Ordinance No. 7,354Published in the Baytown Sun:._.. 950727 -1
Friday, July 28, 1995
Sunday, July 30, 1995 `ORDINANCE NO. 7354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
® TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN BY ADDING CHAPTER 35 "ZONING" TO INCLUDE THE
BAYTOWN NEIGHBORHOOD PROTECTION ORDINANCE; ADOPTING THE
OFFICIAL ZONING MAP; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council on May 23, 1995, appointed the
Growth Management and Development Advisory Commission as the Zoning
Commission ( "Commission ") pursuant to Section 211.007(a) of the
Texas Local Government Code ( "Code "); and
WHEREAS, the Commission on June 6, 1995, established
boundaries for the original zoning districts and appropriate
regulations for each district; and
WHEREAS, the Commission on June 6, 1995, prepared a
preliminary report; and
WHEREAS, the Commission on June 6, 1995, set the time, date
and place for the public hearings concerning the preliminary
report; and
WHEREAS, the Commission held such public hearings on July 10,
1995, after giving the notice as prescribed in Section 211.006(a)
of the Code; and
WHEREAS, the Commission on July 10, 1995, prepared and
submitted a final report regarding the boundaries for the original
zoning districts and the appropriate regulations for each district;
and
WHEREAS, the City Council held a public hearing on July 27,
1995, prior to the enactment of this ordinance, regarding the
zoning regulations and zoning district boundaries contained in the
Referendum Draft of the Neighborhood Protection Ordinance dated
September 22, 1994, the Atlas dated December 28, 1994, and the
final report as submitted by the Commission; and
WHEREAS, the City Council desires to exercise its authority
relating to zoning regulations and zoning district boundaries by
adopting the Official Zoning Map and enacting the Neighborhood
Protection Ordinance; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: All matters and facts set forth in the recitals
above are found to be true, and are approved as the processes and
® procedures which the Council and /or Commission undertook and
completed prior to the adoption of this ordinance.
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Section 2: That the Code of Ordinances of the City of
® Baytown, Texas, is hereby amended by adding all of the text
attached hereto as Exhibit "A," which is commonly referred to as
the Baytown Neighborhood Protection Ordinance as Chapter 35
"Zoning." Such exhibit is incorporated herein -and made a part
hereof by this reference for all intents and purposes.
Section 3: That the City Council of the City of Baytown,
Texas, hereby adopts the Atlas which was approved this day as the
Official Zoning Map of the City of Baytown. A copy of such map is
on file with the City Clerk of the City of Baytown.,and is
incorporated herein and made a part hereof by reference for all
intents and purposes.
Section 4: 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 5: 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 other provisions or
sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 6: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council of the City of
Baytown. 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 27th day of July,
1995.
/& (" a�
PETE C. ALF O, Mayor
ATTEST:
EILEEN P.-HALL, City Clerk
2
0 APPROVED AS TO FORM:
CIO RAMIREZ, SICD, City Attorney
legal /council /ju ly /7- 27- 95authZONING
0
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Neighborhood Protection Ordinance
This neighborhood protection ordinance represents a Baytown -style "zoning" code. It's not a typical
"zoning" code in that it takes a simple and straight - forward approach in accomplishing its primary
objective — protecting the character of residential neighborhoods while respecting the rights of property
owners.
Because the ordinance focuses primarily on ensuring that residential areas are not adversely affected by
new development, much of the development that occurs in Baytown is likely to be unaffected by the
adoption of Baytown -style neighborhood protection regulations. Under the ordinance, most of the city
shall be classified into the MU, Mixed Use district, which permits all types of uses and essentially allows
new development to play by the same rules that applied in the past. Only when nonresidential
development or apartment development occurs next to single - family residential areas will new standards
apply in the MU district. And those new standards shall not be overly restrictive. After all, the intent of the
Baytown -style neighborhood protection ordinance is to offer protection to residents and the substantial
investment they have in their homes, not to discourage development and economic opportunity.
The regulations in this ordinance shall apply only to new development and redevelopment activities, not
to uses that are in existence today. Moreover, many of the standards included in the ordinance - things
like lot size and building setbacks --are existing city requirements.
The Baytown -style approach to neighborhood protection takes land use regulation back to its historical
roots, to a time when the term "zoning" didn't necessarily conjure up images of over - regulation and
bureaucratic red -tape. This ordinance includes uncomplicated and reasonable standards that are easy -
to -use and administer. It won't require new staff or new revenue sources to administer. And unlike some
zoning plans, it doesn't try to second guess the marketplace. It recognizes that real estate investment
and economic development are vital to the health and future of the community.
neighborhood protection ordinance
Baytown
EXHIBIT A
0 Contents
ARTICLE I. GENERAL PROVISIONS ................ ..............................I
A. Title .........................:........................ ..............................I
B. Authority .............................................. ..............................I
C. Applicability ............................................ ..............................I
D. Purpose ............................................... ..............................I
E. Minimum Standards; Conflict with Private Restrictions ............ ............................... I
F. Inconsistent Provisions and Conflict with Other Regulations ........ ............................... 2
G. District Map ............................................ ..............................2
H. Compliance with District Standards .......................... ............................... 2
I. Classification of Annexed Areas ............................. ............................... 2
J. Transitional Provisions .................................... ..............................2
I. Building Permits ................................. ..............................2
2. Subdivision Plats ................................. ..............................2
K. Severability ............................................. ..............................2
ARTICLE II.
DEFINITIONS AND INTERPRETATIONS .. ...............................
3
A.
Rules of Construction ..................................... ..............................3
I. Meanings and Intent .............................. ..............................3
2. Text ....................... ............................... ................3
3. Computation of Time .............................. ..............................3
4. Delegation of Authority ............................ ..............................3
5. Technical and Non - technical Words .................. ...............................
3
6. Public Officials, Bodies and Agencies ................. ...............................
3
7. Mandatory and Discretionary Terms .................. ...............................
3
B. Coniunctions .................................... ..............................3
9. Tense, numbers and gender ....................... ...............................
4
B.
Definitions ........................................... ...............................
4
C.
Interpretation of District Boundaries ........................ ...............................
7
I. District Boundaries Following Property Lines ........... ...............................
7
2. District Boundaries Following Rights -of -Way Lines ....... ...............................
7
3. District Boundaries Not Following Identifiable Features ... ...............................
7
4. Street Abandonments ........................... ...............................
8
5. Uncertainties ................................. ...............................
8
D.
Interpretations of Ordinance Text .......................... ...............................
8
I. Authority .................................... ...............................
8
2. Request for Interpretation ........................ ...............................
8
3. Rendering of Interpretation ....................... ...............................
8
4. Form ........................................ ...............................
8
S. Official Record ................................ ...............................
8
6. Appeal ...................................... ...............................
8
ARTICLE III. DISTRICT REGULATIONS ................ .......................... 9
iA. Districts Established ..................................... ............................... 9
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B. NC, Neighborhood Conservation District ...................... ............................... 9
I.
Purpose ....................................... ..............................9
2.
Permitted Uses .................................. ..............................9
a. Residential Uses ......................... ..............................9
b. Public or Civic Uses ...................... ...............................
9
C. Retail, Service and Office Uses .............. ...............................
9
3.
Accessory Uses .................................. ..............................9
4.
Property Development Standards ..................... .............................10
a. Lot Size ................................ .............................10
(1) Single- Family Detached .......... ...............................
10
(2) Single - Family Attached .........................................
10
(3) Duplex ......................... .............................10
(4) Other ......................... .............................10
b. Front Setback ........................... .............................10
C. Rear Setback ............................ .............................10
(1) Single- Family Detached, Single - Family Attached and Duplex ..............
10
(2) Other ......................... .............................10
d. Interior Side Setback .................... ...............................
10
(1) Single- Family Detached, Single - Family Attached and Duplex ..............
10
(2) Other ............ . ........... .............................10
e. Street Side Setback ..................... ...............................
10
f. Height ................................. .............................10
C. UN, Urban Neighborhood District ............................ .............................II
I.
Purposes ....................................... .............................II
2.
Permitted Uses ................................ ...............................
II
a. Residential Uses ....................... ...............................
II
b. Public and Civic Uses .................... ...............................
11
C. Retail, Service and Office Uses ............. ...............................
11
3.
Accessory Uses ................................ ...............................
II
4.
Property Development Standards ................... ...............................
II
a. Lot Size .............................. ...............................
II
(1) Single - Family Detached .......... ...............................
11
(2) Single - Family Attached .......... ...............................
12
(3) Duplex ......................... .............................11
(4) Multi - Family .................... .............................12
(S) Other ......................... .............................12
b. Front Setback ........................... .............................12
C. Rear Setback ............................ .............................12
(1) Single - Family Detached, Single - family Attached and Duplex ..............
12
(2) Other ......................... .............................12
d. Interior Side Setback .................... ...............................
12
(1) Single- Family Detached and Duplex . ...............................
12
(2) Single- Family Attached .......... ...............................
12
(3) Other ......................... .............................12
®
e. ' Street Side Setback ..................... ...............................
12
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Contents
® f. Height ................................. .............................12
D. MU, Mixed Use District .................................... .............................13
I.
Purpose ....................................... .............................13
2.
Permitted Uses .................................. .............................13
3.
Property Development Standards ................... ...............................
13
E. Use Table
.............................................. .............................13
I.
Permitted By -Right ............................... .............................13
2.
Permitted By -Right with Conditions ................. ...............................
13
3.
Not Permitted ................................... .............................13
4.
C onditions ...................................... .............................13
F. Supplementary
Use Standards ............................... .............................15
I.
Church or Place of Worship ....................... ...............................
15
2.
College of University ............................ ...............................
15
3.
Day Care, Limited and General ..................... ...............................
15
4.
Heavy Industry .................................. .............................15
5.
Home Occupations ................................ .............................15
6.
Nursing Home ................................... .............................16
7.
Parks and Recreation ............................. .............................16
8.
School ......................................... .............................16
9.
Retail, Service and Office Uses ..................... ...............................
16
G. Accessory
Uses and Structures ............................... .............................16
I.
Residential Accessory Uses ........................ ...............................
16
2.
Retail, Commercial and Office Accessory Uses ........... ...............................
17
H. Property Development Standards ............................. .............................17
1.
Property Development Standards Table .............. ...............................
17
2.
Property Development Standards; Measurements and Exemptions ..........................
17
a. Lot Size /Lot Area ....................... ...............................
17
(1) lot Size Reduction for Public Purpose ...............................
17
(2) Utility Facilities ................ ...............................
17
(3) Single - Family Dwelling Exemptions . ...............................
19
b. Setbacks ............................... .............................19
(1) Features Allowed Within Setbacks .. ...............................
19
(2) Setback Averaging ............... .............................20
(3) Reduction of Setback for Public Purpose .................. ............
20
C. Height ................................. .............................20
(1) Exemptions from Height Standards .. ...............................
20
ARTICLE IV. SITE DEVELOPMENT STANDARDS ...... ............................... ZI
A. Compatibility Standards ................................. ............................... 21
I. Purpose ...................................... ............................... 21
2. Applicability .................................. ............................... 21
3. Exemptions ................................... ............................... 21
4. Building Setback and Height Standards .............. ............................... 22
a. Building Setbacks ........................ .............................22
® b. Parking and Driveway Setbacks ............ ............................... 22
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Contents
ARTICLE V. ADMINISTRATION AND PROCEDURES .. ............................... 26
A. Decision- Making Bodies and Officials ........................ ...............................
C. Building Height .......................... .............................22
I. Zoning Commission ............................... .............................26
5.
