addresses the comments provided pursuant to Paragraph (B), Required Revisions, above (or, after finding
that no revisions are required), one of the following shall apply:
1.Administrative Review Applications. If the application is for a review procedure addressed in Division
7.3, Administrative Decisions, then the administrative review body denoted in Table 7.210-1, Summary
of Procedures, shall approve, conditionally approve, or deny the application, as appropriate.
2.All Other Review Applications. If the application is for a review procedure addressed in
Division 7.22, Master Plans, Amendments, and Special Uses or Division 7.23, Quasi-Judicial Review
Procedures, then the applicable administrative review body shall forward a recommendation to the next
development body in the review process who will consider it for further recommendation or final
decision according to Table 7.210-1, Summary of Procedures.
D.Continuing Review Process.
1.Approved Applications. Applications receiving approval may subsequently undergo the processes
established in Sec. 7.27, Post-Decision Provisions.
2.Applications Requiring Public Meeting or Hearing. Applications requiring a public meeting or hearing, as
denoted in Table 7.210-1, Summary of Procedures, shall subsequently undergo the processes
established in Sec. 7.25, Public Notice and Sec. 7.26, Public Meetings and Hearings.
Sec. 7.24 Common Decision Criteria
A.Common Review Criteria. In determining whether to approve, approve with conditions or modifications, or
deny an application, the development review bodies making a recommendation or taking final action shall
Unified Land Development Code
Baytown, TX 312
consider the basic review criteria denoted in Table 7.24-1, Common Review Criteria Applicability. Additional
review criteria may apply and are enumerated in the specific review procedures of this Article.
B.Burden of Proof or Persuasion. In all cases, the burden is on the applicant to show that an application
complies with applicable review criteria.
C.Continuing Review Process. In order to be approved, applications that require a pre-application conference
shall subsequently undergo the applicable processes established in this Division, starting with
Sec. 7.22, Application Submittal, Fees, and Completeness.
Table 7.24-1
Common Review Criteria Applicability
Master Plans,
Amendments, and
Special Uses
Applications
Quasi-Judicial
Review
Applications
Subdivision
Applications
Common Review Criteria
Administrativ
e Review
Applications Text
Amendments
All
Othe
r
Variances
All
Othe
r
The request complies with the
applicable standards of the City's
Code, the ULDC, and any applicable
county, state, or federal
requirements.
••••••
The request substantially conforms
to any associated prior approval for
the development, including, but
not limited to, a Special Use Permit
or Master Development Plan.
••
The development review body has
considered the recommendation of
the City staff.
•••••
The request is consistent with
applicable policies of the
Comprehensive Plan and applicable
utility plans and capital
improvement plans; or, if it
addresses a topic that is not
contained or not fully developed in
the Comprehensive Plan, the
request does not impair the
implementation of the
Comprehensive Plan.
•••
Unified Land Development Code
Baytown, TX 313
Table 7.24-1
Common Review Criteria Applicability
Master Plans,
Amendments, and
Special Uses
Applications
Quasi-Judicial
Review
Applications
Subdivision
Applications
Common Review Criteria
Administrativ
e Review
Applications Text
Amendments
All
Othe
r
Variances
All
Othe
r
The request promotes the
purposes of this ULDC as
established in Sec. 1.12, Purposes,
and in other applicable purpose
statements in this ULDC.
••••
Adequate facilities, including public
or private utilities, solid waste
service, roads, drainage, and other
improvements are present or are
planned to be provided.
•••
The request demonstrates
compatibility with surrounding
conforming and permitted land
uses and structures and with the
general character of the area.
••
The request will not impede the
normal and orderly development
and improvement of surrounding
property.
••
Sec. 7.25 Public Notice
A.Public Notice.
1.Publication Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, published
notice shall be provided in a local publication of record in accordance with the requirements of the
Texas Local Government Code (TLGC), Chapters 211 and 212.
2.Mailed Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, mailed notice
shall be:
a. In written form;
b. Sent as required by Texas Local Government Code Section 211.007(c) to all owners of real property
located within 200 feet of the subject property; Notice of required public hearings for a Special Use
Permit, Variance, or Zoning Map Amendment, with the exception of applications for a Special Use
Permit for drilling, oil or gas operations or a designation of Drilling Overlay District, shall also be
Unified Land Development Code
Baytown, TX 314
sent by mail to owners of land within 300 feet of the lot lines of the land that is the subject of the
application.
c. For applications for a drilling overlay district or a special use permit for drilling, oil or gas
operations, notice of required public hearings shall be sent by mail to:
i. Owners of land on which the drilling, oil or gas operations are proposed to occur;
ii. Owners of land over which the Drilling Overlay District is proposed; and
iii. Owners within 750 feet of the property line of the property on which drilling, oil or gas
operations are proposed to occur or the boundary of the overlay district, whichever is
applicable.
d. Measured from the perimeter of the property;
e. Taken inclusive of public streets; and
f. Served by using the last known address as listed on the County tax roll and depositing the notice,
postage paid, with the United States Postal Service (USPS).
3.Contents of Notice. Regardless of whether the notice is published or mailed, the notice shall contain:
a. Publication and Mailed Notice. Notices that are published and mailed pursuant to Paragraphs (3a),
(3b), and (5) shall provide at least the following information:
i. The general location of the land that is the subject of the application;
ii. Its legal description or street address;
iii. The substance of the application;
iv. The time, date, and location of the public hearing;
v. The time, date, and place where the application may be inspected by the public; and
vi. A statement that interested parties may appear at the public hearing and be heard with
respect to the application.
b.Signs. Signs required pursuant to Paragraph (4b) shall at least indicate the following:
i. The property and/or neighboring properties, as applicable, are the subjects of
a development permit;
ii. The City's website address; and
iii. The contact point for additional information.
4.Posting of Signs.
a. Except as provided in Paragraph (4b), notice of required public hearings shall also be provided by
way of a sign posted on the land that is the subject of the application. One sign shall be posted for
each 200 feet of frontage along a public street, with a maximum of four signs required per
frontage. Signs shall be located so that the lettering is visible from the street. Where the land does
not have frontage on a public street, signs shall be posted on the nearest public street.
b. At least six signs shall be required for any public hearing regarding one or more amendments to the
official zoning map, which propose to change the zoning district classification of more than five
tracts. Nothing contained in this section shall prohibit the Planning Director from posting additional
signs as the Planning Director deems appropriate.
5.Website. Notice of the public hearings will be published and remain on the City's website through the
day of the public hearing in accordance with the same publication deadlines as expressed in Paragraphs
(2) an (3) of this Section. The validity of a posted notice of a public hearing required by this Section is not
Unified Land Development Code
Baytown, TX 315
affected by a failure to comply with a requirement of this Section that is due to a technical problem
beyond the reasonable control of the City.
6.Timeline to Provide Notice. Regardless of the type of notice that is required, such notice shall be
provided at least 10 days prior to the public meeting or hearing, unless otherwise specified by Texas
state law.
7.Computation of Time. In computing the time periods for notice, the day of mailing, publication, or
posting shall not be counted, but the day of the public hearing shall be counted.
8.Constructive Notice. Failure of a surrounding property owner to receive notice of a hearing shall not
affect the validity of the final decision.
B.Continuing Review Process. Applications with required notice provided shall subsequently undergo the
processes established in 7.26, Public Meetings and Hearings.
Sec. 7.26 Public Meetings and Hearings
A.Open to Public. All public hearings shall be open to the public except as otherwise provided in TLGC Chapter
551. However, not all decisions require public hearings. Therefore, recommendations and decisions that are
authorized by this ULDC are classified as requiring a "public meeting" or "public hearing."
B.Public Meetings. Any development review application, except for administrative review applications or
Written Interpretations, that does not require a public hearing as denoted in Table 7.210-1, Summary
of Procedures, prior to a final decision requires a final decision to be made at a public meeting.
C.Public Hearing. Elected and appointed development review bodies may adopt rules of procedure for the
conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:
1.Time and Testimony Limits. The Chairperson may impose a reasonable time limit on speakers and may
limit testimony that is irrelevant or redundant;
2.Expert Witnesses. Citizens, applicants, and the City have the right to present expert witnesses;
3.Identification and Representation. Persons appearing at a public hearing shall identify themselves and
state their address and similar information about any organization they represent;
4.Written Evidence of Authority. If a speaker represents an organization, the body conducting the hearing
may request written evidence of that person's authority to speak on behalf of the group in regard to the
matter under consideration; and
5.Right to be Heard. Any person may appear at a public hearing, submit evidence, and be heard.
D.Decisions. A vote shall be conducted in such a manner that the public may know the vote of each person
entitled to vote, except when voice votes are authorized.
E.Conditional Approval or Modification of Application at Public Meeting or Hearing.
1.Modification. An applicant may agree to modify an application, including the plans and specifications
submitted, in response to questions or comments by persons appearing at a public meeting or hearing
or to suggestions or recommendations by the development review body holding the meeting or hearing.
2.Action on Modified Applications. The development review body may make a recommendation or
conditionally approve the application with the requirement that the formalized approval is not effective
until the applicant submits materials reflecting the agreed-upon changes to the Planning
Director. However, if such modifications are so substantial that the development review body
determines that it cannot reasonably be expected to perceive the nature and impact of the proposed
changes without revised application materials, it shall not accept any subsequent application and shall
Unified Land Development Code
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make no further approvals related to the subject property until the applicant submits the required
modifications.
3.Referral. Where deemed appropriate by the final decision-making body, applications with significant
modifications may be referred back to the recommending body for review, prior to further
consideration.
F.Continuing Review Process. Requests receiving approval at a public meeting or hearing may subsequently
undergo the processes established in Sec. 7.27, Post-Decision Provisions.
Sec. 7.27 Post-Decision Provisions
A.Modification of an Approved Application. Modifications to approved applications shall be done in
accordance with Sec. 7.313, Minor Modification of an Approved Application. However, if the change does
not meet the criteria for a minor modification, the application shall be resubmitted as a new application.
B.Revocation of Approval. A development review body may revoke any permit or approval it issued where
there has been a violation of the provisions of this ULDC or misrepresentation of fact on the application or in
the public meeting or hearing.
C.Approvals Run With Land. Permits or approvals authorizing a particular land use or structure shall run with
the land and transfer with the subsequent ownership of the land and structures unless an elected or
appointed development review body conditions an approval to the contrary. This provision does not apply to
nonconformities, which are addressed in Article 8, Nonconformities.
D.Action Following Decision. Written notice of final decisions to approve or approve with conditions, or
disapprove or deny shall be provided to the applicant within five working days of each decision.
Sec. 7.28 Appeals
A.Window for Appeal. All appeals listed below shall be submitted to the Planning Director or to a Court of
Competent Jurisdiction, as appropriate.
B.Appeal of Planning and Zoning Commission Decision. Any party aggrieved by or alleging an error in a final
decision of the Planning and Zoning Commission may appeal to the City Council within 20 days of
the Commission's decision.
C.Appeal of Board of Adjustment or City Council Decision. Any party aggrieved by or alleging an error in a
final decision of the Board of Adjustment or City Council may appeal to a court of competent jurisdiction
within 10 days of the decision of the Board or Council in accordance with Texas Local Government Code
Section 211.011.
D.Appeal of Administrative Decision. Any party aggrieved by or alleging an error in a final decision of the
Planning Director, the Building Official, or the City Engineer, on a matter addressed in this ULDC may appeal
in accordance with Sec. 7.53, Appeal of Administrative Decision, within 20 days of the
administrative decision.
E.Appeal of Obstructing Rights-of-Way. If a person wishes to use the sidewalks, streets, alleys, or
other public rights-of-way for the purpose of storing goods, or other materials, he or she shall obtain
permission from the City Manager, in writing, before any such use is made. If the City Manager denies such
request, the applicant may appeal to the City Council, and its decision shall be final.
Sec. 7.29 Inactive and Expired Applications and Renewals
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Baytown, TX 317
A.Unapproved Applications.
1.Process to Inactivity. A submitted and completed but unapproved application becomes inactive after 90
days from receiving review comments if the applicant fails to completely address the City's comments
to allow further processing of the application.
2.Expiration. Inactive applications will automatically expire and become null and void without further
notice 30 days after the date when they became inactive if the applicant fails to take action or request
an extension of time.
B.Approved Applications. Approved Applications shall expire at the end of the expiration period as denoted in
Table 7.210-1, Summary of Procedures, unless:
1.Pending Approvals. A complete application for the next required approval in a sequence of approvals is
submitted and pending upon the expiration of the period;
2.Commencement of Development. Development has commenced and is being diligently pursued toward
completion; or
3.Granted Extension. An extension is granted in accordance with Paragraph (C), Extension of Time, below.
C.Extension of Time.
1.Request. Prior to the expiration of an approved application or unapproved inactive application, the
applicant may request in writing and the Planning Director may approve an extension of the expiration
date of up to six months.
2.Amendments. If the City Council amends this ULDC or adopts other applicable regulations during the
period of time when the application was inactive, the application shall:
a. Not be subject to compliance to the new regulations until the original application is considered to
be voided; and
b. Become subject to the new regulations and ordinances if the period of time to request an
extension lapses.
3.Expiration of Extension. Approved applications or unapproved inactive applications shall expire after the
six-month extension lapses if the Planning Director determines that the applicant is not actively
pursuing action to complete the development or address comments.
Sec. 7.210 Development Review Summary Table
A.Generally. Procedures for obtaining development review approval pursuant to this ULDC are summarized in
this Section.
B.Applications and Procedures. Each application required by this ULDC is spelled out in Table 7.210-1,
Summary of Procedures, below.
Unified Land Development Code
Baytown, TX 318
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC.
Administrative applications typically require objective analysis by City staff and may involve the exercise of
very limited discretion.
Administrative
Adjustment 7.31
Concurrent
with submittal
of a Site
Development
Plan, Building
Permit, or Sign
Permit
----Planning Director 2 years --
Site Development
Plan
7.32
Prior to any
development
of any
use unless
specifically exe
mpted in this
ULDC
----Planning Director 2 years Article
2, Article 3
Minor or
Amending Plat
7.33
Prior to
developing a
minor
subdivision or
making a
minor
modification to
a recorded plat
----Planning Director
2 years; None
after
recordation
Article 4
Lot Consolidation
7.34
Prior to
applying for a
Building Permit
----Planning Director
1 year if
unrecorded;
None after
recordation
--
Construction
Plans
7.35
Prior to site
construction ----City Engineer 2 years
Engineering
Minimum
Design
Standards and
Specifications
Unified Land Development Code
Baytown, TX 319
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
Building Permit
7.36
Prior to
erecting,
altering,
replacing,
relocating,
rebuilding,
repairing, or
restoring a
principal or
accessory
building or
structure
----Building Official 180 days --
Floodplain
Development
Permit
7.37
Prior to any
development
activities or
land
disturbance wi
thin a
regulatory
floodplain as
shown on a
Flood
Insurance Rate
Map (FIRM)
----Floodplain Administrator 180 days Article 5
On-Site Water or
Wastewater
Permit
7.38
Prior to land
disturbing
activities
----City Engineer 180 days Sec. 4.27
Unified Land Development Code
Baytown, TX 320
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
Sign Permit
7.39
Prior to
constructing,
installing,
placing, or
relocating a
sign or
modifying a
sign's
dimensions or
illumination
----Planning Director 2 years Division 3.6
Temporary Use
Permit
7.310
Prior to the
operation of
any temporary
structure or
use
----Planning Director 1 year Sec. 2.36
Certificate of
Occupancy
7.311
Upon
completion of
construction or
before a
change in
occupancy
----Building Official None --
Written
Interpretation
7.312
None ----Planning Director ----
Unified Land Development Code
Baytown, TX 321
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
Minor
Modification of an
Approved
Application
7.313
In order to
make a limited
modification to
any numerical
standard on an
application
that has
already been
approved but
that has not
received a
Certificate of
Occupancy
----Development review body that made
the initial approval
Same as
application
being
modified
--
Right-of-Way
License
7.314
Prior to laying,
constructing,
building,
repairing or
rebuilding any
sidewalk,
driveway, curb,
or gutter on
any street,
alley, or
thoroughfare
----City Engineer 1 year --
Easement
Encroachment
License
7.315
Prior to
building,
erecting, or
constructing
any building,
structure, or
edifice for any
use or
occupancy
----City Engineer ----
Unified Land Development Code
Baytown, TX 322
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or
change the way the use, design, or development of land will occur on a site-specific, City-wide, or
intermediate scale. Elected and appointed development review bodies make final decisions based on general
considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions
are characterized by the exercise of broad discretion.
Master
Development Plan
7.41
As part of a
zoning map
amendment to
a PD or Cluster
development
•M
P Planning Director [P&Z]2 years Article
2, Article 3
ULDC Text
Amendment
7.42
Prior to a
change of the
text in this
ULDC
--P
W
1st: Planning Director
2nd: [P&Z][CC]None --
Zoning Map
Amendment
7.43
Prior to
establishing or
expanding an
activity,
building type,
or land use
prohibited in
the current
zoning district
•
M
P
S
W
1st: Planning Director
2nd: [P&Z][CC]None --
Special Use
Permit
7.44
Prior to
construction
and permitting
of any land use
that is
designated as a
special use
•
M
P
S
W
1st: Planning Director
2nd: [P&Z][CC]
24 months if
use is not
established
and / or
Building
Permit not
issued
Article 2
Unified Land Development Code
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Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
Planned Unit
Development
7.45
Prior to
establishing a
Planned Unit
Development
(PUD)
•
M
P
S
W
1st: Planning Director
2nd: [P&Z][CC]
24 months
per phase if
Building
Permit not
issued
Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards
or establish the way design or development will occur on specific sites in manners that either vary from the
standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by
exercise of discretion.
Variance
7.51
Prior to or
concurrent
with submittal
of a Site Plan,
or Sign Permit
--
M
P
S
W
1st: Planning Director [BOA]None Article 3
Variance,
Floodplain
7.52
Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of
Administrative
Decision
7.53
Within 30 days
after an
appellant or
their agent
received notice
or the action of
the official that
is the subject
of the appeal
--
P
M
W
[BOA]None --
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into
smaller lots. City staff or legislatively appointed administrative bodies make final decision based on
regulations in this ULDC and on technical requirements of various City departments, local and state agencies,
and utilities.
Unified Land Development Code
Baytown, TX 324
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
Development Plat
7.61
Prior to
development
of a property
that does not
require a
subdivision
plat
•P
W
1st: Development
Review Committee
2nd: Planning Director
[Planning and
Zoning
Commission]
6 months --
Preliminary Plat
7.62
Prior to a Final
Plat in order to
subdivide land
into five or
more lots or
lots that
require the
creation of a
street or the
expansion of
municipal
facilities
•P
W
1st: Development
Review Committee
2nd: Planning Director
[Planning and
Zoning
Commission]
3 years Article 4
Final Plat
7.63
Following
approval of a
Preliminary
Plat
--Planning Director Planning
Director
1 year if
unrecorded;
None after
recordation
Article 4
Replat
7.64
Prior to
changing the
number
of lots on a
recorded Final
Plat
•P
W
1st: Development
Review Committee
2nd: Planning Director
[Planning and
Zoning
Commission]3
2 years; None
after
recordation
Article 4
Unified Land Development Code
Baytown, TX 325
Table 7.210-1
Summary of Procedures
• = Pre-Application Conference Required
P = Published Notice Required M = Mailed Notice Required
S = Signs Notice Required W = Website Notice Required
P&Z = Planning and Zoning Commission CC = City Council
BOA = Board of Adjustment DRC = Development Review Committee
[ ] = Public Hearing Required
Review ResponsibilitiesDevelopmen
t Application
Submittal
Timing
Pre-
Application
Conference
Public
Notice
1 Recommendation Final
Action
Expiration
2
Cross-
Reference
Vacating Plat
7.65
Prior
to removing
the force of a
recorded plat
covering a
property or
properties
•P
W
1st: Development
Review Committee
2nd: Planning Director
Administrative
body that
approved the
original
Minor,
Amending,
Replat, or
Final Plat
2 years; None
after
recordation
--
Waiver
7.66
Prior or
concurrent
with submittal
of a
Preliminary
Plat that varies
from the
subdivision
design
standards
--P
W
1st: Development
Review Committee
2nd: Planning Director
[Planning and
Zoning
Commission]
Same as
associated
plat
Article 4
TABLE NOTES:
1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and
Hearings.
2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration
occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue
completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired
Applications. "Commence," for the purposes of this table, means the first City inspection of a development,
such as the initial rough plumbing inspection.
3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas
Local Government Code Section 212.015. If a public hearing is not required, the final action shall take
place at a public meeting of the Planning and Zoning Commission.
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Division 7.3 Administrative Decisions
Sec. 7.31 Administrative Adjustment
A.Generally. In addition to the applicable required procedures in Division 7.2, Common Review Procedures, the
following shall apply to an Administrative Adjustment.
B.Purpose.
1.Changes of Modifications. An Administrative Adjustment may allow small changes or modifications to
certain standards of a proposed development that may be approved by the Planning Director.
2.Percentage. The Planning Director may approve minor modifications of any numeric standard in this
ULDC up to a maximum of 10 percent when there are practical difficulties in applying the development
standards for a project that otherwise complies with the standards of this ULDC.
3.Variance Reference. Requested adjustments greater than 10 percent shall be submitted and reviewed as
a variance in accordance with Sec. 7.45, Variance.
C.Specific Decision Criteria.
1.Review and Decision. In determining whether to approve, approve with conditions, or deny a site
development plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24
and the following:
a. Maximum Percentage. The requested adjustment does not exceed 10 percent of the minimum
requirements.
b. Hardship. The hardship, if any, under which the adjustment is sought, was not created by the
owner or occupant of the subject property, nor was it suffered as a result of a violation of this
ULDC or any other applicable code of the City.
c. Minimum Necessary. The adjustment shall be the minimum necessary to grant relief from a
demonstrated hardship.
d. Adjoining Property. The adjustment shall not substantially impair the permitted use or
development of adjoining property.
2.Affirmative Findings. In order to approve an administrative adjustment, the final decision-making body
shall make affirmative findings on all of the applicable decision criteria.
Sec. 7.32 Site Development Plan
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Site
Development Plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and the following
1.Infrastructure Capacity. The proposed development does not exceed the capacity of existing and
planned infrastructure and public services including, but not limited to, systems for water, sewer,
drainage, transportation, solid waste removal, and public safety;
2.Circulation, Accessibility, and Compatibility. The design of the project provides for vehicle and
pedestrian accessibility and circulation within, out of, and into the development and appropriate
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compatibility and buffering between the development, surrounding land uses (existing or planned), and
the natural environment; and
3.Hazards and Nuisances. The proposed development protects public health and safety against natural
and man-made hazards and nuisances which include, but are not limited to, traffic noise, water
pollution, and flooding.
B.Effect. Approval of a Site Development Plan authorizes the applicant to proceed with development of the site
as proposed in the Site Development Plan. It does not directly authorize development if other approvals are
required by this ULDC.
Sec. 7.33 Minor or Amending Plat
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Minor or
Amending Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and the following:
1.Number of Lots. The Minor Plat is proposed for the creation of four or fewer lots.
2.Existing Street. Each lot in the Minor Plat has frontage on an existing public street without the need for
the creation or extension of a new public street.
3.Existing Utilities. Existing public utilities of adequate capacity serve the entirety of the subject property
in the Minor Plat without the need for an extension.
4.TLGC Reference. The purpose of the Amending Plat is solely one or more of those listed in
TLGC Sec. 212.016.
