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Ordinance No. 16,024 ORDINANCE NO. 16,024 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 111, "UNIFIED LAND DEVELOPMENT CODE," ARTICLE 1, "GENERAL PROVISIONS," DIVISION 1.1, JURISDICTION AND AUTHORITY, SECTION 1.13, "AUTHORITY AND JURISDICTION;" ARTICLE 2, "ZONING DISTRICTS AND DIMENSIONAL STANDARDS," DIVISION 2.2, "ZONING DISTRICTS AND DIMENSIONAL STANDARDS," SECTION 2.21 "RESIDENTIAL DISTRICT DIMENSIONAL STANDARDS," SUBSECTION 2.21-4 "MIXED RESIDENTIAL (MR)," SUBSECTION 2.21-6, "ALTERNATIVE RESIDENTIAL (AR)," SECTION 2.22 "MIXED-USE NEIGHBORHOOD (MUN) DISTRICT DIMENSION STANDARDS," SECTION 2.23 "NONRESIDENTIAL DISTRICT DIMENSION STANDARDS," SUBSECTION 2.23-3, "GENERAL COMMERCIAL (GC)," SUBSECTION 2.234, "FREEWAY COMMERCIAL (FC)," SUBSECTION 2.23-6 "HEAVY INDUSTRIAL (HI)," DIVISION 2.3 "USE STANDARDS," SECTION 2.31, "CONSOLIDATED USE TABLE,"TABLE 2.31-1, "LAND USE TABLE," SECTION 2.33, "USE-SPECIFIC STANDARDS," SUBSECTION 2.33-5, "COMMERCIAL USES," 2.35(C)(3), "TIMING OF CONSTRUCTION, SECTION 2.35(13)(4)(E), "LOCATION," SECTION 2.35(E)(1)(c)(ii)(A), SECTION 2.36, "TEMPORARY USE STANDARDS," TABLE 2.36-2,"TEMPORARY CONSTRUCTION, STORAGE,AND REFUSE COLLECTION USES;" ARTICLE 3, "DEVELOPMENT STANDARDS," DIVISION 3.2, "BUILDING AND SITE DESIGN," SECTION 3.21, "GENERAL PROVISIONS," SUBSECTION (D), "SIDEWALKS," SECTION 3.22, "SINGLE-UNIT DWELLING AND DUPLEX DEVELOPMENT," SUBSECTION (E), "RESIDENTIAL ACCESSORY STRUCTURES," DIVISION 3.4, "TREE PRESERVATION, LANDSCAPING, AND BUFFERING," TABLE 3.41-1 "REQUIRED LANDSCAPING TYPE SUMMARY," SECTION 3.43, "BUFFERYARD LANDSCAPING," SUBSECTION E, "STREETSCAPE BUFFERYARD," DIVISION 3.6, "SIGNS," SECTION 3.64, "PERMISSIBLE SIGNS AND STANDARDS," TABLE 3.64-2 "PERMANENT FREESTANDING SIGNAGE;" ARTICLE 4, "SUBDIVISION DESIGN," DIVISION 4.2, "SUBDIVISION DESIGN STANDARDS," SECTION 4.22, "DEVELOPMENT TYPES," SUBSECTION D, "INFILL," SECTION 4.24, "LOTS AND BLOCKS;" SUBSECTION B, "LOTS," ARTICLE 6, DEVELOPMENT REVIEW BODIES, DIVISION 6.1, "LEGISLATIVE AND QUASI- JUDICIAL BODIES ESTABLISHED AND AUTHORIZED," SECTION 6.12, "PLANNING AND ZONING COMMISSION;" SUBSECTION (E), "TERMS AND FILLING VACANCIES," ARTICLE 7, "DEVELOPMENT REVIEW PROCEDURES,"DIVISION 7.2,"COMMON REVIEW PROCEDURES," SECTION 7.210, "DEVELOPMENT REVIEW SUMMARY TABLE," TABLE 7.210-1, "SUMMARY OF PROCEDURES", DIVISION 7.4, "MASTER PLANS, AMENDMENTS, AND SPECIAL USES," SECTION 7.45 "PLANNED UNIT DEVELOPMENT;" ARTICLE 8, "NONCONFORMITIES," DIVISION 8.1, "CLASSIFICATION AND CONVERSION OF NONCONFORMITIES," SECTION 8.13 "CONVERSION OF NONCONFORMITIES;" ARTICLE 10, "WORD USAGE," DIVISION 10.2 "DEFINITIONS;" 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; 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 Chapter I11, "Unified Land Development Code," Article I "General Provisions," Division 1.1, "Jurisdiction and Authority," Section 1.13 "Authority and Jurisdiction," of the Code of Ordinances, Baytown, Texas, is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 1. GENERAL JURISDICTION DIVISION 1.1 JURISDICTION AND AUTHORITY Sec 1.13 Authority and Jurisdiction B. Jurisdiction. 2. Extraterritorial Jurisdiction. The provisions in Article 4, Subdivision Design 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. Section 2: That Chapter 111, "Unified Land Development Code", Article 2 "Zoning Districts and Dimensional Standards", Division 2.2 "Zoning Districts and Dimensional Standards", Section 2.21, "Residential District Dimensional Standards"Subsec.2.21-4"Mixed Residential(MR)"is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS Sec. 2.21 Residential District Dimensional Standards Subsec. 2.21-4 Mixed Residential(MR) Residential Lot - • Dimensions Conventional Gross Density Maximum Dwellings per acre 15 du/ac Ju Civic and Open Space Minimum Civic and Open Space Requirement 15% Single-Unit Attached and Duplex N/A All Other Permitted Residential Lot Dimensions 2 Minimum Lot Area 5,000 SF Single-Unit Detached 3,500 SF Single-Unit Attached 2,500 SF A Duplex 2,000 SF Townhouse 2,150 SF Multiplex 9,000 SF Nonresidential Minimum Lot Width 50 ft. Single-Unit Detached 50 ft. Single-Unit Attached 45 ft. B Duplex 20 ft. Townhouse 60 ft. Multiplex 75 ft. Nonresidential Lot Coverage Maximum Lot Coverage 60% All Residential 70% Nonresidential Building Height Maximum Building Height2 35 ft./45 ft. (SUD, C All Residential SUA, D/TH,MP�) Nonresidential 75 ft. Building Setbacks Front(Min.) 15 ft. D Townhouse and Multiplex 15 ft. All Other Permitted Residential 15 ft. Nonresidential Street Side (Min.) 15 ft. E All Residential 15 ft. Nonresidential Interior Side (Min.) 5 ft./7.5 ft. (SUA, SUD, F All Residential D/MP) Townhouse 0 ft./5 ft. Nonresidential 10 ft. Rear(Min.) 10 ft. G All Residential 10 ft. Nonresidential 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. 3 Section 3: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.2, "Zoning Districts and Dimensional Standards," Sec. 2.21 "Residential District Dimensional Standards,"Subsection 2.21-6,"Alternative Residential (AR)" is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS Sec. 2.21 Residential District Dimensional Standards Subsec. 2.21-6 Alternative Residential(AR) Residential • and Dimensions Conventional Gross Density Maximum Dwellings per acre 14.5 du/ac 21 du/ac Civic and Open Space Minimum Civic and Open Space 30% 15% Requirement Lot Dimensions � Minimum Lot Area Cottage Court 2,000 SF/15,000 SP 2,000 SF/15,000 SP Manufactured Home 2,500 SF 2,500 SF A Single-Unit Detached 5,000 SF 3,500 SF Single-Unit Attached 3,500 SF 2,750 SF Duplex 2,500 SF 1,750 SF Townhouse 2,150 SF 2,125 SF 4 Minimum Lot Width Cottage Court 25 ft. 25 ft. Manufactured Home 25 ft. 25 ft. B Single-Unit Detached 50 ft. 50 ft. Single-Unit Attached 50 ft. 45 ft. Duplex 45 ft. 30 ft. Townhouse 20 ft. 25 ft. Lot Coverage Maximum Lot Coverage 70% 70% Building Height Maximum Building Height' Cottage Court 35 ft. 35 ft. C Manufactured Home 20 ft. 20 ft. Townhouse 45 ft. 45 ft. All Other Permitted Residential 35 ft. 35 ft. Building Setbacks Front (Min.) Cottage Court 5 ft./10 ft. 5 ft./10 ft.. D Manufactured Home 15 ft. 15 ft. Townhouse 15 ft. 10 ft. All Other Permitted Residential 15 ft. 15 ft. Street Side(Min.) 10 ft. 5 ft. E All Permitted Residential Interior Side (Min.) F Townhouse' 0 ft./5 ft. 0 ft./5 ft. All Other Permitted Residential 5 ft. 5 ft. G Rear(Min.) All Permitted Residential 10 ft. 5 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. 