Buffer and Screening Standards .................... ...............................
22
6.
Additional Site Design Standards ................... ...............................
23
a. Public and Commercial Recreation Uses ...... ...............................
23
2. Mailing ....................................... .............................27
b. Dumpsters and Solid Waste Receptacles ...... ...............................
23
7.
Waiver of Compatibility Standards .................. ...............................
24
B. Operational
Performance Standards ........................ ...............................
24
I.
Purpose ....................................... .............................24
2.
Applicability .................................... .............................24
2. Authority ...................................... .............................27
3.
Exemptions ......................... ......... .............................24
4.
Standards ...................................... .............................24
a. Submission of Application ................ ...............................
28
a. Noise Standards ......................... .............................24
® Department ............................. .............................28
b. Vibration ............................... .............................24
C. Fire and Explosive Hazards ............... ...............................
24
d. Light and Glare .......................... .............................24
e. - Electromagnetic Interference .............. ...............................
25
S.
Nonconforming by Reason of Performance Standards .... ...............................
25
C. Residential
Design Manufactured Housing Standards ............ ...............................
25
I.
Roof .......................................... .............................25
2.
Siding ......................................... .............................25
3.
Transport Equipment .............................. .............................25
4.
Finished Floor Elevation .......................... ...............................
25
5.
Attached Additions ............................... .............................25
6.
Garages ....................................... .............................25
ARTICLE V. ADMINISTRATION AND PROCEDURES .. ............................... 26
A. Decision- Making Bodies and Officials ........................ ...............................
26
I. Zoning Commission ............................... .............................26
2. Board of Adjustment .............................. .............................26
3. Department of Planning and Community Development; Director ...........................
26
B. Notice of Public Hearings .................................. .............................26
I. Publication ..................................... .............................26
2. Mailing ....................................... .............................27
3. Posting ........................................ .............................27
4. Contents of Notice ................................ .............................27
a. Publication and Mailed Notice ............. ...............................
27
b. Signs .................................. .............................27
C. Amendments ............................................ .............................27
I. Purpose ....................................... .............................27
2. Authority ...................................... .............................27
3. Initiation ...................................... .............................27
4. Procedure ...................................... .............................28
a. Submission of Application ................ ...............................
28
b. Review and Recommendation by Director of Planning and Community Development
® Department ............................. .............................28
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Contents
ARTICLE VI. NONCONFORMITIES ................ ............................... 32
A. General ................................................ .............................32
1. Purpose and Scope of Regulations .................................................. 32
2. Authority to Continue ............................. .............................33
a. Continuation of Nonconforming Use ......... ............................... 33
b. Continuation of Noncomplying Structures ..... ............................... 33
3. Ordinary Repair and Maintenance .................. ............................... 33
B. Nonconforming Uses ...................................... .............................33
® I. Abandonment ................................... .............................33
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C. Recommendation by ...................... .............................28
d. Action by City Council ................... ...............................
28
(1) Public Hearing ................... .............................28
(2) Consideration of Text Amendment's Effect ............................
28
(3) Non - Substantive Modification ..... ...............................
28
(4) Substantive Modification; Referendum ..............................
28
(S) Substantive Amendment Criteria ... ...............................
29
(6) Post - Referendum Public Hearing ... ...............................
29
(7) Amendment Criteria ............. ...............................
29
(a) Consistent with Ordinance ...............................
29
(b) Compatible with Surrounding Area .........................
29
(c) Changed Conditions ....... .............................29
(d) Effect on Natural Environment ............................
29
(e) Community Need ......... .............................29
(f) Development Patterns ... ...............................
30
(8) Vote Required for Action ......... ...............................
30
D. Variances
and Special Exceptions ........................... ...............................
30
I.
Purpose ....................................... .............................30
a. Variances .............................. .............................30
b. Special Exceptions ...................... ...............................
30
2.
Authority ...................................... .............................30
3.
Initiation .................... ............... .............................30
4.
Procedure ...................................... .............................30
a. Submission of Application .................... I ..........................
30
b. Review and Recommendation by Director of Planning and Community Development
Department............................. .............................30
C Public Hearing ........................... .............................31
d. Notice of Decision ...................... ...............................
31
S.
Variance and Special Exception Permit Criteria ......... ...............................
31
a. Variance Permits ......................... .............................31
b. Special Exception Permits ................ ...............................
31
6.
C onditions ...................................... .............................32
7.
Effect of Variance Permit or Special Exception Permit .... ...............................
32
a. General ................................ .............................32
b. Time limit .............................. .............................32
ARTICLE VI. NONCONFORMITIES ................ ............................... 32
A. General ................................................ .............................32
1. Purpose and Scope of Regulations .................................................. 32
2. Authority to Continue ............................. .............................33
a. Continuation of Nonconforming Use ......... ............................... 33
b. Continuation of Noncomplying Structures ..... ............................... 33
3. Ordinary Repair and Maintenance .................. ............................... 33
B. Nonconforming Uses ...................................... .............................33
® I. Abandonment ................................... .............................33
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Contents
a. When Abandoned ........................ ...................33
b. Overcoming Presumption of Abandonment ................................... 33
C. Calculation of Period of Abandonment ....... ............................... 33
2. Movement, Alteration and Enlargement .............. ............................... 33
a. Enlargement ............................. .............................33
b. Exterior or Interior Remodeling or Improvements to Structure .................... 34
C. Relocation of Structure .................. ............................... 34
d. Change of Nonconforming Nonresidential Use to Another Nonconforming Use ......... 34
e. Destruction of Structure with Nonconforming Use .............................. 34
C. Noncomplying Structures ................................ ............................... 34
I. Movement, Alteration and Enlargement ............... ..................'............ 34
a. Repair, Maintenance, Alterations and Enlargement ............................. 34
b. Moving ................................ .............................34
C. Damage or Partial Destruction of Noncomplying Structure ....................... 34
D. Nonconforming Accessory Uses and Noncomplying Accessory Structures ............................. 35
E. Determination of Nonconforming Use and Noncomplying Structure Status ........................... 35
ARTICLE VII.
ENFORCEMENT ..................... .............................35
A.
Enforcement Officer ...................................... .............................35
B.
Compliance Required ...................................... .............................35
C.
Remedies and Enforcement Powers ........................... .............................35
I. Withhold Permits ................................ .............................35
2. Stop Work ...................................... .............................3S
3. Injunctive Relief ............................... ...............................
36
4. Abatement ..................................... .............................36
5. Civil Remedies ................................... .............................36
6. Criminal Remedies ................................ .............................36
7. Other Remedies .................................. .............................36
B. Remedies Cumulative .............................. .............................36
D.
Enforcement Procedures ................................... .............................36
I. Notice ......................................... .............................36
2. Board of Adjustment Action; Public Hearing ........... ...............................
36
3. Notice of Decision ................................ .............................36
4. Notice of Criminal Penalty ........................ ...............................
37
E.
Other Enforcement Matters ............................... ...............................
37
I. Other Powers ................................... .............................37
2. Continuation .................................... .............................37
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ARTICLE 1.
• GENERAL PROVISIONS
A. Title. This ordinance shall be known and may be cited as the "'Neighborhood Protection Ordinance
of the City of Baytown " or simply as the "Neighborhood Protection Ordinance."
B. Authority. This Ordinance is adopted pursuant to the powers granted and limitations imposed by
the Constitution and laws of the State of Texas, the Charter of the City of Baytown and other
provisions of Texas statutory and common law that are relevant and appropriate.
C. Applicability. The provisions of this Ordinance shall apply to the development of all land within the
City of Baytown, unless specifically provided otherwise in this Ordinance.
D. Purpose. This Ordinance is adopted for the purpose of promoting the public health, safety and
general welfare of the citizens of the City of Baytown. It is adopted in accordance with, and is
intended to implement, the City's Interim Comprehensive Plan, as adopted in 1992. More
specifically, this Ordinance is intended to do one or more of the following:
Preserve and enhance the integrity, stability and livability of residential neighborhoods;
2. Maintain property values by stabilizing expectations and ensuring predictability in
development;
Prevent or minimize land use incompatibilities and conflicts among different land uses;
Prevent overcrowding of buildings and sites and excessive concentrations of population or
commercial activities;
Encourage commercial revitalization;
6. Preserve and enhance Baytown's natural environment and avoid natural hazards in the
development of the City;
Balance the protection of community and neighborhood resources with the need to promote
economic development and protect individual property rights;
Maintain opportunities for development and redevelopment to respond to changes in the
marketplace, while respecting the character of surrounding areas; and
Establish a process that effectively and fairly applies the regulations and standards of this
Ordinance and respects the rights of property owners and the interests of citizens.
E. Minimum Standards; Conflict with Private Restrictions. The provisions of this Ordinance are the
minimum standards necessary to accomplish its staled purposes. It is not the intent of this
Ordinance to interfere with, abrogate or annul any private easement, covenant, deed restriction or
other agreement between private parties. When the provisions of this Ordinance impose a greater
restriction than imposed by such private agreements, the provisions of this Ordinance shall control.
When private agreements impose a greater restriction than imposed by this Ordinance, such private
®
agreements shall control.
nei hborhood protection ordinance
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Article I: General Provisions
Sec. Lf Inconsistent Provisions
® F. Inconsistent Provisions and Conflict with Other Regulations. In the event that the provisions of this
Ordinance are inconsistent with one another or when the regulations of this Ordinance conflict with
other adopted ordinances or regulations of the City, the more restrictive- provisions shall control,
unless otherwise specifically stated.
•
G., District Map. The boundaries of the districts established by this Ordinance shall be shown on a map
or series of maps entitled "Official District Map," an up -to -date copy of which shall be maintained in
the office of the Director of Planning and Community Development. Original copies of the official
map and all amendments thereto shall be maintained in the City Clerk's office. In case of any
dispute regarding the classification of property subject to this Code, the original map maintained by
the City Clerk shall control.
H. Compliance with District Standards. No building or structure shall be erected, converted, enlarged,
reconstructed or altered for use, nor shall any building, structure or land be used or changed in
such a way that it does not comply with all of the district regulations established by this Ordinance
for the district in which the building or structure or land is located.
Classification of Annexed Areas. Any land which comes under the jurisdiction of the City of Baytown
by reason of its annexation to the City shall be classified into the MU district unless the owner or
majority of owners of the subject property requests another classification, in which case such
property shall be assigned a district classification in accordance with the amendment procedures of
Sec. V.C.
J. Transitional Provisions.
Building Permits. Except as specifically provided, the provisions of this Ordinance shall not
affect any valid building permit issued or any valid building permit application filed prior to
August 7, 1995, provided that construction pursuant to such permit, if and when issued, is
commenced within 12 months of the date of issuance of the permit and diligently pursued to
completion.
2. Subdivision Plats. Except as specifically provided, the provisions of this Ordinance shall not
affect any preliminary plat or final plat approved pursuant to the regulations of Chapter 27 of
the City Code.
K. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions
shall be deemed a separate, distinct and independent provision(s), and such holding shall not affect
the validity of the remaining portions of this Ordinance.
nei hborhood protection ordinance
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ARTICLE 11.
® DEFINITIONS AND INTERPRETATIONS
•
A. Rules of Construction.
Meanings and Intent. All provisions, terms, phrases and expressions contained in this
Ordinance shall be construed in accordance with the Ordinance's stated purposes.
2. Text. In case of any difference of meaning or implication between the text of this Ordinance
and any drawing, figure or illustration, the text shall control.
