Ordinance No. 13,190ORDINANCE NO. 13,190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE
II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS,"
"SECTION 2.09 "LAND USE TABLES." TABLE 2 -2 NON - RESIDENTIAL USES,"
PERTAINING TO "NURSING HOMES AND ASSISTED LIVING FACILITIES" AND
ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND
USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS,"
SECTION A "NON- RESIDENTIAL CATEGORIES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTION 58 "NURSING
HOMES AND ASSISTED LIVING FACILITIES" AND ARTICLE IV
"DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD
A DEFINITION OF "VEGETATIVE BUFFER ZONE "; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table 2 -2 "Non-
residential uses," pertaining to "Nursing homes and assisted living facilities" is hereby amended to read as
follows:
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
This section sets forth the land uses allowed in each zoning district. In the following tables "P"
means permitted use and "PC" means permitted use with conditions as set forth in the conditions tables in
division 3 of this article. Where neither a "P" nor a "PC" exists in the table, the use is prohibited. To the
extent that there is a conflict between the use tables and the conditions, the use table controls.
Table 2 -2. Non - residential uses.
I MMMMMMM ____ �
Nursing homes and assisted living
PC
PC
PC
PC
A20, A22,
facilities
A58
Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land use conditions," Section A "Non-
Residential Categories" of the Code of Ordinances, Baytown, Texas, is hereby amended to add subsection
58 "Nursing homes and assisted living facilities" to read as follows:
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.10. Land use conditions.
This section sets forth the conditions associated with identified land uses in section 2.05. The
conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the
Code.
A. Non - Residential Categories
(a) Nursing homes and assisted living facilities shall provide a 20 -fool
Nursing vegetative buffer zone consisting of one tree and eight shrubs for
homes and every 30 linear feet of the shared property line between all.
8 assisted NSC residential zoning districts and uses. The plantings shall meet the
living specifications of section IS- 1203 of the Code of Ordinances.
facilities (b) Nursing homes and assisted living facilities shall be located on
arterials or collectors.
Section 3: That Appendix A "Unified Land Development Code," Article IV "Definitions"
of the Code of Ordinances, Baytown, Texas, is hereby amended to add a definition of "vegetative buffer
zone," which definition shall read as follows:
ARTICLE IV. DEFINITIONS
Vegetative buffer zone means an area, which extends inward from the property line of a site,
provides protection between land uses, and contains plantings consisting of ground cover, shrubs and
trees.
Section 4: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND N01100 DOLLARS ($2,000.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5: 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 6: 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 7: 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 vote of tlCity Council of the City of
Baytown, this the 12th day of May, 2016. l
ATTEST:
LETICIA BRYSCH, City C rk
APPROVED AS TO FORM:
• RAm
H. DONCARLOS, Mayor
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