4. 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. Section 4: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.2 "Zoning Districts and Dimensional Standards," Section 2.22, "Mixed-Use Neighborhood(MUN) District Dimensional Standards," is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.2.ZONING DISTRICTS AND DIMENSIONAL STANDARDS Sec. 2.22 Mixed-Use Neighborhood (MUN) District Dimensional Standards Residential6. MUN • 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 Minimum Lot Area Single-Unit Detached 5, 00 SF Single-Unit Attached 2,500 SF Duplex ,500 SF 1,600 SF A Townhouse 1,250 SF Multiplex Live/Work N/A Mixed-Use Building N/A 5,000 SF Nonresidential 6 Minimum Lot Width 50 ft. Single-Unit Detached 50 ft. Single-Unit Attached 45 ft. Duplex 18 ft. B Townhouse 40 ft. Multiplex 40 ft. Live/Work 50 ft. Mixed-Use Building 50 ft. Nonresidential Lot Coverage Maximum Lot Coverage o All Residential 80% Mixed-Use and Nonresidential 90� Frontage Buildout Maximum Building Frontage Buildout Townhouse 90% Multiplex 75% Live/Work 90% Mixed-Use Building 90% Nonresidential 50% Building Height Maximum Building Height' 45 ft. C All Residential 60 ft. Mixed & Nonresidential Building Setbacks Front(Min.) 10 ft. D All Residential 10 ft. Mixed & Nonresidential Street Side(Min.) 10 ft. E All Residential 10 ft. Mixed & Nonresidential Interior Side (Min.) 5 ft. F All Residential 5 ft. Mixed & Nonresidential Rear(Min.) G All Residential 10 Mixed & Nonresidential 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. Section 5: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.2, "Zoning Districts and Dimensional Standards," Section 2.23, 7 "Nonresidential District Dimensional Standards," Subsection 2.23-3, "General Commercial (GC),"is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS Sec. 2.23 Nonresidential District Dimensional Standards Subsec. 2.23-3 General Commercial (GC) 3. GC Purpose .4. GC Development Typej The purpose of the General Commercial (GC) district is to provide for commercial developments that are typically 3 The conventional development type provides for non- residential development typically on larger lots along arterial acres or larger depending on the character of the site, corridors. including surrounding land uses and the design and intensity of the site. This designation is for properties in commercial retail, office and service uses primarily along portions of major roadway corridors within the community for high visibility and accessibility. Dimensions Nonresidential Gross Density Maximum Dwellings per acre N/A Civic and Open Space Minimum Civic and Open Space Requirement 10% Lot Dimensions Minimum Lot Area 10,000 SF A Nonresidential S Minimum Lot Width 60 ft. B Nonresidential Lot Coverage Maximum Lot Coverage 75% Nonresidential Building Height Maximum Building Height' 60 ft. C Nonresidential Building Setbacks Front(Min.) 15 ft. D Nonresidential Street Side (Min.) 25 ft. E Nonresidential Interior Side (Min.) 5 ft. F Nonresidential Rear(Min.) 10 ft. G Nonresidential 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. Section 6: That Chapter 111, "Unified Land Development Code," Article 2, "Zoning Districts and Dimensional Standards," Division 2.2, "Zoning Districts and Dimensional Standards," Section 2.23 "Nonresidential District Dimensional Standards," Subsection 2.234 "Freeway Commercial (FC)," is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.2.ZONING DISTRICTS AND DIMENSIONAL STANDARDS Sec.2.23 Nonresidential District Dimensional Standards 9 Subsec. 2.23-4 Freeway Commercial (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 as well as higher-density apartment developments. 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. Dimensions Nonresidential Gross Density Maximum Dwellings per acre 30 DU/ac Civic and Open Space Minimum Civic and Open Space Requirement 15% Lot Dimensions Minimum Lot Area A Commercial 20,000 SF Apartment' 1,120 SF Minimum Lot Width B Commercial 60 ft. Apartment 60 ft. Lot Coverage Maximum Lot Coverage Commercial 80% Apartment 80% Building Height Maximum Building Height' C Commercial 50 ft. Apartment 50 ft. Building Setbacks Front(Min.) D Commercial 50 ft. Apartment 15 ft. 10 Street Side (Min.) E Commercial 50 ft. Apartment 25 ft. Interior Side(Min.) F Commercial 20 ft. Apartment 5 ft. Rear(Min.) G Commercial 20 ft. Apartment 10 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. Section 7: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.2 "Zoning Districts and Dimensional Standards," Section 2.23, "Nonresidential District Dimensional Standards," Subsection 2.23-6, "Heavy Industrial (HI)," is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.2.ZONING DISTRICTS AND DIMENSIONAL STANDARDS Sec. 2.23 Nonresidential District Dimensional Standards Subsec. 