B.Specific Review Procedures. In order to approve a Minor or Amending Plat, the final decision-making body
established in Table 7.210-1, Development Review Summary Table, shall make affirmative findings on all of
the applicable decision criteria.
Sec. 7.34 Lot Consolidation
A.Record of Survey. The applicant must include a record of survey by a professional land surveyor that shows
the consolidation of the lots into a single parcel and meets the requirements of a boundary line adjustment
under Texas Local Government Code Sec. 212.016.
B.Specific Review Procedures.
1.Lot Consolidation in Lieu of Record of Survey. The Planning Director may determine that a Lot
Consolidation application may be used instead of a record of survey if:
a. The lots were created by a map before the County adopted a subdivision approval process;
b. The consolidation of the lots will result in elimination of potential water well; or
c. The consolidation of the lots will reduce the density of the lots or bring the lots into conformance
with existing zoning.
2.Application Requirements. The application for the administrative Lot Consolidation procedure must
include:
a. A completed development application;
b. A completed Lot Consolidation agreement with Harris and Chambers County; and
c. An eight and one-half-inch by eleven-inch plot plan drawn to show the lots with identifying legal
description and measurement of the property.
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3.Map Requirements. The map must:
a. Include an arrow indicating north on the plot plan.
b. Identify the lot, block, adjacent roadways, access roads, and easements.
c. Show the two or more adjoining lots with middle lines designated for removal as a dotted line.
4.Recording Requirements. The plot plan and the Lot Consolidation agreement must meet the general
recording requirements of Texas Local Government Code Sec. 212.016.
5.Affirmative Findings. In order to approve a Lot Consolidation, the final decision-making body established
in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the
applicable decision criteria.
C.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Lot
Consolidation, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and must consider if the request will result in no substantial or undue adverse
effect on adjacent properties, the character of the neighborhood, traffic conditions, parking, public
improvements, public sites, or right-of-way, or other matters affecting the public health, safety, and general
welfare.
D.Final Approval and Recording Procedures.
1.Recordation. When the Planning Director approves a Lot Consolidation, either a record of survey or a Lot
Consolidation agreement and plot plan must be recorded in the office of the County Clerk.
2.Effective Date. Lot Consolidations become effective upon the Lot Consolidation being recorded. This Lot
Consolidation process will not affect any existing easement or dedication of record.
E.Further Subdivision of a Consolidated Lot. Any further subdivision of a Consolidated Lot using this section
must be done by subdivision map, parcel map, or division into large parcels and meet the requirements of
this title and Texas Local Government Code Sec. 212.016.
Sec. 7.35 Construction Plans
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny Construction
Plans, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria, and conform to the City's Engineering Minimum Design Standards and Specifications.
B.Specific Review Procedures. In order to approve Construction Plans, the final decision-making body
established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the
applicable decision criteria.
Sec. 7.36 Building Permit
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Building
Permit, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria, and complies with the City's Building Code.
B.Specific Review Procedures. In order to approve a Building Permit, the final decision-making body
established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the
applicable decision criteria.
Sec. 7.37 Floodplain Development Permit
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Procedures for a Floodplain Development Permit are outlined in Chapter 110, Article II, Division 2, Sec. 110-69,
Floodplain Development Permit Procedures, of the City's Code of Ordinances.
Sec. 7.38 On-Site Water or Wastewater Permit
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny an On-Site
Water or Wastewater Permit, the review bodies shall consider the applicable common decision criteria in
Sec. 7.24, Common Decision Criteria, and the following:
1.TCEQ. The development complies with the requirements of the Texas Commission on Environmental
Quality.
2.Code of Ordinances. The development fails to meet applicable standards for public wastewater
connections in Sec. 4.27, Public Water and Wastewater Systems.
3.Impact on Surroundings.
a. The impact on surrounding properties and environmentally sensitive areas adjacent to the
development is minimal; and
b. The impact on surrounding properties' ability to develop with suitable access to
wastewater facilities is minimal.
4.Lot Characteristics. The total number of lots, size of lots, and overall density of the development is
suitable for on-site wastewater;
5.Environmental Factors. The suitability of the soil conditions, topography, and other environmental
factors affecting the development for the installation of the individual on-site wastewater disposal
systems;
6.Master Plans. The proposal complies with the City’s wastewater collection system master plans;
7.Economic Feasibility. The subject property is greater than 180 feet from the existing wastewater
collection system.
B.Specific Review Procedures. In order to approve an On-Site Wastewater Permit, the final decision-making
body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of
the applicable decision criteria.
Sec. 7.39 Sign Permit
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Sign
Permit, the review bodies shall consider the applicable common decision criteria in 7.24, Common Decision
Criteria, and the following:
1. The sign does not substantially impede the flow of surface water.
2. The sign is compliant with any other applicable requirements of the City of Baytown Code of
Ordinances; and
3. The sign conforms to the standards set out in Division 3.6, Signs.
B.Specific Review Procedures. In order to approve a Sign Permit, the final decision-making body established in
Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable
decision criteria.
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Sec. 7.310 Temporary Use Permit
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Temporary
Use Permit, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria, and the following:
1.Temporary Use Standards. The applicable standards detailed in Sec. 2.36, Temporary Use Standards.
2.Size and Safety of Event. The Planning Director may deny a permit if the use is too large to be safe for
the site, neighborhood, street, or infrastructure.
B.Specific Review Procedures.
1.Additional Conditions. The Planning Director, in coordination with other City staff, may establish
additional conditions that are desirable to ensure land use compatibility or minimize potential adverse
impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not
limited to, the following:
a.Hours of Operation. The modification of or restrictions on hours of operation;
b.Clean Up. Posting of a performance bond to ensure clean-up and removal of signs, equipment,
trash, and other similar items; and
c.Attendance. Limitations on the attendance of an event.
2.Affirmative Findings. In order to approve a Sign Permit, the final decision-making body established in
Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable
decision criteria.
C.Effect. Approval of a Temporary Use Permit authorizes the temporary activities on the property that is
subject to the permit.
Sec. 7.311 Certificate of Occupancy
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Certificate
of Occupancy, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria.
B.Specific Review Procedures. In order to issue a Certificate of Occupancy, the final decision-making
body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of
the applicable decision criteria.
C.Residential and Accessory Structures. Construction associated with single-unit detached and duplex
dwellings under the scope of the International Residential Code shall be exempt from requirements for a
Certificate of Occupancy; however, such buildings shall not be occupied or used until released by the Building
Official after approval of all required inspections. Such approval is subject to revocation by the Building
Official in the same manner as that for Certificates of Occupancy.
Sec. 7.312 Written Interpretation
A.Specific Decision Procedures. The procedures outlined in Division 7.2, Common Review Procedures, shall
apply.
B.Specific Review Criteria. The Planning Director may base the interpretation on one or more of the following:
1.Other Sources. Sources outside of the ULDC that provide additional information on the provision in
question, such as technical or professional literature.
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2.Legislative History. The legislative history of the provision.
3.Other Interpretations. Other interpretations rendered by the Planning Director associated with the same
or related provisions of this ULDC.
4.Law. Any provision of this ULDC, state law, or federal law that are related to the same subject matter.
5.Purpose Statements. The purpose statement for the ULDC Article, Division, or Section.
6.Word Meanings.
a. The plain and ordinary meaning of the terms that are subject to the application for an
interpretation as set out in a dictionary of common usage;
b. The provisions of Article 10, Word Usage; and
c. Any technical meanings of words used in the provision and in context with the meaning of the
provision.
7.Materials or Scenario. The materials or scenario posed by the applicant.
C.Effect.
1.No Legal Advice. No written interpretation shall be construed as legal advice.
2.Final Decision. For purposes of appeal, a Written Interpretation is deemed a final decision. An appeal of
a Written Interpretation shall take place in accordance with Sec. 7.28, Appeals.
3.Recordkeeping. The Planning Director shall keep records of interpretations made pursuant to this
Section.
Sec. 7.313 Minor Modification of an Approved Application
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Minor
Modification of an Approved Application, the review bodies shall consider the applicable common decision
criteria in Sec. 7.24, Common Decision Criteria, and the following:
1.Application Type. The approved application being modified is Site Development Plan, Master
Development Plan, Temporary Use Permit, or Variance;
2.Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously
approved total GFA of the structure;
3.Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
4.Position. A shift in a structure's position is less than 10 feet and does not encroach into a required
setback or an easement;
5.Density. The overall density of the project does not increase as a result of the change in GFA, height, or
position; and
6.Condition of Approval. The proposal does not violate a condition of approval for the original application.
B.Specific Review Procedures.
1.All Other Modifications. All other modifications that do not meet the specific review criteria in
paragraph (A), above, shall require submittal of a new application.
2.Affirmative Findings. In order to approve a Minor Modification of an Approved Application, the final
decision-making body established in Sec. 7.210, Development Review Summary Table, shall make
affirmative findings on all of the applicable decision criteria.
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C.Effect. Approving a Minor Modification of an Approved Application shall authorize only the particular
deviations from the original approved application to the extent provided in the approval of the Minor
Modification.
Sec. 7.314 Right-of-Way License
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Right-of-
Way License, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria, and any other applicable standards or conditions imposed throughout the review process
for the project.
B.Specific Review Procedures.
1.Affirmative Findings. In order to issue a Right-of-Way License, the final decision-making
body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on
all of the applicable decision criteria.
2.Application Requirements. No person shall lay, construct, build, repair, or rebuild any sidewalk,
driveway, curb, or gutter on any street, alley, or thoroughfare within the city without:
a. Applying to the Planning Director for a license to do such work;
b. Paying a license fee of $10.00; and
c. Obtaining a permit from the Planning Director to do such work.
Sec. 7.315 Easement Encroachment License
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny an
Encroachment License, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review
process for the project.
B.Specific Review Procedures.
1.Affirmative Findings. In order to issue an Easement Encroachment License, the final decision-making
body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on
all of the applicable decision criteria.
2.Application Requirements. Application for a permit required under this Section shall be addressed in
writing to the Planning Director, and the applicant shall set forth the following:
a. The name and address of the person seeking the permit;
b. The name and address of the contractor employed to do the work, if any;
c. The nature of the building, structure, or edifice proposed to be erected, including the type of
construction proposed;
d. The use or occupancy to which such proposed building is to be placed;
e. The name of the subdivision, if any, and the lot and block number where it is proposed to be built;
and
f. Whether or not such proposed building, structure, or edifice or any part thereof will be in, upon,
over, or across any easement granted to the City or upon, over, or across any privately constructed
sanitary sewer, storm sewer, water main, or electric line conduit of which the applicant has actual
or constructive notice.
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C.Effect.
1.Appeal from Denial. If the City Engineer refuses to grant a permit required under this Section, the
applicant may have such action reviewed by an appeal to the City Council in writing within ten days after
the decision of the City Engineer is published. The hearing on the appeal to the City Council shall be de
novo, and the decision of the City Council shall be final.
2.Permit to Maintain when Construction Permit not Obtained. If it appears to the City Engineer, upon
written application by any person, that a building, structure, or other edifice has been constructed upon
or across any sanitary sewer, storm sewer, water main, or easement granted for the purpose of
constructing and maintaining such utilities and that such construction was done without the required
permit through inadvertence, mistake, or ignorance of the existence, the City Engineer is empowered to
issue a permit to maintain such building, structure, or edifice, provided that, upon investigation, the City
Engineer is satisfied that a permit would have been granted in the initial instance prior to construction.
If the City Engineer refuses to issue the permit to maintain as provided in this section, the applicant shall
have the same right to appeal to the City Council as provided in Paragraph C.1.
Division 7.4 Master Plans, Amendments, and Special Uses
Sec. 7.41 Master Development Plan
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Master
Development Plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and the following:
1.Phasing. The development is phased in a manner that assures an adequate mixture of residential and
nonresidential land uses, for a Planned Unit Development, and allows for transition from the early
phases to completion, relating to the intensity of uses and parking.
2.Undeveloped Space. Together with the developed areas, the undeveloped spaces devoted to natural
resource preservation, buffering of uses, and for passive and active recreational use are continuous
throughout the development and where appropriate may double as stormwater best management
practices.
3.Streets and Parking. The streets are designed in conformance with Article III, Streets, of Chapter 109 of
the Code of Ordinances, and, where appropriate, for multi-modal purposes, including being used as
access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking
is well-distributed and designed to preserve an urban streetscape for a Planned
Unit Development, where the context is appropriate.
4.Walkability. For Planned Unit Developments, the connections within and between buildings, civic
spaces, parking areas, and to the surrounding development; the presence of amenities and other
pedestrian improvements; and the proximity of origins and destinations both internal and external to
the development are such that walking and bicycling are safe and viable modes of transportation.
5.Quality Design. The design of buildings and hardscape and landscape areas help to establish visual
interest, aesthetic appeal, and a unique identity for the development, including as key considerations
human-scale amenities, integration of civic and open spaces for public interaction, and protection from
the environmental elements.
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6.Building Form and Massing. For Planned Unit Developments, the placement, arrangement, size, and
relationships of buildings relative to streets, pedestrian and civic spaces, and one another create an
urban environment.
7.Site Layout. The subject property is laid out in an efficient manner relative to the natural and built
environments and designed to achieve the aims of a compact, highly walkable environment, whether
through traditional sidewalks and walkways for Planned Unit Developments or through trails for cluster
developments.
B.Effect. Upon approval, all subsequent site development plans and other permits shall clearly demonstrate
consistency and conformance with the adopted Master Development Plan.
Sec. 7.42 ULDC Text Amendment
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a ULDC Text
Amendment, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria, and the following:
1.Impact Mitigation. The proposal helps to mitigate adverse impacts of the use and development of land
on the natural or built environments, including, but not limited to, mobility, air quality, water quality,
noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
2.Changing Condition. The amendment is necessary to address a changing condition that was not
anticipated in the Comprehensive Plan or this ULDC; and
3.Strategic Objectives. The proposal advances the strategic objectives of the City Council, such as fiscal
responsibility, efficient use of infrastructure and public services, and other articulated City objectives.
B.Specific Review Procedures.
1.Minor Updates and Changes. If necessary, the Planning Director may, with approval on the Planning and
Zoning Commission as a Consent Agenda item:
a. Correct spelling or punctuation errors;
b. Make cross-reference changes (because another section of this ULDC or the City's Code of
Ordinances has been moved or changed);
c. Correct cross-reference errors; and
d. Update graphics and images that do not change any substantive standards of this ULDC.
2.Significant Changes. If the Planning and Zoning Commission deems the proposed changes by the
Planning Director to be significant, then the Planning Director may pursue a formal Text Amendment in
accordance with this Section.
C.Effect.
1.No Retroactive Cure of Violations. The amendment of the text of this ULDC may transform a legally
nonconforming situation into a conforming one. However, no text amendment shall be considered for
the sole purpose of curing a violation of any part of this ULDC.
2.Effective Date. Approval of a ULDC Text Amendment shall take effect upon the effective date of the
ordinance or resolution approving the amendment.
Sec. 7.43 Zoning Map Amendment
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A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Zoning
Map Amendment, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and the following. All of the following criteria shall be applied by the
Planning Director, the Planning and Zoning Commission and the City Council in the review of
requests for Rezoning or Zoning Map Amendment.
1.Changed Conditions. There are changed conditions;
2.No Adverse Impacts on the Natural Environment. The Zoning Map Amendment would not result in
adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater
quality, wildlife, vegetation, and wetlands; and
3.Addresses Community Need. The application addresses a demonstrated community need.
B.Specific Review Procedures.
1.Recommendation of Denial of Rezoning Request. If the Planning and Zoning Commission recommends
denial of a Zoning Map Amendment, the City Council shall only approve the request with a three-fourths
majority vote of all voting members (present and absent) of City Council.
2.Protest Against Rezoning. A Zoning Map Amendment shall not become effective except by a favorable
vote of three-fourths of all members of the City Council if either of the following sign a valid protest
against the amendment:
a.Owners of 20 percent or more of the land included in such proposed Amendment; or
b. Owners of 20 percent of the land within 200 feet of the subject property. The land area within this
radius includes any intervening public street or alley.
C.Effect. Approval of a Zoning Map Amendment shall take effect upon the effective date of the resolution
approving the amendment.
Sec. 7.44 Special Use Permit
A.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Special Use
Permit (SUP), the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common
Decision Criteria, and the following:
1.SUP Standards. All the standards of Sec. 2.34, Special Use Standards, as applied to the proposed special
use are met;
2.Nuisance Prevention. Adequate nuisance prevention measures will be taken and maintained to prevent
or control offensive odor, fumes, dust, light, noise, and vibration prior to the issuance of a Certificate of
Occupancy;
3.Harmony. There are sufficient landscaping, screening, setbacks, and other land use measures to ensure
harmony and compatibility with adjacent property; and
3.Additional Requirements. The site plan meets the criteria set forth in Paragraph (B) below.
B.Additional Criteria for Special Use Permits. The Planning and Zoning Commission may recommend and the
City Council may adopt other conditions on any Special Use Permit application that are needed to protect the
public health, safety and welfare, including, but not limited to, hours of operation and additional landscape
or parking requirements.
1.Occupation, Construction, Alteration, Extension, or Expansion. It shall be unlawful for any person to
occupy, construct, alter, extend or expand any use within a zoning district which permits that use only
as a special use unless a Special Use Permit has first been issued by the City Council for the specific
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occupation, construction, alteration, extension or expansion of the proposed use in accordance with the
provisions of this Section. If approved, the permit shall be issued specifically to the person named in the
application for the permit and shall not be transferred without providing prior written notification to
the Planning Director.
2.Compliance and Documentation. All uses that receive a Special Use Permit as required under this
Section shall meet all applicable regulatory requirements of the state and federal government and shall
meet all applicable requirements of this and other pertinent ordinances of the City.
Applicants for Special Use Permits shall provide documentation that identifies all applicable federal and
state licensing requirements for the proposed facilities at the time of application. Copies of the
documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates)
shall be provided to the City no later than 60 days of issuance of the compliance documents.
3.Location Determination. Prior to leasing or purchasing facilities, potential heavy industrial use
developers are strongly encouraged to meet with the Planning Director to determine if the location
will require a Special Use Permit or other approvals and to review the merits of potential locations.
4.Site Plan Required. All applications for a Special Use Permit shall be filed with the Planning Director. The
application shall be accompanied by a site plan which, along with the application, will become a part of
the Special Use Permit, if approved. The accompanying site plan shall provide the following information:
a. For recreational vehicle parks:
i. General layout of the development; and
ii. Number of recreational vehicle stands; or
b. For all other developments requiring a Special Use Permits:
i. Data describing all processes and activities involved with the proposed use;
ii. Data showing compliance with the conditions listed in 2.34, Special Use Standards;
iii. Site plan showing lot size and boundaries drawn to scale;
iv. The location of each existing and proposed building and structure in the area covered by the
site plan and the number of stories, height, roofline and gross floor area of any such building
or structure, walls, fences, and buffering. All items on site plan shall be dimensioned;
v. The location of existing natural and manmade stormwater facilities and significant natural
features;
vi. Proposed wastewater facilities and points of discharge;
vii. Proposed landscaping and screening buffers;
viii. The location and dimensions of all curb cuts, public and private streets, parking and loading
areas, pedestrian walks, lighting facilities, and outdoor trash storage facilities;
ix. Traffic impact analysis, unless the applicant secures a written waiver from the City Engineer
stating that the proposed use will have no significant impact on the City's traffic system; and
x. Anticipated permits required regarding pollutants, wetlands and hazardous materials.
5.Technical Expert. When a Special Use Permit is required to comply with the provisions of this ULDC and
when the technical information provided by the applicant is beyond the technical capacity of the City
staff to review the application, in addition to the usual application fee, the applicant shall reimburse the
City for the actual cost to the City for the services of a technical expert to review the application and/or
information supplement. The Planning Director shall notify the applicant in writing at least five working
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days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his
application or provide feedback on the hiring of the technical expert.
C.Specific Review Procedures.
1.Application. In addition to requirements in Sec. 1.14, Application Submittal, Fees, and Completeness,
SUP applications shall include the following substantive information:
a. The grounds on which the special use is requested;
b. A site plan; and
c. A statement regarding how the proposed special use meets all applicable requirements of this
ULDC.
2.Simultaneous Processing. An application for a SUP may be processed simultaneously with other required
applications, such as a Zoning Map Amendment, and approval of the other applications may be a
condition of approval of the SUP. However, each application shall be processed on its own independent
merits according to the standards applicable to the application.
3.Conditions of Approval.
a.Generally. In addition to the general requirements listed above, uses requiring a SUP shall be
subject to the imposition of conditions for each use outlined below:
i. Assurance that the special use is developed exactly as presented in drawings, exhibits, and
assertions made at the hearings.
ii. Limit uses, reduce density, and/or increase open space, landscaped surfaces, or
environmental protection to ensure that the special use is consistent with the area's
character or adequately protects the use and enjoyment of neighboring property.
iii. Limit the length of time a special use may exist or provide for periodic review of the
appropriateness of the use, or provide for eventual elimination of the use.
iv. Impose conditions on hours of operation and the use of outdoor lighting.
v. Impose any other conditions that ensure the general purposes, goals, and objectives of the
Comprehensive Plan and this Code are met.
vi. Prevent or minimize adverse effects from the proposed special use and development on
other properties in the neighborhood and on the public health, safety, and welfare.
b.Acceptance of Conditions.
i. All conditions and restrictions shall be provided in writing to the applicant within three days
of approval by the City Council.
ii. The applicant shall submit a written statement agreeing to the approval and all conditions
within ten days of the date of the written notice of the conditions and restrictions.
iii. If the conditions are accepted, the project is approved. If no agreement is offered or if the
conditions are rejected, the application is denied.
4.Amendment of SUP Approval. No use or activity permitted as a SUP shall be enlarged or extended
beyond the limits authorized in the grant of special use approval. All enlargements, extensions, and
changes in use shall require a new application for a special use to reflect the change(s).
5.Revocation. The Planning Director may revoke a Special Use Permit if it is determined that any of the
following are true:
a. The applicants have misrepresented any material fact on their application, or supporting materials;
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b. The special use fails or ceases to comply with applicable standards, conditions or
criteria for issuance of a permit;
c. The operation of the special use violates any statute, law, ordinance or regulation; or
d. The operation of the special use constitutes a nuisance or poses a real or potential threat to the
health, safety or welfare of the public.
6.Expiration. A lapse of a period greater than 24 months from the date of City Council approval causes the
Special Use Permit and all related approvals or permits to expire and be of no further force and effect
unless one of the following conditions are met:
a. The holder of the Special Use Permit is issued a Certificate of Occupancy for the use specified in the
Special Use Permit;
b. If no Certificate of Occupancy is required, the holder of the Special Use Permit is issued a
Certificate of Completion for the use specified in the Special Use Permit; or
c. In projects where the use will be established on the property in phases, the applicant may submit a
series of permit applications to prevent the Special Use Permit from expiring. The phasing plan
must be annotated on the application for the Special Use Permit. The first Certificate of Occupancy
or completion must be issued within 24 months of Special Use Permit approval. No more than 24
months shall pass between subsequent issuances of Certificates of Occupancy or Completion until
the project specified in the Special Use Permit is complete.
d. If expired, a new Special Use Permit application must be submitted and approved before engaging
in the use.
7.Discontinuation of Use. A Special Use Permit shall expire 12 months following the discontinuation of the
use for which the Special Use Permit was approved.
D.Effect of Decision.
1.Authorization. An approved SUP authorizes a use or structure according to specific standards set out in
this ULDC and conditions of approval. Approval of a special use does not directly authorize development
if other approvals are also required by this ULDC. Therefore, development approved by a special use
shall not be carried out until the applicant has secured all other development approvals required by this
ULDC.
