Ordinance No. 12,704ORDINANCE NO. 12,704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.25 "VOTE REQUIRED FOR ACTION" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER
OF VOTES NEEDED FOR A SPECIAL USE PERMIT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Section 1: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.25 "Vote required for action" of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.25. Vote required for action.
(a) Zoning text and map amendments. After the close of the public hearing on the zoning
text or zoning map amendment held pursuant to section 1.24 of this ULDC, the city
council shall vote to approve, approve with modifications or disapprove the proposed
amendment based upon the criteria in this ULDC. Except for actions to grant a special
use permit, action to amend the zoning text of this ULDC or the official zoning map shall
require an affirmative vote of at least the following:
Three- fourths of all members of the city council if the proposed change to the
zoning text or official zoning map is protested in accordance with V.T.C.A.,
Local Government Code, ch. 211; or
2. Two - thirds of all members of the city council in all other cases.
(b) Special use permits. After the close of the public hearing on a special use permit held
pursuant to section 1.24 of this ULDC, the city council shall approve, approve with
conditions or disapprove the proposed special use permit based upon the criteria in this
ULDC. Action to grant a special use permit shall require an affirmative vote of at least
the following:
1. Three- fourths of all members of the city council if the proposed special use permit
is protested in accordance with V.T.C.A., Local Government Code, ch. 211; or
2. Two - thirds of all members of the city council in all other cases.
Section 2: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 3: If any provisions, 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 4: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative �of the City Council of the
City of Baytown, this the 17th day of November, 2014.
FA' 9ZT611i/2101:1�111030].7UT I
S- gEPHEN -H. DONCARLgS, Mayor
R:1Karen\Fi1es +•City Councit .Ordinances\2014VYovember 17\ULDC Voting Requirements - SUP 5.docx
2