Ordinance No. 13,191ORDINANCE NO. 13,191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS,"
ARTICLE II "BUILDING CONSTRUCTION STANDARDS," DIVISION 3
"BUILDING CODE," SECTION 18 -93 "SIDEWALKS," SUBSECTION (A); AND
ARTICLE XIV "LANDSCAPING," SECTION 18- 1206.5 "VEGETATIVE BUFFER
ZONES," SUBSECTION (C) "GENERAL "; CHAPTER 21 "CABLE AND
TELECOMMUNICATION REGULATIONS," ARTICLE III
"TELECOMMUNICATION REGULATIONS," DIVISION 2 "STANDARDS,"
SECTION 21 -111 "TELECOMMUNICATION TOWER STANDARDS,"
SUBSECTION (D) "FENCING "; SECTION 21 -112 "TOWER LOCATION
STANDARDS," SUBSECTION (B) RESIDENTIAL "; SECTION 21 -113
"ALTERNATIVE MOUNTING STRUCTURES," SUBSECTION (C); SECTION 21-
114 "ANTENNA MOUNTING STANDARDS," SUBSECTION (2); SECTION 21 -116
"MEASUREMENT OF DISTANCES "; AND SECTION 21 -117 "SUMMARY
TABLE"; CHAPTER 74 "PEDDLERS AND SOLICITORS," ARTICLE II
"ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 1
"GENERALLY," SECTION 74 -33 "GENERAL PROHIBITIONS," SUBSECTION (B);
CHAPTER 82 "SECONDHAND GOODS," ARTICLE IV "GARAGE SALES,"
SECTION 82 -204 "PERSONS AND SALES EXCEPTED," SUBSECTION (A); AND
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE
DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.09 "LAND USE
TABLES," TABLE 2-4 "RESIDENTIAL USES" AND TABLE 2 -5 "RESIDENTIAL
ACCESSORY USE TABLE "; AND SECTION 2.095 "CERTAIN TYPICAL
ACCESSORY USES," SUBSECTION (A); AND ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT
STANDARDS," TABLE 3 -1 "PROPERTY DEVELOPMENT STANDARDS" AND
DIVISION 2 "OPERATIONAL PERFORMANCE STANDARDS," SECTION 3.08
"STANDARDS," SUBSECTIONS (A), (B), AND (D)(1) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO REMOVE ALL REFERENCES TO THE
NEIGHBORHOOD CONSERVATION (NC) ZONING DISTRICT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00) OR
TWO THOUSAND AND N01100 DOLLARS ($2,000.00) DEPENDING UPON THE
VIOLAION; 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 18 `Buildings and Building Regulations," Article II `Building
Construction Standards," Division 3 `Building Code," Section 18 -93 "Sidewalks," Subsection (a) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE H. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18-93. Sidewalks.
(a) Construction required. Except as provided in subsection (b) of this section, sidewalks conforming
to the requirements of chapter 122 of this Code shall be required to be constructed along all
roadways abutting property located in any zoning district excluding HI on which development or
construction is to occur.
Section 2: That Chapter 18 `Buildings and Building Regulations," Article XIV
"Landscaping," Section 18- 1206.5 "Vegetative buffer zones," Subsection (c) "General" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE H. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18- 1206.5. Vegetative buffer zones.
(c) General. The LI and HI zoning districts shall be screened from view of (i) adjacent SFE,
SF1, SF2, MF1, MF2, MF3, UN, MU, NSC, ACE, and LC zoning districts, (ii) an
adjacent lot that contains a dwelling unit and (iii) adjacent HI and LI districts if a public
right -of -way or navigable waterway is adjacent to such HI or LI district. Such screening
shall be accomplished through the use of landscaping materials as required herein. At
least 50 percent of the shade trees and small trees required shall be evergreens. No more
than 50 percent of such trees shall be of the same species. Such percentages shall be
determined on a per lot basis.
(1) LI zoning district. The vegetative buffer zone in the LI zoning district shall be
divided into the following zones:
a. LI zone 1 shall extend 25 feet inward from the outer boundary of the
vegetative buffer zone; and
b. LI zone 2 shall extend 25 feet inward from the inner boundary of LI zone
1.
(2) HI zoning district. The vegetative buffer zone in the HI zoning district shall be
divided into the following zones:
a. HI zone 1 shall extend 25 feet inward from the outer boundary vegetative
buffer zone;
b. HI zone 2 shall extend 25 feet inward from the inner boundary of HI zone
1; and
C. HI zone 3 shall extend 50 feet inward from the inner boundary of HI zone
2.