Computation of Time. The time period within which an act is to be carried out shall be
computed by excluding the first day and including the last day. If the last day is a Saturday,
Sunday or legal holiday, that day shall be excluded. In the computation of time for public
hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing)
shall be excluded. Time - related words shall have the meanings ascribed below:
a. "Day" means a calendar day unless working day is specified;
b. "Week" means seven calendar days;
c. "Month" means a calendar month; and
d. "Year" means a calendar year, unless a fiscal year is indicated.
4. Delegation of Authority. Whenever a provision appears requiring a department head or some
other officer or employee to perform an act or duty, it shall be construed as authorizing that
department head or other officer to delegate responsibility for performing the required act to
other city employees, unless the provision specifies otherwise.
5. Technical and Non - technical Words. Words and phrases shall be construed according to the
common and approved usage of the language, but technical words and phrases that may have
acquired a specific meaning in law shall be construed and understood according to such
meaning.
6. Public Officials, Bodies and Agencies. All public officials, bodies and agencies to which
reference is made are those of the City of Baytown unless otherwise indicated.
7. Mandatory and Discretionary Terms. The word "shall" is always mandatory. The word "may"
is permissive.
8. Conjunctions. Conjunctions. Unless the context clearly indicates the contrary, conjunctions
shall be interpreted as follows:
a. "And" indicates that all items, conditions, provisions or events are connected; and
b. "Or" indicates that one or more of the connected items, conditions, provisions or events
shall apply.
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Article II: Rules of Construction, Definitions and Interpretations
Sec. II.A Rules of Construction
i9. Tense, numbers and gender. Words used in the past or present tense include the future as well
as.the past and present tense, unless the context clearly indicates the contrary. The singular
shall include the plural and the plural shall include the singular, as the- context suggests.
Words of one gender shall apply to persons regardless of gender.
B. Definitions.
For the purposes of interpreting and administering the provisions of this Ordinance, the words
defined in this section shall be given the meanings set forth below. All other words shall be given
their common, ordinary meanings, as the context may reasonably suggest. In case of dispute over
the meaning of a term not defined here or over the application of a definition set forth here, the
Director of Planning and Community Development shall give an interpretation in accordance with
Sec. II.D.
Accessory Use or Accessory Structure means a use or structure that is subordinate to and serves a
principal use or structure; is subordinate in area, extent and purpose to the principal use or
structure served; contributes to the comfort, convenience or necessity of occupants of the principal
use or structure served; and is located on the same lot and in the some district as the principal use.
Arterial street means those streets designated as "arterials " or "future arterials " on the City of
Baytown's Major Thoroughfare Plan.
Church or place of worship means a site or building in which persons regularly assemble for worship
and which is intended primarily for propagating a particular faith or religious belief.
Collector street means those streets designated as "collectors" or "future collectors" on the City of
Baytown's Major Thoroughfare Plan.
College or university means an institution of higher education offering undergraduate or graduate
degrees.
Commission means the Zoning Commission.
Day care center means an establishment providing non - medical care, protection and supervision for
individuals on a regular basis away from their primary residence for less than 24 hours per day. The
term includes nursery schools, preschools and day care centers for adults and children.
Day care, general means a day care center that provides non - medical care, protection and supervision
for seven or more individuals on a regular basis for less than 24 hours a day.
Day care, limited means a day care center that provides non - medical care, protection and supervision
for no more than six individuals on a regular basis for less than 24 hours a day. This definition
includes home -based day care centers, in which the care - giver's home is the site of the day care
center.
Density, Gross means the number of dwelling units for each acre of land and which is calculated by
dividing the total number of dwelling units in a development by the total acreage of the lot or lots on
which the development is located.
• District means use district.
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Article II: Rules of Construction, Definitions and Interpretations
Sec.11.B Definitions
Dwelling unit means a building or portion of a building, other than a mobile home, that is arranged,
occupied onintended to be occupied as living quarters and includes facilities for sleeping, cooking
and sanitation.
Detached single- family dwelling means the use of a lot for one dwelling unit that has no physical
connection to another dwelling unit or building.
Attached single- family dwellingmeans the use of a lot for one dwelling unit that is joined to another
dwelling at one or more points by a party wall or abutting separate wall.
Duplex dwelling means the use of a lot for two dwelling units within a single building.
Multi- family dwelling means the use of a lot for three or more dwelling units within a single
building.
Eating and drinking place means an establishment where the principal business is the sale of food or
beverages in a ready -to- consume state. Typical uses include restaurants, bars, lounges, nightclubs
and other similar uses.
Heavy industry means establishments engaged in the manufacturing of products from extracted or
raw materials or the bulk storage and handling of such products and materials; or a use engaged in
storage or manufacturing processes involving flammable, or explosive materials or storage and
manufacturing processes that involve potentially hazardous materials or materials commonly
recognized as offensive. Uses in this category typically involve a high incidence of truck or rail traffic
and outdoor storage of products, materials, equipment or bulk fuel. Heavy industry includes such
uses as chemical manufacturing or processing, food processing and packaging plants over 10,000
square feet in size, laundry and dry cleaning plants over 10,000 square feet in size; oil or gas wells
and facilities for exploration, production or refining of oil or gas; gas or oil pipeline manufacturing;
tank farms, oil or gas storage; slaughterhouses and animal stockyards; concrete, asphalt and tar
plants; scrap, junk or metal recovery yards, tire storage or recycling yards; stonework and concrete
manufacturing; power generation plants; mining or excavation for commercial purposes; refuse
collection, refuse transfer and recycling facilities that are not fully enclosed; sanitary landfills; and
other similar uses.
Height, Building means the vertical distance between the average finished grade along the front of a
building and: 1) the highest point of the coping of a flat roof; 2) the deck line of a mansard roof; or 3)
the mid -point between the eaves and ridge line of a gable, hip or gambrel roof. (See Sec. III.H.2.c.)
Hospital means an institution that is licensed by the State of Texas or operated by an agency of the
government to provide medical, surgical, psychiatric or emergency medical services to sick or
injured persons, primarily on an in- patient basis. The term "hospital " shall not include "nursing
home.
Local street means those streets not designated as "arterials, " "collectors, " or "freeways" on the City
of Baytown's Major Thoroughfare Plan.
Lot Area means the total horizontal area within the lot lines of a lot. (See Sec. III.H.2.a.)
•
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Article 11: Rules of Construction, Definitions and Interpretations
Sec. 113 Definitions
Library means a publicly operated facility housing a collection of books, magazines, audio and video
tapes or other material for use by the general public.
Light industry means an establishment engaged in the manufacture of finished products or parts,
predominately using previously prepared materials, including processing, fabrication, assembly,
treatment, and packaging of such products, and incidental storage, sales and distribution of such
products.
Major thoroughfare means those streets designated as "freeways" or , "future freeways " on the City of
Baytown's Major Thoroughfare Plan.
Mobile home means a structure, movable in one or more sections, which is built upon a permanent
chassis and is designed to be used as a dwelling unit with or without a permanent foundation. Such
units shall provide all of the accommodations necessary to be considered a "dwelling unit" and
shall be connected to all utilities in conformance with applicable regulations. For purposes of these
regulations, the term "mobile home," when used by itself, shall not include "residential- design
manufactured housing" as defined and regulated in this ordinance.
Noncomplying structure means buildings and structures constructed prior to August 7, 1995, that do not
comply with the setback, height, lot size or other dimensional or property development- related
standards of the district in which such buildings or structures are located.
Nonconforming use means uses that were established prior to August 7, 1995, that do not conform to
the use regulations of the district in which such uses are located.
Nonresidential means any use other than single- family, duplex or multi- family dwelling units.
Nursing Home means an institution that is licensed by the State of Texas to provide in- patient services
for persons needing regular medical attention and bed care services on a 24 -hour basis, but
excluding hospitals.
Office means an establishment providing executive, management, administrative or professional
services, including out - patient medical services.
Park and recreation means a tract of land maintained by the federal, state or local government for the
recreation and enjoyment of the general public.
Qualified applicant means the owner or any person having a contractual interest in property that is the
subject of an application. It shall also mean the authorized agent of the owner or person having a
contractual interest in the property.
Retail means an establishment engaged in the sale or rental of goods, merchandise or services, but
excluding eating and drinking places.
Residential- design manufactured housingmeans a mobile home on a permanent foundation that has
minimum dimensions of 22 body feet in width, a pitched roof, and siding and roofing materials that
are customarily used on site -built homes within the City of Baytown, and which complies with the
design standards of Sec. N.C. Residential- design manufactured housing units shall be considered
single - family dwellings.
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•
Article II: Rules of Construction, Definitions and Interpretations
Sec.II.B Definitions
Residential neighborhood means: (1) land area included in one or more recorded subdivisions where
the predominate land use is or is intended to be single - family residential, or (2) an area with readily
identifiable physical boundaries where the predominate_ land use is single - family residential and
where such residential dwelling units have access to local or collector streets.
Safety services means a facility for conduct of public safety and emergency services, including fire and
police protection services and emergency medical and ambulance services.
School means the use of a site for instructional purposes on an elementary or secondary level,
approved under the regulations of the state.
Screening means walls, fences, vegetation or landscaped earth berms maintained for the purpose of
concealing from view the area behind such fence, vegetation or berms.
Setback means the unobstructed, unoccupied open space between a structure and the property line
of the lot on which the structure is located. (See Sec. IILH.2.b.)
Setback, Front means the required setback extending across the full width of a lot, measured from the
front lot line.
Setback, Interior Side means the required setback extending the full depth of a lot along the side of a
building that is not adjacent to a street or other public right -of -way.
Setback, Rear means the required setback extending across the full width of the lot and measured
from the rear lot line.
Setback, Street Side means the required setback extending the full depth of a lot along the side of a.
building that is adjacent to a street or other public right -of -way.
Utilities, limited means utility facilities that are essential to support development and that involve only
very minor structures, such as poles and lines.
C. Interpretation of District Boundaries. The provisions of this section shall govern interpretations
regarding the location of district boundaries shown on the official map.
District Boundaries Following Property Lines. District boundaries shown as approximately
following property lines shall be construed as following such property lines.
2. District Boundaries Following Rights -of -Way Lines. District boundaries shown as approximately
following right -of -way lines of a street, highway, alley, railroad or other identifiable boundary
shall be construed as following such right -of -way line or identifiable boundary.
3. District Boundaries Not Following Identifiable Features. On unsubdivided land, or in instances
where a district boundary follows no identifiable feature, the location of district boundaries shall
be determined by using the map scale appearing on the official map, unless the district line is
indicated by dimensions printed on the official map, in which case the printed dimensions shall
control.
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Article II: Rules of Construction, Definitions and Interpretations
Sec. II.0 Interpretations of Ioning Ordinance Text
® 4. Street Abandonments, Whenever any street, alley or public way is abandoned or vacated by
official action of the City Council, the districts adjoining each side of such street, alley or public
way shall be automatically extended to the center -line of such abandonment or vacation and all
area included in the abandonment or vacation shall be subject to the regulations of the
extended districts.
L'
5. Uncertainties. Where existing physical or natural features contradict those shown on the official
map, or if case any other uncertainty exists, the location of district boundaries shall be
determined by the Director of Planning and Community Development.
D. Interpretations of Ordinance Text. The following regulations shall govern the rendering of written
interpretations of the provisions of this Ordinance.
Authority. The Director of Planning and Community Development shall have authority to make
all written interpretations concerning the provisions of this Ordinance.
2. Request for Interpretation. A request for interpretation shall be submitted to the Director of
Planning and Community Development in a form established by the Director of Planning and
Community Development and made available to the public.