2.23-6 Heavy Industrial(HI) Nonresidential Gross Density Maximum Dwellings per acre N/A Civic and Open Space Minimum Civic and Open Space Requirement 10% Lot Dimensions Minimum Lot Area A S acres All Permitted Uses 11 Minimum Lot Width B 25 ft. All Permitted Uses Lot Coverage Maximum Lot Coverage All Permitted Uses 90a � Building Height Maximum Building Height C 60 ft. All Permitted Uses Building Setbacks p Front(Min.) 50 ft. All Permitted Uses E Street Side(Min.) 50 ft. All Permitted Uses F Interior Side (Min.) 10 ft. All Permitted Uses G Rear(Min.) 40 ft. All Permitted Uses 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. Section 8: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.3, "Use Standards," Sec. 2.31 "Consolidated Use Table". Table 2.31-1 "Land Use Table" is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3. USE STANDARDS Sec. 2.31 Consolidated Use Table Table 2.31-1, Land Use Table 12 Table • Use Table Key: P= Permitted Use ) S=Special Use I L=Limited Use I -- = Prohibited CV=Conventional Development Type I CS=Cluster Development Type I IF=Infill Development Type I MS=Main Street I FLX=Flex Residential Mixed-Use Non- Residential ER SR MR UR DTA SJ AR MUN Si-NCGC FC LI HI O CV CV CS CV CV IF MS MS FLX FLX 3 AGRICULTURE AND ANIMAL USE SERVICES Agricultural Sales and Service -- -- -- -- -- -- -- -- -- -- - Community Garden P P P P P P P P P P P P P Kennel -- - 2.33-2 Agriculture Greenhouse or and Animal Nursery L L L -- - -- -- 2.33-2 Uses Veterinary Clinic or _ - - L L L L 2.33-2 Veterinary Hospital All Agricultural and Animal Uses L L L L - 2.33-2 Not Listed Above RESIDENTIAL USES Cottage 2.33-3 L L Court Community — 2,26 Dwelling,Single-Unit P P P P P P P P - - Detached Dwelling,Single- L L P P P P P -- P P — 2.33-3 Unit Attached Dwelling, P P P P P P - P - Townhouse Dwelling,Duplex - -- P P P P P » P » P 2.33 Household Dwelling,Multiplex -- P P P -- P » P -- P » Living Dwelling, Apartment 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 P P P P P P P Residential Manufactured L A 2.33-3 Home(HUD-Code) Manufactured L __ __ -- 2.33-3 Home Park Assisted Living Facility or Nursing L L L L L L L L L 2.33-3 Home Community Home Group Living for Persons with L L L L L L L - — 2.33-3 Disabilities All Group Living Uses Not Listed S -- S S S 2.34 Above 13 Table • Use Table Key: P= Permitted Use S=Special Use I L=Limited Use -- = Prohibited CV=Conventional Development Type I CS=Cluster Development Type I IF=Infill Development Type I MS=Main Street I FLX=Flex • fl Residential Mixed-Use Non- , _ Residential ER SR MR UR DTA SJ AR MUN SJ-NC GC FC LI HI OR CV CV CS CV CV IF MS MS FLX FLX 3 Residential Accessory Unit Accessory Dwelling L L L L L L L L INN$ 2.35 Use PUBLIC AND CIVIC USES Funeral Services L - L -- L L 2.33-4 Place of Public L L L L L L L P P P P P P 2.33-4 Assembly Community Facility Senior,Community, P P P P P P P P P P or Youth Center All Community Facility Uses Not P P — P P -- Listed Above Adult Day Care L L -- L 2.33-4 Center Day Care Child Day _ Care Center or Pre I t L L L -• L L 2.33-4 School College or P P P P -- University School, Private,Public,or P P P P P P P P - P - P P -- Educational Denominational Facilities Vocational and P P P P -- Trade School INN All Educational Facilities Not Listed L L L L L L L P P P P 2,33-4 Above Government All Government P P P P P P P P P P P P P P P Facilities Facilities Medical or Dental P P P P P P P P EPRI Office or Clinic ' - Medical Facilities Hospital P P P - P P k All Medical Facilities Not Listed Above Cemetery, Columbarium, S S S S S 5 S - 2.34 Mausoleum,and Parks and Open Memorial Park T Areas Park P P P P P P P P .. P P P Y P P P P -P P All Parks and Open � -� � Areas Not Listed P P P — -- -- - -- Ao — Above Passenger All Passenger Terminals Terminals Not Listed -- — -= L - L L 2.33-4 Above IN 14 Table • Use Table Key: P- Permitted Use I S=Special Use I L=Limited Use -- = Prohibited CV=Conventional Development Type I CS=Cluster Development Type I IF=Infill Development Type I MS=Main Street I FLX=Flex Residential Mixed-Use _ Residential ER SR MR UR DTA SJ CV CV CS CV CV IF MS MS FLX FLX AR MUN SJ-NCGC FC LI HI OR 3 11p Social Service All Social Service Establishments Establishments Battery Storage System Facility Solar Panel Arrays (Principal Use) -- -- -- -- -- -- -- -- -- -- -- -- -- -- S S S S -- 2.34 Utilities 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 Wireless Telecommunications L L L L L L L L L L L L L L L L L L 2.37 Facilities COMMERCIAL USES Banking or Credit P L P L P P 2.33-5 Offices Union All Office Uses Not P L P L P P 2.34 Listed Above -- -- -- -- -- -- -- Bed and Breakfast L L L L L L L P P P P 2.33-5 Hotel - S L L L L L 2.33-5 Recreational Vehicle 5 - -- - 2.34 Overnight (RV)Park Accommodations Short Term Rental S S S S S S S S S S S 2.33-5 2.15.F.7 All Overnight Accommodations P - P P P Not Listed Above Truck Parking Loth 2.33-5.Q Parking, All Commercial Commercial Parking Uses Not L L L L L -- 2.33-5 Listed Above Bar,Tavern,and L L L L L L 2.33-5 Lounge Health Club or Physical Fitness P P P P P P Entertainment, Services Indoor Sexually-Oriented 2.34 Business All Indoor Entertainment Not L -- P P P 2.33-5 Listed Above Country Club P P P P P P - -- - Entertainment, Golf Course P P P P P P - -- Outdoor All Outdoor Entertainment Not L -- - L L 2.33-5 Listed Above Restaurants Restaurants,Drive- L __ _ L L 2.33-5 Through or Drive-In 15 Table • Use Table-_. . Key: P= Permitted Use ( S=Special Use ( L=Limited Use I -- - Prohibited CV=Conventional Development Type I CS=Cluster Development Type I IF=Infill Development Type I MS=Main Street I FLX=Flex • fl Residential Mixed-Use W. on- _ Residential ER SR MR UR DTA SJ AR MUN SJ-NCGC FCLI HI OR CV CV CS CV CV IF MS MS FLX FLX 3 All Restaurants Not P P PP P PP P PP P Listed Above -- -- -- -- -- -- Big Box Retail - -- -- -- L L L L L -- -- 2.33-5 Grocery or Drug L L L L L L L P P -- -- 2.33-5 Store -- -- -- -- -- -- Pawn Shop - - - 2.33-5 Retail Repair,Sales, Repair-Oriented UsesL L L L L L 2.33-5 and Service - Service-Oriented Uses - P P P P P P P P P -- Small Box Retail -- -- - -- -- -- F, P P All Retail Repair, IR Sales,and Service P P P P P P P P P Uses Not Listed Above Boat and RV Storage -- -- - -- - :,� -- Self-Service Storage All Self-Service .. .- .. .. L .. 