Ordinance No. 1,554ORDINANCE NO.1554
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS,BY THE AMENDMENT OF CHAPTER 27,"SUBDIVISIONS,"BY THE AMEND
MENT OF SECTION 27-2,DEFINITIONS,BY THE ADDITION OF A NEWDEFINITION,
OUTDOOR LIVING AREA;AND BY THE ADDITION OF A NEW ARTICLE VIII,PLANNED
UNIT DEVELOPMENTS;REPEALING ORDINANCES INCONSISTENT HEREWITH;CONTAINING
A SAVINGS CLAUSE;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OFTHE 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 amending Section 27-2,
Definitions,by the addition of a new definition Outdoor Living Area which shall
read as follows,to-wit:
Section 27-2.Definitions.
(k)Outdoor Living Area.Common outdoor area designed to provide a
more pleasant and healthful environment for the occupants of a dwelling
unitand the neighborhood in which such dwelling unit is located.It
includes natural ground areas,patios,terraces,or similar areas de
veloped for active or passive recreational activities.No more than ten
percent (10%)ofOutdoor Living Area may be utilized for streets,alleys,
driveways,or any area designed for the operation or storage of motor
vehicles or trailers.
Section 2:That the Codeof Ordinances of the City of Baytown,Texas,is
hereby amended byamending Chapter 27,"Subdivisions,"by the addition of a new
Article VIII,Planned Unit Developments,which shall read as follows to-wit:
ARTICLE VIII.PLANNED UNIT DEVELOPMENTS
Section 27-81.Planned Unit Developments.
(a)The purpose of this section is to encourage the appropriate
development of tracts of land of sufficient size to allow compre
hensive planning and to provide flexibility in the application of
certain regulations in a manner consistent with the general provi
sions of the city regulations.
(b)Approval of,and eligibility for the applicaton of this
section shall be determined by the Planning Commission.Generally,
the site shall include not less than four acres of contiguous land,
unless the Planning Commission finds that the propertyof less than
four acres is suitable by virtue of its unique historical character,
topography,or other natural features,orby virtue of its qualifying
as an isolated problem area.
(c)The minimum lot area,width,frontage,and yard requirements
for single family residenceotherwise applying shall not dictate the
strict guidelines for development of the Planned Unit Development.
Minimum lot area,in this case,may be reduced only by the provision
of Outdoor Living Area,suchthat the total Outdoor Living Area,when
added to the area in single lots,is equal to or greater than the
total areaof a like number of standard lots.
(d)Whenever Outdoor Living Area is provided,the Planning Commission
shall requirethat an association ofowners be created,which shall adopt
such articlesof incorporation and by-laws andimpose such declaration of
covenants and restrictions on such Outdoor Living Areas that are acceptable
to the Planning Commission.Said association shall be formed for thepur
pose of maintaining such common area.Such an association,if required,
may undertake other functions.It shall be created in such manner that
owners of property shall automatically be members and shall be subject to
assessments levied to maintain said common area for the purposes intended.
Section 3:Repealing Clause:All ordinances or parts of ordinances incon
sistent with the terms of this ordinances are hereby repealed;provided,however,
thatsuch repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered bythis ordinance.
Section 4:Savings Clause:If any provision,section,exception,sub
section,paragraph,sentence,clauseorphrase of this ordinance or the application
of same to any person or set of circumstances,shall for any reason be held un
constitutional,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 de
clared to be severable.
Section 5: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 ofBaytown,this the ?nth day of Fphmary ,1974.
A ..■■
ALLEN CANNON,Mayor Pro Tern
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
ty Attorney
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