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]
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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