2.Official Zoning Map Annotation. Upon approval of a SUP, the Planning Director shall indicate the same
in the proper place on the Official Zoning Map by use of an appropriate code number or symbol.
3.Transferability. A SUP is not transferable between property owners or between operators or applicants
unless the City Council stipulates as such as part of its approval of the SUP.
Sec. 7.45 Planned Unit Development
A.Detail Plan Requirements. The application for PUD district must have a Detail Plan, which shall include the
following:
1.Purpose. The Detail Plan contains the details of development for the property;
2.Relation to the Comprehensive Plan. A general statement setting forth how the proposed development
will relate to the City's Comprehensive Plan and the degree to which it is or is not consistent with the
Comprehensive Plan and the proposed base zoning district;
3.Acreage. The total acreage in the plan as shown by a survey or plat, certified by a registered professional
land surveyor;
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4.Land Uses. Permitted uses, specified in detail, and the acreage for each use;
5.Off-Site Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities, and other
existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility
of the development to the surrounding properties, uses, and facilities;
6.Traffic and Transportation. The location and size of all streets, alleys, parking lots and parking spaces,
loading areas or other areas to be used for vehicular traffic; the proposed access and connection to
existing or proposed streets adjacent to the development, and the traffic generated by the proposed
uses. Identify the relationship of each proposed street to the City's major thoroughfare plan;
7.Development Standards. Development standards, if different from the base zoning district, for each
proposed land use, as follows:
a. Minimum lot area;
b. Minimum lot width and depth;
c. Minimum front, side, and rear building setback areas;
d. Maximum height of buildings;
e. Maximum lot coverage;
f. Maximum floor-to-area ratios for nonresidential uses;
g. Minimum parking standards for each general land use; and
h. Other standards as deemed appropriate.
8.Existing Conditions. On a scaled map sufficient to determine detail, the following shall be shown for the
area within the proposed development:
a. Existing streets;
b. Existing 100-year floodplain, floodway, and major drainage ways;
c. Zoning districts within and adjacent to the proposed development;
d. Land use; and
e. Utilities, including water, wastewater, and electric lines.
9.Buildings. The locations, maximum height, maximum floor area, and minimum setbacks for all
nonresidential buildings;
10.Residential Development. The numbers, location, and dimensions of the lots, the minimum setbacks, the
number of dwelling units, and number of units per acre (density);
11.Water and Drainage. The location of all creeks, ponds, lakes, floodplains or other water retention, or
major drainage facilities and improvements;
12.Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to
serve the development;
13.Open Space. The approximate location and size of greenbelt, open, common, or recreation areas, the
proposed use of such areas, and whether they are to be for public or private use;
14.Sidewalks and Bike Paths. Sidewalks or other improved ways for pedestrian or bicycle use;
15.Landscape Plan. A landscape plan; and
16.Phasing Schedule. A development larger than 100 acres shall provide a phasing schedule depicting the
construction phases.
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B.Approval and Modification of Detail Plan and PUD. The City Council may approve by ordinance a Detail Plan
and the creation of a PUD based upon a Detail Plan. The Detail Plan shall be made part of the ordinance
establishing the PUD. Upon approval the PUD shall be indicated on the Zoning Map. The development
standards and requirements delineated in the Detail Plan shall be binding. Substantive modifications in these
regulations or the Detail Plan may be granted by the Council if the Council finds that such modifications are
in the public interest, are in harmony with the purposes of this ULDC, and will not adversely affect nearby
properties. Minor Modifications may be granted in accordance with 7.313, Minor Modifications of an
Approved Application.
C.Expiration of Detail Plan. A Detail Plan shall be valid for two years from the date of its approval. If a Building
Permit has not been issued within the two years, the Detail Plan shall automatically expire and no longer be
valid. The City Council may, prior to expiration of the Detail Plan, for good cause shown, extend for up to 12
months the time for which the detail plan is valid. If the detail plan is part of a PUD, the City Council may
remove the PUD designation from the property in accordance with 7.43, Zoning Map Amendment.
D.Review of Progress and Termination of Detail Plan. Annually, on or about the time of the original City
Council approval, the Planning and Zoning Commission may review progress on the development. If the
Planning and Zoning Commission does not find that the developer has made measurable progress on the
development, then the Planning and Zoning Commission may recommend to the City Council to remove the
PUD designation from the property in accordance with Sec. 7.43, Zoning Map Amendment.
E.Deviation from Code Standards. The City Council may approve a PUD or detail plan with deviations from any
provision in this ULDC. Such deviations shall be listed or shown as part of the ordinance that approves the
detail plan or PUD. The focus shall be on the provision of private open space, trails and connections to the
public trail system, higher standards for site design, and the provision of other amenities such as community
buildings, preservation of view corridors, for example.
Division 7.5 Variances and Administrative Appeals
Sec. 7.51 Variance
A.Prohibitions and Exceptions. Some requests for relief are not within the jurisdiction of the Board of
Adjustment and are, therefore, either prohibited or not subject to this Section. These requests are:
1.Use and Sign Type Variances. Variances are prohibited that would allow a land use or a sign type in a
zoning district in which the use or sign type is prohibited.
2.Variances to Other Laws or Regulations. Variances to state or federal laws or to regulations outside of
this ULDC are not subject to this Section.
3.Conditions of Approval. An applicant may seek modifications to conditions of approval on an approved
application. Such requests shall be subject to the review procedures of a new application.
4.Parking Credits and Reductions. Adjustments to the number of parking spaces required are not subject
to this Section and may only be authorized in accordance with Sec. 3.35, Parking Credits and Reductions.
5.Subdivision Standards. Relief from the requirements of Article 4, Subdivision Design, is not subject to
this Section and may only be authorized in accordance with Sec. 7.66, Waiver.
B.Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Variance,
the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision
Criteria, and the following:
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1.Variances for Signs. Criteria for Variance requests regarding signs are outlined in Division 3.6, Signs, of
this ULDC.
2.Other Variances. To approve the application, affirmative findings shall be made of all applicable criteria,
including the following:
a.Special Circumstances or Conditions Exist. There are special circumstances or conditions existing on
the property on which the application is made related to size, shape, area, topography,
surrounding conditions, and location that do not apply generally to other property in the same area
and in the same zoning district;
b.Not Created by Applicant and Not Financial. The special circumstances or conditions existing on the
property were not created by the applicant and are not merely financial;
c.Use of Property. Such special circumstances or conditions existing on the property on which the
application is made deprive the applicant of the same rights in the use of his property that are
presently enjoyed by other owners of properties located in the vicinity and same zoning district;
d.Will Not Adversely Affect Land Use Pattern. Granting of the variance on the specific property will
not adversely affect the land use pattern as outlined by the City's Comprehensive Plan; and
e.Not Detrimental to Public. Granting of a variance will not be detrimental to the public health,
safety, or welfare or injurious to the use, enjoyment, or value of other property in the vicinity.
C.Specific Review Procedures.
1.Procedures. Procedures for Variance requests regarding signs are outlined in Division 3.6, Signs, of this
ULDC.
2.Affirmative Findings. In order to approve a Variance, the final decision-making body established in
Sec. 7.11, Development Review Summary Table, shall make affirmative findings on all of the applicable
decision criteria.
D.Effect.
1.Particular Variation. Issuance of a Variance shall authorize only the particular variation that is approved
in the variance request.
2.Property Ownership. A Variance shall run with the land and not be affected by a change in ownership.
3.Other Approvals. Approval of a Variance does not guarantee that the development shall receive
subsequent approval for other development review applications unless the relevant and applicable
portions of this ULDC or any other applicable provisions are met.
Sec. 7.52 Variance, Floodplain
Procedures for Variance, Floodplain are outlined in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of
the City's Code of Ordinances.
Sec. 7.53 Appeal of Administrative Decision
A.Specific Decision Criteria. In determining whether to affirm, partially affirm, or reverse an Appeal of
Administrative Decision, the review bodies shall consider the applicable common decision criteria in
Sec. 7.24, Common Decision Criteria, and the following:
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1.Record and Evidence. The administrative decision was appropriate considering the written record of the
case and the evidence presented; and
2.Ordinance Requirements. The decision reflects the requirements contained in this ULDC.
B.Specific Review Procedures.
1.Transmission of Records. The staff person whose decision is appealed shall transmit to the Board of
Adjustment all of the documents constituting the record of the appealed action.
2.Burden of Proof in Appeals. The Board of Adjustment shall presume as valid the final decision being
appealed. The appellant shall present sufficient evidence and have the burden to justify a reversal of
the decision being appealed.
3.Affirmative Findings. In order to act on an Appeal of Administrative Decision, the final decision-making
body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on
all of the applicable decision criteria.
C.Effect.
1.Stay of Proceedings. An Appeal of Administrative Decision shall stay all proceedings in furtherance of the
action being appealed by the official from which the appeal is taken unless the official certifies that
a stay would cause imminent peril to life or property.
2.Final Decision. The Board of Adjustment shall have the final decision-making powers of the
administrative official from whom the appeal is taken. Further appeals of the Board's decision shall be
heard by a court of competent jurisdiction.
3.No Variance. A decision on an Appeal of Administrative Decision cannot, in effect, grant or issue a
Variance.
Division 7.6 Subdivision Review Procedures
Sec. 7.61 Development Plat
A.Generally. In addition to the applicable required procedures in Sec. 7.24, Common Decision Criteria, the
following shall apply to Development Plats.
B.Purpose. Pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041
through 212.050, the purpose of a Development Plat is to allow for development of a property for non-
agricultural purposes:
1.Never Platted or Replatted. That has not been platted or replatted on or before the effective date of this
ULDC;
2.Exemption from Subdividing. For which the property owner claims an exemption from the requirements
to submit a Minor, Amending, Preliminary, or Final Plat or a Replat;
3.Private Access. For which the only access is a private easement or street; or
4.Greater than Five Acres. The division of which will result in parcels or lots each of which is greater than
five acres in size, and where no public improvement is proposed to be dedicated or constructed.
C.Exceptions. No Development Plat shall be required where the land to be developed has received Final Plat or
Replat approval on or before the effective date of this ULDC.
D.Specific Decision Criteria.
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1.Review and Decision. In determining whether to approve, approve with conditions, or deny
a Development Plat, the review bodies shall consider the applicable common decision criteria in
Sec. 7.24, Common Decision Criteria, and the following:
a.Safety Hazard. The proposed development will not create a safety hazard on a public roadway
(such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted
access/gated entrance).
b.Public Improvements. Appropriate agreements for acceptance and use of public improvements to
serve the development have been tendered.
c.Standards and Specifications. The proposed development conforms to the design and improvement
standards contained in the City's Engineering Design Standards and Specifications.
2.Required Approval. If the Planning and Zoning Commission finds that a Development Plat complies with
all applicable decision criteria, then it is required to approve the Plat.
Sec. 7.62 Preliminary Plat
A.Applicant Responsibilities. Preliminary Plats shall not be placed on the Planning and Zoning Commission
agenda for consideration unless the plat and other required documents are received by the Planning
Director before the stated filing deadline, comply with Sec. 7.22, Application Submittal, Fees, and
Completeness, and meet the following requirements:
1.Prepared by a Surveyor. A Preliminary Plat shall be prepared by a Professional Land Surveyor registered
in the State of Texas.
2.Notice on Plat. The following notice shall be printed on the face of each Preliminary Plat submitted:
"Preliminary Plat - for inspection purposes only and in no way official or approved for recording
purposes."
3.Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI
or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information.
However, one dimension of the plat sheet may not exceed 36 inches.
4.Contents. The subdivider shall provide the following items in a legible manner on a Preliminary Plat.
a. All unsubdivided contiguous land under single or common ownership shall be included in the
Preliminary Plat. However, if approved by the Planning Director prior to submittal, the limits of a
Preliminary Plat may include a portion of the owner's contiguous land and extend to known
identifiable limits such as collector streets or other well-defined development barriers.
b. Location map, legibly illustrating the general position of the property relative to at least two
intersecting City of Baytown arterial streets or State highways.
c. Scale, north arrow, date, exact acreage, proposed subdivision name, and other pertinent site-
specific descriptive information.
d. Property owner's name, address, and telephone number, including the record owner and warranty
deed recording information of the proposed subdivision.
e. Accurate one-foot interval contours according to NAD83/NAVD88 datum or subsequent
established United States Geodetic Survey data adopted by the City. The face of the Preliminary
Plat shall indicate the source, datum, and date of creation for the contour data.
f. The Preliminary Plat must be tied by survey to abutting section corners, or when the proposed
subdivision abuts or is abutting an existing recorded plat, the Preliminary Plat may be tied by
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survey to such existing plat. Boundary lines for the proposed subdivision shall be indicated by
heavy lines. Boundaries for lots and/or tracts within the plat boundary shall be shown in solid
lines. Existing cross streets shall be shown for reference at the property boundary.
g. The approximate location of any City limit lines including labels for inside and outside City limits.
h. The name and location of all abutting subdivisions shall be drawn to the same scale and shown in
dashed lines abutting the tract proposed for subdivision in sufficient detail to show accurately the
existing streets and alleys and other features that may influence the layout and development of the
proposed subdivision. Abutting unplatted land shall show property lines and owners of record. If
the abutting land has a current approved Preliminary Plat, it shall be shown on the Preliminary Plat.
i. The following adjoining and abutting property information shall be shown on all property adjoining
and abutting the plat boundary:
i. Subdivision name, Lot #, Block #, and recording information (if the property is platted);
ii. Name of ownership with deed and recording information (if the property is not platted); and
iii. Any recorded easements known to the surveyor at the time of submittal with recording
information.
j. The location, name, and width of all streets, alleys, public and private easements, and rights-of-way
existing or proposed within the subdivision limits, along with the proposed names of streets.
k. The location of proposed closures of existing streets, alleys, easements, and rights-of-way.
l. The major road system and location of site with respect to the City (southeast, northwest, etc.)
m. The known location of all existing property lines within the area proposed for subdivision.
n. Proposed arrangement of lots. Property for residential use shall be platted as lots and shall be
numbered consecutively from one to the total number of lots in the subdivision. Property platted
for commercial use, public use, or private street use shall be platted as tracts and shall be lettered
in alphabetical order.
o. The title of the proposed subdivision, the name of the owner(s) with sufficient data to show
ownership, and the proponent of the preliminary plat and current landowner(s) at time of
submittal (if different than proponent). The proposed title shall not conflict with any previous
subdivision name.
p. Sites proposed for stormwater drainage and impoundment easements, parks, or other property
owned by the City or any other governmental entity shall contain no blanket or specific utility
easement until approved by the City Engineer or authorized representative of other governmental
entities.
q. A preliminary drainage analysis and map that meets the requirements of the Stormwater
Management Plan of the City.
r. A statement regarding maintenance of any installed detention/retention basins shall be stated on
the face of the plat.
s. Subdivision names shall not change once approved by the Planning and Zoning Commission.
t. All spelling on the plat shall be correct.
B.Specific Decision Criteria.
1.Review and Decision. In determining whether to approve, approve with conditions, or deny
a Preliminary Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24,
Common Decision Criteria, and the following:
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a.Standards and Specifications. The proposed development conforms to the design and improvement
standards contained in the City's Engineering Minimum Design Standards and Specifications.
b.Other Review Bodies. If applicable, approval from any public school district sharing territory with
the City of Baytown and any legislative-created districts.
2.Required Approval. If the Planning and Zoning Commission finds that a Preliminary Plat complies with all
applicable decision criteria, then it is required to approve the Plat.
C.Approval Procedures.
1.Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall approve or
disapprove the application. If the application is disapproved, the Planning and Zoning Commission shall
provide a written statement to the applicant in accordance with Texas Local Government Code Section
212.0091.
2.Applicant Response to Disapproval. The applicant may submit a response to the Planning and Zoning
Commission in accordance with Texas Local Government Code Section 212.0093. If submitted in
accordance with the filing calendar, the Planning Director shall file the response with the Planning and
Zoning Commission for consideration within 15 days.
3.Consideration of Response by Planning and Zoning Commission. The Planning and Zoning Commission
shall approve or disapprove a response submitted in accordance with Texas Local Government
Code Section 212.0093. If the response is disapproved, the Planning and Zoning Commission shall
provide a written statement to the applicant in accordance with Texas Local Government Code Section
212.0091.
D.Revisions and Reapplication. If an owner proposes changes to a Preliminary Plat that do not substantially
comply with the application that was approved by the Planning and Zoning Commission, the applicant shall
prepare a revised Preliminary Plat. The revised Preliminary Plat must be approved by the Planning and Zoning
Commission before the applicant submits a Final Plat.
E.Commission Final Decision.
1.Action. The Planning and Zoning Commission shall make a final decision on the Preliminary Plat at a
regularly scheduled meeting held within 30 days of the date the Plat is filed. This deadline may be
extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period,
without the request of an extension, the Plat shall be deemed to have been approved.
3.After Decision. After the Planning and Zoning Commission makes a final decision on the Preliminary Plat,
the applicant may then submit a Final Plat Application. A Preliminary Plat and a Final Plat of the same
subdivision shall not be placed on the same meeting agenda.
F.Appeal. If the final decision on the Preliminary Plat is appealed, a vote of three-fourths of the City Council
members shall be rendered to overturn the Planning and Zoning Commission’s decision.
G.No Public Dedication. Approval of the Preliminary Plat shall not constitute any real property grant or
dedication or the acceptance of any public improvements.
Sec. 7.63 Final Plat
A.Waiver of Final Plat.
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1. Notwithstanding the general requirements of this ULDC, the Planning Director may, upon review of the
Preliminary Plat submittal as required, not require the submittal of a Final Plat provided the following
specific conditions are met:
a. A utility easement will not be required due to the location and accessibility of the building with
respect to the existing public street system;
b.Density requirements are not exceeded;
c. All structures lie within 150 feet of a dedicated and improved street;
d. No conflict exists with the major thoroughfare plan; and
e. No street right-of-way dedication is required.
2. This action does not release the developer from meeting drainage requirements.
B.Improvements. The Final Plat shall contain dedication for all internal and perimeter streets and alleys and
other improvements within the portion proposed for Final Plat as shown on the approved Preliminary Plat.
C.Land Not to be Excluded.
1.Avoidance. A Final Plat shall not exclude land that should otherwise be included for the purpose of
avoiding requirements of this ULDC, including, but not limited to, the requirement to improve existing
perimeter streets or to dedicate a street designated on the current City of Baytown Master
Thoroughfare Plan.
2.Remainder Tracts. In no case shall a Final Plat exclude land so as to leave a remainder of such size,
shape, or location as not to be developable in substantial compliance with the requirements of this
ULDC.
D.Applicant Responsibilities. The Final Plat shall incorporate all preliminary plat information and conditions
approved by the Planning and Zoning Commission and shall meet the following:
1.Prepared by a Surveyor. A Final Plat shall be prepared by a Professional Land Surveyor registered in the
State of Texas.
2.Boundary and Acreage. The plat boundary and the exact acreage included in that boundary.
3.Name. Title or name of the plat. If a lot or tract is replatted, all land in the original lot(s) or tract(s) shall
be replatted in order to retain the original plat name.
4.Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI
or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information.
However, one dimension of the plat sheet may not exceed 36 inches.
5.Geographic Data. The map scale, horizontal datum, north arrow, and date.
6.Adjacent and Abutting Properties. Referenced by:
a. Name of recorded plats of adjacent and abutting properties;
b. Property lines and owners of record for unplatted land;
c. A specific indication of applicable City Limit boundaries; and
d. The following adjoining property information shall be shown on all property abutting the plat
boundary:
i.Subdivision name, Lot #, Block #, and recording information (if the property is platted);
ii. Name of ownership with deed and recording information (if the property is not platted); and
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iii. Any recorded easements known to the surveyor at the time of submittal with recording
information.
7.Final Plat Survey and Control.
a. The Final Plat dimensional control shall be in units of U.S. Survey Feet to the nearest one-
hundredth of a foot. Directional control shall be shown as bearings to the nearest arc second. The
description of the methodology used and the source, datum, and date of creation of the relevant
points must be included on the face of the plat. Control for a Final Plat shall be established by one
of the following methods:
i. The Final Plat must be tied by survey to adjacent section corners; or
ii. When the approved subdivision abuts or is adjacent to an existing recorded plat of the City of
Baytown or Chambers County, the Final Plat may be tied by survey to such existing plat.
b. The Final Plat shall include horizontal coordinates on at least two of the boundary corners relative
to the Texas Coordinate System of 1983, North Central Zone datum as described in Texas Natural
Resources Code, Title 2, Chapter 21, or subsequently established United States Geodetic Survey
data adopted by the City of Baytown.
8.Lot Lines. Boundary lines of all lots, tracts, and parcels with accurate dimensions, bearings, radii, chord
distances, and central angles of all curve segments, for all total curves. Such lines shall be shown in the
same manner as required for Preliminary Plats in 7.62, Preliminary Plat.
9.Identification. Numbers and letters to identify each lot or tract.
a. Lots shall be numbered consecutively from one to the total number of lots in the subdivision.
Tracts shall be lettered in alphabetical order. Such designation will be continuous in the order that
Final Plats of portions of a Preliminary Plat are recorded with the County Clerk.
b. Replatted lots will be designated alphanumerically (e.g. Lot 1-A), and further subdivision will
alternate numbers and letters (e.g., Lot 1-A-1, Lot 1-A-1-A). The same alternating method will be
used for tracts (e.g., Tract A-1, Tract A-1-A, Tract A-1-A-1).
c. Private Streets and common open space and other common areas shall be platted as separate
tracts and names must be approved by the City of Baytown. Changes to existing private street
names require approval of the City of Baytown Building Official when the changes will affect
existing residents.
10.Street Width and Names. All street and alley rights-of-way and easements shall be clearly shown on the
plat and the purpose and restrictions of use of such easement indicated.
a. Accurate location, dimensions, bearings, radii, chord distances, and central angles of all curve
segments, for all total curves, shall be provided to readily establish the location of rights-of-way
and easements. Location of points of intersection and points of tangency of street intersections
other than right-angle intersections shall be indicated;
b. Bearing, distances, and ties to the property boundary (including medians);
c. A key of abbreviations for easement types, such as utilities, cross-access, tree preservations,
etc., shall be included on the plat;
d. Legal references shall be provided for all previous dedications and easements abutting the
property;
e. Name of each street and width of streets, alleys, and other rights-of-way; and
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f. Approved City Street names shall be shown first followed by any highway designation and
numbering in parentheses if applicable. For example, "19th Street (US 62)".
11.Solid Waste. All platted lots and tracts shall provide for collection of solid waste consistent with Chapter
86, Solid Waste, of the City of Baytown Code of Ordinances unless alternatives are approved by the City
Council.
12.Symbology. All symbology on the plat shall be distinct, consistent, and labeled in the legend. If multiple
features overlap, labels need to be included to distinguish what is proposed.
13.For Review Purposes Only. Temporary labeling shall be required on unrecorded adjacent and abutting
plats considered "in platting process" or "under construction" that is shown on a Final Plat for review.
These labels shall be taken off before final recording.
14.Spelling. All spelling on the plat shall be correct.
E.Specific Decision Criteria.
1.Review and Decision. In determining whether to approve, approve with conditions, or deny a Final Plat,
the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision
Criteria, and conformance to applicable portions of the approved Preliminary Plat.
2.Required Approval. If the Planning and Zoning Commission finds that a Final Plat complies with all
applicable decision criteria, then it is required to approve the plat.
F.Final Decision.
1.Action. The Planning and Zoning Commission shall make a final decision on the Final Plat within 30 days
of the date the plat is filed. The deadline may be extended an additional 30 days if the applicant
requests Planning and Zoning Commission approval.