Rendering of Interpretation. Within ten days after a request for interpretation has been
submitted, the Director of Planning and Community Development shall: (1) review and evaluate
the request in light of the text of this Ordinance, the official map, the Comprehensive Plan and
any other relevant information (2) consult with other staff, as necessary; and (3) render an
opinion.
4. Form. The interpretation shall be provided to the applicant in writing and be sent to the
applicant by mail.
5. Official Record. The Director of Planning and Community Development shall maintain an
official record of interpretations. The record of interpretations shall be available for public
inspection during normal business hours.
6. Appeal, Appeals of written interpretations made by the Director of Planning and Community
Development shall be taken to the Board of Adjustment. In considering such an appeal, the
Board of Adjustment shall consider the interpretation and public testimony in light of the
Comprehensive Plan, this Ordinance and the official map, whichever are applicable. The
Board of Adjustment shall modify or reject the interpretation only if it is not supported by
substantial competent evidence or if the interpretation is contrary to the Comprehensive Plan,
this Ordinance or the official map.
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ARTICLE III.
® DISTRICT REGULATIONS
40
A. Districts Established. In order to implement the Baytown Comprehensive Plan and promote the
purposes of this Ordinance, the following districts are established.
District Name Map Symbol
Neighborhood Conservation NC
Urban Neighborhood UN
Mixed Use MU
districts may be referred to throughout this Ordinance by their map symbol names.
B. NC, Neighborhood Conservation District.
I . Purpose. The purposes of the NC Neighborhood Conservation district are to:
a. preserve and reinforce existing low- density, residential land use patterns and promote
high - quality living environments;
b. ensure the provision of adequate light, air, privacy and open space to serve the needs of
residents; and
c. ensure land use compatibility and protect residential uses from adverse land use impacts
that can occur when high- density residential or nonresidential development is located
near residential uses.
2. Permitted Uses. The following uses shall be permitted by -right in the NC district.
Residential Uses.
Single - family, detached
Single - family, attached
Duplex
b. Public or Civic Uses.
Church or place of worship, subject to the supplementary standards of Sec. III.F.1. (page
15)
Day care, limited, subject to the supplementary standards of Sec. III.F.3. (page 15)
Parks and recreation, subject to the supplementary standards of Sec. III.F.7. (page 15)
Safety services
School, subject to the supplementary standards of Sec. III.F.8. (page 15)
Utilities, limited
c. Retail, Service and Office Uses.
Home occupations, subject to the supplementary standards of Sec. III.F.5. (page 15)
3. Accessory Uses. Accessory uses shall be allowed in accordance with the standards of Sec.
III.G.
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Article III: District Regulations
Sec. 111.8 NC, Neighborhood Conservation District
® 4. Property Development Standards. Each site in the NC district shall be subject to the following
property development standards.
Lot Size.
(1) Single - Family Detached. The minimum lot size for single - family detached dwelling units
shall be 5,400 square feet.
(2) Single - Family Attached. The minimum lot size for single- family attached dwelling units,
where permitted, shall be 3,500 square feet.
(3) Duplex. The minimum lot size for duplex dwellings shall be 6,000 square feet (3,000
square feet per unit).
(4) Other. The minimum lot size for uses other than single - family detached, single - family
attached and duplex dwellings shall be 5,400 square feet.
b. Front Setback. The minimum front setback for all uses in the NC district shall be 15 feet,
provided that lots with frontage on arterial streets or major thoroughfares shall have a
minimum front setback of 35 feet.
c. Rear Setback.
(1) Single - Family Detached, Single - Family Attached and Duplex. The minimum rear setback for single -
family detached, single - family attached and duplex dwellings shall be ten feet.
(2) Other. The minimum rear setback for uses other than single- family detached, single -
family attached and duplex dwellings shall be ten feet, unless the compatibility
standards of Sec. N.A. impose a greater requirement.
d. Interior Side Setback.
(1) Single - Family Detached, Single - Family Attached and Duplex. The minimum interior side setback for
single - family detached and duplex dwelling units shall be five feet. There shall be no
minimum interior side setback for single - family attached dwellings, except that end
units shall maintain a minimum interior side setback of five feet.
(2) Other. The minimum interior side setback for uses other than single - family detached,
single - family attached and duplex dwellings shall be five feet, unless the compatibility
standards of Sec. N.A. impose a greater requirement.
e. Street Side Setback. The minimum street side setback for all uses in the NC district shall
be ten feet, unless the side street is an arterial street or major thoroughfare, in which case
the minimum street side setback shall be 20 feet.
® f. Height. The maximum height for all uses in the NC district shall be 35 feet.
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Article III: District Regulations
Sec- III.0 UN, Urban Neighborhood District
0 C. UN, Urban Neighborhood District.
Purposes. The purposes of the UN Urban Neighborhood district are to:
a. preserve and enhance the viability of older, once predominately residential
neighborhoods, while allowing an appropriate mix of land uses;
b. promote infill development and redevelopment that is compatible with existing neighbor-
hoods;
C. ensure land use compatibility and protect residential uses from adverse impacts; and
d. ensure the provision of adequate light, air, privacy and open space to serve residents.
2. Permitted Uses. The following uses shall be permitted by -right in the UN district.
a. Residential Uses.
Single - family, detached and attached
Duplex
Mobile home
Multi - family
b. Public and Civic Uses.
Church or place of worship, subject to the supplementary standards of Sec. III.F.1. (p. 15)
College or university, subject to the supplementary standards of Sec. III.F.2. (page 15)
Day care, limited, subject to the supplementary standards of Sec. III.F.3. (page 15)
Day care, general, subject to the supplementary standards of Sec. III.F.3. (page 15)
Library
Nursing home, subject to the supplementary standards of Sec. III.F.6. (page 15)
Parks and recreation, subject to the supplementary standards of Sec. III.F.7. (page 15)
Safety services
School, subject to the supplementary standards of Sec. III.F.8. (page 15)
Utilities, limited
c. Retail, Service and Office Uses.
Home occupations, subject to the supplementary standards of Sec. III.F.5. (page 15)
Office, subject to the supplementary standards of Sec. I111.9. (page 15)
Retail, subject to the supplementary standards of Sec. III.F.9. (page 15)
3. Accessory Uses, Accessory uses shall be allowed in accordance with Sec. III.G.
4. Property Development Standards. Each site in the UN district shall be subject to the following
property development standards.
Lot Size.
® (I) Single - Family Detached. The minimum lot size for single - family detached dwelling units
shall be 5,400 square feet.
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0
Article Ill: District Regulations
Sec. HU UN, Urban Neighborhood District
(2) Single - Family Attached. The minimum lot size for single - family attached dwelling units shall
be 2,500 square feet.
(3) Duplex. The minimum lot size for duplex dwellings shall be 6,000 square feet (3,000
square feet per dwelling unit).
(4) Multi- Family. The minimum lot size for multi - family developments shall be established by
multiplying the number of individual dwelling units by 2,000 square feet. In no case
shall a multi - family lot be smaller than 6,000 square feet.
(5) Other. The minimum lot size for uses other than single - family detached, single - family
attached and duplex dwellings, where permitted, shall be 5,000 square feet.
b. Front Setback. The minimum front setback for all uses in the UN district shall be 15 feet,
provided that for lots with frontage on arterial streets or major thoroughfares the minimum
front setback shall be 35 feet.
Rear Setback.
(1) Single - Family Detached, Single - Family Attached and Duplex. The minimum rear setback for single -
family detached, single- family attached and duplex dwellings shall be ten feet.
(2) Other. The minimum rear setback for uses other than single - family detached, single -
family attached and duplex dwellings shall be ten feet, unless the compatibility
standards of Sec. N.A, impose a greater requirement.
d. Interior Side Setback.
(1) Single - Family Detached, Attached and Duplex. The minimum interior side setback for single- family
detached and duplex dwelling units shall be five feet. There shall be no minimum
interior side setback for single - family attached dwellings, except that end units shall
maintain a minimum interior side setback of five feet.
(2) Other. The minimum interior side setback for uses other than single - family detached,
single - family attached and duplex dwellings shall be five feet, unless the compatibility
standards of Sec. N.A. impose a greater requirement.
e. Street Side Setback. The minimum street side setback for all uses in the UN district shall
be ten feet, unless the side street is an arterial street or major thoroughfare, in which case
the minimum street side setback shall be 20 feet.
Height. The maximum height for all uses in the UN district shall be 40 feet, unless the
compatibility standards of Sec. N.A. impose a more restrictive standard.
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Article III: District Regulations
Sec. III.D MU, Mixed Use District
iD. MU, Mixed Use District.
•
Purpose.- The purposes of the MU Mixed Use district are to:
a. accommodate a wide variety of land uses with minimum development standards; and
b. provide development opportunities that will strengthen the City's economic base.
2. Permitted Uses. All land uses shall be permitted by -right in the MU district.
3. Property Development Standards. No district -based property development standards apply
within the MU district, except for single- family attached and detached dwelling units, which
shall comply with the property development standards of the UN district. Development within
the MU district shall comply with all other applicable Ordinance provisions.
E. Use Table.
The Use Table of this section provides a tabular summary of the land use types permitted within
each district. The table is intended for reference only and does not necessarily reflect all of the
regulations that may apply to particular uses or districts. In the event of conflict between the Use
Table and the regulations found within the individual district sections of this Article (Secs. III.B.
through IILD.), the text of the individual district regulations shall control.
Permitted By- Right. Uses identified with a "P" are permitted by -right and shall be permitted in
the corresponding district subject to all other applicable Ordinance standards and City Code
requirements.
2. Permitted By -Right with Conditions. Uses identified with a "P /C" are permitted by- right, but
shall be permitted in the corresponding district only in compliance with the supplementary use
standards referenced in the final column of the table and subject to all other applicable
Ordinance standards and City Code requirements.
3. Not Permitted. Uses not identified in a particular district column of the Use Table as permitted
by -right are not allowed in such district unless otherwise expressly permitted by other
regulations of this Ordinance.
4. Conditions. The final column of the Use Table ( "CONDS ") contains references to
supplementary use standards applicable to a use in one or more districts. The referenced
standards appear in Sec. III.F. (Supplementary use standards).
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•
Amide 111: District Regulatior
Se- 1111 Use Tr
Use 'Fable
Single - family, detached
p
p
p
S' le- family, attached
p
p
p
Duplex
p
p
p
Mobile home
_
p
p
Multi - family - P P
i a:x::: -a.. ra...: -.w. :- 3•l�e<w :.: y. a...._....:...a <a'��..._.:.:..0 r�!.w <...r i. a:.. ae�. ,•..:a:..- ..,:........• .......: .: ..... :: ...
'�fJ��1 f .. ��' a..rin..•e:���:.: a-ea:« - ?ei,4v .•.;5�.::5- ...:.t.t «aw.w.u.e«
c}; I >�uasrPu�bfic:aiul <Cev'ic�TsesM j -"�' .;"""Ya°'`�""'^" -
`~. •'..
Church or place of worship
P/C
.
P/C
.......