2.33-5 Storage Car Wash P -- Truck Sales,Service, Rental and Repair P P ` Travel Center -- L -- - 2.33-5 Truck Stops L - .- 2.33-5 Vehicle Sales, Vehicle and Boat Rental,and Service Sales,Rental,and S L - 2.33-5,2.34 Leasing Vehicle Fueling Station -- -- -- L -- -- -- L L P .-P P P- P.. __� 233-5 Vehicle Service and -- -- -- -- L L P P 2.33-6.T Repair INDUSTRIAL USES Packaging (Hazardous 2.34 Materials) Sandblasting -- - -- - 2.34 Slaughterhouse -- - 2.34 Heavy Industrial and m. Industrial Manufacturing Product Sales and Supply All Heavy Industrial Uses Not Listed - - -- -- Above 16 Table • Use Table Key: P- Permitted Use I S=Special Use 1 L=Limited Use -- = Prohibited CV=Conventional Development Type I CS=Cluster Development Type I IF=Infill Development Type I MS-Main Street I FLX=Flex Residential Mixed-Use _ Residential ER SR MR UR DTA SJ AR MUN SJ-NC GC FC LI HI OR CV CV CS CV CV IF MS MS FLX FLX 3 Contractor's Shop - -- -- -- -- -- -- L -- -- -- -- -- L L L P 2.33-6,R and/or Service Yard Equipment Sales and Rental Facilities Light Industrial Micro- L L L L L L 2.33-6 Manufacturing Supply House -� -- - -- - 2.33-6 All Light Industrial Y Uses Not Listed Above Resource Excavation - -- - 2.34 All Resource Extraction Extraction Uses - - 2,34 Outdoor Storage Warehousing Yard -and Freight All Warehousing and Freight Movement 2.33-6 Movement Uses Not Listed -- -- - -- -- Above Recycling Center 2.33-6 Junkyard,Salvage Waste- Yard,or Wrecking 2.34 Yard Related All Waste Related Uses Not Listed - -- - — 2.34 Above Section 9: That Chapter 111, "Unified Land Development Code," Article 2, "Zoning Districts and Dimensional Standards," Division 2.3, "Use Standards," Section 2.33, "Use-Specific Standards,", Subsection 2.33-5 "Commercial Uses" is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3 USE STANDARDS 17 Sec 2.33 Use-Specific Standards Subsec. 2.33-5 Commercial Uses N. Self-Service Storage. 1. Access. All storage units shall only be accessible from and contained wholly within the building. 2. Site Location. No self-storage land use shall be located within one mile of another self-storage land use. The measurement of the distance between self-storage shall be in a direct line from property line to property line, without regard to roadways and intersections. 3. Unit Location. All storage units are limited to upper-story locations in the San Jacinto-Flex (SJ- FLX)district. Section 10. That Chapter 111, "Unified Land Development Code," Article 2, "Zoning Districts and Dimensional Standards,"Division 2.3,"Use Standards,"Section 2.35(C)(3),"Timing of Construction," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3 USE STANDARDS Sec 2.35 Accessory Use and Structure Standards 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. 3. Timing of Construction. No detached accessory structure shall be constructed until the construction of the primary structure has commenced with the exception of the construction of a garage, carport, noncommercial dock/pier, noncommercial greenhouse, or private barn/stable on ER and SR zoned properties where a Special Use Permit has been issued in accordance with the provisions below. a. All applications for a Special Use Permit under this section shall be tiled with the Director of Planning& Development Services. The site plan along with the application will become part of the special use permit, if approved. The accompanying site plan shall provide the following information: i. Data describing all activities involved with the proposed use; ii. Boundaries of the area covered by the site plan; iii. The location of each proposed accessory structure including the number of stories, height, roofline, and gross floor area of any such building or structure; 18 iv. The location of existing drainageways, proposed drainageways, and significant natural features; V. The location of any Special Flood Hazard Areas on the subject property and a description of mitigation measures to be implemented with the proposed use; vi. Proposed buffers, if required by Section 3.43; vii. The location,height and type of each wall,fence,and all other types of screening; and viii. Any other information reasonably required by the Director of Planning & Development Services. b. Consideration of completed application. After the submission of a completed application, the Director of Planning & Development Services shall follow the procedure for consideration of the special use pen-nit by the commission and the City Council as set forth in Section 7.44. c. Approved special use permit. If a special use permit is issued pursuant to the section, the time limit,revocation and any amendments to the approved permit shall comply with Section 7.44. Section 11. That Chapter 111, "Unified Land Development Code," Article 2, "Zoning Districts and Dimensional Standards,"Division 2.3,"Use Standards,"Section 2.35(D)(4)(e),"Location,"is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3 USE STANDARDS Sec. 2.35 Accessory Use and Structure Standards D. General Accessory Structures or Uses. 4. Fences. e. Location. i. Fences or walls may be placed in the front, side, or rear yard setbacks provided they do not violate sight triangles and provided that fences in the front yard setback greater than 42 inches in height are non-opaque. 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. 