2.No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period,
without the request, the plat shall be deemed to have been approved.
G.Illegal Subdivision. Where an applicant seeks approval of a Final Plat for land that was subdivided in violation
of this ULDC, state law, or any prior Ordinance, and the development cannot comply with this ULDC because
of the unlawful subdivision, the Planning Director may deny the plat, taking into account requirements
related to lot area, lot width, and the ability to configure the proposed use on the lot.
H.No Acceptance of Public Improvements. Approval of the Final Plat shall not constitute the acceptance of
any public improvements unless, and until, the City Engineer specifically agrees to such acceptance.
I.Recording. Within 10 days of receipt and approval of the above documents, the Planning Director shall
record the approved Final Plat with the Chambers County Clerk. After the plat has been recorded, the
Planning Director shall issue to the subdivider the necessary copies of the approved and signed Final Plat
along with the Chambers County filing number. Impact fees are determined in accordance with Chapter 114,
Sewer and Water Line Extensions, Article IV, Impact Fees, of the Baytown Code of Ordinances.
J.Preliminary Plat Renewal.
1.Phasing. For a development to be constructed in phases, the Final Plat may include only a portion of the
land included in the Preliminary Plat.
2.Two-Year Period. Where only a portion of an approved Preliminary Plat is submitted for Final Plat
approval, a Final Plat of the remaining area may be submitted at any time within two years of the date
of Preliminary Plat approval.
3.Renewal and Expiration. If a Final Plat of the remaining area has not been submitted within the two-year
time period, the portion of the Preliminary Plat for which no Final Plat has been submitted shall be
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deemed null and void. However, if at least one phase of the Preliminary Plat has received Final Plat
approval, its public improvements have been completed, and it has been recorded with the Chambers
County Clerk, an extension to the two-year time limit shall be automatically granted for all phases.
K.Street Closure. Any streets, alleys, or easements dedicated to the public within the proposed Final Plat
boundaries that are proposed for closure shall be closed by ordinance before the Final Plat can be recorded.
These closures shall not be indicated on the Final Plat. The procedure for right-of-way closure is as follows:
1. Application for closure;
2. Preparation of Final Plat or Replat and indicating closed right-of-way;
3. Council approval of closure;
4. File closure ordinance; and
5. Final Plat recorded.
Sec. 7.64 Replat
A.Applicant Responsibilities. Except as provided in this Subsection, applicant responsibilities shall be the same
as those for a Final Plat.
B.Replatting Without Vacating Preceding Plat. In accordance with Texas Local Government Code Sections
212.014, 212.0145, and 212.015, a Replat of a subdivision or part of a subdivision may be recorded and is
controlling over the preceding plat without vacation of that plat if the Replat:
1. Is signed and acknowledged by only the owners of the property being replatted;
2. Is approved, after a public hearing by the Planning and Zoning Commission on the matter, if required by
Texas Local Government Code Section 212.015; and
3. Does not attempt to amend or remove any covenants or restrictions.
C.Utilities. The relocation, modification, or abandonment of any utilities shall be the responsibility of the
subdivider and shall be provided for concurrently with the Replat. The cost of any such relocation or
abandonment shall be borne by the subdivider.
D.Protest Against Replat. A Replat shall not be approved except by a favorable vote of three-fourths of all
members of the Planning and Zoning Commission if the Replat requires a Waiver or Variance and if the
owners of a minimum of 20 percent of the area of the lots or land immediately adjoining the area covered by
the proposed replat and extending 200 feet from that area, but within the original subdivision, sign a valid
protest against the Replat in accordance with Texas Local Government Code Sec. 212.015.
E.Specific Decision Criteria.
1.Review and Decision. In determining whether to approve, approve with conditions, or deny a Replat, the
review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision
Criteria.
2.Required Approval. If the applicable review body finds that a Replat complies with all applicable decision
criteria, then it is required to approve the Replat.
F.Final Decision.
1.Action. The Planning and Zoning Commission shall make a final decision on the Replat within 30 days of
the date the Plat is filed. The deadline may be extended an additional 30 days if the applicant requests
or consents in writing to the extension to act upon the Plat.
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2.No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period,
without the request or consent of an extension, the Plat shall be deemed to have been approved.
Sec. 7.65 Vacating Plat
A.Vacation of Plat. A recorded plat may be vacated in accordance with Texas Local Government Code Section
212.013.
B.Review and Decision. In determining whether to approve or deny a Vacating Plat, the review body shall
consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.
C.Utilities. The relocation, modification, or abandonment of any utilities or easement preparation shall be the
responsibility of the subdivider and shall be provided concurrently with the Vacating Plat. The cost of any
such relocation or abandonment shall be borne by the subdivider.
Sec. 7.66 Waiver
A.Generally. In addition to the applicable required procedures in 7.24, Common Decision Criteria, the following
shall apply to Waivers.
B.Purpose. The purpose of a Waiver is to allow relief from the standards in Division 4.2, Subdivision Design
Standards, which may be considered concurrently with a Preliminary or Final Plat, Minor Plat, or Replat, to
address unforeseen circumstances or other difficulties in developing a property under the specific provisions
of this ULDC.
C.Specific Decision Criteria.
1.Review and Decision. In determining whether to approve, approve with conditions, or deny a Waiver,
the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision
Criteria, and the following:
a. Strict application of the standard requested to be waived renders platting of the subject property
unfeasible.
b. The Waiver requested is the minimum necessary that will make possible platting of the subject
property.
c. The reason for the Waiver is based on a minimum of one of the following:
i. The particular physical surroundings, shape, or topographical conditions of the subject
property;
ii. Achieving alternative compliance with the standard requested to be waived in a manner not
contemplated in this ULDC;
iii. The effect of the development will not prevent orderly subdivision of other land in the
vicinity; and
iv. The development will not cause the City to be required to provide City services at a level
above that required in other subdivisions.
2.Affirmative Findings. In order to approve a Waiver, the final decision-making body shall make
affirmative findings on all of the applicable decision criteria.
D.Specific Review Procedures. The Planning and Zoning Commission shall be the final decision maker for a
Waiver request, except that the Administrator may be the final decision maker for Waiver requests relating
to the following provisions in Article 4, Subdivision Design:
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1. Sec. 4.29, Street Names, Street Lights, and Fire Hydrants;
2. Sec. 4.24.C.3, Depth;
3. Sec. 4.25, Easements; and
4. Sec. 4.27, Public Water and Wastewater.
ARTICLE 8 NONCONFORMITIES
Contents:
Division 8.1 Classification and Conversion of Nonconformities
Division 8.1 Classification and Conversion of Nonconformities
Sec. 8.11 General Provisions
A.Purpose. The purpose of this Article is to:
1.No Expansion. Ensure that nonconforming uses do not expand;
2.Protection. Protect conforming uses from nuisances that may be associated with nonconformities;
3.Curtain Investment. Curtail substantial investment in nonconformities that are contrary to the purpose
of this ULDC or the Zoning Map;
4.Elimination. Eliminate substantially damaged or abandoned nonconformities whose degrees of
incompatibility with adjacent lands uses are high; and
5.Balance. Balance the City's objective to eliminate nonconformities with a landowner’s right to maintain
and make use of a nonconformity.
B.Application. This Article shall apply to uses, structures, lots, and signs that were lawfully constructed or
established on a land site or in a structure before the effective date of this ULDC.
C.Continuation. A lawfully established or constructed nonconforming use, structure, sign, lot, or site element
shall be permitted to continue subject to the standards and limitations of this Article.
D.Descriptions. Nonconformities consist of the following, which are created either by the adoption of this
ULDC or by the subsequent amendment of this ULDC, and which are further elaborated upon in
Sec. 8.12, Types of Nonconformities:
1.Nonconforming Use. A land use that does not comply with Division 2.3, Use Standards;
2.Nonconforming Structure. A structure that does not conform with the applicable dimensional standards
in Article 2, Zoning Districts and Dimensional Standards;
3.Nonconforming Sign. A sign that fails to meet the applicable requirements of Division 3.6, Signs;
4.Nonconforming Lot of Record. A lot, not held in common with any other lot, that does not meet the
area or other dimensional requirements established in Article 2, Zoning Districts and Dimensional
Standards; and
5.Nonconforming Site Elements. The following features in a development are nonconforming site
elements that do not meet the standards of Article 3, Development Standards:
a.Building and Site Design;
b. Parking, loading, stacking areas, or access;
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c. Development landscaping or bufferyards; and
d. Outdoor lighting.
E.Unlawful Uses, Structures, Signs, or Lots. A use, structure, sign, or lot that did not comply with applicable
laws at the time it was established, constructed, or created, is an unlawful use, structure, sign, or lot.
Unlawful uses, structures, signs, and lots are violations of this ULDC and are not subject to this Article.
F.Nonconformities Created by Public Action. Any nonconforming structure or lot expressly created or caused
by a conveyance of privately owned land to a federal, state, or local government to serve a public purpose is
deemed conforming for the purposes of this ULDC and is not subject to the limitations of this Article. This
exemption applies only in cases where private land is obtained by a governmental entity for a public purpose,
through condemnation, threat of condemnation, or otherwise, which creates a nonconformity in the
remainder parcel in terms of setback, lot size, or other applicable standards of this ULDC. This exemption
does not apply to right-of-way dedication or other public conveyances of land required by the City in the
course of subdivision or other routine site plan approvals.
G.Maintenance and Alterations.
1.Maintenance. Routine maintenance of a nonconforming structure or sign, or of a conforming structure
containing a nonconforming use, is permitted, including necessary non-structural repairs, painting,
change in message on a sign, and incidental alterations that do not extend or intensify the
nonconforming uses or the life of the nonconforming structures.
2.Alterations.
a. No structural alteration shall be made to any nonconforming structure or sign or to a structure
containing a nonconforming use except if:
i. The alteration is required by law;
ii. The alteration will result in eliminating the nonconforming use, structure, or sign; or
iii. The alteration will not maintain or increase the degree of nonconformity.
b. For example, regarding paragraph a.iii, above, if a structure is set back three feet from a property
line and this ULDC requires five feet, then no portion of an addition shall come closer to the
property line than the minimum required five feet.
H.Determination of Nonconforming Status. The property owner bears the burden of demonstrating to the
Planning Director that the nonconformity was lawfully established.
I.Elimination of Nonconforming Status. The owner of a nonconformity may employ the mechanisms denoted
in Table 8.11-1, Elimination of Nonconforming Status, in an attempt to eliminate the nonconformity.
Table 8.11-1, Elimination of Nonconforming Status
Nonconformity Mechanism to Eliminate Nonconforming Status
Conversion of the existing use to a conforming use.
Approval of a Zoning Map Amendment to a district in which the use is permitted. Use
Approval of a Special Use Permit in accordance with Sec. 8.13, Conversion of Nonconformities.
Modification of the structure to conform.
Approval of a Variance to allow the structure as built.
Approval of a Zoning Map Amendment or district to which the structure would conform. Structure
Approval of a Special Use Permit in accordance with Sec. 8.13, Conversion of Nonconformities.
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Modification of the sign to conform. Sign Replacement of the sign with a permitted sign type
Approval of a Replat. Lot of Record Combination of properties held in common ownership to create a conforming lot.
Site Elements Modification of the improvement to conform.
Sec. 8.12 Types of Nonconformities
A.Nonconforming Uses.
1.Generally. The following shall apply to all nonconforming uses:
a. A nonconforming use shall not be changed to another nonconforming use;
b. If a nonconforming use is changed to a conforming use, the nonconforming use shall not be
resumed; or
c. If the use of only a portion of a building or property is changed from a nonconforming use to a
conforming use, then the use of that portion of the building or property shall not be changed back
to the nonconforming use.
d. Discontinuance of a major nonconforming use for a period of 12 consecutive months
constitutes abandonment of the use, regardless of the owner’s intent. A nonconforming use shall
not be re-established on the property after it is abandoned unless the City Council approves a
Zoning Map Amendment in accordance with Sec. 7.43 that makes the prior use conforming
or the property owner converts the nonconforming use to a conforming use in accordance with
Sec. 8.13, Conversion of Nonconformities.
e. A nonconforming use shall not be expanded, enlarged, extended, increased, or moved to occupy an
area of land or building that was not used or occupied on the effective date of this ULDC or any
amendment that made the use nonconforming.
f. No new parking is constructed, and the new use meets the required number of parking spaces
determined by the available existing parking spaces.
g. No structures containing a nonconforming use shall be enlarged unless the nonconforming use is
permanently discontinued.
h. Occupy any open space or landscaped area that is required by this ULDC;
i. Exceed pervious cover, intensity, or height limitations of the zoning district in which the use is
located;
j. Occupy any land beyond the boundaries of the property as it existed on the effective date of this
ULDC; or
k. Displace any conforming use in the same building or on the same property.
B.Nonconforming Structures.
1.Generally. Where a lawful structure exists that could not be built under the provisions of this ULDC such
structure may be continued so long as it remains otherwise lawful, subject to the following:
a. Increase in Nonconformity Prohibited. No such structure may be enlarged or altered in any way
which increases its nonconformity.
b. Movement of Structure. Should any on-site structure be moved for any reason or for any distance,
it shall thereafter conform to the regulations for the district in which it is located after it is moved.
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c. Minimum Floor Area. A residential dwelling unit having a lesser floor area at the time of the
passage of this ULDC than the minimum floor area required for the district in which it is located
shall not be construed to be nonconforming.
2.Repairs and Alterations. Routine maintenance, including necessary non-structural repairs, paint, finish,
and incidental alterations to a nonconforming structure is allowed without having to bring the
nonconformity into compliance.
3.Damage or Destruction. If a nonconforming structure is damaged or partially destroyed by any means,
the structure may be restored to its original dimensions provided that:
a. Percentage. The damage or destruction does not exceed 50 percent of the gross floor area (GFA) of
the structure;
b. Permit. A Building Permit is obtained for repairs within six months of the date the building was
damaged;
c. Construction. The construction is commenced within six months after obtaining the required
permits and approvals; and
d. No Increase. The original nonconformity is not enlarged or moved.
4.Existing Nonconforming Structures in the Regulated Floodway. It is the intent of the City that no
permanent buildings or structures be located or substantially improved in the regulated floodway,
except according to the standards in Article 5, Environmental Management, and that existing
nonconforming structures shall be removed upon abandonment. As such, a property with an
abandoned nonconforming structure in the regulated floodway shall not be eligible for any
development review approval until the property owner removes the abandoned nonconforming
structure.
C.Nonconforming Signs.
1.Generally.
a. Legal nonconforming signs shall be maintained in good condition pursuant to Sec. 3.67,
Maintenance, Compliance, Violations, and Removal, and may continue until such sign is required to
be removed as set forth in this Article.
b. A nonconforming sign shall immediately lose its nonconforming designation and must be brought
into compliance with these regulations or be removed if:
1. The sign is structurally altered or replaced, but not including the changing of a sign face when
the sign is specifically designed for changeable sign faces or when a message is changed on a
changeable copy sign or electronic message center unless explicitly allowed in this section;
2. The sign is relocated, except signs that are required to be moved by a governmental agency
as stated in this section;
3. The sign is a legally nonconforming temporary sign that is still in place more than one
calendar year from the effective date of this ordinance;
4. The sign is damaged to an extent of greater than 50 percent of the estimated replacement
value;
5. The sign is not repaired within 60 days after it is damaged or such sooner period as may be
required if the damage presents an immediate hazard; or
6. The sign creates a hazard to vehicular or pedestrian traffic, or to adjoining properties.
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c. Notwithstanding any other provision of this ordinance, any sign which is a legally existing
nonconforming sign hereunder may be relocated on the same lot or tract of property upon which
the sign is located in, when acquired by any governmental agency or other entity which has or
could have acquired the property through the exercise of its power of eminent domain. Such
relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this
ordinance.
d. A nonconforming sign in the City may be relocated, reconstructed, or removed as provided by law
including, but not limited to, Chapter 216 of the Texas Local Government Code as it exists or may
be amended.
e. If a nonconforming sign is required to be relocated, reconstructed, or removed by the City, the
Mayor shall appoint a municipal board in accordance with Section 216.004 of the Texas Local
Government Code, as it exists or may be amended, to be known as the “Municipal Board on Sign
Control for Nonconforming Signs”. Once appointed, Board members shall serve for two-year terms
unless they are removed by the Mayor, they resign, they fail to qualify to serve, or are otherwise
removed.
2.Conversion of Nonconforming Signs to an Electronic Message Center.
a. For the purposes of encouraging the reduction and removal of legally nonconforming signs, this
ordinance allows for the conversion of legally nonconforming signs to electronic message centers
subject to the requirements of this section.
b. In order to convert legally nonconforming signs to an electronic message center, the applicant
must demonstrate that there will be a total reduction in sign area of legally nonconforming signs of
a ratio of four to one. For example, if a legally nonconforming signs is currently 200 square feet, the
sign may be replaced by a 50 square foot electronic message center.
c. In no case shall an electronic message center installed pursuant to this section have a sign area
larger or sign height taller than the legally nonconforming sign it is replacing or, if multiple signs are
used, the electronic message center shall not have a sign area larger or sign height taller than the
smallest of legally nonconforming signs the electronic message center is replacing.
d. Any conversion of legally nonconforming signs shall take place on a pre-existing sign structure (sign
face and cabinet may be replaced). The Planning Director may authorize the replacement of the
sign support structure if necessary to support the electronic message center. In no case may a new
electronic message center be constructed in a new location in fulfillment of this section.
e. If legally nonconforming signs are converted to an electronic message center, then such signs shall
be subject to the electronic message center standards of Sec. 3.64.B.4.
D.Noncomforming Lots or Record.
1.Continuance. The nonconforming lot may be used for any use allowed by the zoning district in which it is
located, if:
a. Access to Street. The lot has direct access to an existing improved public or private street or alley;
b. Contiguous Properties. The lot is in separate ownership from all adjacent and contiguous parcels,
therefore preventing acquisition of the additional land area needed to comply with the standards
that would normally apply to the creation of the lot (for example, minimum area and width); and,
c. Other Standards. Development on the lot complies with applicable standards of this ULDC (other
than lot area and/or width).
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2.Creation of Nonconforming Lots Prohibited. The subdivision of any land may not result in a lot area or
dimension that does not meet the minimum standards of this ULDC.
E.Nonconforming Site Elements. The following shall apply to all other nonconforming site elements.
1.Compliance. If a structure or use is expanded, enlarged, or extended, nonconforming site features shall
comply with the standards of this ULDC based on the requirements of Table 3.12-1, Building and Site
Design Applicability.
2.Continuance. Nonconforming site elements may continue if there is no site expansion, enlargement, or
extension.
Sec. 8.13 Conversion of Nonconformities
A.Purpose. The purpose of this Section is to provide standards by which nonconforming uses (See Sec. 8.11,
General Provisions) can be made "conforming" through a public hearing process. In many instances,
nonconforming uses are integral parts of the City's fabric, that is, its character and function, so their
continuing existence promotes the City's policy objective of protecting its neighborhoods. In these instances,
the classification "nonconformity" and resulting restriction on investment may not be what the community
desires. As such, the use may be made conforming pursuant to this Article in order to remove the potential
stigma and other difficulties that may be associated with the "nonconforming" designation.
B.Criteria for Approval.
1.Procedure. An owner of a nonconforming use may apply for a Special Use Permit pursuant to Sec. 7.44,
Special Use Permit, which has the effect of making the nonconforming use conforming. The criteria for
special use approval are set out in Subsection 3 below.
2.Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance
with the standards for nonconforming lots set out in Sec. 8.12.D, Nonconforming Lots of Record.
3.Criteria for Approval. A Special Use Permit approval may be granted to make a nonconforming structure
or use conforming, if, in addition to the criteria for approval of a special use permit set out in Sec. 7.44,
Special Use Permit, and Sec. 2.34, Special Use Standards, all of the criteria of this Section are satisfied.
a. Approval Criteria. The use, as conducted and managed, has minimal nonconformities and has been
integrated into the neighborhood's (or Zoning District's if it is not in or adjacent to a residential
neighborhood) function, as evidenced by the following demonstrations:
i. The neighborhood residents regularly patronize or are employed at said use (for
nonresidential uses in or abutting residential neighborhoods);
ii. Management practices eliminate nuisances such as noise, light, waste materials,
unreasonably congested on-street parking, or similar conflicts;
iii. There is no material history of complaints about the use (a history of complaints is
justification for denying the special use permit, unless the conditions of the permit will
eliminate the sources of the complaints); or
iv. The use has been maintained in good condition and its classification as a nonconformity
would be a disincentive for such maintenance.
v. The Variance credits proposed to be met for the Board of Adjustment or Planning Director
shall not be the same standards already approved to support a Variance granted on the same
property.
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vi. Such credits may be approved by the Board of Adjustment or Planning Director as part of the
application for Variance and staff may deny any subsequent Building Permit if the applicant
fails to comply with the Variance conditions set by the Board of Adjustment.
b. Conditions. The Board of Adjustment may impose conditions relative to the expansion of
bufferyards, landscaping and landscape areas, or other site design provisions, or other limitations
necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions
may relate to the lot, buildings, structures, or operation of the use.
C.Effect of Approval. Uses that comply with the terms of a Special Use Permit issued in accordance with this
Section are converted from "nonconforming uses" to "conforming uses" by virtue of the issuance of the
Permit.
1.Written Approval. Special Use Permit approvals shall be provided to the applicant in writing and may be
recorded by the applicant at the applicant's expense.
2.Annotation of Official Zoning Map. Upon granting a Special Use Permit and the applicant's
demonstration of compliance with any conditions placed upon it, the Administrator shall annotate the
Official Zoning Map indicating that the property has a Special Use Permit, as well as the permit number
and date of approval.
ARTICLE 9 ENFORCEMENT, VIOLATIONS, AND PENALTIES
Contents:
Division 9.1 Enforcement Procedures
Division 9.2 Penalties and Remedies
Division 9.1 Enforcement Procedures
Sec. 9.11 Purpose
A.Compliance Required. No person may use, occupy or develop land, buildings or other structures or authorize
or permit the use, occupancy or development of land or buildings or other structures except in accordance
with all sections of this ULDC.
B.Continuation of Prior Enforcement Actions.
1. Nothing in this ULDC shall prohibit the continuation of previous enforcement actions undertaken by the
City pursuant to regulations in effect before the effective date of this ULDC.
2. Enforcement actions initiated before the effective date of or amendments to this ULDC may be
continued to completion or settlement under the terms of the regulations in effect prior to the effective
date of this ULDC.
3. Enforcement action concerning violations of the Code of Ordinances shall cease if the use, development,
construction or other activity is consistent with the express terms of this ULDC, except to the extent of
collecting penalties for convictions that occurred before the effective date of this ULDC.
C.Remedies Cumulative. The remedies and enforcement powers set out in this section shall not be considered
exclusive remedies, but rather they shall be cumulative with all other remedies provided in this ULDC, in any
other ordinance or by law.
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Sec. 9.12 Applicability
A.Citations. The Planning Director shall have the authority to issue citations for any violation of this ULDC.
B.Appropriate Action. In addition to the penalties and remedies provided in this Article the Planning Director
may, in case of any violation of this ULDC, institute on behalf of the City any appropriate action to prevent,
restrain, correct, or abate such violation(s) or prevent any illegal act, conduct, business, or use on or about
the premises.
C.Right of Entry. The Building Official is empowered to enter any building, structure, or premises in the City
upon which a development or land use is located, as follows:
1.Inspection. Entry shall be for the purpose of inspection to ensure compliance;
2.Hours. Inspection shall be performed during business hours, unless an emergency exists; and
3.Permission. Inspection shall be made only after:
a. Permission is granted by the owner or tenant; or
b. An order is given from a court of competent jurisdiction.