P
MKI
CoNege or university
P/C
P/C
P
ELF-2
core center, limited
P/C
P/C
P/C
M.F•3
care center, general
_
p/C
pJC
ffi.F13
Hospital
_
_
p
LibrmY
JJ
I -
P
P
Nursing home
-
P/C
P
M-F.6
Parks and zgcrncrbon
P/C
P/C
P/C
III.F.7
-Scrfety services
P
P
P
School
P/C
P/C
P/C
M•F.8
Utilities, limited
p
P
P
Home Occupatio n
p/C
P/C
P/C
MY.5
Office
-
P/C
P
1II.F'.9
Retail
-
P/C
P
M-E9
�rN:_•fT
Eating and drinking place
_
_
p
-Heavy industry
_
_
pIC
11LF.4
Uses not otherwise classl[zed
_
_'
p
P = Permitted By -Right P/C = Permitted by Right, With Conditions as Noted
ronm
Bclytowri
14
0 F. Supplementary Use Standards.
0
Article III: District Regulations
Sec. 111.1' Supplementary Use Standards
No permit shall be issued for any development or use of land unless the activity is in compliance with
all applicable supplementary use standards specified in this section. Unless otherwise indicated,
the listed standards apply in all districts in which the subject use is permitted.
Church or Place of Worship. Churches and places of worship shall not be allowed in the NC or
UN districts unless direct vehicle access is provided from a collector or arterial street or major
thoroughfare or unless the point of access to the off - street parking area serving the use is
located within 1,500 feet of a collector or arterial street or major thoroughfare, as measured
along the center -line of the street right -of -way leading to the church or place of worship. This
standard shall not apply to churches or places of worship located in the MU district.
2. College of University. Direct vehicle access to college and university facilities shall be
provided from a collector or arterial street or major thoroughfare. This standard shall not apply
in the MU district.
3. Day Care, Limited and General. The following regulations shall apply to day care centers in all
districts.
a. Day care centers shall comply with all applicable state regulations.
b. There shall be no signs or other exterior visible evidence of the conduct of a day care when
it is located in or adjacent to the NC district.
c. All outdoor play areas shall be enclosed by a fence or wall with a minimum height of four
feet.
4. Heavy Industry. No heavy industry use shall be allowed to locate within 100 feet of the right -of-
way of a public street or within 500 feet of the lot line of a lot that is zoned NC or that contains a
single-family, duplex or multi- family use, unless approved as a special exception in accordance
with Sec. V.D.
Home Occupations. The following home occupation standards are intended to permit
residents to engage in home occupations that are compatible with residential land uses and to
ensure that home occupations do not adversely affect the integrity of residential areas. A home
occupation shall be considered an accessory use, subject to the following standards:
a. A home occupation must be conducted within a dwelling which is the bona fide residence
of the principal practitioner;
b. There shall be no signs or other exterior visible evidence of a home occupation;
C. There shall be no visible storage of equipment, materials or vehicles that have more than
two axles;
d. The home occupation shall be conducted entirely within the principal residential building
or within a permitted accessory structure;
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Article III. District Regulations
Sec, 1111 Supplementary Use Standards
e. No equipment shall be used that creates undue noise, vibration, electrical interference,
smoke or particulate matter emission, excessive power demands or odors. Home occupa-
tions.shall.comply.with the operational performance standards of Sec.- IV.B.; and
Persons other than a member of the immediate family occupying such a dwelling may be
employed.
6. Nursing Home. Direct vehicle access to nursing home facilities in the UN district shall be
provided from a collector or arterial street or major thoroughfare.
7. Parks and Recreation. All lights, light poles and outdoor seating areas associated with park
and recreation uses shall be set back at least 100 feet from lots that are zoned NC or that
contain single - family, duplex or multi- family residential uses.
8. School. Lighted outdoor recreational areas and facilities shall be set back at least 100 feet
from lots that are zoned NC or that contain single - family, duplex or multi - family uses.
9. Retail, Service and Office Uses. In the UN district, all retail and office uses shall have direct
access to a collector or arterial street or major thoroughfare unless the use contains no more
than 1,000 square feet of gross floor area, in which case local street access shall be allowed.
G. Accessory Uses and Structures.
Principal uses classified as permitted uses by the district regulations of this article shall be deemed
to include accessory uses and activities that are customarily associated with, and appropriate,
incidental and subordinate to permitted principal uses. Accessory uses and activities shall be
subject to the same regulations as principal uses unless otherwise stated.
Residential Accessory Uses. Residential accessory uses shall include, but not be limited to, the
following accessory uses, activities and structures:
a. Fences and walls;
b. Garages, carports and off- street parking areas;
c. Gates and guard houses;
d. Home occupations, subject to the standards of Sec.
e. Playhouses, patios, cabanas, porches, gazebos and incidental household storage
buildings;
Radio and television receiving antennas and support structures;
g. Recreational facilities for the use of residents;
h. Keeping of domestic animals for non - commercial purposes;
isi. Solar energy systems; and
hborhood protection ordinance
B own I6
nei y- F8 6
Article III: District Regulations
Sec. 111.15 Accessory Uses
® j. Other necessary and customary uses determined by the Director of Planning and
Community Development to be appropriate, incidental and subordinate to the principal
use on the lot.
Is
2. Retail, Commercial and Office Accessory Uses. Retail, commercial and office accessory uses
shall include, but not be limited to, the following accessory uses, activities and structures:
a. Dwelling units for security or maintenance personnel;
b. Fences, walls, gates and guardhouses;
C. Parking garages and off - street parking areas;
d. Radio and television receiving antennas and support structures;
e. Signs, subject to the City's Standard Sign Code (Chapter 3);
f. Solar energy systems; and
g. Other necessary and customary uses determined by the Director of Planning and
Community Development to be appropriate, incidental and subordinate to the principal
use on the lot.
H. Property Development Standards.
Property Development Standards Table. Property Development Standards Table of this section
provides a summary of the development standards that apply within districts. The table is
intended for reference and may not reflect all of the regulations and standards that apply to
particular uses. In the event of conflict between the Table and the standards found within the
individual district sections (Secs. III.$. through III.D.), the text of the individual district regulations
shall control. The measurements and exemptions section (Sec. III.H.2.) provides an explanation
of terms used, as well as a number of exceptions and special rules that apply.
2. Property Development Standards; Measurements and Exemptions.
Lot Size/Lot Area. Lot size or lot area refers to the amount of horizontal land area within
lot lines. No building permit or development approval shall be issued for a lot that does not
meet the minimum lot size requirements of this Ordinance, the following exceptions.
(1) Lot Size Reduction for Public Purpose. When an existing lot is reduced as a result of
conveyance to a federal, state or local government for a public purpose and the re-
maining area is at least 75 percent of the required minimum lot size for the district in
which it is located, then that remaining lot shall be deemed to be in compliance with
the minimum lot size standards of this Ordinance.
(2) Utility Facilities. Utility facilities using land or an unoccupied building requiring less than
1,000 square feet of site area are exempt from the minimum lot size requirements of
all districts,
nei hborhood protection ordinance
B own 17
Article III: District Regulations
Sec. HU Property D"dopmtnc Sundirdti
®
Property Development Standards Table
•
Sin le=Fami 'Detached`Dwepins -
Minimum Lot Area Per Unit (sq ft)
5,400
5,400
5,400
Front/Rear Yard Setbacks (ft)
15 /10
15 /10
15/10
Interior Side Yard Setbacks (ft)
5
5
5
Street Side Yard Setbacks (ft)
10
10
1 10
Maximum Height (ft)
35
40
40
Single- Famil)i Attached Dwellings' :.
Minimum Lot Area Per Unit (sq ft)
. 3,500
2,500
2,500
Front/Rear Yard Setbacks (ft)
15/10
15/10
15/10
Interior Side Yard Setbacks (f0
-
5
5
Street Side Yard Setbacks (1t)
10
10•
10
Maximum Height (ft)
35
40
40
Two-Family Dwellings
Minimum Lot Area Per Unit (sq ft)
3,000
3,000
-
Front/Rear Yard Setbacks (ft)
15/10
15 /10
-
Interior Side Yard Setbacks (ft)
5
5
-
Street Side Yard Setbacks (ft)
10
10
-
Maximum Height (It)
35
40
-
Multi- Family Dwellings
Minimum Lot Area Per Unit (sq ft)
N/A
2,000
-
Front/Rear Yard Setbacks (ft)
NIA
15/10
-
Interior Side Yard Setbacks (ft)
N/A
5
-
Street Side Yard Setbacks (ft)
N/A
10
-
Ma)dmum Height (ft)
N/A
40
-
Nonresidential Uses . .
Minimum Lot Size
5,400
5,000
-
Front/Rear Yard Setbacks (ft)
15/10
15/10
-
Interior Side Yard Setbacks (ft)
5
5
-
Street Side Yard Setbacks (it)
10
10
-
Maximum Height (ft)
35
40
-
iomn
Bcytown
n
(3) Single - Family Dwelling Exemptions. The
minimum lot size requirements of
this Ordinances shall not be
interpreted as prohibiting the
construction of a single - family
residential dwelling unit on a lot
that was legally platted or
recorded prior to the adoption of
this Ordinance.
b. Setbacks. Setbacks refer to the unob-
structed, unoccupied open space be-
tween a structure and the property line
of the lot on which the structure is
located. Setbacks shall be unobstruct-
ed from the ground to the sky and
measured as the horizontal distance
between a property line and the
furthermost projection of the structure,
except as provided otherwise in this
Ordinance.
Article III: District Regulations
Sec. HIM Property Development Standards
Rear tot line
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Front Setbuk
1 IS Fect
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front lotLine
Setbacks
(1) Features Allowed Within Setbacks. The NE District
following features may be located within required setbacks:
(a) Trees, shrubbery or other features of natural growth;
(b) Fences or walls;
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(c) Driveways and sidewalks;
(d) Signs, if permitted by the sign regulations of the City Code;
(e) Bay windows, architectural design embellishments and cantilevered floor areas
of dwellings that do not project more than two feet into the required setback;
(f) Eaves that do not project more than two and one -half feet into the required
setback;
(g) Open outside stairways, entrance hoods, terraces, canopies and balconies that
do not project more than.five feet into a required front or rear setback nor more
than two feet into a required side setback;
(h) Chimneys, flues and ventilating ducts that do not project more than two feet into a
required setback and when placed so as not to obstruct light and ventilation;
• (i) Open, unenclosed porches that do not project more than five feet into a required
setback;
neighborhood protection ordinance
Baytown
19
Article III: District Regulations
Sec. III.H Property Development Standards
(j) Utility lines, wires and associated structures, such as power poles; and
(k) Mechanical equipment, such as air conditioning units, pool filtering and heating
equipment, water softeners and similar equipment, if the equipment does not
restrict access through such setbacks, and if it is totally screened from view from
abutting property and rights -of -way by fences, walls or landscaping.
(2) Setback Averaging. If the existing
front setbacks of lots within
the same block and district
and fronting on the same side
of the street are less than the &.A rx.B
required front setback of the Existing Setback
underlying district, applicants Normally Required Setback
shall be allowed to use the average Setback
"average" front setback on
the block. In such cases, the Setback Averaging
"average setback" shall
represent the mean (average)
setback of all lots on the
same side of the street within the same block, provided that lots that are not
developed with the same type of use that is proposed on the subject property shall not
be included in the calculation. When one or more of the lots on the block are vacant
the normally required setback for the vacant lot shall be used in calculating the
average setback. This provision shall not be interpreted as requiring a greater front
setback than imposed by the underlying district.
(3) Reduction of Setback for Public Purpose. When an existing setback is reduced as a result of
conveyance to a federal, state or local government for a public purpose and the
remaining setback is at least 75 percent of the required minimum setback for the
district in which it is located, then that remaining setback shall be deemed to be in
compliance with the minimum setback standards of this Ordinance.
Height. Height refers to the vertical
distance between the average
finished grade at the base of the build-
ing and: 1) the highest point of the
coping of a mansard or flat roof or 2)
the mid -point between the eaves and
ridge line of a gable, hip or gambrel
roof. In the case of fences or walls,
height shall be measured on the side
with the least vertical exposure above
finished grade to the top of the fence
or wall.
