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Ordinance No. 13,521ORDINANCE NO. 13,521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS,"
DIVISION 3 "NON-RESIDENTIAL ZONES," SECTION 3.10
"APPLICABILITY," SUBSECTION (C) "SITE DESIGN" IS HEREBY
AMENDED BY ADDING SUBSECTION (3) "COMMERCIAL WASTE
ENCLOSURES"; AND ARTICLE IV "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, IN ORDER TO REVISE CERTAIN
DEFINITIONS BY AMENDING OR ADDING DEFINITIONS OF
"COMMERCIAL WASTE CONTAINER," "COMMERCIAL WASTE
ENCLOSURE," "YARD, FRONT," "YARD, SIDE," AND "YARD, BACK,"
AND ADD REGULATIONS CONCERNING TRASH ENCLOSURES;
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.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 3 "Non -Residential Zones," Section 3.10
"Applicability," Subsection (c) "Site design" is hereby amended by adding a new subsection to
be numbered and entitled subsection (3) "Commercial waste enclosures," which subsection shall
read as follows:
ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 3. NON-RESIDENTIAL ZONES
Sec. 3.10. Applicability
Any parcel zoned one or more of the non-residential zoning categories shall comply with the
masonry, architectural and site design standards listed in this section.
(c) Site design.
(3) Commercial waste enclosure(s). Commercial waste enclosures shall be
incorporated into the overall design of the building and landscape so that
visual impact of brush and commercial waste containers are fully
contained and out of view from adjacent properties and public rights-of-
way. Commercial waste enclosures shall be:
a. located in the rear or side yard;
b. subject to setback standards described in Table 3.1;
C. placed a minimum distance of 20 feet from any public right-of-
way, public sidewalk, or property line that abuts a residential
zoning district or any residential use;
d. constructed of any one or more of the following materials and
include an opaque gate:
• redwood,
• rough cedar,
• pressure treated lumber,
• brick,
• concrete, and
• masonry materials as defined within Article IV of the
ULDC.
Metal and plastic are prohibited materials for any visible exterior
wall of the commercial waste enclosure, except for the required
opaque gate; and
e. a minimum height of the greater of (i) six feet (6') or (ii) one foot
(1') taller than the waste container; provided that the maximum
height shall not exceed ten feet (10') in height.
Section 2: That Appendix A "Unified Land Development Code," Article IV
"Definitions" is hereby amended to amend or add the definitions of "commercial waste
container," "commercial waste enclosure," "yard, front," "yard, side," and "yard, back," which
definitions shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE IV. DEFINITIONS
The following words, terms and phrases, when used in this ULDC, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning.
Commercial waste container means a container, dumpster, collection receptacle, or
compactor used to store or transport garbage and/or commercial waste, which is (i) totally
enclosed; (ii) of adequate strength and design to prevent leakage of leachates and spillage of
other waste during storage, transport and emptying or loading; and (iii) regularly replaced or
cleaned to prevent offensive odor and harborage, feeding and propagation of vectors.
Commercial waste enclosure means a structure to be used for the screening and storage
of commercial waste container(s) and brush.
Yard, front means the area situated between the front building line and the front lot line
extending the full width of the lot.
Yard, rear means the area situated between the rear building line and a rear lot line, and
extending the full width of the lot.
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Yard, side means the area situated between the side building line and a side lot line, and
extending from the front yard to the rear yard.
Section 3: 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 N0/100 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 4: 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 5: 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 6: 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 affirmat've vote of the City Council of the
City of Baytown, this the 27th day of July, 2017.
�Q
CHRIS PRESLEY, Mayor Pro Tem
ATTEST:
LETICIA BRYSCH, City Ck9k
APPROVED AS TO FORM:
ACIO RAMIREZ, SRCC'A�ttorney
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