Sec. 9.13 Violations
A.Notice of Violation.
1.Mailed Notice. The Planning Director shall send a violation notice by certified mail, postage prepaid,
return receipt requested, to the property owner on which the violation is taking place.
2.Contents of Notice. The notice shall contain:
a. Address. The address or location of property where the violation is alleged;
b. Violation Description. A description of the alleged violation with a reference of the section(s),
subsection(s), or paragraphs(s) of this ULDC and/or conditions of approval being violated;
c. Required Actions. A statement of the action(s) that shall be taken to correct the violation;
d. Timeframe. A timeframe that shall not exceed 14 days to correct the violation. The
Planning Director may grant an extension if the property owner is diligently working towards
compliance with this ULDC. Persons with a cumulative total of more than three violations are not
eligible for a time extension; and
e. Contact Information. Contact information for a person or department who can answer questions
about the violation notice.
3.Exemption. The Planning Director may institute the enforcement process without following the above
notice provisions if the violation is likely to create an imminent hazard to life or property.
4.Successive Days and Cumulative Penalties. Each violation of this ULDC and each day that the violation
continues shall constitute a separate offense.
B.Correction. Correction of the violation in the manner stipulated by the violation notice at any point during
the enforcement process shall deem the notice null and void, and enforcement activity shall cease.
C.Complaints. Any person may file a written complaint to the Planning Director on a suspected violation of this
ULDC. The Planning Director shall record the complaint immediately, investigate, and take action as provided
in this Article if a violation exists.
Division 9.2 Penalties and Remedies
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Sec. 9.21 Non-Judicial
A.Withholding Permits. The City may deny or withhold all permits, approvals or other forms of authorization
on any land or structure for which there is an uncorrected violation of a section of this ULDC or of a condition
of a permit, certificate, approval or other authorization previously granted by the City Council, Planning and
Zoning Commission or Board of Adjustment. In lieu of withholding or denying an authorization, the city may
grant such authorization subject to the condition that the violation be corrected.
B.Stopping Work. With or without revoking permits, the City may stop work on any building or structure on
any land on which there is an uncorrected violation of a section of this ULDC or of a permit or other form of
authorization issued under this Chapter, in accordance with its power to stop work under its building codes.
Sec. 9.22 Judicial
A.Generally. The Planning Director may seek the following judicial remedies, or any other judicial remedy as
permitted by law to enforce this ULDC in any court of competent jurisdiction:
1.Injunctive Relief. The city may seek an injunction in a court of competent jurisdiction to stop any
violation of this ULDC. Such relief may include revocation or termination of permits for any reason. In
any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a
violation of this ULDC is, or could be, an injury to the public health, safety, or general welfare.
2.Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action
allowable by law to abate or remove a violation, or to otherwise restore the premises in question to the
condition in which it existed prior to a violation.
Sec. 9.23 Penalties
Any person who violates any section of this ULDC shall be guilty, upon conviction, of a separate offense for each
day or portion of a day during which the violation continues, which shall be punishable as provided in Sec. 1-
14, General penalty; continuing violations, of the Code of Ordinances.
ARTICLE 10 WORD USAGE
Contents:
Division 10.1 Rules of Construction, Acronyms, and Abbreviations
Division 10.2 Definitions
Division 10.1 Rules of Construction, Acronyms, and Abbreviations
Sec. 10.01 Rules of Construction
A.Applicability. In the construction of this ULDC, the provisions and rules of this Section apply, except where
the context clearly requires otherwise:
1. Words used in the present tense include the future.
2. Words in the singular number include the plural number, and words in the plural number include the
single number.
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3. The phrase “used for” includes the phrases "arranged for," "designed for," "intended for," "maintained
for," and "occupied for".
4. The word "applicant" includes the words "developer" and "subdivider" and "owner".
5. The words "will," "will not," "must," "must not," "shall," "shall not," or "may not" are mandatory.
6. The word “and” is construed to include all connected items in a series or set of conditions or provisions.
7. The word “or” is construed to include one or more of the items in a series or set of conditions or
provisions, unless the context clearly indicates otherwise.
8. The word "may" is either permissive or is used to express possibility. For example, in the sentence "the
developer may build as close as 8 feet to the property line" the word is permissive; in the sentence "the
City may require the dedication of easements" the word indicates a possible action.
9. The word "person" includes individuals, firms, corporations, associations, governmental bodies and
agencies, and all other legal entities.
10. The word "City" means the City of Baytown, Texas.
11. The word "County" means Harris County or Chambers County, as applicable.
12. Unless otherwise specified, all distances will be measured horizontally.
13. Where this ULDC references a local, state, or federal regulation or publication, the reference is to the
most recent edition or version, unless otherwise noted. If the referenced document has been repealed
and not replaced by other regulations or publications, requirements for compliance are no longer in
effect.
14. Where a provision of this ULDC conflicts with another provision of this ULDC, the provision that the
Planning Director finds to be stricter controls. Where the Planning Director finds provisions to be equally
strict, then the more recently adopted provision controls.
15. The use of the terms “including,” “such as,” or similar language are intended to provide examples, not
to be exhaustive lists of all possibilities.
16. The time in which a person must complete an act is computed by excluding the first day and including
the last day. In computing work days, Saturdays, Sundays, or holidays that the City observes are
excluded. A day concludes at the close of business, and any materials received after that time may be
deemed to have been received the following day.
17. Any provision that authorizes City staff to perform an act or duty is construed as authorizing the named
official to delegate that responsibility to a designee.
18. If there is a conflict between the text of this Chapter and graphics, tables, or other illustrative material,
the text prevails. If there is a conflict between a table and a graphic, the table prevails.
19. The use of one gender implies the inclusion of all genders.
20. Whenever a Section of this ULDC requires or authorizes an officer or employee of the City to do some
act or perform some duty, it shall be construed to authorize the officer or employee to designate,
delegate, and authorize another officer or employee of the City to perform the act or duty.
21. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such
building or land.
22. Words used in the past or present tense include the future, as well as the past and present.
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23. The term "written" or "in writing" shall be construed to include any representation of words, letters or
figures, whether by printing, email, paper copy, or otherwise.
B.Other Words or Phrases. Any word or phrase defined in this Article, or elsewhere in this Chapter, has the
meaning as so defined whenever the word or phrase is used in this Chapter, unless such definition is
expressly limited in its meaning or scope.
Sec. 10.02 Acronyms and Abbreviations
Table 10.02-1, Meaning of Acronyms and Abbreviations
Abbreviation or
Acronym Meaning
-when used in tables, indicates "no limit," "no restriction," or "not applicable"
AASHTO American Association of State and Highway Transportation Officials
AC.Acres
ADA Americans with Disabilities Act
ADU Accessory Dwelling Unit
AR Alternative Residential Zoning District
A.S.T.M.D.American Society for Testing Materials
ATM Automated Teller Machine
BFE Base Flood Elevation
BMP Best Management Practice
BOA Board of Adjustment
BTZ Build-To-Zone
C.F.R.Code of Federal Regulations
Commission Planning and Zoning Commission
dBA A-weighted decibel
DTA Downtown Arts District Zoning District
DU Dwelling Unit
DU/AC Dwelling Units Per Acre
ETJ Extraterritorial Jurisdiction
ER Estate Residential Zoning District
FAA Federal Aviation Administration
FC Freeway Commercial Zoning District
FCC Federal Communications Commission
FT.Feet
FEMA Federal Emergency Management Agency
FHBM Flood Hazard Boundary Map
FIRM Flood Insurance Rate Map
FIS Flood Insurance Study
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Table 10.02-1, Meaning of Acronyms and Abbreviations
Abbreviation or
Acronym Meaning
GC General Commercial Zoning District
GFA Gross Floor Area
HI Heavy Industrial Zoning District
HOA Homeowners Association
IN.Inches
LI Light Industrial Zoning District
MDP Master Development Plan
MAX.Maximum
MIN.Minimum
MR Mixed Residential Zoning District
MUN Mixed-Use Neighborhood Zoning District
n/a or NA Not Applicable
NAD 83 North American Datum of 1983
NC Neighborhood Commercial Zoning District
NFIP National Flood Insurance Program
OR Open Space/Recreation Zoning District
PUD Planned Unit Development
P&Z Planning and Zoning Commission
ROW Right-of-Way
RTK Real-Time Kinetic
SF or sq.ft.Square Feet
SJ San Jacinto Zoning District
SR Suburban Residential Zoning District
SWECS Small Wind Energy Conversion System
TLGC Texas Local Government Code
TWC Texas Water Code
ULDC Unified Land Development Code
UR Urban Residential Zoning District
VUA Vehicle Use Area
V.T.C.A.Vernon's Texas Codes Annotated
Division 10.2 Definitions
A
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Abandonment means a use or structure that is determined to be abandoned by the nonconformities section of
this ULDC.
Accessory Dwelling Unit means a secondary dwelling unit established in conjunction with a primary dwelling unit,
clearly subordinate to that primary unit. Accessory dwelling units are commonly referred to as granny flats.
Accessory dwelling units are not intended for sale or to be rented.
Accessory Structure means a structure that is used to serve the primary function on the same premises; is
subordinate in area, extent, and purpose to the primary use or structure served; contributes to the comfort,
convenience, or necessity of occupants of the principal use or structure served; and is located on the same lot and
in the same district as the primary use.
Accessory Use means a use incidental and subordinate to the principal use, located on the same lot as the
principal use and in the same zoning district.
Active Recreation means recreational uses, areas, and activities oriented toward potential competition and
involving special equipment. Playgrounds, sports fields and courts, swimming pools, picnic areas, and golf courses
are examples of active recreation uses.
Adult Day Care Center means a facility that provides care or supervision for three or more persons 18 years of age
or older who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or
not the facility is operated for profit or charges for the services it offers.
Agricultural Sales and Service means an establishment engaged in the retail or wholesale sale from the premises
of feed, grain, fertilizers, pesticides and similar goods.
Amending Plat means an amendment to a plat, previously approved by the commission and duly recorded, which
is submitted to the commission for approval and recording, which is signed by the applicants and is solely
intended to correct errors or miscalculations.
Amphitheater means a semi-enclosed structure designed for the enactment of the performing arts or other
entertainment uses that include entertainment-related facilities and uses.
Animal Hospital means a building in which animals and pets are given medical treatment and are cared for during
the time of such treatment. Use as a kennel shall be limited to short-time boarding and such boarding shall be
incidental to the hospital use.
Animals means all nonhuman members of the animal kingdom including domestic, exotic, and livestock. This term
also includes pet/companion animal operations such as animal hospital, kennel/boarding facility, or pet store
and/or live outdoor exhibitions.
Appeal means a request for review of the substantial damage estimation or substantial improvement
determination by the Planning Director.
Approved means as approved by the City of Baytown authority having jurisdiction.
Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.
"Appurtenance" shall include lighting, a generator, a tank, or any structure or equipment, which supports the
drilling, oil or gas operations and which is three feet or more in height measured from finished grade.
Archery/Firearms Range means the use of land for archery or the discharging of firearms for the purposes of
target practice, skeet and trap shooting, or temporary competitions.
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Arterial Street means a high volume, medium speed (up to 45 mph) medium capacity street usually shown on the
major thoroughfare plan map.
Assessment means the determination of the amount of impact fee per service unit that may be imposed on new
development pursuant to this ULDC, which determination occurs at the time specified in V.T.C.A., Local
Government Code § 395.016.
Assisted Living Facility means a facility regulated by V.T.C.A. Health and Safety Code ch. 247 that provides room,
board, and personal care services to its residents within a structure containing multiple living quarters for seven
or more elderly or disabled persons who are unrelated to the owner of the establishment by blood or marriage.
Assisted living facilities for six or fewer disabled persons are considered and regulated as group homes for
disabled persons.
Attic Story means a habitable space situated within the structure of a pitched roof and above the uppermost
story that does not count against the ultimate building or story height if constructed within the prescribed district
standards.
Automobile Repair, Major means repairs of a nature that usually cannot be done quickly and which will
encompass more highly skilled work. Such repairs include removal of the engine head or pan, engine transmission,
or differential. Often this work is necessary because of a major component failure or an accident. These types of
repairs cannot be done while the customer waits, and will often take more than one day to complete. Such repairs
include, but are not limited to:
Accident repairs;
Automotive machine shops;
Framework and frame straightening;
Grinding valves, cleaning carbon or removing the head of engines or crankcases;
Major engine repair, replacement, rebuilding, or reconditioning;
Paint and body work;
Radiator re-coring and rebuilding;
Replacement of body parts and fenders;
Sandblasting as an accessory use only;
Tire recapping;
Transmission and differential repair, replacement, or rebuilding; and
Welding.
Automobile Repair, Minor means repairs of a nature that can usually be done quickly with minimum noise, odor,
or other negative impacts. This includes preventative maintenance or replacement of easily accessible parts that
routinely wear out. This does not include removal of the engine head or pan, engine transmission, or differential.
These types of repairs can be often done while the customer waits, and usually will not take more than one day to
complete. Such repairs include but are not limited to:
Air conditioning maintenance and refrigerant replacement;
Audio installation and repairs;
Brake pads, shoes, rotors, and drums replacement;
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Chassis lubrication;
Electrical components repair and replacement;
Fuel injection systems and carburetor replacement;
Fuel pumps and fuel lines;
Ignition systems, sparkplugs, and batteries;
Motor oil, engine cooling and lubrication, brake fluid, transmission, and other fluid replacement;
Mufflers, tailpipes, water hoses, fan belts, headlights and light bulbs, floor mats, seat covers, wipers and
wiper blades, and replacement of grease retainers and wheel bearings;
Rustproofing;
Sale of gasoline;
Sandblasting as an accessory use only;
Shock absorbers or other suspension systems replacement;
Tire replacement, repair and servicing, but no recapping;
Tuning engines, with the exception of grinding valves, cleaning carbon, or removing the head of engines or
crankcases;
Washing, polishing, and detailing;
Wheel balancing and alignment;
Windshield, window replacement; and
Wiring repairs.
B
Banking or Credit Union means any of the class of business in freestanding buildings, kiosks, or automated teller
machines that provides financial services and the transmission of funds.
Barn means an accessory building used exclusively for the non-commercial storage of animal feed and/or the
sheltering of livestock or farm equipment.
Bar, Tavern, and Lounge means establishments that are devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food is only incidental to the consumption of
those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
Basement means any area of a building having its floor subgrade (below ground level) on all sides.
Battery Storage System Facility means any system or network containing batteries or similar devices that
are connected to an energy generation source and intended to receive and store any portion of energy being
produced with the intent or purpose of later transmitting or distributing any or all stored energy for sale or
consumption in any part of a transmission grid.
Bed and Breakfast is an overnight boarding establishment operated within one structure of no more than ten
private bedrooms. Breakfast, including a continental breakfast, shall be served in the morning.
Berm means a human-made mound or embankment of earth.
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Big Box Retail means a single retail establishment consisting of 35,000 square feet or more of gross floor area,
requiring high parking-to-building ratios, and having a regional sales market. The single retail establishment may
include internal leased space for coffee shops, banking, photography, limited-service food, and other similar
personal services.
Block means an increment of land comprised of lots, parcels, and alleys circumscribed and not traversed by
streets (pedestrian pathways excepted). Blocks are measured at the right-of-way line.
Boardinghouse means a multifamily residential use providing room and board, common eating, and sanitary
facilities for five or more persons, but not exceeding 20 persons, with two or more rooms that are rented or
intended to be rented, but which rooms, individually or collectively, do not constitute separate dwelling units.
Boat and Boat Parts and Accessories Sales means a retail facility for marine vehicles 16 feet or greater in size and
the accessories thereto.
Boat and RV Storage means a facility which is used for the temporary location of boats and recreational vehicle
for a fee. This may include a boat slip or boat yard where the storage is covered or uncovered dock space or
enclosed dry dock storage.
Bowling Center means an establishment containing long narrow tracks used in bowling and similar games.
Brick means kiln-fired clay or shale brick manufactured to ASTM C216 or C652, Grade SW. This includes concrete
brick if the coloration is integral, shall not be painted, and it is manufactured to ASTM C1634. An applied brick
veneer means a minimum thickness of two and one-quarter inches that does not include underfired clay or shale
brick.
Building means a structure having a roof supported by columns or walls and designed or intended for the shelter,
support, enclosure or protection of persons or chattels, except for tents and canopies.
Building Envelope means the three-dimensional space within which a structure is permitted to be built on a lot
and which is defined by regulations governing building setbacks and maximum height.
Building Frontage means the portion of a building oriented towards a street, public right-of-way, or other
designated public realm.
Building, Heating, Plumbing, Service Contractors, or Contractors in General means a business involving the
administration and implementation of multidiscipline projects. Requires vehicle and equipment parking and the
storage and warehousing of supplies and materials including outdoor storage.
Building Permit means the general permit required by Sec. 7.36 of this ULDC.
Build-to-Zone (BTZ) means an area within which the front building façade shall be placed. The BTZ defines the
street frontage. It extends vertically and is generally parallel to the street. It is a requirement, not a permissive
minimum, such as a setback. (The minimum length and height of the facade that is required within the BTZ is
shown on the applicable district frontage type and sub-area standards.)
Business School means a high-level educational institution at which students study subjects relating to business
and commerce, such as economics, finance, and management.
C
Caliper means the diameter of a tree above ground level.
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Campground means an area on which campsites intended for occupancy overnight or longer by persons using a
tent, recreational vehicle, motor home, or mobile trailer for dwelling, lodging, or sleeping purposes and is held out
as such to the public. Campground does not include any manufactured housing community.
Capital Improvements plan means the water and wastewater capital improvements plan adopted by the City
Council, as may be amended from time to time, that identifies capital improvements or facility expansions for
which impact fees may be assessed.
Car Wash means a facility for the washing or cleaning of vehicles. A car wash may be:
a single unit type with a single bay or a group of single bays with each bay to accommodate one vehicle only
where a person uses a high-pressure hose to wash the vehicle by hand;
an automated single unit type that has a single bay to accommodate one vehicle at a time; or,
a tunnel unit type that allows washing of multiple vehicles in a tandem arrangement while moving through
the structure.
Catering Establishment means an establishment that prepares and stores food on-site in order to transport the
food to an off-site location to be served to customers or set up in a buffet for customer self-service.
Cemetery, Columbarium, Mausoleum, and Memorial Park means land used or intended to be used for the burial
of the dead, whether human or animal, including crematoriums, columbarium, mausoleums, and other buildings
or parks where funeral services may be held.
Child Day Care Center or Pre-School means a facility that provides care, training, education, custody, treatment,
or supervision for persons under 14 years of age who are not related by blood, marriage, or adoption to the
owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it
offers.
City Engineer means the City's Assistant Director of Public Works and engineering who is responsible for
managing the activities of the development engineering group.
Clinic means a facility used by licensed physicians, dentists, or other health care professionals for the purpose of
providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis
where overnight lodging is not routine, including emergency treatment, diagnostic services, training,
administration, and services to outpatients, employees, or visitors. Clinics include immediate care facilities where
emergency treatment is the dominant form of care.
Club or Lodge means a voluntary association of persons organized for cultural, recreational, fraternal, civic,
charitable, or similar purpose, but not including an organization engaged primarily in a service or activity
customarily conducted as a business.
Code of Ordinances means the City of Baytown's Code of Ordinances as set forth at section 1-1 of the Code,
constituting the "Code of Ordinances."
Collector Street means a relatively low volume street providing circulation within and between neighborhoods.
They collect traffic from local streets and distribute them to arterials and may be shown on the major
thoroughfare plan map.
College or University means an institution of higher education offering undergraduate or graduate degrees and
including such accessory uses as dormitories and stadiums.
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Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used to transport passengers
or property that:
A. has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle
weight rating of more than 10,000 pounds;
B. has a gross vehicle weight rating of 26,001 or more pounds; or
C. is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.
Commercial Property means property on which structures are built for other than residential purposes.
Commercial Waste Container means a container, dumpster, collection receptacle, or compactor used to store or
transport garbage and/or commercial waste, which is
A. totally enclosed;
B. of adequate strength and design to prevent leakage of leachates and spillage of other waste during storage,
transport, and emptying or loading; and
C. regularly replaced or cleaned to prevent offensive odor and harborage, feeding, and propagation of vectors.
Commercial Waste Enclosure means a structure to be used for the screening and storage of commercial waste
container(s) and brush.
Community Building means a building to be used for entertainment, recreation, and management that is
designed to serve the residential area (primarily townhouses and/or multifamily) in which it is located.
Community Garden means privately or publicly owned land used for the cultivation of fruits, vegetables, plants,
flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one
or more individuals or may be farmed collectively by members of the group and may include common areas
maintained or used by group members.
Community Home for Persons with Disabilities means a family-oriented residence designed to provide residential
services for two to eight physically disabled persons that does not provide skilled or intermediate nursing care.
Community Service means a use conducted by or a facility or structure owned or managed by the federal, state,
county or city government, or other government entity that provides a governmental function or service for
public benefit, such as libraries, schools, post offices, police, and fire stations, public utilizes but not including the
operation of a public bar, restaurant, or recreational facility as a commercial enterprise.
Conditions means a set of standards with which a property owner must comply in order to obtain any land
development permit.
Condominium means the separate ownership of single units or apartments in a multiple-unit structure with any
common element.
Condominium Project means a real estate condominium project; a plan or project whereby four or more
apartments, rooms (office spaces), or other units in existing or proposed buildings or structures are offered or
proposed to be offered for sale.
Condominium Regime means the declaring, through the recordation of a master deed, lease or declaration, the
intent to submit the property to joint ownership as a condominium.
Container means a reusable transport and storage unit for moving products and raw materials between locations
or countries, typically made of corrugated weathering steel with a fitted door at one end that is designed to allow
multiple units to be craned, fitted, and locked for stacking purposes.
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Contents Coverage means the insurance on personal property within an enclosed structure, including the cost of
debris removal, and the reasonable cost of removal of contents to minimize damage. Personal property may be
household goods usual or incidental to residential occupancy, or merchandise, furniture, fixtures, machinery,
equipment, and supplies usual to other than residential occupancies.
Contractor's Shop and/or Service Yard means an area used to store and maintain construction equipment and
other materials customarily used in the trade carried on by the construction contractor. This definition includes
building materials, storage, contractor plan or storage yard, roofing contractor's shop, septic tank
service, insulation applicator business, pest control service, and refrigeration service. This definition excludes
temporary contractor's storage associated with the site of an on-going construction project.
Cottage Court or Tiny Home Community means a group of cottages or tiny homes, constructed either on a
chassis or on a foundation, that are arranged in a common relationship to one another, usually surrounding a
shared common open space area.
Country Club means a building or a campus that provides facilities for the purpose of recreation, athletic, and
social activities for paying members, their families, and invited guests. The buildings and facilities are owned by a
corporation operated as a non-profit.
Critical Root Zone means an invisible or imaginary circle where the drip line of a tree meets the ground.
D
Decorative Concrete Block means concrete block with a highly textured finish, such as split faced, indented,
hammered, fluted, ribbed, or similar architectural finish. The coloration shall be integral to the masonry material
and shall not be painted on. Decorative concrete block includes light weight and featherweight concrete block or
cinder block units and has a minimum thickness of three and five-eighths inches when applied as a veneer.
Decorative Precast Concrete Panels means products often associated with tilt-up wall construction but is only
considered decorative precast concrete panels if post-constructed wall areas have a highly textured finish, integral
color, or are covered by defined masonry materials that can be laid up unit by unit set in mortar and meet the
required percentage of coverage as defined in this ULDC.
