Ordinance No. 5,1628208 -3
ORDINANCE NO. 5162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 7, "BUILDINGS," OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 7- 30(a), "WHERE
REQUIRED "; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 7, "Buildings," Section 7- 30(a), of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
to read as follows:
Sec. 7- 30(a). 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, which extends downward to within three
(3) inches of the ground, and which shall test plumb
and square throughout its length at all times:
(1) Between such new building or buildings and an
existing one (1) or two (2) living until
structure occupied, or capable of being
occupied, on the date the building permit is
south; or
(2) Between such new building or buildings and
existing 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 non - residential
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.
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repealed; provided however, that such repeal shall be only to the
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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 provisions, 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 4: This ordinance shall take effect immediately
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 8th day of
December, 1988.
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN aP. HALL, City Clerk
NDALL B. STRONG, Cit Attorney
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