Ordinance No. 13,763ORDINANCE NO. 13,763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS,"
ARTICLE XIV "LANDSCAPING," SECTION 18-1202 "DEFINITIONS" AND
SECTION 18-1206.5 "VEGETATIVE BUFFER ZONES," SUBSECTIONS (A)
"PURPOSE," (B) "DEFINITIONS," (D) "EXEMPTION," AND (E) "LANDSCAPING
REQUIREMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO
ADD TRANSITION BUFFER ZONES TO LANDSCAPING; AMENDING APPENDIX
A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE 11 "USE DISTRICTS,"
DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND
USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES," "BOAT AND RV
STORAGE," `BUILDING, HEATING, PLUMBING, GENERAL, SERVICE OR
ELECTRICAL CONTRACTORS WITH OUTDOOR STORAGE," "SELF -STORAGE,"
"TOWING YARD" AND "VEHICLE STORAGE"; SECTION 2.09 "LAND USE
TABLES," TABLE 2-3 "NON-RESIDENTIAL ACCESSORY USE TABLE," "BOAT
AND RV STORAGE'; SECTION 2.10 "LAND USE CONDITIONS," SUBSECTION A
"NON-RESIDENTIAL CATEGORIES," ITEM 42 "OUTDOOR STORAGE,
CONTAINER"; ARTICLE IV "DEFINITIONS" "SELF -STORAGE ENCLOSED" 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," SUBSECTION A "NON-RESIDENTIAL CATEGORIES" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ITEM TO
BE NUMBERED AND ENTITLED ITEM 59 "SELF -STORAGE," AMENDING
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE rV
"DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO ADD
A DEFINITION OF "TRANSITION BUFFER ZONE"; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND N0/100 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 Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18-1202 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby
amended to add a definition of "Evergreen tree," which definition shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1202. Definitions.
For the purpose of interpreting and administrating the provisions of this article, the words defined
in this section shall be given the meanings set forth below. All other words shall be given their common,
ordinary meanings, as the context may reasonably suggest.
Evergreen tree means a tree that retains some or all of its leaves throughout the year, which can
be used for the purposes of providing a visual screen.
Section 2: That Chapter 18 `Buildings and Building Regulations," Article XIV
"Landscaping," Section 18-1206.5 "Vegetative buffer zones" of the Code of Ordinances, Baytown,
Texas, is hereby renamed as Section 18-1206.5 "Vegetative and transition buffer zones," and subsections
(a) "Purpose," (b) "Definitions," (d) `Exemption," and (e) "Landscaping requirements" of such section
are hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Section 18-1206.5. Vegetative and transition buffer zones.
(a) Purposes. The purpose of the vegetative and transition buffer zones required herein is to guard
against incompatible uses in adjacent zoning districts by providing a visual screen, a light barrier,
a sound barrier and some containment of air movement near the ground level. The provisions of
this section shall be construed to accomplish these purposes.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
HI zoning district shall mean the HI heavy industrial zoning district established in the
Unified Land Development Code.
LI zoning district shall mean the LI light industrial zoning district established in the
Unified Land Development Code.
Transition buffer zone means an area, which extends inward from the property line of a
site, provides protection between land uses consisting of ground cover and trees.
Vegetative buffer zone has the meaning ascribed to it in the Unified Land Development
code.
(d) Exemption. Vegetative and transition buffer zones shall be exempt from sections 18-1205 and
18-1206.
(e) Landscaping requirements. The landscaping requirements of this subsection are intended to
provide a continuous vegetative screening of the district or land use. The following contain the
minimum standards; however, additional plantings may be required to accomplish this purpose.
(1) Vegetative buffer zone
a. LI zoning district.
1. LI zone 1. The owner shall plant and maintain at least the following in LI
zone 1:
i. Mixture of small trees and shade trees, which shall be planted
every 30 linear feet, 15 feet from the outside boundary of LI
zone 1; provided, however, that no more than 50 percent of trees
may be small trees;
ii. Eight shrubs for every 30 linear feet evenly spaced; and
Groundcover extending for 15 feet measured from the outside
boundary of the LI zone 1, which groundcover shall be
maintained in accordance with article II of chapter 42.
2. LI zone 2. In LI zone 2, the owner shall plant and maintain at least one
shade tree every 30 linear feet with centers 15 feet from the inner
boundary of LI zone 2. Such trees shall be offset 15 feet from the trees in
LI zone 1.
b. FII zoning district.
1. FII zone 1. The owner shall plant and maintain groundcover extending
throughout the entire HI zone 1, which shall be maintained in accordance
with article II of chapter 42.
2. FII zone 2. The owner shall plant and maintain at least the following in
HI zone 2:
i. Mixture of small trees and shade trees, which shall be planted
every 30 linear feet, 15 feet from the inside boundary of HI zone
1; provided, however, that no more than 50 percent of trees may
be small trees; and
ii. Eight shrubs for every 30 linear feet evenly spaced.
HI zone 2 shall be maintained so as to allow native trees, shrubs, vines,
and other forms of vegetation to grow naturally.
3. FII zone 3. In HI zone 3, the owner shall plant and maintain the
following:
L At least one shade tree every 30 linear feet with centers ten feet
from the inner boundary of HI zone 2. Such trees shall be offset
ten feet from the trees in HI zone 2; and
ii. At least one shade tree every 30 linear feet with centers 20 feet
from the inner boundary of HI zone 3. Such trees shall be offset
ten feet from the trees required in subsection (e)(2)c.1.