Density means the number of dwelling units permitted per net acre of land and is determined by dividing the
number of units by the total area of land within the boundaries of a lot or parcel not including the street rights-of-
way and land dedicated for public use, such as schools and public parks. In determination of the number of
dwelling units permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an
additional unit.
Department means the City's engineering department.
Destroyed Structure means a structure which, upon determination by an appraisal, requires repairs exceeding 50
percent or more of the appraised value of the structure.
Detention Facility means an excavated area that is designed by a professional engineer to temporarily hold and
slowly drain excess stormwater in order to allow water levels in the receiving channel to recede. Detention
facilities, which are often called "dry ponds" or "detention ponds" are not the same as retention facilities which
are designed to hold water indefinitely.
Developed Acreage means total calculated acreage based on the construction site plan of buildings, pavement,
landscaping, and other impermeable surfaces.
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Developed Land means that portion of real property which has been altered from its natural landscape by the
construction or reconstruction of any structure, parking lot, or other improvement.
Developer means a person, firm, or corporation, whether one or more or a combination of one or more, that
improves, sells, or uses land for the purpose of constructing residential, commercial, or industrial buildings
thereon to be sold or leased to others.
Development means the new construction or the enlargement of any exterior dimension of any building,
structure, or improvement.
Development Review Committee or DRC means that committee described in Sec. 6.23, Development Review
Committee.
Dilapidated means any surface element, background, panels, or support of any sign that has finished materials
that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped,
torn, twisted, or unsightly. Dilapidated is further defined as when the sign or its elements are not in compliance
with the requirements of the National Electrical Code and/or the International Building Code currently adopted by
the City. See also “neglected sign.”
Disabled Person means a person that has one of the following:
A. a physical or mental impairment that substantially limits one or more of such person's major life activities so
that such person is incapable of living independently;
B. a record of having such an impairment; or
C. being regarded as having such an impairment. The term "disabled" shall not include current illegal use of or
addiction to a controlled substance.
Dog Run means an enclosed outdoor area intended for exercise and containment of a dog.
Dooryard means the area extending across the entire frontage of the lot, between the building facade or build-to
zone and the clear sidewalk. This area may be hard-surfaced or planted depending on the frontage type.
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Dormitory means a building that is owned and/or operated by an educational institution whose primary purpose
is to provide living accommodations for individuals associated with the institution. The term "dormitory" shall not
include for-profit facilities operated on or near a university campus that provide the same or similar services as a
dormitory.
Drilling, Oil or Gas Operations means the drilling, completion, or re-working of any type of oil, gas, disposal,
exploratory or injection well or pipeline and subsequent life of a well or pipeline, or any associated appurtenances
or operations, including changes to existing operations and all related equipment and structures, including
associated non-residential temporary office structures.
Drilling Site means the surface premises used for drilling, oil, or gas operations.
Driveway Approach means an improvement to provide vehicular access from the roadway to public or private
property.
Drip Line means a vertical line extending from the outermost branches of a tree to the ground.
Dwelling, Apartment means any building, or portion thereof, which is designed, built, rented, leased, let or hired
out to be occupied as three or more dwelling units or which is occupied as the home or residence of three or
more families living independently of each other and maintaining separate cooking facilities. Apartment dwelling
does not include definitions of townhouse, multiplex, or triplex.
Dwelling, Duplex means the use of a lot for two dwelling units within a single building or structure. The units may
be next to or above and below one another.
Dwelling, Live-Work means a dwelling unit, part of which may be used as a business establishment if the dwelling
unit is used as the principal residence of the business operator. Typically, the business operation is limited to the
first story with the residence to occupy the second and third stories.
Dwelling, Multiplex means a single residential building on a single lot containing three to five dwelling units with
each unit designed for use and occupancy by one household. Units may have either private or shared access and
may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under.
Dwelling, Single-Unit Attached means a dwelling unit which is joined to another dwelling on one or more sides by
a party wall or abutting separate wall and which is designed for occupancy by not more than one household and is
located on a single lot owned and fee simple. A single-unit attached dwelling shall be limited to a single common
wall.
Dwelling, Single-Unit Detached means a fixed building containing only one dwelling unit and occupied by only
one family and entirely surrounded by open space on its building site.
Dwelling, Townhouse means a structure that is one or a series of dwelling units designed for single-unit
occupancy, which dwelling units are structurally connected or immediately adjacent to each other without side
yards between individual dwelling units.
Dwelling, Triplex means a building or structure containing three separate dwelling units.
Dwelling Unit means a building or portion of a building, other than a mobile home, that is arranged, occupied, or
intended to be occupied as a residence and includes facilities for sleeping, cooking, and sanitation. Dwelling units
are further defined as follows:
A. Detached single-unit dwelling means the use of a lot for one dwelling unit that has no physical connection to
another dwelling unit or building;
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B. Attached single-unit dwelling means the use of a lot for one dwelling unit that is joined to another dwelling
unit on an adjacent lot at one or more points by a party wall or abutting separate wall, including but not
limited to row houses and townhomes; and
C. Duplex dwelling means the use of a lot for two dwelling units within a single building.
E
Easement, Fire Lane means an easement improved and maintained by the owner or co-owner of the land across
which it is located for the primary purpose of providing ingress and egress to buildings served thereby for police
officers, firefighters, and firefighting and emergency vehicles and equipment and for the location therein of water
mains, fire hydrants, and other public utilities. A fire lane easement remains private property except for the
restrictions imposed in this ULDC.
Eave means the lower edge of a sloping roof that projects past the face of the wall below; or the point of
intersection of the roof and exterior wall on a flat roof building.
Electric Vehicle (EV) means an automotive-type vehicle for on-road use, such as passenger automobiles, buses,
trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that
draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic
array, or another source of electric current.
Electric Vehicle Charging Station (EVCS) means equipment for plug-in power transfer including the ungrounded,
grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal
protection system, and all other fittings, devices, power outlets or apparatus installed specifically to
transfer energy between the premises wiring and the electric vehicle.
Electric Vehicle Charging Station, Level 1 means electric vehicle charging infrastructure that provides low-power
(typically 120 volts AC) charging suitable for overnight charging at residential locations.
Electric Vehicle Charging Station, Level 2 means electric vehicle charging infrastructure that provides medium-
power (typically 240 volts AC) charging suitable for both residential and commercial settings. It allows faster
charging compared to Level 1.
Electric Vehicle Charging Station, DC Fast Charger means electric vehicle charging infrastructure, also referred to
as Level 3 EV charging station, that provides high-power (typically 400 volts DC or higher) charging, enabling rapid
charging at commercial and public locations.
Electronic Message Center means a sign designed so that the characters, letters, or illustrations can be
changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or
digital signs).
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Elevated Building means a building that has no basement and that has its lowest elevated floor raised above
ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Elevations means drawings to scale of the external face of a building or structure.
Environmental Analysis means an analysis of predictable short and long-term environmental effects.
Environmentally Sensitive Area ("ESA") means an area which needs special protection because of its landscape,
wildlife, or historical value.
Equipment Sales and Rental Facilities means an establishment that is engaged in the sale or rental of tractors,
construction equipment, farm equipment, or other similar equipment. This includes the servicing of such
equipment.
Equipment Storage means the storage of any equipment outdoors. The term does not include equipment that is
loaded on to a trailer. The term does not include new vehicles or new equipment that is advertised for sale as part
of the primary use of the business, such as lawnmowers or playground equipment displayed outside of a retail
goods establishment.
Equivalent Dwelling Unit Table means the table approved by the City Council converting utilization of capacity
required by various land uses to numbers of service units based upon the type and size of meters.
Evergreen Screen means an arrangement of evergreen shrubs and/or trees that creates a continuous opaque
visual screening device at least six feet in height as measured after the first full growing season.
Evergreen Tree means a tree that retains some or all of its leaves throughout the year, which can be used for the
purposes of providing a visual screen.
Excavation means any digging, trenching, scraping or other activity that disturbs natural soil or rock to a depth of
five feet or more, other than soil disturbance incidental to the removal of trees or vegetation.
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Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the placement of
concrete pads) is complete before the effective date of the floodplain management regulations adopted by a
community.
Existing Tree means a tree which is located on the property prior to a new construction permit being issued by
the City.
Extraterritorial Jurisdiction means that land within three and one-half miles of the corporate limits of the City or
as otherwise established by state law.
F
Facade means that portion of any exterior elevation on the building extending from grade to top of the parapet,
wall, or eaves and the entire width of the building elevation. Also see Front Facade.
Facade, Front means the building elevation facing the street or public realm, and within the build-to zone.
Building elevations facing private interior courts, common lot lines, and alleys are not front facades.
Family means a group of two or more persons, each related to the other by blood, marriage, or adoption; or a
group of not more than six persons not related by blood, marriage, or adoption that are living together in a
dwelling unit.
Family Home Day Care means a dwelling in which a resident of the dwelling provides day care of children,
meeting all requirements of state law, the administrative code, and this ULDC.
Federal Agency means any department, agency, corporation, or other entity or instrumentality of the executive
branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation.
Fence means a barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of
materials or other materials defined in Chapter 18 of the City's Code of Ordinances erected to enclose, screen,
separate, or decorate areas.
Fenestration means openings in a wall, including windows and doors, allowing light and views between the
building and/or lot interior (private realm) and exterior (public realm).
Filed means placed on the Planning and Zoning Commission's posted agenda or forwarded to the
Planning Director for final approval, which may occur only after the city has completed its administrative review of
the submitted plat.
Fire Station means a structure for storage of firefighting apparatus (i.e., fire engines and related vehicles),
personal protective equipment, fire hose, fire extinguishers, and other fire extinguishing equipment. It may have
dormitory living facilities and work areas such as meeting rooms, workshop, or laundry. Living areas are
sometimes arranged above the garage bays.
Fitness Gym means an enclosed establishment generally containing multi-use facilities for conducting fitness and
recreational activities, including, but not limited to, exercises, weightlifting, running, swimming, and racquetball.
Flag means a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation,
state, political subdivision, or organization.
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Flagpole means a freestanding device permanently placed in the ground for the purpose of flying a flag of a
nation, state, political subdivision, or organization.
Food Delivery means an establishment that prepares food on-site and: (1) whose employees deliver the food to
customers as it is ordered; or (2) customers pick up. No dining takes place on-site.
Food Service Establishment means a facility where food is prepared for consumption on- and/or off-premises
regardless of whether there is a charge for the food with the intent to distribute to persons rather than wholesale
distribution.
Footprint, Building means the horizontal area as seen in plan view and measured from the outside of all exterior
walls and supporting columns. It includes residences, garages, covered carports, and accessory structures for
which a permit has been obtained. It does not include patios, porches, trellises, and decks that are 30 inches or
less above the ground.
Frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines
intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. Reference the
definition of radial lots for more information on where the frontage width of curvilinear lots is measured.
Funeral Services means establishments preparing the dead for burial or interment and conducting funerals (i.e.,
providing facilities for wakes, arranging transportation for the dead, selling caskets, and related merchandise).
G
Garage Sale means:
A. A garage sale shall be allowed at one location only once within a six-month period for a maximum of either:
1. Three consecutive calendar days, or
2. Two calendar days within an eight-day period.
B. A person who is conducting a lawful garage sale shall be allowed to erect a maximum of seven signs
advertising the garage sale; provided that each such sign meets the requirements specified in Division 3.6,
Signs.
Gas Well means a well producing natural gas, including all of its constituent elements including gasoline,
distillates, butanes, propane, and other hydrocarbons, and which produces less than one barrel of oil to each
100,000 cubic feet of gas.
Gazebo means a residential accessory structure that is a covered, free-standing structure used for outdoor
gathering.
General Retail means the sale of goods and/or services directly to the consumer where such goods are available
for immediate purchase.
Glazing means a transparent part of a wall or door made of glass.
Golf Course means land designed and built for the purpose of playing golf and may include a club house and a golf
cart barn. The term does not include putt-golf, miniature golf, or driving ranges.
Golf Driving Range means an outdoor area equipped with distance markers, clubs, balls, and tees for practicing
long-distance golf drives.
Goose Creek Oil Field means that area described by Lambert Coordinates in section 62-96 plus the following
described area:
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Beginning at the most easterly boundary line of the field described in section 62-96 with the intersection of the
south bank of Cedar Bayou Stream. Continuing along the south bank meandering in an easterly southerly
direction to the north east point of TR 7C in the ABST 65 W Scott thence along the north boundary line in a
southerly westerly direction approximately 2,811 feet to a point. Thence in a northwesterly direction
approximately 140 feet to the easterly boundary line of the Goose Creek fields. Thence north along said boundary
line to the beginning said point on Cedar Bayou Stream being approximate 172.96 acres herein described.
Gravel Pit means an open land area where sand, gravel, dirt, and rock fragments are mined or excavated for sale
or for off-site use.
Greenhouse or Nursery means an establishment primarily engaged on the propagation (for sale at retail or
wholesale) of horticultural specialties, such as flowers, shrubs, and trees, intended for ornamental or landscaping
purposes.
Grocery or Drug Store means a single retail establishment that uses the premises to sell to the ultimate end user,
food or drugs, including food and drugs, which are manufactured on the premises as an integral part of the retail
operation, and includes any such premises which may be described as a warehouse store, discount warehouse, or
factory outlet, or a warehouse or wholesale club whose membership is open to other than institutions,
government agencies, and businesses. A minimum of 50 percent of the sales floor area is devoted to food items
including, but not limited to, fresh produce, fresh meats, fresh dairy products, and packaged foods; and general
merchandise is incidental.
Groundcover means a spreading plant including sods and grasses less than 18 inches in height that may be used
for erosion control.
Group Home for Substitute Care means a facility regulated by the state that provides for the placement of six or
more children who are in the conservatorship of the Texas Department of Family and Protective Services or
another state-authorized agency in care outside the children's homes. The term includes group foster care homes,
institutional care, adoption centers, or commitment to the state youth commission. Nothing in this ULDC shall be
interpreted to restrict the right of a private homeowner to act as a placement option for a relative or to provide
state-regulated foster care for less than five or fewer children that are in the conservatorship of the state.
Group Home for the Disabled means a dwelling shared by no more than two resident staff and six disabled
persons who are unrelated to the owner of the dwelling by blood or marriage, who live together as a single
housekeeping unit in a long-term, family-like environment, in which staff persons provide care services,
education, and participation in community activities for the residents with the primary goal of enabling the
resident to live as independently as possible. The term "group home for the disabled" shall not include alcoholism
or drug treatment centers, work release facilities for convicts, or ex-convicts or other housing facilities serving as
an alternative to incarceration.
Guest Housing means attached or detached building that provides living quarters for guests and contains no
kitchen or cooking facility. It is a building that is clearly subordinate and incidental to the primary residence on the
same lot.
Guest Parking means a parking area used exclusively by the guest of residents of the townhouse or multifamily
development in which it is located.
H
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Halfway House means a state-licensed home for inmates on release from more restrictive custodial confinement
or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and
counseling are provided to mainstream residents back into society, enabling them to live independently. Such
placement is pursuant to the authority of the state Department of Corrections.
Health Club or Physical Fitness Services means a facility that is open to members only or the general public and
offers its primary floor area for the playing of organized sports, such as basketball, soccer, gymnastics, or dance,
for fees, whether in structured league arrangements or in "free play" setting. Such a facility may include spas,
workout or exercise equipment, gymnasiums, or restaurant and snack bar-refreshment services, subject to all
other provisions of this chapter governing such services.
Home Occupation means work that is carried out in a dwelling by the resident thereof and is an incidental use to
the primary use of the dwelling.
Homeless Shelter means a building providing temporary shelter to indigent, homeless people. means a
supervised publicly or privately operated shelter or other facility that is designed to provide temporary living
accommodations to individuals and families.
Horizontal Mixed-Use Development means a development consisting of two or more attached or detached
buildings of differing use categories (e.g., residential and nonresidential) within the same project area.
Hospital means an institution that is licensed by a state agency to provide primary health services and medical or
surgical care to persons, primarily in-patients, suffering from a variety of abnormal physical or mental conditions
where overnight care is available. A hospital may include various medical support and accessory uses such as:
laboratories; outpatient facilities; training facilities; short-term, on-site medical waste storage (not disposal);
short-term warehousing and storage of medical-related equipment and supplies; garages; and other facilities
commonly associated with medical institutions.
Hotel means a building with habitable suites/rooms accessed from internal hallways for temporary occupancy by
guest(s) who rent the suites/rooms on a daily basis. This term excludes rooming house or boarding house.
I
Impervious Surface Area means any surface area that prevents infiltration of water into the soil. Impervious
surface may include, but not be limited to, those surfaces covered by asphalt, concrete, crushed stone, clay,
bedrock, limestone and compacted soil.
Impact Fee means a fee levied by the City according to TLGC, Chapter 395, as a total or partial reimbursement for
the total or partial cost of providing additional facilities or services needed as a result of new development.
Industrial and Manufacturing Product Sales and Supply means the sale and supply of petroleum products and
large scale industrial and manufacturing products typically sold and shipped in large quantities. This definition
includes uses such as oil well equipment sales, service and/or storage; pump sales and service; road machinery
sales and service (completely within a building); road machinery sales and service (business permitted outside of
building); welding equipment and supplies (acetylene). This use is not the same as Supply House.
Industrialized Home means a residential structure that is:
A. Designed for the occupancy of one or more families;
B. Constructed in one or more modules or constructed using one or more modular components built at a
location other than the permanent site; and
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C. Designed to be used as a permanent residential structure when the module or the modular component is
transported to the permanent site and erected or installed on a permanent foundation system.
Interstate, Expressway, or Freeway means a multilane divided street network, including the frontage streets that
provide ingress and egress to controlled access lanes, as indicated on the major thoroughfare plan.
J
Junk means scrap iron, tin, brass, copper, lead, zinc, and all metallic substances, except metals and crafted
precious metals which are regulated, handled, purchased, received, or offered for sale by dealers in junk and
means and includes secondhand plumbing and electric fixtures; wires; globes; brass pipe, lead pipe and pipe of
other metals; melted metals of any kind; such parts of machinery or machines that may be identified as such; any
fixture pertaining to a residence, business house, or other house of any kind; abandoned automobile hulls and
bodies and any parts or automobile accessories, including horns, prestolite tanks, tires, and all detached and
detachable parts of any automobile, bicycle, motorcycle, or motor vehicle of any kind or of any vehicle of any
kind; hydrants; faucets; lawn hose; lawn sprinklers; gas fixtures; fittings; appliances; garden tools; mechanical
tools of every description; harness; rags; rubber; rope; bottles; and utensils of every description. The enumeration
of the articles in this definition shall not be held to exclude other articles that may be reasonably included under
the general definition of junk, when given its usual trade meaning.
Junk Dealer means any person engaged in collecting, handling, or selling any of the articles defined as junk and all
persons engaged in the buying and selling of such goods, wares, and merchandise.
Junkyard, Salvage Yard, or Wrecking Yard means any lot or tract used or maintained as a dumping ground or for
the storage, wrecking, or disassembling of junk.
K
Kennel means any lot, enclosure, premises, structure or building, or outside feature where four or more dogs over
the age of six months are kept or maintained for the purpose of boarding or breeding.
Kitchen means a room intended and designed to be used for food preparation and meeting the requirements of
the International Building Code for the use for which it is intended (e.g., residential or non-residential).
Knee Wall means a masonry wall that is in 20-foot segments (A in the illustration below), is three feet in height
(B), and has columns that are three and one-half feet in height (C) and that separate each segment.
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Knee Wall Illustration
L
Landfill, Sanitary means a site for the burial of non-hazardous and non-medical farm, residential, institutional,
commercial, municipal, and industrial waste.
Landscape Reserve means undeveloped property which is left in its natural state and is of sufficient size for the
growth of plants and trees.
Large Tree means a tree, under normal growth conditions, that reaches a mature height at or above 40 feet. A
tree that, at the time of planting, is at least 12 feet tall above grade and has a minimum caliper of three inches.
Laundry Building means a facility where residents of a multifamily dwelling development may wash and dry their
personal laundry.
Liner Building means a shallow structure along a street frontage or block perimeter specifically designed to mask
a parking lot, parking structure, or large-scale commercial structure such as a theater or convention center, and
provide an active habitable building frontage along the sidewalk.
Live Outdoor Exhibitions means any live performance outdoors and includes such activities as exhibitions,
carnivals, or circuses in which humans, animals, or machines perform.
Live/Work see Dwelling, Live/Work.
Livestock means any grazing animal, including but not limited to cattle, horses, mules, asses, burros, sheep, and
goats.
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Loading Dock means a recessed bay (in a well) in a building or facility or on a raised slab where trucks are loaded
and unloaded. They are commonly found on commercial and industrial buildings and warehouses in particular.
The mere existence of an overhead door does not make a location a loading dock. Loading docks may be exterior,
flush with the building envelope, or fully enclosed. They are part of a facility's service or utility infrastructure.
Local Street means all other streets not otherwise indicated on the major thoroughfare plan. The plan is on file
with the Planning Director.
Lot means a parcel of land recorded in the public records of the county, or a parcel described by metes and
bounds, the description of which has been so recorded.
Lot Consolidation means the incorporation of a number of lots into fewer lots, each of a larger size than the
original lots.
Lot Coverage means that portion of the lot that is covered by buildings, structures, or any other manmade
improvement on the ground surface which are more impervious than the natural surface, such as paving,
driveways, etc. Detention facilities lined with asphalt, concrete, rock or any other like materials are considered
impervious surfaces for the purpose of calculating lot coverage.
Lot Line Adjustment means a minor change in lot line location.
Lumber and Other Building Materials, Retail means an establishment where lumber and other building materials
such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The sale of items such as
heating and plumbing supplies, electrical supplies, paint, glass, and hardware is permitted since it is customarily
incidental to the sale of lumber and other building materials.
M
Main means a water or a sewer line that is six inches in diameter or greater.
Major Thoroughfare means a designation of collector, minor arterial, or principal arterial that may be included on
the city's major thoroughfare plan.
Management Office, On Site for Multiunit and Single-Unit Dwellings means a room or suite of rooms set aside
for the use of persons who run the business of leasing or renting dwellings, running the homeowners association,
or maintaining the grounds or buildings. Does not include the outside storage of lawnmowers and other
equipment or materials for maintenance.
Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designated for use with or without a permanent foundation when attached to the required utilities.
"Manufactured (mobile) home" does not include a recreational vehicle.
Manufactured Home Park means a parcel (or contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
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Masonry Materials means and includes that form of construction defined below and composed of clay brick,
natural stone, decorative concrete block, stucco, glass block, tilt-wall, rock, synthetic stucco material meeting
applicable windspeed requirements, exterior insulation and finish systems (EIFS) complying with ASTM-E 330
structural testing and ASTM-C 1093 fastening, or other materials of equal characteristics laid up unit by unit set in
mortar. The following materials shall not qualify nor be defined as "masonry materials" in meeting the minimum
requirements for exterior construction of buildings, unless specifically approved by variance: exterior plaster or
mortar wash surface material; acrylic matrix, synthetic plaster, or other similar synthetic material; cementitious
fiber board siding (such as "Hardie Plank" or "Hardie Board").
Master Sign Plan means a document used to determine consistency and uniformity among signs, their overall
location(s) on a given property, and the relationship of the signs to surrounding existing, proposed, and future
improvements.
Medical Equipment Storage and/or Research Facilities means a facility whose primary function is the
warehousing and storage of medical equipment or the conducting of medical-related research activities totally
within an enclosed building.