Section 3: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -111 "Telecommunication tower
standards," Subsection (d) "Fencing" of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE M. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -111. Telecommunication tower standards.
(d) Fencing. Security fencing enclosing the base of a tower shall be by a wrought iron or steel chain
link fence with evergreen hedge, or a masonry wall, each not less than six feet in height. The
exterior of equipment buildings and/or metal equipment cabinets visible from an SFE, SF1, S172,
MF1, M172, M173, UN, NSC, LC or ACE zoning district, residential use, or public right -of -way
must have a neutral aggregate finish or be painted to reflect the color and character of adjoining
structures or blend with adjacent landscaping and other surroundings.
Section 4: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -112 "Tower location standards,"
Subsection (b) "Residential' of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE M. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Section 21 -112. Tower location standards.
(b) Residential. Except as otherwise provided in this article, telecommunications towers are
not permitted in any SFE, SF1, SF2, MF1, MF2, MF3, UN, NSC, LC or ACE zoning
district and must be at least:
(1) Two hundred fifty feet from any property, which is within a SFE, SF 1, SF2, MF1,
MF2, MF3, UN, NSC, LC or ACE zoning district or is used for residential
purposes, regardless of the zoning district if the tower height is 75 feet or less; or
(2) A distance from any property which is within a SFE, SF1, SF2, MF1, MF2, MF3,
UN, NSC, LC or ACE zoning district or is used for residential purposes,
regardless of the zoning district, calculated as follows:
a. Two hundred fifty feet; plus
b. Five feet per each foot of tower height or portion thereof over 75 feet.
Section 5: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -113 "Alternative mounting
structures," Subsection (c) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -113. Alternative mounting structures.
(c) All new alternative mounting structures located in a SFE, SF I, SF2, MF1, MF2, MF3, UN, NSC,
LC or ACE zoning district shall require a special use permit.
Section 6: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -114 "Antenna mounting
standards," Subsection (2) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -114. Antenna mounting standards.
The purpose of this section is to promote public safety and maintain order and harmony within
the city's zoning districts by restricting the size and location of telecommunication antennas. The object is
to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorist on
public thoroughfares and to ensure the structural integrity of supporting structures.
(2) Dish antenna mounting standards.
a. Dish antennas shall not be permitted in any front setback area or sideyard setback
adjacent to any roadway.
b. Ground mounted dish antennas in excess of five feet in height shall be screened
from roadways and adjacent property by a minimum six -foot high screening
fence, evergreen hedge, or masonry wall.
C. Dish antennas in excess of ten feet in height or more than three meters in
diameter shall not be permitted in any SFE, SF1, SF2, MF1, MF2, MF3, UN,
NSC, LC or ACE zoning district.
d. Building/roof mounted dish antennas one meter or less in diameter are permitted
in all zoning districts.
e. Building/roof mounted dish antennas two meters or less in diameter are permitted
on all buildings in excess of 5,000 square feet of building floor area in the MU,
GC, LI and HI zoning districts.
f. Only one building/roof mounted dish antenna, two meters or less in diameter, is
permitted per 5,000 square feet of building floor area on nonresidential buildings
and on multifamily dwellings in the SFE, SF I, SF2, MF1, MF2, MF3, UN, NSC,
LC or ACE zoning districts.
g. Building/roof mounted dish antennas in excess of two meters in diameter may be
permitted on buildings in excess of 100,000 square feet of building floor area in
the MU, GC, LI and HI zoning districts with a special use permit.
h. Building/roof mounted dish antennas in excess of one meter in diameter in SFE,
SF1, SF2, MF1, MF2, MF3, UN, NSC, LC or ACE zoning districts shall be
painted to have an appearance that blends with the building on which they are
located or be located so that they are not visible from any adjacent roadway.
i. Building/roof mounted dish antennas in excess of two meters in diameter, in MU
zoning districts shall be painted or screened with enclosures so as to have an
appearance that blends with the building on which they are located or be located
so that they are not visible from any adjacent roadway.
Section 7: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -116 "Measurement of distances"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -116. Measurement of distances.
Distances in this article shall be measured along a single straight line between the center
of the tower base and the nearest point on any property line of a historic property, scenic corridor
or SFE, SF1, SF2, MF1, MF2, MF3, UN, NSC, LC or ACE zoned property or residential use.