_ n
rule. A-
Hip or Gable Roof Hansard Roof flat Hoof
Measuring Height
(1) Exemptions from Height Standards. The following structures and features shall be exempt from
• the height requirements of this Ordinances to the extent indicated:
neighborhood protection ordinance
BCITOVVM
20
Article III: District Regulations
Sec. III.H Property Development Standards
® (a) Chimneys, smokestacks or flues;
•
(b) Cooling towers and ventilators;
(c) Elevator bulkheads and stairway enclosures;
(d) Utility poles and support structures;
(e) Belfries, spires and church steeples;
(f) Tanks, water towers and silos; and
(g) Monuments and ornamental towers.
ARTICLE IVr.
SITE DEVELOPMENT STANDARDS
A. Compatibility Standards.
N
1. Purpose. The compatibility standards of this section are intended to preserve and protect
low - density residential uses and neighborhoods by ensuring that new development and
redevelopment is compatible with the character of the area in which it is located.
2. Applicability. Compatibility standards shall apply to all multi - family residential and all
nonresidential development when it occurs:
a. within 150 feet of the lot line of any property zoned NC;
b. across the street from or adjacent to a lot containing a single - family or duplex use; or
c. within 150 feet of the boundary of designated scenic corridors.
3. Exemptions. The following shall be exempt from compliance with the compatibility standards
of this section:
a. Single- family or duplex uses;
b. Multi - family development unless such development exceeds a gross density of six units
per acre or a height of 35 feet;
c. Structural alteration of an existing building when such alteration does not increase the
gross square footage or height of the building; and
d. A change in use that does not increase the off - street parking requirements over and
above the existing use.
nei hborhood protection ordinance
B own zl
Article IV: Site Development Standards
Sec. l4Jt Compatibility Standards
4. Building Setback and Height Standards. The following building setback and height standards
shall apply to development that is subject to the compatibility standards of this section.
a. Building Setbacks.
(1) On sites with 60 feet of lot width or less, no structure shall be erected within 10 feet of
the lot line of property that is zoned NC or that contains a single- family or duplex use.
On sites with more than 60 feet of lot width the minimum setback from the lot line of
property that is zoned NC or that contains a single - family or duplex use shall be ten
feet, plus two additional feet of setback for each ten additional feet of lot width or
fraction thereof (beyond 60 feet). This provision shall not be interpreted as requiring a
setback of more than 20 feet.
Lot Width (feet)
Setback from Adjacent Lot Line (feet)
0 to 60
10.0
60.01 to 70
12.0
70.01 to 80
14.0
80.01 to 90
16.0
90.01 to 100
18.0
More than 100
20.0
b. Parking and Driveway Setbacks. No off - street parking area or driveway shall be located
within 25 feet of the lot line of property zoned NC or that contains a single - family or duplex
use unless the parking and driveway are located on a site that is less than 125 feet in
width. Minimum parking and driveway setbacks for sites with less than 125 feet of width
shall be as follows:
Total Lot Width (feet)
Parking and Driveway Setback (feet)
0 to 60
6
60.01 to 70
8
70.01 to 80
10
80.01 to 90
12
90.01 to 100
14
100.01 to 110
16
110.01 to 120
18
120.01 to 125
20
c. Building Height. No structure shall exceed 35 feet in height within 50 feet of the lot line of
property that is zoned NC or that contains a single - family or duplex use. No structure
shall exceed 40 feet in height within 75 feet of the lot line of property that is zoned NC or
that contains a single - family or duplex use. Structures located over 75 feet from the lot
line of property that is zoned NC or that contains a single- family or duplex use may
increase height (if permitted by applicable district regulations) at a ratio of one foot in
height for each five feet of setback. For example, a building limited to a 40 feet in height at
75 feet from property zoned NC may be increased to a height of 60 feet at a point that is
175 feet from the property zoned NC.
0 5. Buffer and Screening Standards. Nonresidential and multi - family residential development,
including off- street parking areas associated with such development, shall be screened from
nei hborhood rotection ordinance
B own 22
0
0
Article W.- Site Development Standards
Set. lia Cornpatibifity Standards
view of adjacent single - family and duplex uses and NC -zoned property. Such visual
screening shall be accomplished through the use of opaque fences, vegetative buffers.
earthen berms or a combination of such techniques along the lot line that is adjacent to the.
single- family or duplex use or NC-zoned property. Mechanical equipment, outdoor storage
areas and refuse collection areas shall be completely shielded from view of adjacent single -
family and duplex uses and NC -zoned property by an opaque fence or wall that is at least
one foot taller than the site feature being screened from view, provided that this provision
shall not be interpreted as requiring screening fences or walls to be taller than ten feat.
Fences, walls and buffers must comply with all other City Code requirements.
r�
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NC ZDmnglsinoeArtriy or duplex dweflrig
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Masimom butVmg heights for
stmaures ue&A more than 15
feet from lot fine a 40 feet
plus I addidoaal foot of height
per 5 feet of setback (5:1 slope).
V-0 a e. m
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Compatibility Standards
(Example using 8D -foot -wide lot)
6. Additional Site Design Standards. The following additional site design standards shall apply
to development that is subject to the compatibility standards of this section.
a. Public and Commercial Recreation Uses. Public and commercial swimming pools, tennis
courts, ball fields, playground areas and other intensive public or commercial
recreational uses that are located outdoors and are lighted shall be set back at least 100
feet from the lot line of property that is zoned NC or that contains a single- fmnily, duplex
or multi -family use. This setback standard shall be reduced to a minimum of 50 feet if the
recreational use is screened from view by an opaque fence or wall with a minimum
height of sic feet. The setback standard shall not apply to swiaunfng pools, tennis courts
or other active recreational uses that are accessory to a residential development or
dwelling unit and not open to the general public.
b. Dumpsters and Solid Waste Receptacles. Dumpsters and solid waste receptacles shall be
set back at least 20 feet from the lot line of property that is zoned NC or that contains a
single - family or duplex use. Dumpsters and receptacles shall be completely screened
from view of adjacent single- family and duplex uses and NC zoning by an opaque fence
or wall that is at least one foot taller than the dumpster or solid waste receptacle.
Ve;wv-n (8.7.9S) 13
Article IV: Site Development Standards
Sec.IV.A compatibility Standards
7. Waiver of Compatibility Standards. The Board of Adjustment may grant a special exception,
pursuant to Sec. V.C, that has the effect of reducing or eliminating one or more of the
compatibility standards imposed by this section if it determines that eliminating one or more
of the requirements is consistent with the purposes of this Ordinance and will not harm the
surrounding area.
B. Operational Performance Standards.
1. Purpose. -The operational performance standards of this section are intended to protect the
health, safety and welfare of the citizens of Baytown by regulating potential nuisance features
associated with certain land uses.
2. Applicability. The operational performance standards of this section shall apply to all uses,
buildings and structures within the City unless otherwise specifically indicated.
3. Exemptions. The following are exempt from the performance standards of this section:
a. Temporary construction, excavation and grading associated with development for which
applicable permits have been issued and with the installation of streets or utilities.
b. Demolition activities that are necessary and incidental to permitted development on the
same lot, on another of several lots being developed at the same time or in the public right
- of -way or easement.
4. Standards. The following standards shall apply.
a. Noise Standards. Sites shall be laid out and uses shall be operated to prevent noise from
becoming a nuisance to adjacent single - family and duplex uses and NC -zoned sites.
b. Vibration. All uses shall be operated so that ground vibration is not perceptible outside
the lot lines of the site on which the use is located.
Fire and Explosive Hazards. Underground storage tanks for flammable liquids and
gasses shall be located at least 50 feet from the lot line of lots zoned NC or that contain a
single - family or duplex use; above - ground tanks shall be setback at least 100 feet from
such lot lines, unless the Board of Adjustment determines, based on information provided
by the applicant, that a 50 -foot setback will ensure compliance with all applicable state
standards. The storage tank setback provisions of this section shall not apply to tanks that
are accessory to single- family or duplex units.
d. Light and Glare. The following standards shall apply in the MU district:
(1) All exterior lighting shall be hooded or otherwise shielded so that the light source is
not directly visible from property that is zoned NC or that contains a single - family or
duplex use.
(2) All lighting shall be shielded so that substantially all emitted light falls within the
property line of the property from which the light emanates.
nei hborhood protection ordinance
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Article IV: Site Development Standards
Sec. KB Operational Performance Standards
(3) All exterior building floodlights shall be shielded so that all emitted light falls upon the
property from which the light emanates.
(4) No illumination shall produce direct, incident or reflected light that interferes with the
safe movement of motor vehicles on public streets. The types of lighting that shall be
prohibited by this provision shall include, but not be limited to: any light that may be
confused with or construed as a traffic control device; and any animated, flashing or
changing intensity lights, except for temporary holiday displays.
e. Electromagnetic Interference. No operations or activities shall be conducted that cause
electrical disturbances to be transmitted across lot lines.
5. Nonconforming by Reason of Performance Standards. Any use existing on August 7, 1995,
that does not comply with one or more of the performance standards of this section shall not
be deemed nonconforming uses for the purposes of this Ordinance.
C. Residential Design Manufactured Housing Standards.
Residential - design manufactured housing units shall be subject to the fbllowing standards.
Roof. The roof must be predominantly double - pitched and have a minimum vertical rise of
2.2 inches for every 12 inches of horizontal nun. The roof must be covered with material that is
commonly used on site -built single - family dwellings within the City of Baytown, including but
not limited to wood, asphalt composition shingles or fiberglass, and excluding corrugated
aluminum, corrugated fiberglass or corrugated metal. The roof shall have a minimum eave .
projection and roof overhang of eight inches.
Z. Siding. Exterior siding shall be of a material commonly used on site -built single- family
dwellings within the City of Baytown, which does not have a high -gloss finish, and which may
include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding,
brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic
panels. Siding material shall extend below the top of the exterior of the foundation or curtain
wall or the joint between siding and enclosure wall shall be flashed in accordance with local
building codes.
Transport Equipment. All mobile home running gear, tongues, axles and wheels must be
removed at the time of installation of the home on the lot.
4. Finished Floor Elevation. The finished floor elevation of the residential- design manufactured
housing unit shall be a maximum of 24 inches above the exterior finish grade of the lot on
which it is located, as measured at the main entrance into the dwelling.
Attached Additions. Any attached addition to a residential - design manufactured housing unit
shall comply with building code requirements. All of the design standards of this section shall
apply to all additions.
6. Garages. Detached garages that are constructed on the same lot as a residential- design
manufactured housing unit shall comply with the building code and with all of the design
• standards of this section.
neighborhood protection ordinance
Baytown 25
ARTICLE V.
4p ADMINISTRATION AND PROCEDURES
A. Decision- Making Bodies and Officials.
The City decision - making bodies and officials described in this section, without limitation upon the
authority each possesses by law, have responsibility for implementing and administering this
Ordinance in the manner described in this section.
1. Zoning Commission. For the purposes of this Ordinance, the Zoning Commission shall
exercise the fallowing powers and be required to:
a. Review and recommend to the City Council changes in this Ordinance; and
b. Perform such other functions and duties as authorized in the City Code and as may be
duly delegated to them by the City Council.
2. Board of Adjustment. There is hereby created a Board of Adjustment for the purposes of this
Ordinance consisting of five (5) regular members, each appointed by the City Council. The
Board of Adjustment shall exercise the following powers and be required to:
a. Hear and decide appeals where it is alleged that there is an error in any order or decision
by City officials in the administration and enforcement of this Ordinance;
b. Hear and decide appeals of any interpretation of the text of this Ordinance made by the
Director of Planning and Community Development pursuant to Sec. II.D.; and
c. Hear and decide requests for variances from the terms of this Ordinance pursuant to the
procedures and standards of Sec. V.D.