Medical or Dental Office or Clinic means a use where medical, dental, psychiatric, psychological, chiropractic and
other outpatient services are performed. This definition includes blood banks and blood plasma centers.
Medical Waste Storage and Disposal Center means a facility whose primary function is to store and/or repackage
medical waste for transportation to a processing facility.
Microbrewery, Microdistillery, or Microwinery means a small, independently owned establishment where beer,
wine, or other alcoholic beverage is brewed, fermented, or distilled for on-premises consumption and/or
distribution.
Micro-Manufacturing means the retail or business-to-business on-site production of artisan goods that are
produced indoors using small hand tools or light machinery including, but not limited to, 3-D printers or computer
numerical control routers. Sample uses includes the display, sale, and distribution of crafted goods, including, but
are not limited to, fruit and vegetable canning, pickling, or preserving; ironwork; two-dimensional and three-
dimensional printing; beer, the making or assembling of bedding, candles, cheese or other dairy products, clothing
or textiles, electronic components, furniture, jewelry, non-alcoholic beverage, portraits, signs, soap, or wine.
Mini-Golf Course means a facility designed for plating a novelty golf game with a putter on a miniature course
usually having tunnels, bridges, sharp corners, and obstacles.
Minor Arterial means a street indicated on the major thoroughfare plan on file with the Planning Director.
Minor Plat means a plat of a tract of land, which includes four or fewer lots, which also meets the conditions
defined in Article 7, Sec. 7.15 of the ULDC.
Minor Replat means as a replat of a tract of land, which involves four or fewer lots, which also meets the
conditions defined in Article 7 of the ULDC.
Mixed-Use Building means a building that contains at least one floor, or a portion thereof, devoted to permitted
nonresidential uses, and at least one floor devoted to permitted residential uses.
Movie or Other Theater means a facility charging admission to the general public for the privilege of observing a
live, televised, or motion picture performance indoors.
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Mulch means various substances that are placed around plants to prevent evaporation, to control weeds, and to
control soil erosion. Mulch material includes, but is not limited to, organic substances and various forms and sizes
of natural rocks.
Multifamily means the use of a lot or any residential dwelling consisting of five or more units to include, but not
be limited to, common accessory structures such as garages, laundry buildings, and guest parking.
Multiplex see Dwelling, Multiplex.
N
Neighborhood means:
A. A quarter-mile (approximately 1,300 feet) radius around the nonconforming condition;
B. In commercial areas, the area along a transportation corridor that is between the two closed signalized major
thoroughfare intersections in opposite directions from the nonconforming condition and that has a depth at
least back to the local streets paralleling the major thoroughfares; or
C. If in a residential subdivision, the residential subdivision of at least ten lots may also meet these criteria.
New Development means the subdivision of land; the construction, reconstruction, redevelopment, conversion,
structural alteration, relocation or enlargement of any structure or any use or extension of the use of land; any of
which increases the number of service units.
Nonconforming Structure means a structure in existence prior to the adoption of this ULDC that fails to meet one
or more of the zoning standards in this Code applicable to such structure.
Nonconforming Use means a land use in existence prior the date of adoption of this ULDC that fails to meet one
or more of the zoning standards in this Code applicable to such use.
Nonconforming Sign means any sign which was erected legally prior to the adoption of this ordinance, but which
does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to
the sign ordinance requirements.
Nonresidential Use means any structure or use not included in the definition of ‘residential use’ contained in this
ordinance including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment
leasing office.
Notice, Actual means actual knowledge or such circumstances or conditions as would put a person of ordinary
prudence on inquiry to determine the facts.
Notice, Constructive means such information or facts as may be determined from instruments in writing placed of
record in the office of the County Clerk.
Nursing Home means an institution licensed by the state that provides meals, resident care, and services for
persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or
attendant care, but may or may not provide for routine and regular medical and nursing services. The term
nursing home includes care homes, homes for the aged, convalescent homes, rest homes, and other related
institutions not otherwise defined in this section, where such persons are mostly incapable of self-preservation
due to age, physical or mental disability, or because of security measures not under the occupants' control. The
term "nursing home" excludes facilities that provide surgical or emergency medical services or that provide care
for alcoholism, mental disease, drug addiction, or communicable disease.
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O
Office means administrative, executive, professional, research, or similar facilities that have limited customers. An
office may be a room, a suite of rooms, or a portion of a building.
Offset means the amount of the reduction of an impact fee, determined under this article that is equal to the
value of a water facility or a portion thereof included in the capital improvements plan, that is constructed or
financed by a property owner.
Oil Well means any well that produces one barrel or more of oil to each 100,000 cubic feet of gas.
Opaque Screening means a method of visually shielding or obscuring one abutting or nearby land use from
another nearby or abutting land use.
Open Space means land use for recreation, resource protection, and/or buffers; usually privately owned and
maintained and are generally only accessible to occupants of a particular building or site, and (primarily) open to
the sky.
Outdoor Living Area means a common outdoor area designed to provide a more pleasant and healthful
environment for the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It
includes natural ground areas, patios, terraces, or similar areas developed for active or passive recreational
activities. All areas designated for retention or detention facilities shall not be considered as qualifying under this
definition.
Outdoor Storage Yard means a holding area for stockpiling, collecting, or displaying of any products, materials,
equipment, appliances, and/or personal property of any kind on a stabilized surface or in a structure that includes
a roof but has no side walls, or screening or walls without a roof. This term includes a lay-down yard but does not
include containers, towing yards, vehicle storage, or vehicle and boat sales, rental, or leasing facility.
Outdoor Storage (Accessory) means a holding area for the accessory use of stockpiling, collecting, or displaying of
any products, materials, equipment, appliances, and/or personal property of any kind, which are neither noxious
noncombustible, on an asphalt- or concrete-paved surface or in a structure that includes a roof but has no side
walls, or screening or walls without a roof. This term includes a lay-down yard as an accessory use, but does not
include a container, towing yard, vehicle storage, or vehicle and boat sales, rental, or leasing facility.
Outside Sales and Display means an unenclosed area used for retail sales and placement of products as an
accessory use associated with the primary retail use on the same premises. This term does not include open-air
vendors.
Owner means the owner or resident of a property, other than the developer.
P
Package Store (Alcohol) means an establishment that may sell liquor in unbroken original containers on or from
the licensed premises at retail to consumers for off-premises consumption only and not for the purpose of resale,
except that if the permittee is a hotel, the permittee may deliver unbroken packages of liquor to bona fide guests
of the hotel in their rooms for consumption in their rooms. Reference V.T.C.A., Alcohol Code § 11.29.
Packaging means the placement of products into bulk containers or placing hazardous products into containers of
any kind for the purpose of transport to another location. Packaging does not include the placement of non-
hazardous products into individual containers for shipment that are picked up on-site by the USPS, FedEx, or
similar carrier routinely allowed in residential areas.
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Park means public land set aside for recreation, culture, or passive recreation uses for residents and workers and
may include neighborhood parks, community parks and regional parks, trails, and sports fields.
Parking Lot, Commercial means a parcel of land or a structure used for the temporary parking of vehicles for a
fee, which may be charged regardless of any other fee for the premises.
A parking structure means a facility with one or more floors used for the temporary storage of vehicles.
Delivery of items is not considered commercial parking.
Parking Setback Line (PSL) means a line or plane, generally parallel to the build-to zone, behind which parking
may be located. (The parking setback line may extend vertically above the ground story when designated in the
form district sub-area placement standards.)
Parking Space means a space used for parking a motor vehicle and satisfying all of the applicable requirements for
off-street parking.
Passive Recreation means recreational uses, areas, or activities oriented to noncompetitive activities that either
require no special equipment or are natural areas. Bicycle riding, hiking, and bird watching are examples of
passive recreation activities.
Pawn Shop means an establishment licensed to transact business by the Consumer Credit Commissioner under
TLGC Chapter 371, Finance Code, where money is loaned on the security of personal property pledged in the
keeping of the owner (pawnbroker).
Personal Care Home means a residential facility where room and board and personal care services are provided
within a dwelling unit to not more than six elderly persons, regardless of the relationship to the owner.
Personal Care Services means assistance with feeding, dressing, moving, bathing, or other personal needs,
maintenance, general supervision or oversight of the physical and mental well-being of a person who needs
assistance to maintain a private and independent residence in an assisted living environment, or who needs
assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the
person. Personal care services also include the administration of medication by a person licensed to administer
medication, as defined by the V.T.C.A., Health and Safety Code § 247.002.
Personal Pleasure Boat means a vehicle designed for operation in water by oars, sails, or internal combustion
engine for personal use.
Personal Storage Building means a structure usedsolely for the storage of inanimate objects that is not connected
to a dwelling or other building and does not have water or sewer service.
Pet Kennel See Kennel.
Pets means those animals and fowl normally domesticated in the United States, typically obtained at pet shops,
and kept in or around the home for pleasure rather than utility, e.g., dogs, cats, canaries, mynahs, parrots,
parakeets, fish, rabbits, and rodents and excluding animals defined by state or federal regulations as wildlife, as
set forth in state law.
Pet Store means a retail store whose primary purpose is to sell products and services that support pets. The sale
of pets, grooming, and housing for pets shall be an accessory and incidental use in the pet store. Animal housed
overnight shall be housed inside the pet store.
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Place of Public Assembly means an establishment where people assemble for civic, educational, religious,
philosophical or cultural purposes. Typical uses include assembly, meeting, event or exhibition hall; church,
mosque, synagogue, or temple; club or lodge; community center; philanthropic institution; congregate shelter or
bridge housing, and senior or youth center, other uses that the Planning Director or their designee interprets to
be functionally similar to a use in this use category.
Planning and Zoning Commission means the body appointed by the City Council to exercise the powers and
duties set forth in Article 6 and Article 7.
Plat means a map, chart, survey, plan, or replat containing a description of the subdivided land with ties to
permanent landmarks or monuments.
Plot Plan means a site plan of the project area, which identifies residential boundaries where residential uses are
proposed in this overlay district.
Police Station means a building that accommodates police officers and members of staff. The building often
contains offices and accommodations for personnel and vehicles, along with locker rooms, temporary holding
cells, and interview/interrogation rooms.
Primary Building(s) means a structure that is developed along the street frontage that is subject to the front yard
setback standards or to build-to zone and frontage requirements in the form districts.
Primary Entrance(s) means an ingress and egress point of a building or suite, which is designed for pedestrians,
that is oriented towards the street frontage, public realm, or usable open space.
Principal or Major Arterial means a street indicated so on the major thoroughfare plan and on file with the
Planning Director.
Private Easement means an easement that is not a public easement and that is used exclusively by the owner
thereof to serve only his property with utility service.
Privately Constructed Sewer means a sewer constructed in compliance with the city ordinances by a property
owner, developer or others, within a public street or public easement, and dedicated to the city for operation and
maintenance.
Private Open Area means usable open space directly associated with a dwelling unit or part of a common area of
a development and having clearly delineated boundaries.
Private Recreation Space means privately owned, maintained, and operated outdoor space for the refreshment
and relaxation of mind and body through active or passive use.
Project Area means a single parcel or multiple parcels, planned and constructed as one, coordinated, and unified
project.
Property Line means the line bounding a parcel, lot, or tract.
Property Owner means the individual or entity holding the legal title to the property, as recorded in the official
land records for Harris County.
Public Easement means an easement, street, or right-of-way dedicated to a governmental body or to the public,
either by a recorded map, plat, by a recorded instrument of conveyance, or acquired by condemnation and within
which water or sewer lines may be constructed, maintained, and operated.
Public Realm see Street (Public Realm).
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Public Services means a service or a facility provided by a local, state, regional, or federal agency that provides a
service, function, or activity for direct public benefit. This term does not include prisons.
Q
Qualified Applicant means the party that meets all the requirements under this ULDC in order to make
application under this ULDC.
R
Radial Lot means any lot located along a curved road or at the end of a cul-de-sac, and where the distance along
the road frontage is less than the amount required per the ULDC for that district. The minimum lot width must be
met at the front building line. Side property lines should be radial to the curve of the road or cul-de-sac.
Recreational Vehicle means a portable vehicle built on a chassis and designed as a temporary dwelling for travel,
recreation, and vacation use, which does not exceed eight feet in width and 40 feet in length, exclusive of tongue.
The term recreational vehicle also includes all portable structures which may be moved under their own power,
towed, or transported by another vehicle, and includes other types of vehicles such as, but not limited to, trucks,
vans, and buses that have been converted to temporary dwellings for travel, recreation, and vacation use,
regardless of size.
Recreational Vehicle Park means a lot used for the accommodation of recreational vehicles for vacation or short-
term transient lodging and which contains three or more of the following: on-site laundry, restaurant, recreation
facilities such as swimming pools, fishing ponds, bicycle paths, a recreation hall or club house, or other similar
features and does not contain facilities for the sale or repair of recreational or other mobile vehicles of any kind or
for the sale of parts or accessories for such vehicles.
Recycling Center means a facility at which fabricated paper, glass, metal, and plastics are collected and bundled
prior to shipment to end user.
Regional Commercial means a large commercial development that offers services and products at a scale and
function to serve a regional market. Regional market pertains to a broad geographic area rather than a single
jurisdiction.
Repair-Oriented Uses means a use category containing stores that offer repair of consumer goods (excluding
those repair services listed in vehicle sales and services), including, but not limited to: appliances, bicycles, clocks,
clothing, electronics, jewelry, lawnmowers, locks and keys, musical instruments, office equipment, shoes, and
watches.
Replacement Oil or Gas Well means an oil or gas well drilled so the well and its housing and other appurtenances
are in the same place on the site plan and so located on the property as the well it is meant to replace. "To
replace" means that a well has been operating until the time that the work to replace it is commenced. Work to
install a new well where an inoperative well exists is not replacement.
Residential Property means property on which structures occupied exclusively for residential uses are built.
Residential uses shall include a private garage, domestic storage, and customary home occupations conducted in
the dwelling by occupants.
Residential Proximity Slope Line means a line that describes a relationship between non-residential setbacks
where the non-residential building exceeds the height of the adjacent residential building from which the non-
commercial building is required to setback.
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Restaurants, Drive-Through or Drive-In means an establishment in which food or drink is served to customers
inside or within automobiles outside of the confines of the building and/or where the consumption of such food
or drink is intended to occur either on or off the premises.
Resubdivision means the division or alteration of a tract or parcel of an existing subdivision, except lot
consolidation and lot line adjustment.
Resubmitted means placed on the Planning and Zoning Commission's posted agenda or forwarded to the
Planning Director for final approval, which may occur only after the city has determined that a response that
satisfies each condition for the conditional approval or remedies each reason for disapproval is provided.
Retail means the activity of offering to sell or rent, or to sell or rent merchandise to a consumer who buys or rents
the merchandise as the ultimate consumer or end user, being the last person in the chain of distribution, for
personal consumption or use and not for further sale or rent. This term includes "general retail," "big box," "small
discount box," and "grocery stores."
Retail Repair, Sales, and Service Uses means a commercial use category characterized by companies or
individuals involved in the sale, lease, or rental of new or used products, or providing personal services or repair
services to the general public. Primary and accessory uses included in this use category can be found in Subsec.
2.32-5, Commercial Use Categories.
Retention Facility means an excavated area that is designed by a professional engineer to capture and store
stormwater on a permanent or semi-permanent basis, often indefinitely with the exception of the water volume
lost to evaporation or absorption into the soils. Retention facilities, which are often called "wet ponds" or
"retention ponds", are not the same as detention facilities which are designed to hold water temporarily and
release their volume completely after or during the peak of the storm event.
Roof Pitch means a roof having a slope or pitch determined by rise over run in the direction of the slope or pitch
of the roof, 1:4 slope for example.
S
Sales-Oriented Uses means a subset of uses in the Retail Repair, Sales, and Service use category that is engaged in
selling goods or merchandise to the general public for personal or household consumption and rendering services
incidental to the sale of such goods.
Sandblasting means a facility that roughens or cleans (a surface) with a jet of sand driven by compressed air or
steam.
School, Private, Public, or Denominational means an institution for the teaching of children or adults including
primary and secondary schools, colleges, professional schools, dance schools, business schools, art schools, and
other similar schools.
Screening means an opaque separation between proprieties made of any combination of the following: six-foot-
high berm, wall or fence, or evergreen shrubs.
Secondary Building(s) means a structure that is developed in the project area but does not have direct street
frontage to the adjacent street due to a primary building that has been constructed along the street frontage.
Secondary Entrance(s) means ingress and egress point(s) of a building or suite, which is designed for pedestrians,
that is not the primary entrance(s).
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Semi-Trailer Truck means a combination of a tractor unit and one or more semi-trailers that carries freight. A
semi-trailer is a trailer without a front axle. When attached, the semi-trailer is supported at its forward end by the
fifth wheel device of the truck tractor.
Senior, Community, or Youth Center means a building or group of buildings for a community's educational and
recreational activities for seniors, community members, or youths.
Service Area means the area within the corporate boundaries and extraterritorial jurisdiction to be served by the
capital improvements or facilities expansions specified in the capital improvements plan.
Service-Oriented Uses means a subset of uses in the Retail Repair, Sales, and Service Use Category that provides
non-medical services that are generally needed on a recurring basis, not including Vehicle Sales and Service, and
generally require one-to-one interaction between the proprietor or employee and the customer in order to
provide the service.
Service Units means a standardized measure of consumption of water and wastewater systems capacity which is
equal to the average flow rate for a single unit dwelling unit in the city.
Setback means the unobstructed, unoccupied open space between a structure and the property line of the lot on
which the structure is located. Setbacks are unobstructed open space from the ground to the sky and measured
as the horizontal distance between a property line and the furthermost projection of the structure, except in
cases in which parking is allowed.
Sewer Lines means sewer mains, laterals, sanitary sewers, lift stations, and pump stations located in public streets
and easements.
Sexually-Oriented Business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult
movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial
enterprise where the primary business is the offering of a service or the selling, renting, or exhibiting of devices or
any other items intended to provide sexual stimulation or sexual gratification to the customer.
Shade Tree means any self-supporting woody plant with one well-defined trunk and a distinct definite formed
crown.
Shopfront Space means the interior area located on the ground floor or street level of a commercial building,
immediately inside the entryway and along the front facade, typically configured as a shopfront frontage including
one or more display windows. Where designated in the ULDC, this space may have a more limited list of
permitted uses than the rest of the building.
Short-Term Rental means a residential dwelling unit(s) that is rented out for compensation on a temporary basis
for a period of less than 30 consecutive days.
Shrub means a woody perennial plant differing from a perennial herb by its more woody stem and from a tree by
its low stature and habit of branching from the base.
Sidewalk Clear Zone means the portion of a sidewalk that must remain clear of obstructions (furniture, signage,
trees, lighting, etc.) to allow for unimpeded public passage.
Sign, A-Frame Sidewalk means a freestanding sign which is ordinarily in the shape of an “A” or some variation
thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the
definition of T-frame signs.
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Sign, Attached means any sign affixed to, applied on, or supported by any part of a building. For the purposes of
this ordinance, attached signs shall include awning signs, canopy signs, projecting signs, blade signs, wall signs,
and window signs.
Sign, Awning means a permanent sign that is directly applied, attached, or painted onto an awning, which is a
projection, shelter, or structure of canvas, metal, wood, or other similar approved material that covers a
pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature.
Sign, Banner means a temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid
material that can be mounted to a structure with cord, rope, cable, or a similar method. Where a banner sign is
supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified
as a temporary “yard sign.”
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Sign, Blade means the same as projecting sign.
Sign, Canopy means a permanent sign that is applied, attached, painted, or affixed on a canopy or other roof-like
cover over gasoline fuel pumps, vacuum area at car detail facilities, drive-through ATMs (when the structure is not
attached to the machine), or other areas where services are provided to a patron in a vehicle of which the
structure is intended for protection from the weather or as a decorative embellishment.
Sign, Changeable Copy means a sign designed so that the characters, letter or illustrations can be changed or
rearranged manually or electronically without altering the sign display surface. See also the definition of “manual
changeable copy sign” and “electronic message center.”
Sign, Drive-Through means any permanent signage allocated along a drive-through lane that is oriented toward
the customer or user in the drive-through lane.
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Sign, Driveway means a small permanent sign located near driveway access points and/or at the intersection of
internal access drives.
Sign, Freestanding means any sign supported upon the ground by a monument, pedestal, pole, bracing, or other
permanent measure and not attached to any building or other structure.
Sign, Human Directional means any hand-carried or held sign, symbol, or display on persons visible from the
public right-of-way, which may include persons dressed in costume. Also known as “sign spinners.”
Sign, Illuminated means any sign that has characters, letters, figures, designs, or outlines illuminated externally or
internally by any light source other than non-reflected natural daylight.
Sign, Inflatable means a temporary sign manufactured of plastic, cloth, canvas, or other light fabric and inflated
with air. See also “wind device.”
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Sign, Monument means a permanent freestanding sign, not attached to a building, that is supported from grade
to the bottom of the sign, having or appearing to have a solid and opaque base independent of the principle
building or structure, and is generally used to identify the name of a business or businesses and/or development
on the property.
Sign, Neglected means a sign that has rust, loose parts, or damage as in missing panels, burned out lights, missing
letters or characters, faded from its original color, or supports or framework with missing parts and is generally
not maintained. See also “dilapidated.”
Sign, Permanent means a sign permitted by this ordinance to be located on the premises for an unlimited period
of time and designed to be permanently attached to a structure or the ground and that is constructed of rigid,
non-flexible materials.
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Sign, Pole means a freestanding sign, which is constructed on a vertical framework consisting of one upright
support, secured in the ground.
Sign, Portable any sign not permanently attached to the ground or to a building, which is designed to be easily
transported or conveyed to different locations. This term includes, but is not limited to, signs on wheels or affixed
to trailers or skids, tent signs. This definition shall not include any temporary sign allowed in Sec. 3.65, Temporary
Signage.
Sign, Prohibited means signs that do not comply with this or other applicable ordinances. Signs that are otherwise
not allowed within City boundaries.
Sign, Projecting means a permanent attached sign that is wholly or partially dependent upon a building for
support and extends from said building, generally at a right angle in accordance with Division 3.6, Signs.
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Sign, Pylon means a permanent freestanding sign that has two or more supports and is permanently affixed to the
ground by such supports, but not having the appearance of a solid base.
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Sign, Revolving means a sign that turns, spins, partially revolves, or completely revolves 360 degrees on an axis.
Sign, Roof means a sign mounted on and supported by the roof portion of a building, above the uppermost edge
of a parapet wall and is supported by the building, or a sign that is painted directly upon the roof or top of a
building.
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Sign, Sidewalk means a temporary sign that may be placed outside, during business hours, in accordance with this
ordinance and all other applicable ordinances and resolutions. See definition of “T-frame sidewalk sign” and “A-
frame sidewalk sign.”
Sign, Subdivision or Development means a freestanding sign, a sign mounted to a screening wall or fence, ow a
sign engraved into a masonry facade located at the entrance of a subdivision or other development as allowed in
this ULDC.
Sign, Temporary means a sign that is neither permanently anchored to the ground, nor permanently affixed to a
structure, nor mounted on a chassis, and/or is intended for a limited period of display
Sign, T-Frame Sidewalk means a temporary sidewalk sign which is ordinarily in the shape of an upside down “T”
or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any
structure. See also the definition for A-frame sidewalk signs.
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Sign, Wall means a permanent sign attached directly to an exterior wall of a building and which does not extend
at a distance from the wall nor above the roof line or beyond the limits of the outside wall in accordance with
Division 3.6, Signs, with the exposed face of the sign in a plane parallel to the building wall. Murals and other
painted signs are considered wall signs pursuant to this ULDC.
