Ordinance No. 13,947ORDINANCE NO. 13,947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING
DISTRICTS" TO ADD A NEW SUBSECTION TO SECTION 2.06 "SPECIAL
PURPOSE ZONING DISTRICTS" TO BE NUMBERED AND ENTITLED
SUBSECTION (D) "OVERLAY DISTRICT," AND TO ADD A NEW
SECTION TO BE NUMBERED AND ENTITLED SECTION 2.087
"OVERLAY DISTRICT," TO ENABLE THE CREATION OF OVERLAY
DISTRICTS IN THE CITY OF BAYTOWN; 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 2 "Zoning Districts," Section 2.06 "Special purpose zoning districts" of the
Code of Ordinances, Baytown, Texas, is hereby amended by adding a new subsection to be
numbered and entitled Subsection (d) "Overlay district," which shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.06 Special purpose zoning districts.
(d) Overlay district. This district is intended to allow for the application of
specific regulations to a distinct geographic area, which warrants special
consideration due to unique characteristics of the area, the public benefit
of the development, or practical difficulties resulting from the historical
development pattern.
Section 2: That Appendix A "Unified Land Development Code," Article II "Use
Districts" Division 2 "Zoning Districts" of the Code of Ordinances, Baytown, Texas, is hereby
amended by adding a new section to be numbered and entitled Section 2.087 "Overlay district,"
which shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.087. Overlay district.
(a) Purpose. A zoning overlay district is a district designed to supplement
the primary underlying zoning district classification. Overlay district
regulations shall be established upon the creation of an overlay district and
may be subsequently amended. The regulations of the underlying primary
zoning district shall apply except to the extent modified by the regulations
of the overlay zoning district. If there are conflicts with the provisions of
the overlay district created under this section and other provisions of this
code, the overlay district regulations shall control.
(b) Authority. The city council may designate overlay districts and define,
amend, and delineate the boundaries thereof in accordance with this section
if the proposed overlay district project would result in a greater benefit to
the city than would development under the base zoning district
regulations. In designating an overlay district, the city council may impose
such other conditions as are deemed necessary to accomplish the purposes
of this code and the city's comprehensive plan. The boundaries of any
overlay district established shall be shown on the official zoning district
map.
(c) Application.
(1) In General. A complete application concerning an overlay district
shall be subject to and must satisfy all applicable provisions of
section 1.26 and this section. Application for overlay districts may
only be made by the mayor, the city council, a member of the city
council, or the city manager.
(2) Overlay development plan. The application must also include an
overlay development plan of the development, an approved
version of which will be incorporated into any ordinance
establishing the requested overlay district. The plan shall control
development within an overlay district to the extent specified in
the ordinance creating the overlay district. The overlay
development plan must include, at a minimum, the following:
a. an area map showing the boundary of the proposed overlay;
b. a comparison of the proposed development with the
standards of underlying zoning district and a statement by
the applicant describing how the proposed development
provides greater benefits to the city than would a
development carried out in accordance with otherwise
applicable zoning and development regulations;
C. identification of site planning features designed to ensure
compatibility between on-site residential and nonresidential
uses, and with the surrounding neighborhood and land uses;
d. a statement of how the proposed development is consistent
with the city's comprehensive plan; and
e. information relating to the transition between and buffering
of different uses.
(d) Process. The review and consideration of an overlay district shall be
processed in accordance with section 1.26 of this ULDC referencing the
rezoning criteria only.
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. 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 provision, 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 affirmative voteoEhe City Council of the
City of Baytown, this the 19th day of November, 2018. ; r
ONCARLOS, Mayor
A EST:
LETICIA BRYSCH,
NACIO RAMIREZ, SR., CyAttorney
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