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Ordinance No. 6,149a Published In: THE BAYTOWN SUN 920213 -3 Thursday, February 20,1992 Friday, February 21, 1992 ORDINANCE NO. 6149 AN ORDINANCE AMENDING CHAPTER 27, "SUBDIVISIONS ", ARTICLE III "OTHER DEVELOPMENTS ", SECTION 27 -34, "COMMERCIAL DEVELOPMENTS ", SUBSECTION (C) "REQUIREMENTS ", AND ARTICLE VI "MISCELLANEOUS ", SECTION 27 -62,- "VARIANCES FOR THIS CHAPTER ", SUBSECTION (C) , OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY OF NOT LESS THAN FIFTY AND N01100 ($50.00) DOLLARS AND NOT MORE THAN FIVE HUNDRED AND N01100 ($500.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 27, "Subdivisions ", Article III "Other Developments ", Section 27 -34, "Commercial Developments ", Subsection (c) "Requirements" of the Code of Ordinances, City of Baytown, Texas, is hereby amended as follows: Delete Section 27- 34(c)(1) through 27- 34(c)(8) and insert in lieu thereof the following: Sec. 27- 34(c). Requirements. (1) All points on all structures shall be located within a 300 foot radius of and be accessible from, a dedicated, accessible, and improved public street, or within a 200 foot radius of a dedicated, accessible and improved fire lane easement; except that in the case of structures with approved fire suppression systems or where other circumstances are present which, in the opinion of the Fire Official substantially lessen the fire hazard associated with the structure, then the Fire Official may approve other access requirements which satisfy fire fighting requirements. (2) No dwelling shall be located more than three hundred feet from a functioning fire hydrant. (3) Fire lane easements shall have at least the following minimum width and vertical clearances as specified in the Fire Code (Section 602.6), unless the Fire Official requires an increase as authorized by Section 602.6.4 of the Fire Code: (a) Unobstructed width of no less than 20 feet; • (b) Unobstructed vertical clearance of no less than 13 feet and 6 inches. 920213 -3a • (4) Fire lane easements shall receive primary access from a dedicated and improved public street of not less than 50 feet of right -of -way. (5) Fire lane easements which curve, turn, or change directions shall meet the following standards: (a) all curves, turns, or changes in directions shall have a minimum center line curve radius of 35 feet; (b) all reverse curves shall have a minimum tangent length of 50 feet between points of curve. (6) Dead -end fire lane easements shall be terminated with an unobstructed paved vehicular turn - around which may be any of the following designs: (a) a cul -de -sac with a minimum radius of 40 feet; or (b) a "T" turn - around with a minimum length of 60 feet from end to end and a minimum width of 14 feet from edge to edge; or (c) a "L" turn- around with a minimum length of 60 feet from end to end and -a minimum width of 14 feet from edge to edge; or (d) alternative designs which effectively serve the turn- around needs of fire equipment as approved by the Fire Official. (7) Fire lanes and access to buildings shall comply with the specifications of the Standard Fire Prevention Code dealing with access to buildings by fire apparatus. (8) Dead -end fire lane easements in excess of 300 feet in length must be approved by the Fire Official. Section 2: That Chapter 27, "Subdivisions ", Article VI "Miscellaneous ", Section 27 -62, "Variances for this Chapter ", subsection (c), of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: (c) No variance shall be granted pursuant to this section as to required improvements, minimum lot sizes, flood hazard area regulations, bond requirements or utilization; provided, however that a variance may be granted for drainage improvements in subdivision located wholly outside the corporate city limits by the commission. (i) Nothing herein is to be construed as prohibiting either the Planning Commission or City Council from granting a variance from the design elements of required improvements. "Design elements" refers to the minimum and maximum criteria set forth in this Chapter - 2 - • 920213 -3b for designing the length, width, and /or configuration of required improvements, such as maximum length of dead -end roadways or easements, minimum radius of curves, minimum width of right -of -ways, etc. Section 3: 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 4: 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 5: Any person who shall violate any provision or provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Fifty and No /100 ($50.00) Dollars and not more than Five Hundred and No /100 ($500.00) Dollars for each violation. Each day in which any violation shall occur or continue shall constitute a separate offense. Section 6: 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 passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13th day of February, 1992. EMMETT O. HUTTO, Mayor - 3 - • ATTEST: EILEEN F. L, City Clerk ACIO RAMIREZ, SR.,Uity Attorney C:1:84:3 0 - 4 - 920213 -3c W70