19 Section 12. That Chapter 111, "Unified Land Development Code," Article 2, "Zoning Districts and Dimensional Standards," Division 2.3, "Use Standards," Section 2.35(E)(1)(c)(ii)(A) is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3 USE STANDARDS Sec. 2.35 Accessory Use and Structure Standards E. Residential Accessory Structure or Use. 1. Accessory Structures C. Size. ii. For a tract of land larger than one acre (A) The sum of all residential accessory structures shall not exceed 100 o of the lot area of the lot the accessory stricture is located on. Section 13. That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.3, "Use Standards," Section 2.36, "Temporary Use Standards," Table 2.36-2,"Temporary Construction, Storage, and Refuse Collection Uses," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3 USE STANDARDS Sec.2.36 Temporary Use Standards 20 Table 2.36-2, Temporary Construction, Storage, and Refuse Collection Uses Temporary Operational Location of • of • of LimitationsUse 8:00 a.m.to Established by approval 8:00 p.m. if to coincide with the use The facility shall be used Not less than 600 feet within 600 feet of the facility for a Asphalt or from any residential of residential only for a project within specified construction Concrete property, park,or property; or the City or its ETJ, no more project, not to exceed Batch Plant school. 6:00 a.m. to than one mile from the 180 days. Shall be 10:00 p.m. in all project site. removed upon project other locations. completion. May be used by construction superintendent, On lot or parcel construction workers, Temporary proposed for and other Shall be removed prior to contractors, Construction development, set back Not limited. personnels, a certificate of occupancy Office at least 10 feet from all for the last building. property lines. construction team or as a security office.The building may not be used as a residence. 8:00 a.m. to 8:00 p.m. if The facility shall be used Established by approval; Temporary Within one-half mile of within 600 feet only for a construction site to coincide with the use Construction the construction to of residential within the City or ETJ or an of the facility for a which the construction property; or infrastructure project that Yard yard relates. 6:00 a.m.to is wholly or partially specified construction 10:00 p.m. in all located in the City. project. other locations. On parcel or lot using dumpster, set back at least 10 feet from the Refuse shall be contained property line. In within the dumpster and Temporary nonresidential and shall be secured to Shall be removed prior to issuance of a certificate Construction mixed-use districts, Not limited. prevent it from being of occupancy for the last Dumpster dumpsters shall be removed from the located behind buildings dumpster by wind or building. (where possible) and animals. shall not obstruct required parking areas. 21 Table ■-2. Temporary Construction, and Refuse Collection Temporary Operational Location of • of • of LimitationsUse 30 days if located in a residential driveway; On parcel or lot served three months to coincide by portable storage unit. with building permit if No encroachment into located behind the front Portable setbacks or over wall of a principal Storage Unit sidewalks is permitted. Not limited. Not limited. building, outside of the On nonresidential required side or rear parcels, must be located setbacks and screened behind principal from view from public building. rights-of-way and residential districts or uses. Section 14. That Chapter 111, "Unified Land Development Code," Article 3, "Development Standards," Division 3.2, "Building and Site Design,", Section 3.21, "General Provisions," Subsection D, "Sidewalks", is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 3. DEVELOPMENT STANDARDS DIVISION 3.2 BUILDING AND SITE DESIGN Sec.3.21 General Provisions D. Sidewalks. Sidewalks in conformance with 4.2, Sidewalks and Accessibility and Chapter 18. Buildings and Building Regulations, 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. Section 15. That Chapter 111, "Unified Land Development Code," Article 3, "Development Standards," Division 3.2, "Building and Site Design," Section 3.22 "Single-Unit Dwelling and Duplex Development," Subsection(E), "Residential Accessory Structures," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE 22 ARTICLE 3. DEVELOPMENT STANDARDS DIVISION 3.2 BUILDING AND SITE DESIGN Sec.3.22 Single-Unit Dwelling and Duplex Development E. Residential Accessory Structures. l. One Acre o,•Smaller. For a tract of land one acre or smaller: a. The sum of all residential accessory structures shall not exceed the gross square footage of the primary structure on the same lot. 2. Larger than one acre. For a tract of land larger than one acre: a. The sum of all residential accessory strictures shall not exceed 100 o of the lot area of the lot the accessory structure is located on. Section 16. That Chapter 111, "Unified Land Development Code," Article 3, "Development Standards," Division 3.4, "Tree Preservation, Landscaping, and Buffering," Table 3.41-1 "Required Landscaping Type Summary" is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 3. DEVELOPMENT STANDARDS DIVISION 3.4.TREE PRESERVATION,LANDSCAPING,AND BUFFERING Table Required Landscaping Type Summary Development • • Land Uses and Zoning DistrictsBufferyard Foundation Parking Lot Site Plantings Landscaping) Landscaping =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) 23 Table 3.41-1, Required Landscaping Type Summary Apartment, Nonresidential, Mixed-Use,or Industrial Uses(Outside of DTA, San Jacinto Districts, and HI 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. Section 17. That Chapter 111, "Unified Land Development Code," Article 3, "Development Standards," Division 3.4 "Tree Preservation, Landscaping, and Buffering," Section 3.43, "Bufferyard Landscaping," Subsection E,"Streetscape Bufferyard," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 3. DEVELOPMENT STANDARDS DIVISION 3.4. TREE PRESERVATION, LANDSCAPING,AND BUFFERING Sec.3.43 Bufferyard Landscaping F. Streetscape Bufferyard. 