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Ordinance No. 1,300ORDINANCE NO. 1300 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 275 "SUBDIVISIONS ", BY THE AMEND- MENT OF SECTION 27 -2, DEFINITIONS, BY THE ADDITION OF A NEW SECTION 27 -2 IN ORDER TO NUMBER THE CLASSIFICATIONS FOR REFERENCE PURPOSES AND IN ORDER TO ADD NEW DEFINITIONS; AND TO ADD A NEW SECTION 27 -23, "LOT CONSOLIDATION AND LOT LINE ADJUSTMENT; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; 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 Ordinance of the City of Baytown, Texas, is hereby amended by adding to Chapter 27, "Subdivisions ", a new Section 27 -2, Defini- tions, which shall read as follows, to -wit: Section 27 -2. Definitions. (a) City or the City. The City of Baytown or the extraterritorial limits of the City of Baytown. (b) Subdivision. The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership, and shall include re- subdivision. (c) Re-- subdivision. The division or alteration of a tract or parcel of an existing subdivision, excepting lot consolidation and lot line adjust- ment. (d) Plat. A map or chart of the subdivision. It shall include plan, plat or replat, in both singular and plural. (e) Commission. The city planning commission. (f) Major streets or thoroughfares. All streets so indicated on the thoroughfare plan, same being on file with the city planning commission and the city engineer. (g) Secondary or collector streets. Those streets so indicated on the thoroughfare plan, same being on file with the city planning commission and the city engineer. (h) Minor or residential streets. All other streets not otherwise in- dicated. (i) Lot consolidation. The incorporation of a number of lots into fewer lots, each of a larger size than the original lots. (j) Lot line adjustment. A minor change in lot line location. Section 2: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding to Chapter 27, "Subdivisions ", a new Section 27 -23, Lot Consolidation and Lot Line Adjustment, which shall read as follows, to -wit: Section 27 -23. Lot Consolidation and Lot Line Adjustment. (a) Lot consolidation may be accomplished without replatting, providing the procedure of lot line adjustment is followed. (b) Lot line adjustment regulations. (1) Lot line adjustments may be made without replatting when approved by the Planning Commission, on recommendation of the Planning Director. (2) No more than three (3) lots shall be affected by the proposed lot line adjustments. (3) No such adjustment shall alter any public right -of -way or public easement and no such adjustment shall create any lot smaller than the smallest lot within the recorded subdivision involved. (4) Lot line adjustments shall also be subject to the following: M Concurrence of all owners of property affected by the lot line adjustment. (ii) The proposed adjusted lot line shall be a single, straight line or be parallel to the existing lot line. (iii) The lot line adjustment will be a maximum of ten (10) feet average relocation of the existing lot line. (iv) The lot line adjustment shall not be inconsistent with any provision of recorded subdivision restrictions or covenants. (c) Lot line adjustment procedure. (1) The following shall be submitted to the Planning Director five five (5) days prior to the Planning Commission meeting at which action is sought: (i) Completed application for Lot Line Adjustment form available at the Planning Office, accompanied by filing fee of twenty dollars ($20.00). (ii) Copies of deeds and restrictive covenants to all lots involved. (iii) Scale drawing on legal size paper showing all lots and structures involved, as platted, and as desired. (2) Action of the Planning Commission shall be final and no proposal regarding the same lots shall be considered for a period of six (6) months. -2- Section 3: Repealing Clause: 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 ordi- nances regulating and governing the subject matter covered by this ordinance. Section 4: Savings Clause: 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 S: 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, this the 28th day of November C. GLEN WALKER, Mayor ATTEST: E NA OLIVER, City Clerk APPROVED: NEEL RIC ARDSON, City Attorney -3- , 1972.