Ordinance No. 1,063ORDINANCE NO. IOF3
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS,
BY THE ADDITION THERETO OF ARTICLE V, TOWNHOUSE SUBDIVISIONS",
SO AS TO PROVIDE PROVISIONS FOR THE SUBDIVISION OF LAND FOR
TOWNHOUSE PURPOSES; CONTAINING DEFINITIONS; PROVIDING STANDARDS
FOR STREETS, BUILDING SETBACK LINES AND LOT SIZES; PROVIDING
FOR SCREENING WALLS; CONTAINING CERTAIN EXCEPTIONS; CONTAINING
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT EXCEEDING TWO
HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 27, Subdivisions,
by the addition of a new Article V, "Townhouse Subdivisions ", which shall
read as follows, to -wit:
ARTICLE V. TOWNHOUSE SUBDIVISIONS
Section 27 -58. Definitions
a. Townhouse. The terms "townhouse" and "row house" shall be
used interchangeably and shall mean a structure which is one of
a series of dwelling units designed for single - family occupancy,
which dwelling units are structurally connected or immediately
adjacent to each other without side yards between individual
dwelling units.
b. Townhouse Subdivision. The term "townhouse subdivision"
shall apply to those developments in which it is proposed to
partition land into individual lots and construct townhouses
which may be individually owned and where the minimum lot sizes
are to be less than those required under Section 27 -36 of this
Chapter.
c. Interior Street. The term "interior street" shall apply to
public streets not more than 600 feet long within a "townhouse
subdivision" which street is located and designed to serve a
limited area within such subdivision and shall not serve other
properties outside the subdivision.
d. Access Street. The term "access street" shall apply to those
public streets within or bounding a "townhouse subdivision" which
serve a townhouse subdivision and other adjacent property.
e. Open Space. The term "open space" shall apply to private
property under common ownership designated for recreation area,
private park (for use of property owners within the subdivision)
play lot area, plaza area, building setbacks (other than those
normally required), and ornamental areas open to general view
within the subdivision. Open space does not include streets,
alleys, utility easements, and required building setbacks.
f. Parcel. That tract of land proposed to be developed and owned
in fee by the developer.
Section 27 -59. Townhouse Subdivision Requirements
Any person proposing or intending to develop a townhouse sub-
division within the City or its extraterritorial jurisdiction shall, before any
building permit is issued, cause a plat of such townhouse subdivision
to be approved by the Planning & Zoning Commission, which plat shall
be in conformance with all of the provisions of Articles I through IV
of this Chapter 27, except to the extent that such provisions are inconsistent
with the following requirements, which shall control with regard to townhouse
subdivisions:
(a) Streets
(1) Interior streets shall have a minimum right -of -way
width of 50 feet and shall be developed with a minimum
31 -foot paving section with concrete curbs and gutters
in accordance with standards set forth in Appendix B of
this Code of Ordinances.
(2) Access streets shall have a minimum right -of -way
width of 60 feet and shall be developed with a minimum
41foot paving section with concrete curbs and gutters
in accordance with such standards.
(3) All "townhouse subdivisions" shall have a direct
access from at least one dedicated and accessible public
street having a right -of -way width of not less than
fifty (50) feet.
(4) Alleys, where provided, shall have a minimum right -
of -way of 20 feet where all utilities are below ground
and 25 feet otherwise, and shall be developed with a
concrete pavement in accordance with such standards.
(b) Building Setback Lines.
(1) Building setback lines of 20 feet shall be re-
quired on all lots fronting or backing on an access street.
(2) Building setback lines of TO feet shall be required
on all lots siding on access streets or upon a plat boundary.
(3) No building lines shall be required on the sides of
lots abutting interior streets, except where traffic safety
or other factors necessitate the establishment of such setback.
(4) Where townhouse lots and dwelling units are designed to
face upon an open or common access court rather than upon a
public street, said open or common court shall be at least
forty (40) feet wide and not more than two hundred (200')
feet long, measured from the public street upon which the
court must open. Said court may not include vehicular drives
or parking area in front of dwelling units.
(c) Lots
(1) Lot area shall be a minimum of 2,500 square feet,
except as provided herein below.
(2) Lot width shall be a minimum of 24 feet, except as
provided herein below.
(3) If side yards are provided along interior lot lines,
the side yard of each abutting lot shall be at least five
(5') feet so that there shall be at least ten (10') feet
between all adjacent buildings without a common wall. Side
yards provided along a lot siding on an access street or
along the boundary of the plat shall be at least ten (10')
feet.
(4) Dwelling units shall be constructed up to interior
side lot lines without side yards and windows shall not
face an interior side lot line without a side yard. Win-
dows may face a side lot line if the side wall of the dwel-
ling unit is at least 10 feet from an exterior side lot
line, or at least 10 feet from an adjacent building across
an interior lot line.
(5) Lot size may be reduced
space, as defined herein, is
following schedule:
under the provision that open
dedicated according to the
For every 100 square feet of open space per lot provided,
the minimum lot area may be reduced by 200 square feet and
the width of the lot may be reduced as shown below. No lot
shall, however, have a lot area of less than 2000 square feet
or a width of less than 20 feet.
Open
space
provided
Minimum
Minimum
Per
Dwelling
Unit Lot
Lot
Area
Lot Width
0
square
feet
2,500
square
feet
24 feet
100
square
feet
2,300
square
feet
23 feet
200
square
feet
2,100
square
feet
21 feet
250
square
feet
2,000
square
feet
20 feet
Open space must be provided in increments as shown above, and
credit will not be allowed on a proportionate basis. The dedi-
cation, location, and use of open space shall in all cases be
subject to the approval of the Planning & Zoning Commission.
(d) Density Standard
The maximum density shall not exceed eight (8) dwelling units
per parcel acre except that:
(a) Credit may be given for up to one -half of any abutting
permanent open space in computing the developer's parcel
acreage. Examples of "permanent open space" would be an
existing public park or flood control drainage easement.
Land in private ownership or in public street right -of -way
does not constitute "permanent open space ". The determi-
nation of "permanent open space" eligibility shall rest
with the Planning & Zoning Commission.
(b) Consideration may be given for townhouse subdivisions
proposed in areas which are primarily commercial in nature or
areas which are primarily devoted to multi - family dwelling
projects at the time the plat is submitted, and where the town-
house subdivision has direct access to a major thoroughfare
capable of handling the increased traffic volume generated.
In general, property with direct access to and within 300
feet of a designated major thoroughfare shall qualify as a
commercial area, as well as other areas that the Planning &
Zoning Commission determine to be primarily commercial in
nature. The determination of whether an area is "primarily
commercial" or "primarily multi - family" shall rest solely
with the Planning & Zoning Commission.
(c) The provisions of sub - paragraphs (a), (b), (c) and (e)
of this Section shall apply to all townhouse subdivisions
regardless of the density approved by the Planning & Zoning
Comission.
(e) Screening Walls
Where townhouse lots are backing or siding upon an existing
public street, a 2- foot -wide private easement shall be provided
abutting the street and a masonry wall not less than six (b')
feet high shall be constructed upon the easement to provide
a visual screen.
Section 2: Savings Clause: If any provision, section, excep-
tion, 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 3: Penalty Clause: Any person who violates any pro-
vision or provisions of this ordinance shall be punished by a fine of
not more than Two Hundred ($200.00) Dollars, and each violation shall
constitute a separate offense.
Section 4: Effective Date: This ordinance shall take
effect from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this 7th day of January 1971.
C. GLEN WALKER, Mayor`
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City Att ey
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