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 for lots of more than one acre, 6 feet for lots of one acre or less; and c. Freeways: 25 feet. Section 18. That Chapter 111, "Unified Land Development Code," Article 3 "Development Standards," Division 3.6, "Signs," Section 3.64, "Permissible Signs and Standards," "Permanent Freestanding Signs,"Table 3.64-2,"Permanent Freestanding Signage," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 3. DEVELOPMENT STANDARDS DIVISION 3.6. SIGNS 24 Sec.3.64 Permissible Signs and Standards Table NumberMaximum Sign Type Locations Maximum Maximum Height Sign Area of Signs Standards Nonresidential 6 ft.with a minimum uses in the ER, SR, 36 sq.ft. one-foot base Monument MR, UR Districts Signs Nonresidential uses in the DTA, SJ, 80 sq. ft. 8 ft. with a minimum MUN, OR, or AR one-foot base Districts 25 ■ The signs shall be constructed of the same primary masonry materials as the front building facade of the principal building. ■ All monument signs shall contain a minimum one- One sign foot masonry per street with mortar frontage. If border around a lot has all sides. more than ■ Architectural 300 ft. of embellishments street may be frontage, considered Nonresidential 10 ft. with a one through the uses in the GC, FC, 64 sq. ft. minimum one-foot additional review of a LI,or HI Districts base sign is master sign permitted plan provided ■ May only be the signs illuminated are utilizing separated internal by 150 ft. 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 26 TableFreestanding Maximum Maximum Additional Sign . - Locations Sign Area Maximum Height Number of Signs 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. 27 ■ 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 ■ Residential source. subdivisions 0 The sign shall or multi-unit be an on- dwelling premise sign. developments 0 Monument with more shall be set than 15 lots or back from all units ■ 8 ft.with a One monument lot lines a ■ Nonresidential minimum one-foot distance equal subdivisions in base on monument or two wall Subdivision signs at to the height of or a 60 sq.ft.for signs each the sign. Development nonresidential each permitted ■ Signs attached to entrance ' If an applicant Signs zoning district sign walls or fences from a proposes to use g with more shall not extend collector or a monument than 10 acres above the top of arterial sign, no wall or for a single the wall or fence street signs, as nonresidential allowed by this lot in a section shall be nonresidential permitted. If an zoning district applicant with more proposes to use than 5 acres wall signs, no and five lots 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 28 Table • Permanent Freestandin-g Maximum Maximum Additional Sign Type Locations • Sign Area of Signs 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. 29 ■ Such signs shall be oriented so as to only be visible to occupants of vehicles in the ■ No single stacking lanes drive- of the drive- through through facility. signs shall ■ Drive-through exceed 48 signs may be sq.ft. internally or ■ The total externally of all illuminated. Up drive- to 100%of through each sign may signs for be an one electronic stacking message center lane shall 2 signs per if they comply Drive- All nonresidential drive- 72 sqnot exceed.ft. with the Through uses with adrive- 6 ft. through standards of ■ There shall Sec. 3.64(6)(4), Signs through facility stacking be no lane above, and that maximum the signs are sign area if turned off the signs during the are hours when the completely related screened business is from view closed. of the The signs shall right-of- only be way and permitted in from any side yards and adjacent rear yards. residential Such sign may uses. be placed on the same lot as other freestanding signs allowed pursuant to this section. Driveway All nonresidential 2 per ■ Signs shall be Signs uses 4 sq.ft. 3 ft. driveway located within entrance 30 Table 3.64-2, Permanent Freestanding AdditionalMaximum Maximum LocationsSign Type . - Sign Area of Signs from a 30 ft. of the collector or right-of-way. arterial 0 Signs may be street. internally or externally illuminated. ■ Such sign may be placed on the same lot as other freestanding signs allowed pursuant to this section. Section 19. That Chapter 111, "Unified Land Development Code," Article 4 "Subdivision Design," Division 4.2, "Subdivision Design Standards," Section 4.22, "Development Types," Subsection D, "Infill," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 4. SUBDIVISION DESIGN DIVISION 4.2. SUBDIVISION DESIGN STANDARDS Sec.4.22 Development Types 3. lnjill. b. Eligibility for Infill. Infill development may be permitted on any individual parcel located in the UR or AR zoning district and that meets Requirements ii., iii., iv.,or v. below: i. Minimum Site Area or Infill. The minimum area for an infill subdivision 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; 31 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. Section 20. That Chapter 111, "Unified Land Development Code," Article 4 "Subdivision Design," Division 4.2 "Subdivision Design Standards," Section 4.24 "Lots and Blocks," Subsection B, "Lots" is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 4. SUBDIVISION DESIGN DIVISION 4.2. SUBDIVISION DESIGN STANDARDS Sec. 4.24 Lots and Blocks B. Lots 6. Radial Lots. Radial lots shall have a minimum width of 40 feet at the building line. 7. 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. 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. 32 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. Ili. If a flag lot derives its access in common with another lot,the combined common access shall have a minimum width of 20 feet. 8. Minimian 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. Section 21. That Chapter 111, "Unified Land Development Code," Article 6, "Development Review Bodies," Division 6.1, "Legislative and Quasi-Judicial Bodies Established and Authorized," Section 6.12 "Planning and Zoning Commission," Subsection (E), "Terms and Filling Vacancies," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 6. DEVELOPMENT REVIEW BODIES DIVISION 6.1. LEGISLATIVE AND QUASI-JUDICIAL BODIES ESTABLISHED AND AUTHORIZED Sec. 6.12 Planning and Zoning Commission E. Terms and Filling Vacancies. 