Section 8: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -117 "Summary table" is hereby
amended to remove "NC" from column titled "SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or
ACE" so that the same reads "SFE, SF1, S172, MF1, MF2, MF3, UN, NSC, LC, or ACE."
Section 9: That Chapter 74 "Peddlers and Solicitors," Article II "Itinerant Merchants and
Open Air Vendors," Division 1 "Generally," Section 74 -33 "General prohibitions," Subsection (b) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE H. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1. GENERALLY
Sec. 74 -33. General prohibitions.
(b) No open air vendor shall:
(1) Be located in a SFE, SF1, S172, MFI, MF2, MF3, UN, or NSC zoning district as defined
in the Unified Land Development Code;
(2) Be allowed to locate in an area where there is less than two all- weather, off - street parking
spaces per 1,000 square feet of display area on the site; or
(3) Locate in such a manner that will impede or interrupt the normal ingress and egress of
traffic from a public right -of -way.
Section 10: That Chapter 82 "Secondhand Goods," Article IV "Garage Sales," Section 82-
204 "Persons and sales excepted," Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE IV. GARAGE SALES
Sec. 82 -204. Persons and sales excepted.
(a) The provisions of this article shall not apply to or affect the following persons or sales:
(1) Persons selling personal property or goods pursuant to an order or process of a court of
competent jurisdiction;
(2) Persons acting in accordance with their powers and duties as public officials;
(3) Any person selling or advertising for sale an item or items of personal property which are
specifically named or described in the advertisement and which do not exceed five in
number; or
(4) Persons conducting a garage sale on property, which is:
a. Used for commercial purposes and not located in a SFE, SF1, SF2, MF1, MF2,
MF3, UN, NSC, LC or ACE zoning district; or
b. Located in a MU, GC, LI, HI zoning district and is not used for residential
purposes.
Section 11: That Appendix A "Unified Land Development Code," Article 11 "Use Districts,"
Division 2 "Zoning Districts," Section 2.09 "Land use tables," Table 24 "Residential uses" of the Code
of Ordinances, Baytown, Texas, is hereby amended to remove the column titled "NC" from such table.
Section 12: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 2 "Zoning Districts," Section 2.09 "Land use tables," Table 2 -5 "Residential accessory use
table" of the Code of Ordinances, Baytown, Texas, is hereby amended to remove the column titled "NC"
from such table.
Section 13: That Appendix A "Unified Land Development Code," Article 11 "Use Districts,"
Division 2 "Zoning Districts," Section 2.095 "Certain typical accessory uses," Subsection (a) of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.095. Certain typical accessory uses.
(a) Special use permit required. Any use typically classified as a residential accessory use and listed
in Table 2 -5 for which no principal use exists is prohibited unless the property is in SFE or SF1
zoning district and a special use permit has been issued prior to any work commencing on site in
accordance with the provisions of this section.
Section 14: That Appendix A "Unified Land Development Code," Article III "Design and
Compatibility Standards," Division 1 "Property Development Standards," Table 3 -1 "Property
development standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to remove the
column titled "NC" from such table.
Section 15: That Appendix A "Unified Land Development Code," Article III "Design and
Compatibility Standards," Division 2 "Operational Performance Standards," Section 3.08 "Standards,"
Subsections (a), (b), and (d)(1) are hereby amended to read as follows:
ARTICLE M. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 2. OPERATIONAL PERFORMANCE STANDARDS
Sec. 3.08 Standards.
Under this division, the following standards shall apply:
(a) Noise. Sites shall be laid out and uses shall be operated to prevent noise from becoming a
nuisance to adjacent single - family and duplex uses;
(c) Fire and explosive hazards. Underground storage tanks for flammable liquids and gasses
shall be located at least 50 feet from the lot line of lots that contain a single - family or
duplex use; aboveground tanks shall be set back at least 100 feet from such lot lines,
unless the board of adjustment determines, based on information provided by the
applicant, that a 50 -foot setback will ensure compliance with all applicable state
standards. The storage tank setback requirements of this subsection shall not apply to
tanks that are necessary to single - family or duplex units; and
(d) Light and glare. The following operational performance standards shall apply:
(1) All exterior lighting shall be hooded or otherwise shielded so that the light source
is not directly visible from property that contains a single - family or duplex
Section 16: Any person who fails to comply with Sections 1 through 10 of this ordinance
shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO /100 DOLLARS ($500.00). Any person who fails to comply with Sections 11
through 15 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 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 17: 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 18: 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 19: 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
Baytown, this the 12'' day of May, 2016.
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City orney
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