Ordinance No. 13,764ORDINANCE NO. 13,764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE I "IN GENERAL" DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.29 "VARIANCE PROCESS"; ARTICLE III
"DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-
RESIDENTIAL ZONES," SECTION 3.10 "APPLICABILITY"; AND ARTICLE
IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO ADD REGULATIONS PERTAINING TO MASONRY REQUIREMENTS,
A VARIANCE PROCESS FOR MASONRY REDUCTIONS, AND A
DEFINITION OF "FAQADE"; 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 I "In
General' Division 3 "Administration and Procedures," Section 1.29 "Variance process" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. IN GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.29. Variance process.
(a) Purpose and intent. The purpose of a variance process is to consider and approve
deviations from the property development and masonry standards for the applicable
district where development is proposed that would not be contrary to the public interest
and, due to special conditions, a literal enforcement of this chapter would result in
unnecessary hardship and if granted the spirit of this chapter is observed and substantial
justice done. A variance is not applicable to a use or an operational performance standard.
(b) Types of variances:
(1) Variance by board of adjustment. The board of adjustment and the director may
grant a variance from the property development and masonry standards of zoning,
for a property if the variance satisfies criteria identified in subsection (c) of this
section.
(2) Variance by director. The director may consider and grant a variance of up to ten
percent of the property development requirement when the applicant demonstrates
that the variance request will meet all the criteria below:
a. Ensures the same general level of land use compatibility as the otherwise
applicable standards;
b. Does not adversely affect adjacent land uses and the physical character of
uses in the neighborhood in which the exception is sought because of
inadequate buffering, screening, setbacks and other land use
considerations;
C. Does not adversely affect property values of adjacent properties in any
material way and will improve the property value of the property for
which the exception is sought. (Did the applicant demonstrate that the
structure has historically provided a facility in the neighborhood or
otherwise improves the overall neighborhood);
d. Furthers the goals and vision of the city as set forth in the comprehensive
plan, the vision statement, and an applicable neighborhood plan or
redevelopment plan adopted by the city council; and
e. Is generally consistent with the purposes and intent of this ULDC.
(c) Variance criteria. The board of adjustment may grant a variance when the applicant
demonstrates that the variance request will meet all the criteria below:
(1) Ensures the same general level of land use compatibility as the otherwise
applicable standards;
(2) Is not a hardship of the applicant's own making;
(3) Does not adversely affect adjacent land uses and the physical character of uses in
the neighborhood in which the exception is sought because of inadequate
buffering, screening, setbacks and other land use considerations;
(4) Does not adversely affect property values of adjacent properties in any material
way and will improve the property value of the property for which the exception
is sought. (Did the applicant demonstrate that the structure has historically
provided a facility in the neighborhood or otherwise improves the overall
neighborhood);
(5) Furthers the goals and vision of the city as set forth in the comprehensive plan, the
vision statement, and an applicable neighborhood plan or redevelopment plan
adopted by the city council;
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(6) Is generally consistent with the purposes and intent of this ULDC;
(7) Is needed as special circumstances exist that are peculiar to the land or structure
that are not applicable to other land or structures in the same district and are not
merely financial;
(8) Is necessary as literal interpretation and enforcement of the terms and provisions
of the dimensional standards would deprive the applicant of rights commonly
enjoyed by landowners in the same district and would cause an unnecessary and
undue hardship;
(9) Is the minimum action that will make possible the use of the land or structure
which is not contrary to the public interest and which would carry out the spirit of
this ULDC and would result in substantial justice; and
(10) Will bring the existing and proposed structure closer into compliance with the
zoning regulations of this ULDC, or will otherwise improve or enhance public
health, safety or welfare.
(d) Variance application standards. A complete application for a variance shall be submitted
by a qualified applicant to the director on a form prescribed by the director, along with a
nonrefundable fee to defray the actual cost of processing the application. No application
shall be processed until the established fee has been paid and the application has been
determined complete by the director.
(e) Action by director. The director may approve, approve with conditions or disapprove the
application for a variance permit, pursuant to the criteria of this section.
Section 2: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 3 "Non -Residential Zones," Section 3.10 "Applicability"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE III. DESIGN 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.
(a) Masonry.
(1) All building facades other than accessory use buildings less than 500 square
feet, shall have all exterior walls constructed using masonry materials in
accordance with the minimum masonry materials coverage percentage
shown in table 3-2, exclusive of doors and windows, according to the
zoning district in which the building is located and street on which the
building faces.
(2) Rear facades facing a public street or parking lot shall be considered a side
facade and shall be subject to the side facade standard applicable to that
zoning district and street classification as shown in table 3-2.
Table 3-2. Non-residential minimum masonry materials coverage percentage (%)
1 j Front Side Rear Front Side Rear
i {
LC- 80 50 0* 60 20 0*
I
GC - 80 50 0* 60 20 0*
NSC - 80 50 0* 60 40 0*
MU No Masonry Standard
LI 0-10K i 75 50 0* 60 50 0*
l
SOK-100K 60 50 0* 60 50 0*
100K and 50 50 0* Std 50 0*
UP
a
HI No Masonry Standard
4
(b) Architectural. The following standards apply only to all building facades that face
a street or public right-of-way and to each whole story that is completely or
partially within 40 feet in height as measured from the finished floor elevation:
(1) Articulation and relief.
a. Buildings over 40 feet in length shall have some sort of building
relief of at least 12 inches which may include pilasters, columns,
niches, or other variations in building plane.
b. Buildings over 25 feet in height shall utilize ledges, brick or stone
courses, or other variations in building plane in order to delineate
each story.
(2) Style elements. Style elements affect the building(s) entrance treatment
and hierarchy, provide for architectural embellishment, or enhance the
transition from public property to private property.
a. Buildings facing any street or public right-of-way, except public
alleys, shall be required to utilize two different style elements.
b. Acceptable style elements include, but are not limited to, recessed
entries, stoops, storefront bay windows, public/private entrance
differentiation, permanent decorative awnings, canopies,
overhangs, porches, arcades, balconies, outdoor patios, public art
displays, and plaza space.
(c) Site design.
(1) Sidewalks in conformance with chapters 18 and 122 of the Code of
Ordinances shall be installed from property line to property line at the
expense of the property owner in all adjacent rights-of-way prior to the
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issuance of a certificate of occupancy or completion for a new commercial
building.
(2) A connection from the primary building entrance to the public sidewalk
system shall be provided using an all-weather surface.
(3) Detention facilities shall be setback at least 30 feet from all public rights-
of-way and shall be screened from view from public streets. Detention
facilities may encroach into the required 30 -foot setback if they are
designed and maintained as a landscaped feature. Detention facilities must
be separated from all adjacent uses by an opaque screen.
(4) 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 N 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 or (ii) one foot
taller than the waste container; provided that the maximum height
shall not exceed ten feet in height.
(d) Landscape. The standards for landscaping are set forth in chapter 18 of the Code
of Ordinances.
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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 "fagade," which
definition shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE IV. DEFINITIONS
FaVade means that portion of any exterior elevation on the building extending from grade
to top of the parapet, wall or eaves and the entire width of the building elevation.
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 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 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. 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
City of Baytown, this the 10th day of May, 2018.
ATT ST:
L TICIA BRYSCH, City lerk
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vote of the City Council of the
DONCARLOS,
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APPROVED AS TO FORM:
•.IGNACIO RAMIREZ, SR., Cit A omey
RAKarciffiless-City Council\Ordinances\2018\May 10\MasonryOrdinance.docx