3. Department of Planning and Community Development; Director. For the purposes of this
Ordinance, the Department of Planning and Community Development, through its Director,
shall exercise the following powers and be required to:
a. Make recommendations and provide assistance to the City Council, Zoning Commission
and Board of Adjustment;
b. Render administrative decisions on appropriate development applications; and
c. Render administrative interpretations of the Ordinance text pursuant to the procedures
and standards in Secs. II.C.5. and II.D.
B. Notice of Public Hearings.
Public notice of hearings shall be given as follows.
. Publication. Whenever the provisions of this Ordinances require a public hearing before the
Zoning Commission or the Board of Adjustment, notice of a public hearing on the application
shall be published in a newspaper of general circulation in the City of Baytown at least I 1
days before the public hearing. Whenever the provisions of this Ordinances require a public
hearing before the City Council, notice of a public hearing on the application shall be pub-
nei hborhood protection ordinance
B Owri
26
•
Article V: Administration and Procedures
Sec. V -B Notice of Public Hearings
lished in a newspaper of general circulation in the City of Baytown at least 16 days before the
public hearing.
2. Mailing. Notice of required public hearings shall also be sent by mail to owners of land within
300 feet of the lot lines of the land that is the subject of the application. Such notice shall be
postmarked at least 11 days before the Zoning Commission or Board of Adjustment public
hearing. If a hearing before the City Council is required, such notice shall be mailed and
postmarked at least 16 days before the City Council public hearing. Owners of land shall be
identified by reference to the most recent tax records, except that when land is owned by a
condominium association, notice shall be given to the condominium association. Notice shall
be deemed mailed by virtue of its deposit with the United States Postal Service, properly
addressed with postage prepaid.
3. Posting. Notice of required public hearings shall also be provided by way of a sign posted on
the land that is the subject of the application. One sign shall be posted for each 200 feet of
frontage along a public street, with a maximum of four signs required per frontage. Signs
shall be located so that the lettering is visible from the street. Where the land does not have
frontage on a public street, signs shall be posted on the nearest public street with an attached
notation indicating the location of the land subject to the application.
4. Contents of Notice.
Publication and Mailed Notice. Published and mailed notices shall provide at least the
following information: the general location of the land that is the subject of the application;
its legal description or street address; the. substance of the application; the time, date and
location of the public hearing; the time, date and place where the application may be
inspected by the public; and a statement that interested parties may appear at the public
hearing and be heard with respect to the application.
b. Signs. Required signs shall at least indicate the substance of the application; the time,
date and location of the public hearing; and the contact point for additional information.
C. Amendments.
1. Purpose. The purpose of this section is to provide a means for changing the text of this
Ordinance or the district boundaries shown on the Official Map, as necessary in light of
changed conditions.
2. Authority. The City Council may, after recommendation of the Zoning Commission, adopt an
ordinance amending the text of this Ordinance or the boundaries of the Official Map upon
compliance with the provisions of this section.
3. Initiation. An application for an amendment to the Official Map may be proposed by the
Mayor, a member of the City Council, the City Manager or a qualified applicant for a
proposed development. An amendment to the text of this Ordinance may be proposed by the
Mayor, a member of the City Council or the City Manager.
Bayf3ne. hborhood protection ordinance
27
•
Article V: Administration and Procedures
Sec. Y -C Amendments
4. Procedure.
a. Submission-of Application. A complete application shall be submitted to the Director of
Planning and Community Development in a form established by the Director, along with a
nonrefundable fee of one hundred fifty dollars ($150.00) which may be changed from time -
to -time by the City Council to defray the actual cost of processing the application. No
application shall be processed until the established fee has been paid and the application
has been deemed complete by the Director of Planning and Community Development. No
application fee shall be required when such amendment is being proposed by the Mayor,
a member of the City Council or the City Manager.
b. Review and Recommendation by Director of Planning and Community Development
Department. After determining that the application is complete, the Director of Planning
and Community Development shall prepare a staff report, which may include a
recommendation for approval or disapproval based on the criteria in Sec. V.C.4.d.(4). A
copy of the staff report on a proposed amendment to the Official Map shall be mailed to
the applicant at least five days prior to the public hearing on the application.
Recommendation by Zoning Commission. The Zoning Commission shall, after due
notice, conduct a public hearing on the report, in accordance with law. At the public
hearing, the Zoning Commission shall consider the application, the staff report, the
relevant support materials and public testimony given at the public hearing. After the
close of the public hearing, the Zoning Commission shall prepare and deliver a report
and recommendation to the City Council to approve or disapprove the proposed
amendment based on the criteria in Sec. V.C.4.d.(4).
d. Action by City Council.
(1) Public Hearing. After receiving the final report of the Zoning Commission, the City Council
shall, after due notice, conduct a public hearing on the proposed amendment. At the
public hearing, the City Council shall consider the application, the staff report, the
relevant support materials and public testimony given at the public hearing.
(2) Consideration of Text Amendment's Effect. After the close of the public hearing on an amendment
to the Ordinance text, the City Council shall vote to consider whether the proposed
amendment, if adopted, would represent a substantive modification of the Ordinance
text, based on the substantive amendment criteria of Sec. V.C.4.d.(2)(c).
(3) Non - Substantive Modification. If the City Council determines that the proposed amendment
does not represent a substantive modification of the Ordinance text, it shall vote to
approve, approve with modifications or disapprove the proposed amendment, based
on the criteria in Sec. V.C.4.d.(4).
(4) Substantive Modification; Referendum. If the City Council determines that the proposed
amendment does represent a substantive modification of the Ordinance text, it shall
direct the City Manager to submit the proposed amendment to the electors of the City,
nei hborhood protection ordinance
B a y 16 v- 28
Article V: Administration and Procedures
Sec. K Amendments
® for an advisory vote of approval or rejection, at a special election to be held on the day
of the next primary or general election.
•
(5) Substantive Amendment Criteria. All proposed amendments to the Ordinance text shall be
considered substantive modifications unless their effect would be solely to correct
clerical errors, clarify ambiguous provisions or eliminate conflicting requirements.
The following shall always be considered substantive modifications:
(a) the addition of new districts beyond those included in this Ordinance on August 7,
1995;
(b) the deletion of districts included in this Ordinance on August 7, 1995;
(c) the addition or deletion of standards or requirements that have the effect of
making applicable regulations more or less restrictive than those included in this
Ordinance on August 7, 1995.
(6) Post- Referendum Public Hearing. After receiving the City Manager's report on the advisory
referendum held pursuant to Sec. V.C.4.d.(2)(b), the City Council shall, after due
notice, conduct a post - referendum public hearing on the application. At the public
hearing, the City Council shall consider the application, the staff report, the relevant
support materials and public testimony given at the public hearing. After the close of
the public hearing, the City Council shall vote to approve, approve with modifications
or disapprove the proposed text amendment, based on the criteria in Sec. V.C.4.d.(4).
(1) Amendment Criteria. The wisdom of amending the text of this Ordinance or the Map is a
matter committed to the sound legislative discretion of the City Council and is not
controlled by any one factor. In determining whether to adopt, adopt with
modifications or disapprove the proposed amendment, the City Council shall consider
the following factors:
(a) Consistent with Ordinance. Whether and the extent to which the proposed amendment
would conflict with any portion of this Ordinance;
(b) Compatible with Surrounding Area. Whether and the extent to which the proposed
amendment is compatible with existing and proposed uses surrounding the
subject land and is the appropriate district for the land;
(c) Changed Conditions. Whether and the extent to which there are changed conditions
that require an amendment;
(d) Effect on Natural Environment. Whether and the extent to which the proposed
amendment would not result in significantly adverse impacts on the natural
environment, including but not limited to water, air, noise, stormwater
management, wildlife, vegetation, wetlands and the natural functioning of the
environment;
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Article V: Administration and Procedures
Sec. 4•f Amendments
(e) Community Need. Whether and the extent to which the proposed amendment
addresses a demonstrated community need, as evidenced, in the case of a
substantive amendment, by an advisory referendum vote of -the electors; and
(f) Development Patterns. Whether and the extent to which the proposed amendment
would result in a logical and orderly development pattern and not constitute spot
zoning.
(8) Vote Required for Action. Action to amend the text of this Ordinance or the official Map,
whether deemed a substantive or non - substantive amendment, shall require an
affirmative vote of at least six members (three - fourths) of the City Council.
D. Variances and Special Exceptions.
I. Purpose.
Variances. Variances are deviations from the property development standards for the
applicable district where development is proposed that would not be contrary to the
public interest and, due to special conditions, a literal enforcement of the provisions of this
Ordinance would result in unnecessary hardship, and so that the spirit of this Ordinance
is observed and substantial justice done. A variance is not applicable to a use or a
performance standard.
b. Special Exceptions. Special exceptions are deviations from otherwise applicable
operational performance standards and compatibility standards where development is
proposed that would be (1) compatible with surrounding land uses; (2) in keeping with the
public interest and (3) consistent with the purposes of this Ordinance.
2. Authority. The Board of Adjustment, in accordance with the procedures, standards and
limitations of this section, shall approve, approve with conditions or disapprove an application
for a Variance Permit or Special Exception Permit after receiving a recommendation by the
Director of Planning and Community Development.
3. Initiation. An application for a Variance Permit or Special Exception Permit shall be submitted
by a qualified applicant.
4. Procedure.
a. Submission of Application, A complete application for a Variance Permit or Special
Exception Permit shall be submitted to the Director of Planning and Community Develop-
ment, on a form prescribed by the Director, along with a nonrefundable fee of one
hundred dollars ($100.00) which may be changed from time -to -time by the City Council to
defray the actual cost of processing the application. No application shall be processed
until the established fee has been paid and the application has been determined
complete by the Director.
b. Review and Recommendation by Director of Planning and Community Development
Department. After determining that the application is complete, the Director of Planning
and Community Development shall review the application and prepare a staff report,
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Article V: Administration and Procedures
Sec. V -D Variances and Special Exceptions
which may include a recommendation of approval, approval with conditions or
disapproval based upon the criteria in Sec. V.D.5. A copy of the report shall be mailed to
the applicant at least five days prior to the public hearing on the application.
Public Hearing. After due notice, the Board of Adjustment shall hold a public hearing on
an application for a Variance Permit or Special Exception Permit. At the public .hearing,
the Board of Adjustment shall consider the application, the staff report, the relevant
support materials and the public testimony given at the public hearing. After the close of
the public hearing, the Board of Adjustment shall vote to approve, approve with conditions
or disapprove the application for a Variance Permit or Special Exception Permit, pursuant
to the criteria of Sec. V.D.5.
d. Notice Of Decision. The Director of Planning and Community Development shall provide
a copy of the decision to the applicant by mail within ten days of the Board's decision.