1. Terms and Appointments. The city council shall appoint nine voting members to the Commission. Five voting members of the 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.However,the city council may remove a member at any time by a vote of the city council in public session. 33 2. 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 mayor's appointment to fill such vacancies for the new terms. The council,if interim vacancies occur,shall appoint or confirm the mayor's appointment of a successor for the remainder of the term. Section 22. That Chapter 111, "Unified Land Development Code," Article 7, "Development Review Procedures," Division 7.2, "Common Review Procedures," Section 7.210 "Development Review Summary Table,"Table 7.210-1 "Summary of Procedures,"is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 7. DEVELOPMENT REVIEW PROCEDURES DIVISION 7.2. COMMON REVIEW PROCEDURES Sec.7.210 Development Review Summary Table Table 1 aw • = 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 Development ■ Conference Action 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. Concurrent with Administrative submittal of a Site Adjustment 7-31 Development Plan, Planning Director 2 years Building Permit,or Sign Permit 14 Table1 SummIctry of • - • • = 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 Development Cross- ApplicationApplication Final Expiration 2 • . • Conference Prior to any Site Development development of any Article Plan use unless Planning Director 2 years 2,Article 3 7.32 specifically exempted in this ULDC Prior to developing a Minor or minor subdivision or 2 years;None Amending Plat making a minor Planning Director after Article 4 7.33 modification to a recordation recorded plat 1 year if Lot Consolidation Prior to applying for Planning Director unrecorded; 7.34 a Building Permit None after recordation Engineerini Construction Minimum Plans Prior to site City Engineer 2 years Design 7.35 construction Standards and Specificatior Prior to erecting, altering,replacing, relocating, Building Permit rebuilding,repairing, Building Official 180 days 7.36 or restoring a principal or accessory building or structure Prior to any development Floodplam activities or land Development disturbance within a Floodplain Administrator 180 days Article S Permit regulatory floodplain 7.37 as shown on a Flood Insurance Rate Map (FIRM) 35 Table 1 '16.,�ummary of • • 9 = 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 •re- Review Responsibilities Development Submittal Public Cr• A• • Application • • Conference • On-Site Water or Wastewater Prior to land _ City Engineer 180 days Sec.4.27 Permit disturbing activities 7.38 Prior to constructing, installing,placing,or Sign Permit relocating a sign or Planning Director 2 years Division 3.E 7.39 modifying a sign's dimensions or illumination Temporary Use Prior to the Permit operation of any Planning Director 1 year Sec.2.36 7.310 temporary structure or use Certificate of Upon completion of Occupancy construction Building Official None 7.311 before a change in occupancy Written Interpretation None Planning Director 7.312 In order to make a limited modification Minor to any numerical Modification of an standard on an Same as Approved application that has Development review body that made application Application already been the initial approval being 7.313 approved but that modified has not received a Certificate of Occupancy 36 Table 1 • = 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 [ j= Public Hearing Required Development Application Timing Conference Notice' Recommendation Action Application Final Expiration 2 Prior to laying, constructing, Right-of-Way building,repairing or License rebuilding any City Engineer 1 year 7.314 sidewalk,driveway, curb,or gutter on any street,alley,or thoroughfare Prior to building, Easement erecting,or Encroachment constructing any License building,structure, City Engineer 7.315 or edifice for any use or occupancy 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 th exercise of broad discretion. As part of a zoning Master map amendment to M Article Development Plan • Planning Director [P&Z] 2 years 7.41 a PD or Cluster P 2,Article 3 development ULDC Text Prior to a change of P 1st:Planning Director Amendment the text in this ULDC W 2nd:[P&Z] [CC] None 7.42 Prior to establishing or expanding an M Zoning Map activity,building Amendment type,or land use . P 1st:Planning Director [CC] None 7.43 prohibited in the S 2nd:[P&Z] W current zoning district 37 Table 1 Summary of • • • • = 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 • Responsibilities Development Applicatio Final . . . . . • Conference Action 24 months if Prior to construction use is not Special Use and permitting of M established Permit an land use that is . P 1st:Planning Director y S 2nd: [P&Z] [CC] and/or Article 2 7.44 designated as a Building special use W Permit not issued Planned Unit Prior to establishing M Development a Planned Unit P 1st:Planning Director [CC] None Sec.2.25 7.45 Development(PUD) S 2nd:[P&Z]W 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 standard! of this ULDC or that are contested by an aggrieved party.Such final decisions are characterized by exercise of discretion. Prior to or M Variance concurrent with P 7.51 submittal of a Site S 1st:Planning Director [BOA] None Article 3 Plan,or Sign Permit W Variance, Floodplain Refer to procedures in Chapter 110,Article II,Division 2,Sec.110-70,Variances,of the City's Code of Ordinances. 