Ordinance No. 4,104Published in: THE BAYTOWN SUN
Wednesday, Apri 3, 1985 50328 -1
Thursday, April 4, 1985
ORDINANCE NO. 4104
AN ORDINANCE_ AMENDING CHAPTER 7, "BUILDINGS," ARTICLE
III- BUFFER FENCING, BY REQUIRING BUFFER FENCES UPON A
CHANGE IN USE OF PROPERTY; REPEALING CONFLICTING
ORDINANCES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY OF $200.00; AND PROVIDING FOR THE PUBLICATION AND
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 is hereby
amended by the amendment of Chapter 7, "Buildings" Section 7 -30, which shall read
as follows:
Sec. 7 -30. Where required.
a) Any person desiring a building permit for the construction of a
building or buildings to be used for any purpose other than as one (1)
or two (2) living units, or desiring to change the use of any building,
shall erect a permanent, opaque fence at least six (6) feet in height
above natural ground as a buffer separation:
(1) Between such new building or buildings and an existing one
(1) or two (2) living_ unit structure occupied, or capable of being
occupied, on the date the building permit is sought; or
(2) Between such new buildinq or buildings and existinq vacant
property which is subject to valid and current one or two family
residential deed restrictions.
A buffer fence need not be constructed if a permanent opaque
fence at least six (6) feet in height above natural ground is already
existing between the new building to be constructed and the adjacent
residential structure. If such existing fence is thereafter destroyed or
removed, the owner of the nonresidential property shall rebuild or
restore such fence. It shall be unlawful to fail to comply with this
article, and a building permit which fails to list required fencing shall
be voidable at the election of the city.
b) For the purposes of this section, a change of use is defined as
when residential property is converted to commercial use, or upon any
change of ownership or occupancy of property devoted to commercial
purposes.
Section 2: 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of this ordinance are hereby repealed, provided however, that such repeal shall be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 ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3: 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
50328 -1a
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 4: Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than Two Hundred and No /100 W00.00) Dollars.
Section 5: 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 the
passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 28th day of March, 1985.
al
ALLEN CANNON, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
L-RA—NDALL B. STRUNG, ty Attorney