Sign Window means any sign that is applied to the interior or exterior of a window or door, or a sign located near
a window or door within a building, for the purpose of being visible and read from the outside of the building.
Sign, Yard means any temporary sign placed on the ground or attached to a supporting structure, posts, or poles,
that is not attached to any building.
Sign means any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a
window or doorway that is used to advertise, identify, display, direct, or attract attention to an object, person,
institution, organization, business, product, service, event or location by any means including words, letters,
pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
Sign Area means the entire display area of a sign including the advertising surface located on one or more sign
faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to
Division 3.6, Signs.
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Baytown, TX 398
Sign Copy means those letters, numerals, and figures, symbols, logos, and graphic elements comprising the
content or message of a sign.
Sign Face means the surface of the sign upon, against or through which the message of the sign is exhibited.
Sign Height means the vertical distance of a sign, from top to bottom, as measured in accordance with Division
3.6, Signs.
Sign Structure means any structure that supports, has supported or is capable of supporting a sign, including
decorative cover.
Static or Instant Message Change means on electronic message centers, a static or instant message change is
when one message changes to another message instantly without scrolling, flashing, or other movement of the
message.
Slaughterhouse means any establishment within the city in which cattle, sheep, swine, goats, or any such animals
are slaughtered for meat for human consumption. The term includes stockyards and all other operations and
facilities necessary, useful, or incidental to such abattoir or slaughterhouse.
Small Box Retail means a single retail establishment consisting of 12,000 square feet or less of gross floor area,
offering for sale an assortment of general merchandise directly to the consumer. Such merchandise may include,
but not be limited to, food and beverage for off-premises consumption, processed foods, household products,
personal grooming and health products, clothing, and other consumer goods. This term does not include a retail
establishment providing a prescription pharmacy, gasoline or diesel fuel, specialty gifts, or food and beverage
items intended for on-premises consumption.
Small Tree means a type of tree that, under normal growth conditions, that reaches a mature height between 20
and 40 feet. A tree that, at the time of planting, is at least six feet tall above grade and has a minimum caliper of
two inches.
Solar Energy Facility means a device or combination of devices that use direct sunlight as a source of energy for
the non-commercial direct use of the structure on the same lot with the system. Examples include photovoltaic
systems, a solar hot water heater, solar panels, or a south-facing window.
Solar Panel Array means a method of generating electrical power by converting solar radiation into direct current
electricity using semiconductors that exhibit the photovoltaic effect. Photovoltaic power generation employs a
solar panel array that is composed of a number of solar cells containing a photovoltaic material.
Spire means a structure or formation, such as a steeple, that tapers to a point at the top.
Sports Court means a space, indoor or outdoor, design used, and maintained for basketball, racquetball,
shuffleboard, or other similar sports that use a court.
Stable means a building in which horses are sheltered and maintained as an accessory use to a principal
residential use on the same lot.
Stadium, Running Track, or Ball Field means a large usually roofless building with tiers of seats for spectators at
public entertainments or athletic events.
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Baytown, TX 399
Stone means naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable
all weather stone that is customarily used in exterior building construction. This includes cast or manufactured
stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral
to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance
free. Natural or manmade stone shall have a minimum thickness of two and five-eighths inches when applied as a
veneer.
Storage Building means an accessory structure used for materials, equipment, and vehicles that are "in transit" or
not in use.
Street (Public Realm) means the space between fronting façades or build-to zones, including streets, plazas,
squares, greens, sidewalks, dooryards, and parks—but not within alleys or service drives.
Streetscape means the landscaping along the property adjacent to the street rights-of-way as required to be
landscaped pursuant to this article.
Structure means anything constructed, the use of which requires permanent location on the ground or
attachment to something having a permanent location on the ground. Also see definition for Building.
Stucco means conventional three-step hard coat stucco with a minimum thickness of seven-eighths-inch.
Studio means a workshop, work place, or work room for a person doing crafts, photography, woodworking,
painting textiles for personal pleasure, or production on a very small scale.
Subdivision means a division of a tract or parcel of land within the limits or in the extraterritorial jurisdiction of
the City into two or more parts to lay out a subdivision of the tract, including an addition to the city, to lay out
suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to
be dedicated to public use or for the use of purchasers or owner of lots fronting on or adjacent to the streets,
alleys, squares, parks, or other parts. A subdivision includes a division regardless of whether it is made by using a
metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or
other executory contract to convey or by using any other method. The term "subdivision" includes a re-
subdivision (replat) but does not include the following:
A. A division of land into parts greater than five acres, where each part has access and no public improvement is
being dedicated as described above;
B. A division of land owned by the city;
C. A division of land created solely by the city's acquisition of a portion thereof; or
D. A division of land created by order of a court of competent jurisdiction.
Subdivision Plat means a plat of a tract of land that does not qualify for a small subdivision, minor plat, or minor
replat, and requires extension of municipal facilities to serve the tract, and its proposed development.
Supply House means an establishment at which wholesale customers or persons directly representing industry
may purchase industrial supplies at wholesale or where such items are repaired or serviced. These establishments
do not have retail customers. This use is not the same as Industrial and Manufacturing Product Sales and Supply.
T
Tiny House means a single-unit detached home that is 400 square feet or less in floor areas, excluding lofts, that
can be site-built, partially site-built, or on an approved trailer.
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Tire Sales means a lot on which the principal business is the sale or installation of new, used, or retread tires and
tubes.
Towing Yard means a garage, parking lot, or other facility that:
A. Is owned by a person other than a governmental entity; and
B. Has the capacity to store or park at least ten vehicles each year.
Transition Buffer Zone means an area, that extends inward from the property line of a site, and protects land uses
consisting of ground cover and trees.
Transitional Housing means shelter provided to the homeless for an extended period, often as long as 18 months
and generally integrated with other social services and counseling programs to assist in the transition to self-
sufficiency through the acquisition of a stable income and permanent housing.
Travel Center means a facility associated with the refueling of domestic and commercial vehicles, including the
retail sale of food and beverages, limited service restaurants, and general merchandise. A travel center does not
include a truck stop or a facility associated with commercial vehicle washing and/or repairs of any vehicle type,
showering, laundry, temporary sleeping, and/or overnight parking. This use may also be referred to as a travel
plaza.
Travel Plaza means an establishment engaged in the fueling, servicing, repair, and/or parking of tractor trucks and
trailers or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A
travel plaza may also include overnight accommodations, showers or restaurant facilities primarily for the use of
truck crews, and all of the typical conveniences for standard-sized automobile users that one typically sees at a
gas station. This definition includes truck stop.
Tree means any self-supporting woody plant with one well-defined trunk two inches in diameter or greater.
Tree Lawn means a continuous strip of soil area—typically covered with bridging pavement, tree grates, porous
pavers, or grass and other vegetation—located between the back of curb and the sidewalk clear zone, and used
for planting street trees and configured to foster healthy street tree root systems. Also referred to as tree trench
or planting strip.
Truck Parking Lot means surface lots with no other use taking place on the property designed and built for large
trucks such as semi-trailer trucks that are designed to move large quantities of goods. This definition includes a
parking lot or parking garage.
Truck Sales, Service, Rental, and Repair means and includes a structure(s) and associated real property used for
the sale, rental, and repair of new or used trucks.
Truck Stop means a facility primarily for parking, refueling, washing and/or minor repair of commercial vehicles,
and may include retail sales of food, beverages, and/or other items, full-service restaurant(s), restroom/shower
facilities, and/or temporary sleeping quarters. This use may also be referred to as transport stop or truck
service/filling station; however, a truck stop does not include a travel center.
Truck Terminal means an area and building where cargo is stored and where trucks, including tractor and trailer
units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to
shipment. Includes rail to truck, truck to truck and dock to truck.
U
Unified Land Development Code
Baytown, TX 401
ULDC means this Unified Land Development Code.
Upper-Story Residential means a self-contained housing unit that occupies only part of a building and is not
located on the ground floor.
Usable Open Space means accessible hardscape or landscape areas, including, but not limited to, plazas,
courtyards, pocket parks, and other publicly accessible amenities.
V
Vegetative Buffer means landscaped areas, trees, berms, or any combination thereof, which are used to
physically and visually separate one use or property from an abutting property in order to mitigate the impacts of
noise, light, or other nuisance.
Vegetative Buffer Zone means an area, which extends inward from the property line of a site, provides protection
between land uses, and contains plantings consisting of ground cover, shrubs, and trees.
Vehicle and Boat Sales, Rental, and Leasing means and includes a structure(s) and associated real property used
for the sale, rental, and leasing of new or used, operable vehicles, including, but not limited to, tractors, tractor-
trailers or semi-trailer truck, recreational vehicles, buses, boats, and similar size vehicles/equipment. This
definition includes showroom-only vehicle and boat sales that typically restrict activities to the display,
demonstration, and sale of vehicles, often accompanied by associated services such as financing, vehicle
customization, and customer consultation.
Vehicle, Commercial means a motor vehicle or combination of motor vehicles used to transport passengers or
property that:
A. Has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle
weight rating of more than 10,000 pounds;
B. Has a gross vehicle weight rating of 26,001 or more pounds; or
C. Is transporting hazardous materials and is required to be placarded under 49 C.F.R., Part 172, Subpart F.
Vehicle Fueling Station means a site used for the retail sale of vehicle fuels and oils for domestic vehicles, pre-
packaged food items, and limited merchandise. A vehicle fueling station is meant to include fueling for vehicles
that use alternative fuels or a combination of conventional and alternative fuels like LPG, biofuels, and electric
vehicle (EV) charging services. This use may also be referred to as a gas station, service station, filling station, or
petrol station.
Vehicle, Non-Commercial means a motor vehicle, including a motorcycle, or other device in or by which a person
or property is or may be transported or drawn on a public highway, but is otherwise not considered a commercial
vehicle, farm vehicle, farm equipment, or farm implement.
Vehicle Service and Repair means a facility for the general repair, rebuilding, or reconditioning of engines, motor
vehicles, or trailers, including body work, framework, welding, and major painting service.
Vehicle Storage means a room, structure, or parking lot that is used to house or store vehicles. It includes
structures, buildings, and rooms generally called garages, boathouses, and airplane hangars. This term excludes
"parking commercial," "public service," "towing yards," "vehicle repair, major," "vehicle repair, minor," or "boat
and RV storage."
Unified Land Development Code
Baytown, TX 402
Vehicle Use Area means an unenclosed area used by three or more vehicles of any type, including but not limited
to automobiles, recreational vehicles, recreational equipment, or trailers, moving or at rest, including, but not
limited to, parking lots, loading and unloading areas, stacking lanes, access and circulation drives, driveways, and
parking aisles.
Veterinary Clinic or Veterinary Hospital means a facility where a licensed veterinarian maintains treatment
facilities for the boarding and medical or surgical treatment of diseased or injured animals such as dogs, cats, or
other domesticated animals.
Vocational and Trade School means a specialized instructional school operating for or not for profit that provides
on-site training of business, commercial, and/or trade skills.
W
Wall means a constructed solid barrier of concrete, stone, brick, tile, masonry, wood, or similar material that
encloses, borders or decorates an area.
Water Lines means water mains, service lines, fire hydrants, and appurtenances located in public streets and
public easements.
Well means a hole or bore to any sand, formation, strata, or depth which is drilled, bored, sunk, dug, or put down
for either exploring or for ascertaining the existence of any oil, gas, or liquid hydrocarbon to produce or recover
and oil, gas, or liquid hydrocarbon.
Wild Animal means any live animal, other than a common domestic species, regardless of the state or duration of
captivity which can be normally found in the wild state, or may pose a potential physical or disease threat to the
public or that is protected by international, federal, or state regulations, including, but not limited to, the
following:
A.Class Reptilia. Family Helodermatidae (venomous lizards); Family Viperidae (rattlesnakes, copperheads,
cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other
elapids); the following listed species of Family Colubridae Dispholidus typus (boomslang), Hydrodynastes
gigas (water cobra), Boiga (mangrove snake), and Thelotomis (African twig snake) only; Order Ophidia, Family
Boidae (racers, boas, water snakes, and pythons); and Order Crocodilia (crocodiles, alligators, caimans, and
gavials);
B.Class Aves. Order Falconiformes (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches,
rheas, cassowaries, and emus); and Order Strigiformes (such as owls); Order Passeriformes (songbirds);
C.Class Mammalia. Order Camivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, lions,
cheetahs, bobcats, lynx, servals, caracals and cougars), except commonly accepted domesticated cats; Family
Hyaenidae (such as hyena); Family Canidae (such as wolves, wolf-dogs, hybrids, dingos, coyotes, and jackals),
except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, minks, and badgers), except
domesticated ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family Ursidae (such as bears);
Order Marsupialia (such as kangaroos, wallabies and common opossums); Order Edentata (such as sloths,
anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees,
baboons, orangutans, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as
antelope, deer, bison, and camels), unless the Order Ungulata are located on premises which meet
the definition of the farm/ranch; or any hybrid of an animal listed in this subdivision;
D.Animals not listed. The Planning Director may declare any species of animal not listed in this subsection as
"prohibited" if the confinement of the animal within the city can be shown to constitute a threat to public
Unified Land Development Code
Baytown, TX 403
health and safety; and does not mean any bird kept in a cage or aviary that is not regulated by international,
federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.
Wind Device means any pennant, flag, streamer, spinner, balloon, feather sign, inflatable, or similar device made
of cloth, canvas, plastic, or any flexible material designed to float or move freely.
Wine and Beer Retailer means an establishment licensed by the state to sell ale, wine, and vinous liquors to
consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces
for off-premises consumption only and not for the purpose of resale.
Wireless Telecommunications Facilities means facilities that are affixed to an existing structure (including
buildings, water tanks, and communications towers) and consist of the equipment and structures involved in
receiving telecommunications or radio signals from a mobile radio communications source and transmitting those
signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and
also means a broadcast tower.
Working Days or Business Days means weekdays that are not holidays celebrated by the City.
X
Y
Yard, Front means the area situated between the front building line and the front lot line extending the full width
of the lot.
Yard, Rear means the area situated between the rear building line and a rear lot line and extending the full width
of the lot.
Yard, Side means the area situated between the side building line and a side lot line and extending from the front
yard to the rear yard.
Z
APPENDIX A PLANT LIST
A.Generally. The following tables set out the approved and prohibited types of plants that may be used
in landscape areas and bufferyards. A check mark (✓) in the Streetscape Plantings column indicates that the
species is appropriate for the indicated type of streetscape buffer as established in Sec. 3.43, Bufferyard
Landscaping.
B.Approved Large Trees. Table A-1, Canopy Tree List, sets out the canopy trees that may be used to satisfy the
landscaping requirements of this UDC.
Unified Land Development Code
Baytown, TX 404
Table A-1,
Canopy Tree List
Streetscape Plantings
Botanical Name Common Name Local/
Collecto
r
Arteria
l
Freewa
y
Vegetative
/
Transition
Buffer
Fagus grandifloia American Beech
Fraxinus velutina Arizona Ash
Taxodium distichum Bald Cypress
Phoenix canariensis Canary Island Date
Palm
Ulmus crassifloia Cedar Elm
Quercus falcate var. pagodifolia Cherrybark Oak
Ulmus parvifolia Chinese / Lacebark Elm ✓✓✓✓
Fraxinus pennsylvanica Green Ash
Quercus virginiana Live Oak ✓✓✓
Taxodium Mucronatum Montezuma Cypress ✓✓✓
Quuercus Nuttallii Nuttall Oak
Carya illinoinensis Pecan
Acer rubrum ‘Drummondii’Red Maple
Sabal palmetto Sabal Palm
Quercus Shumardii Shumard Oak
Pinus Elliottii Slash Pine
Quercus falcate Southern Red Oak
Pinus glabra Spruce Pine
Quercus Michauxii Swamp Chestnut Oak
Plantanus occidentails Sycamore
Washingtonia robusta Washingtonia Palm
Quercus nigra Water Oak
Quercus alba White Oak
Quercus phellos Willow Oak
Tracycarpus fortunel Windmill Palm
Ulmus alata Winged Elm
C.Approved Ornamental Trees. Table A-2, Ornamental Tree List, sets out the ornamental trees that may be
used to satisfy the landscaping requirements of this UDC.
Unified Land Development Code
Baytown, TX 405
Table A-2,
Ornamental Tree List
Streetscape Plantings
Botanical Name Common Name Local/
Collecto
r
Arteria
l
Freewa
y
Vegetative
/
Transition
Buffer
Michelia Figo Banana Shrub,
Magnolia Fuscata
Juniperus chinensis "Glauca" Blue Vase
Juniper
Callistemon rigidus Bottlebrush
llex cornuta "Burfordii" Burford
Holly
Camellia japonica Camellia
Camellia Sasanqua Camellia Sasanqua,
upright
Livistona chinensis Chinese Fan Palm
Chioanthus virginicus Chinese Fringe Tree
llex cornuta "Rotunda" Chinese
Holly
Pistacia chinesis Chinese Pistachio
Ternstoremia gymnanthera Cleyera
Lagerstroemia indica and hybrid Crape Myrtle ✓✓
llex cornuta "Burfordii Nana" Dwarf
Burford Holly
llex crenata "Compacta" Dwarf
Japanese Holly
Myrica pusilla Dwarf Wax Myrtle
Cornus florida Flowering Dogwood ✓✓
Koelreuteria bipinnata Golden Rain Tree
Quercus glauca Japanese Evergreen
Oak
Eriobotrya japonica Loquat
Prunus mexicana Mexican Plum
Ilex x 'Nellie R. Stevens'Nellie Stevens Holly ✓✓✓
Crataegus marshallii Parsley Hawthorn
Butia capitata Pindo Palm
Prunus cerasifera Purple Leaf Plum
Unified Land Development Code
Baytown, TX 406
Table A-2,
Ornamental Tree List
Streetscape Plantings
Botanical Name Common Name Local/
Collecto
r
Arteria
l
Freewa
y
Vegetative
/
Transition
Buffer
Betula nigra River Birch
Ilex x attenuata 'Fosteri'Foster Holly ✓✓✓
Elaeagnus pungens Silverberry
Magnolia virginiana Sweet Bay Magnolia ✓✓✓✓
Cercis Canadensis Texas Redbud
D.Approved Evergreen Trees. Table A-3, Evergreen Tree List, sets out the evergreen trees that may be used to
satisfy the landscaping requirements of this UDC.
Table A-3,
Evergreen Tree List
Streetscape Plantings
Botanical Name Common Name Local/
Collecto
r
Arteria
l
Freewa
y
Vegetative
/
Transition
Buffer
Llex opaca American Holly ✓✓✓
Cupressus arizonica Arizona Cypress
Prunus caroliniana Cherry Laurel
Cedrus deodara Deodar Cedar
Pinus thunbergii Japanese Black Pine
Pinus Taeda Loblloly Loblolly Pine
Juniperus virginiana Red Cedar ✓✓✓
Magnolia grandiflora Southern Magnolia ✓✓✓✓
Myrica cerifera Waxmyrtle ✓✓✓✓
Trachycarpus fortunei Windmill Palm
Ilex vomitoria Yaupon ✓✓✓✓
E.Approved Shrubs. Table A-4, Shrub List, sets out the shrubs that may be used to satisfy the landscaping
requirements of this ULDC.
Unified Land Development Code
Baytown, TX 407
Table A-4,
Shrub List
Botanical Name Common Name
Large
Laurel noblis Bay
Aesculus pavia Buckeye
Rhus virens Evergreen Sumac
Rhus lancelota Flameleaf Sumac
Sophora secundiflora Texas Mountain Laurel
Pistacia texana Texas Pistache
Medium
Abelia grandiflora Glossy Abelia
Mahonia trifoliata Agarita*
Leucophyllum sp.Texas Sage
Forestiera pubescens Elbow Bush
Rhus aromatica Frangrant Sumac
Colubrina texensis Hogplum*
Juniperus sp.Juniper
Rosa chinensis x (Mutablis)Mutablis Rose, Butterfly Rose, Old Blush
Punica granatum Pomegranate
Jasminum mesnyi Primrose Jasmine
Aloysia gratissima White Brush*
Small
Callicarpa americana American Beautyberry
Agave americana Agave, century plant
Malpighia glabra Barbados Cherry
Berberis thunbergii atropurpurea Barberry
Cotoneaster glaucophylla Grayleaf Cotoneaster
Juniperus sp.Juniper
Asclepias tuberosa Mexican Butterfly Weed
Poliomentha longiflora Mexican Oregano
Pavonia lasiopetala Rock rose
Rosmarinus officinalis Rosemary, Upright
Hesperaloe parviflora Red Yucca
Yucca spp.Yucca
Unified Land Development Code
Baytown, TX 408
F.Approved Groundcover, Ornamental Grasses, and Perennials. Table A-5, Approved Groundcover and
Ornamental Grasses sets out the shrubs that may be used to satisfy the landscaping requirements of Article
4.4, Tree Preservation, Buffering, and Landscaping.
Table A-5,
Approved Groundcover and Ornamental Grasses
Botanical Name Common Name
Groundcover
Trachelospermum asiaticum Asiatic Jasmine
Trachelospermum jasminoides Confederate Jasmine
Aquilegia spp., A. hinckleyana Hinckley's Columbine*
Lantana sp.Lantana
Rivina humilis Pigeonberry*
Rosmarinus officinalis Rosemary, prostrate
Santolina sp.Santolina
Juniperus sp.Trailing Juniper
Verbena spp.Verbena*
Achillea millefolium Yarrow
Ornamental Grasses
Andropogon gerardi Big Bluestem
Tripsacum dactyloides Eastern Gamagrass
Chasmanthium latifolium Inland Seaoats
Schixachyrium scoparium Little Bluestem
Miscanthus sinensis Maiden Grass
Muehlenbergia lindheimeri Muhly Grass*
Pennisetum setaceum ′Rubrum′Purple Fountain Grass
Bouteloua curtipendula Sideoats Grama
Panicum virgatum Switchgrass
G.Prohibited Plants. Table A-6, Prohibited Plants, sets out the plants that are prohibited in all landscape areas.
Table A-6,
Prohibited Plants List
Botanical Name Common Name
Alternanthera philoxeroides Alligatorweed
Cardiospermum halicacabum Balloonvine
Orobanche ramose Branched Broomrape
Schinus terebinthifolius Brazilian Peppertree
Pyrus calleryana Callery "Bradford" Pear
Alhagi maurorum Camelthorn
Unified Land Development Code
Baytown, TX 409
Table A-6,
Prohibited Plants List
Botanical Name Common Name
Triadica sebifera Chinese Tallow Tree
Myriophyllum spicatum Eurasian Watermilfoil
Convolvulus arvensis Field Bindweed
Landoltia punctate Giant Duckweek
Arundo donax Giant Reed (Poaceae)
Convolvulus arvensis Hedge Bindweed
Eichhornia azurea Hyacinth, Rooted Water
Eichhornia crassipes Hyacinth, Floating Water
Hydrilla verticillata Hydrilla
Rottboillia cochinchinensis Itchgrass
Cuscuta japonica Japanese Dodder
Pueraria Montana var. lobata Kudzu
Lagarosiphon major Lagarosiphon
Melaleuca quinquenevria Paperbark
Lythrum salicaria Purple Loosestrife
Tamarix spp. Saltcedar Saltcedar
Salvinia (all species)Salvinia
Nassella trichotoma Serrated Tussock
Panicum repens Torpedograss Torpedograss
Solanum Viarum Tropical Soda Apple
Ipomeoea aquatic Water Spinach
Pistia stratiotes Waterlettuce
EXHIBIT B
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