7.52 Within 30 days after Appeal of an appellant or their Administrative agent received P Decision notice or the action M [BOA] None 7.53 of the official that is W the subject of the appeal 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. Prior to development Development Plat of a property that 1st:Development [Planning and 7.61 does not require a Review Committee Zoning 6 months subdivision plat 2nd:Planning Director Commission] 38 Table 1 of • • r I • = 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 Development Cross- ApplicationApplication Final Expiration •tice' Recommendation • Conference Action Prior to a Final Plat in order to subdivide land into five or Preliminary Plat more lots or lots that _ 1st:Development [Planning and 7.62 require the creation Review Committee Zoning 3 years Article 4 2nd:Planning Director Commission] of a street or the expansion of municipal facilities 1 year if Final Plat Following approval Planning unrecorded; Planning Director Article 4 7.63 of a Preliminary Plat Director None after recordation Replat Prior to changing the 1st:Development [Planning and 2 years;None 7.64 number of lots on a Review Committee Zoning after Article 4 recorded Final Plat 2nd:Planning Director Commission]= recordation Administrative Prior to removing the body that approved the Vacating Plat force of a recorded 1st:Development original 2 years;None 7.65 plat covering a Review Committee Minor, after property or 2nd:Planning Director Amending, recordation properties Replat,or Final Plat Prior or concurrent with submittal of a 1st:Development [Planning and Same as Waiver Preliminary Plat that P Waiver varies from the  W Review Committee Zoning associated Article 4 7.66 subdivision design 2nd:Planning Director Commission] plat standards 39 Table1 of • - • • = 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 [ J = Public Hearing Required ResponsibilitiesPre- Review Notice'Development Submittal Application Public Final Expiration 2 Cross- 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 the applicant does not commence the work prior to the expiration or does not diligently pursue completion c 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 plumbir inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Loc Government Code Section 212.015. If a public hearing is not required,the final action shall take place at a publ meeting of the Planning and Zoning Commission. Section 23. That Chapter 111, "Unified Land Development Code," Article 7, "Development Review Procedures,"Division 7.4,"Master Plans,Amendments,and Special Uses,"Section 7.45,"Planned Unit Development," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 7. DEVELOPMENT REVIEW PROCEDURES DIVISION 7.4. MASTER PLANS,AMENDMENTS,AND SPECIAL USES 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; 40 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; 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. Dei�elopment 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 41 16. Phasing Schedule. A development larger than 100 acres shall provide a phasing schedule depicting the construction phases. 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 k ill not adversely affect nearby properties. Minor Modifications may be granted in accordance with 7.313,Minor Modifications of an Approved Application. C. Review of Progress and Termination of Detail Plan. Annually, oil 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. D. 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. Section 24. That Chapter 111, "Unified Land Development Code," Article 8, "Nonconformities," Division 8.1, "Classification and Conversion of Nonconformities," Sec. 8.13, "Conversion of Nonconformities," is amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 8. NONCONFORMITIES DIVISION 8.1. CLASSIFICATION AND CONVERSION OF NONCONFORMITIES Sec. 8.13 Conversion of Nonconformities A. Purpose. The purpose of this Section is to provide standards by which nonconforming uses and structures (See Sec. 8.11, General Pro►-i.sions) can be made "conforming" through a public hearing process. In many instances, nonconforming uses and structures 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. 42 1. Procedure. An owner of a nonconforming use or nonconforming structure may apply for a Special Use Permit pursuant to Sec. 7.44,Special Use Permit,which has the effect of making the nonconforming use or structure 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. 8.12.13,Nonconforming Lots of Recorcl. 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 nonconfornities 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 or structure (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 or structure 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. 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 confonning use or structure, the use or stricture 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 "nonconfonning uses" or "nonconforming structures" to "conforming uses" or"confonning structures"by virtue of the issuance of the Pen-nit. 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. 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. Section 25. That Chapter 111, "Unified Land Development Code," Article 10, "Word Usage," Division 10.2, "Definitions,"is hereby amended to remove the definition of"Travel Plaza." 43 Section 26: Any person who fails to comply with any provision contained in Section 1 of this ordinance shall be guilty of a misdemeanor and,upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO 100 DOLLARS($2,000.00). Each act of violation and each day upon which 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 27: 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 28: 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 29: 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. 44 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 121h day of DECEMBER, 2024. BRANDON CAPETIL O, M or A ST: r �hSTOts�n, °a 0 ANGELA J KSON, 'ity r o Y 0 APPROVED AS TO O M: SCOTT LEMON,City Attorney R:Ordinances and Resolutions Ordinance Drafts 2024-12-12 Ordinance Appro%mg Amendments to-ULDC-Final RH Minor Edits.docx 45