HI zone 3 shall be maintained so as to allow native trees, shrubs, vines,
and other forms of vegetation to grow naturally.
(2) Transition buffer zone. A transition buffer zone provides protection to adjacent land
uses and shall consist of
3
a. A ten (10) foot wide vegetative buffer containing a row of moderate to fast-
growing evergreen trees with an expected growth to a minimum height of 16 feet
and a minimum width of 10 feet at its maturity, along the side yard lines, rear
yard lines, and frontage along a street. Tree types shall include, but are not
limited to, Wax Myrtle, Leyland Cypress, and/or American Holly;
b. All trees shall be installed with ten (10) feet of separation on center, at or above -
grade of the public right-of-way, and shall be a minimum of five (5) feet in
height at time of planting; and
C. A wood or masonry fence with a minimum height of 6 feet shall be installed
interior to the transition buffer.
Section 3: That Appendix A "Unified Land Development Code," Article H "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.09 "Land Use Tables," Table 2-2 "Non-
residential uses," "Boat and RV Storage," `Building, heating, plumbing, general, service or electrical
contractors with outdoor storage," "Self -storage," "Towing yard" and "Vehicle storage" of the Code of
Ordinances, Baytown, Texas, are hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
Building, heating,
Table 2-2. Non-residential uses.
Boat and RV storage
P
PC
PC
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A3'
plumbing, general, service or electrical contractors with
outdoor storage
A42
Self -storage
f
PC PC 1P,
A59
Towing yard P A42
4
Vehicle storage
Section 4. That Appendix A "Umfied Land Development Code," Article H "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.09 "Land Use Tables," Table 2-3 "Non-
residential accessory use table," `Boat and RV Storage" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Table 2-3. Non-residential accessory use table.
Boat and RV storage PC I PC Ip
A42
Section 5: That Appendix A "Unified Land Development Code," Article Il "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land Use Conditions," Subsection A "Non-
residential categories," Item 42 "Outdoor storage, container" of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
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 Categoxles
Outdoor storage, container, Boat !
and RV storage, Building, heating,
42 plumbing, general, service or All, where
electrical contractors with outdoor j permitted
storage j
➢ All outdoor storage shall only occur within the side
and/or rear yard(s) of the property. Where double
frontage occurs, outdoor storage shall not be permitted
beyond the plane of the side building fagade that is
adjacent to the side street.
PC
P
TA38
Section 4. That Appendix A "Umfied Land Development Code," Article H "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.09 "Land Use Tables," Table 2-3 "Non-
residential accessory use table," `Boat and RV Storage" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Table 2-3. Non-residential accessory use table.
Boat and RV storage PC I PC Ip
A42
Section 5: That Appendix A "Unified Land Development Code," Article Il "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land Use Conditions," Subsection A "Non-
residential categories," Item 42 "Outdoor storage, container" of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
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 Categoxles
Outdoor storage, container, Boat !
and RV storage, Building, heating,
42 plumbing, general, service or All, where
electrical contractors with outdoor j permitted
storage j
➢ All outdoor storage shall only occur within the side
and/or rear yard(s) of the property. Where double
frontage occurs, outdoor storage shall not be permitted
beyond the plane of the side building fagade that is
adjacent to the side street.
➢ All outdoor storage shall be separated by a vegetative or
transition buffer, as described in Sec. 18-1206.5 of the
Code of Ordinances, from all adjacent uses and all public
streets.
Section 6: That Appendix A "Unified Land Development Code," Article II "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land Use Conditions," Subsection A "non -
Residential Categories," of the Code of Ordinances, Baytown, Texas, to add a new item to be numbered
and entitled Item 59 "Self -storage," which item shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. 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
➢ 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,
(a)
without regard to roadways and
intersections; and
➢ Self -storage buildings shall have a
maximum height of 30 feet. Parapet walls
used to screen mechanical equipment on
the roof shall not be considered for the
59
Self -storage
MU, GC
height measurement.
(b)
➢ Self -storage bay(s)/unit(s) shall be
Bay
accessed from the interior of a building;
Access,
Interior
and
➢ Self -storage bay(s)/unit(s)/doors shall not
be visible from the exterior of the building.
➢ Self -storage bay(s)/unit(s) with entrances
(c)
accessible from the exterior of the building
Bay
shall only be permitted along fagades
Access,
facing the interior of the property and
Exterior
fagades not facing the public street.
➢ Self -storage bay(s)/unit(s) with entrances
accessible from the exterior of the building
shall install a transition buffer as described
in Sec. 18-1206.5 of the Code of
Ordinances.
Section T That Appendix A "Unified Land Development Code," Article IV "Definitions" is
hereby amended to amend the definition of "Self -storage enclosed" and to add a definition of "Transition
buffer zone," 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.
Self -storage means a facility containing independent, fully enclosed bays that are leased to
individuals exclusively for storage of their household goods, small business records, or personal property.
The term does not include outdoor storage.
Transition buffer zone means an area, which extends inward from the property line of a site,
provides protection between land uses consisting of ground cover and trees as ascribed to it in article
XIV, chapter 18 of the Code of Ordinances.
Section 8: 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 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 9: 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. In all other respects, this ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 10: 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 11: 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.
7
INTRODUCED, READ and PASSED by t
Baytown, this the 10'` day of May, 2018.
A ST:
LETICIA BRYSCH, City CYerk
APPROVED AS TO FORM:
*GAC=I—ORAMIREZ, SR., Ci ttorney.
RAKnren\Files\City Council\0rdinances\2018\May 10%elfStorageOrdinance.dom
of the City of