5. Variance and Special Exception Permit Criteria.
a. Variance Permits. To approve an application for a Variance Permit, the Board of Adjust-
ment shall make an affirmative finding that the following criteria are met:
(1) That special circumstances exist that are peculiar to the land or structure that are not
applicable to other land or structures in the same district and are not merely financial;
(2) That these special circumstances are not the result of the actions of the applicant;
(3) That literal interpretation and enforcement of the terms and provisions of this
Ordinance would deprive the applicant of rights commonly enjoyed by other land in
the same district, and would cause an unnecessary and undue hardship;
(4) That granting the variance is the minimum action that will make possible the use of the
land or structure which is not contrary to the public interest, and which would carry out
the spirit of this Ordinance and substantial justice;
(5) That granting the variance will not adversely affect adjacent land in a material way;
and
(6) That granting the variance will be generally consistent with the purposes and intent of
this Ordinance.
b. Special Exception Permits. To approve an application for a Special Exception Permit, the
Board of Adjustment shall make an affirmative finding that the following criteria are met:
(1) That granting the special exception will ensure the same general level of land use
compatibility as the otherwise applicable standards;
(2) That granting the special exception will not materially and adversely affect adjacent
land uses and the physical character of uses in the immediate vicinity of the proposed
• development because of inadequate buffering, screening, setbacks and other land
use considerations;
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Baytown
Article V: Administration and Procedures
Sec. Y -D Variances and Special Exceptions
(3) That granting the special exception will not adversely affect property values in any
material way; and
(4) That granting the special exception will be generally consistent with the purposes and
intent of this Ordinance.
6. Conditions. The Director of Planning and Community Development may recommend, and the
Board of Adjustment may impose, such conditions on a Variance Permit or Special Exception
Permit as are necessary to accomplish the purposes of this Ordinance, to prevent or minimize
adverse impacts upon the public and neighborhoods and to ensure compatibility. These
conditions may include but are not limited to limitations on size, bulk and location; standards
for landscaping, buffering and screening, lighting and adequate ingress and egress; cash
deposits, bonds and other guarantees of deposit; other on -site improvements; and limitations
on the duration of the permit or hours of operation.
7. Effect of Variance Permit or Special Exception Permit.
a. General. Issuance of a Variance Permit or Special Exception Permit shall authorize only
the particular variation which is approved in the Variance Permit or Special Exception
Permit. A Variance Permit or Special Exception Permit shall run with the land.
b. Time Limit. Unless otherwise specified in the Variance Permit or Special Exception
Permit, an application to commence construction of the improvements that were the
subject of the Variance Permit or Special Exception Permit request must be applied for
and approved within 12 months of the date of the approval of the Variance Permit or
Special Exception Permit, otherwise the Variance Permit or Special Exception Permit shall
automatically become null and void. Permitted time frames do not change with
successive owners. Upon written request, only one extension of the 12 -month time frame
may be granted by the Board of Adjustment for a period not to exceed 12 months for good
cause shown.
ARTICLE VI.
NONCONFORMITIES
A. General.
1. Purpose and Scope of Regulations. This section regulates the continued existence of:
a. Uses established prior to August 7, 1995 that do not conform to the use regulations of this
Ordinance in the districts in which such uses are located. Such uses are hereafter
referred to as nonconforming uses; and
b. Buildings and structures constructed prior to August 7, 1995, that do not comply with the
applicable property development standards and other bulk- related regulations of this
Ordinance in the districts in which such buildings or structures are located. Such
. structures are hereafter referred to as noncomplying structures.
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Article VI: Nonconforming Uses and Noncomplying Structures
Sec. VI-A General
2. Authority to Continue.
a. Continuation of Nonconforming Use. A nonconforming use that lawfully occupies a
structure or a vacant site on August 7, 1995, may be continued so long as it remains
otherwise lawful, subject to the standards and limitations of this section.
b. Continuation of Noncomplying Structures. A noncomplying structure that lawfully
occupies a land site on August 7, 1995, that does not conform with the standards for front
setbacks, side setbacks, rear setbacks, height, screening, floor area of structures,
driveways or open space for the district in which the structure is located may be used and
maintained, subject to the standards and limitations in this section.
I Ordinary Repair and Maintenance. Normal maintenance and incidental repair may be
performed on a complying structure which contains a nonconforming use or on a
noncomplying structure. This section shall not be construed to prevent the strengthening or
restoration to a safe condition of a structure in accordance with an order of the Chief Building
Official who declares a structure to be unsafe and orders its restoration to a safe condition.
B. Nonconforming Uses.
I. Abandonment.
a. When Abandoned. A nonconforming use of land or of a structure in a district that is
discontinued or remains vacant for a continuous period of one year, shall be presumed to
be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use
or occupancy of the structure or land site must conform with the regulations for the district
in which it is located. This provision shall not apply to a nonconforming dwelling unit in
the NC or UN districts.
b. Overcoming Presumption of Abandonment. The presumption of abandonment may be
rebutted upon a showing, to the satisfaction of the Director of Planning and Community
Development, that during such period the owner of the land or structure (i) has been
maintaining the land and structure in accordance with the Building Code and did not
intend to discontinue the use, or (ii) has been actively and continuously marketing the land
or structure for sale or lease, or (iii) has been engaged in other activities that would
affirmatively prove there was not intent to abandon.
Calculation of Period of Abandonment. Any period of such discontinuance caused by
government actions, fire or natural calamities, and without any contributing fault by the
nonconforming user, shall not be considered in calculating the length of discontinuance
pursuant to this section.
2. Movement, Alteration and Enlargement. No nonconforming use may be moved, enlarged or
altered and no nonconforming use of land may occupy additional land, except in the manner
provided in this section.
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Article Vi: Nonconforming Uses and Noncomplying Structures
Sec. VI -9 Nonconforming Uses
a. Enlargement. A nonconforming use may not be enlarged, expanded or extended to -
occupy all or a part of another structure or land site, that it did not occupy on August 7,
-1995, of this Ordinance. However, a nonconforming use may be extended within the same
structure, provided no structural alteration of the structure is proposed or made for the
purpose of the extension.
b. Exterior or Interior Remodeling or Improvements to Structure. Exterior or interior
remodeling or improvements to a structure containing a nonconforming use shall be
allowed provided there is no expansion of the nonconforming use.
c. Relocation of Structure. A structure containing a nonconforming use may not be moved
unless the use shall conform to the regulations of the district into which the structure is
moved.
d. Change of Nonconforming Nonresidential Use to Another Nonconforming Use. Upon
application to the Director of Planning and Community Development pursuant to Sec.
ILD., a nonconforming use may be changed to another nonconforming use of the same or
similar type or intensity or to another nonconforming use of the same or similar type, but
of less intensity. Whenever any nonconforming nonresidential use is changed to a less
intensive nonconforming nonresidential use, such use shall not be changed back to a
more intensive nonconforming nonresidential use. Whenever any nonconforming
nonresidential use is changed to a conforming use, such use shall not later be changed to
a nonconforming use.
e. Destruction of Structure with Nonconforming Use. If a structure that contains a noncon-
forming use is destroyed to the extent of 50 percent or more by fire or natural calamity or
is voluntarily razed or is required by law to be razed, the nonconforming use shall not be
resumed, and the structure shall not be restored. The determination of the extent of
damage or destruction under this section shall be based on the ratio of the estimated cost
of restoring the structure to its condition before the damage or destruction to the
estimated cost of duplicating the entire structure as it existed prior to the damage or
destruction.
C. Noncomplying Structures.
1. Movement, Alteration and Enlargement. No noncomplying structure may be moved, enlarged
or altered, except in the manner provided in this section or unless required by law.
a. Repair, Maintenance, Alterations and Enlargement. Any noncomplying structure may be
repaired, maintained, altered or enlarged; provided, however, that no such repair,
maintenance, alteration or enlargement shall either create any new noncompliance or
increase the degree of the existing noncompliance of all or any part of such structure.
b. Moving. A noncomplying structure shall not be moved in whole or in part, for any
distance whatsoever, to any other location on the same or any other lot unless the entire
structure shall thereafter conform to the regulations of the district in which it is located
after being moved.
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Article VI: Nonconforming Uses and Noncomplying Structures
Sec. VI -C Noncomplying Structures
• c. Damage or Partial Destruction of Noncomplying Structure. If a noncomplying structure is
damaged or destroyed by fire or natural calamity to the extent of 75 percent or less, the
structure may be restored if restoration is started within six months and diligently pursued
to completion. The City may require a cash deposit, bond or other guarantee of
performance to ensure diligent progress and completion of the restoration. Any delay in
starting such restoration that is caused by government actions or natural calamities, and
without contributing fault by the owner, shall be deducted in calculating the starting date
of restoration.
D. Nonconforming Accessory Uses and Noncomplying Accessory Structures.
The continued existence of nonconforming accessory uses and a noncomplying accessory
structures shall be subject to the provisions governing principal nonconforming uses and
noncomplying structures set forth in Secs. VI.B. and VI.C.
E. Determination of Nonconforming Use and Noncomplying Structure Status.
The burden of establishing that a nonconforming use or noncomplying structure lawfully exists
under this Ordinance shall, in all cases, be the owner's burden and not the Citys.
ARTICLE VII.
ENFORCEMENT
A. Enforcement Officer.
This Ordinance shall be enforced by the Board of Adjustment through the Director of Planning
and Community Development, pursuant to Sec. 211.012 of the Texas Local Government Code or
other applicable law.
B. Compliance Required.
No person may use, occupy or develop land, buildings or other structures, or authorize or permit
the use, occupancy or development of land, buildings or other structures except in accordance
with all provisions of this Ordinance.
C. Remedies and Enforcement Powers.
The City shall have the following remedies and enforcement powers:
Withhold Permits. The City may deny or withhold all permits, approvals or other forms of
authorization on any land or structure for which there is an uncorrected violation of a
provision of this Ordinance or of a condition of a permit, certificate, approval or other
authorization previously granted by the City Council, Commission or Board of Adjustment. In-
lieu of withholding or denying an authorization, the City may grant such authorization subject
to the condition that the violation be corrected.
2. Stop Work. With or without revoking permits, the City may stop work on any building or
structure on any land on which there is an uncorrected violation of a provision of this
Ordinance or of a permit or other form of authorization issued hereunder, in accordance with
its power to stop work under its Building Codes.
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Article VII: Enforcement
Sec. 411 -C Remedies and Enforcement Powers
0
3, Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any
-- violation of this Ordinance or of a permit, certificate or other form of authorization granted
hereunder.
4. Abatement. The City may seek a court order in the nature of mandamus, abatement or other
action or proceeding to abate or remove a violation or to otherwise restore the premises in
question to the condition in which they existed prior to the violation.
5. Civil Remedies. The City shall have the right to institute any appropriate civil action to
enforce, enjoin, prevent, restrain, correct or abate any violation of the provisions of this
Ordinance, including any and all remedies available pursuant to the laws of the State of
Texas. All court costs and reasonable attorney's fees incurred by the City in connection with
any civil action shall be awarded to the City if it is the prevailing party.
6. Criminal Remedies. Any person, corporation, firm or entity that violates any provision of this
Ordinance shall be guilty, upon conviction, of a separate misdemeanor offense for each day
or portion of a day during which the violation continues, which shall be punishable by a fine of
not less than $200 per day.
7. Other Remedies. The City shall have such other remedies as are and as may be from time -
to -time provided by Texas law for the violation of regulations.
$. Remedies Cumulative. The remedies and enforcement powers set out in this section shall not
be considered exclusive remedies but rather they shall be cumulative with all other remedies
provide in this Ordinance, in any other ordinance or by lave.
D. Enforcement Procedures.
The following procedures shall be followed in carrying out enforcement powers.
1. Notice. The Director of Planning and Community Development shall give written notice by
certified mail to the owner of land on which a violation exists. The notice shall state the nature
of the violation and the date, time and place of the Board of Adjustment meeting at which the
Board is to act on the enforcement matter.
2. Board of Adjustment Action; Public Hearing. After due notice, the Board of Adjustment shall
hold a public hearing on the violation. At the public hearing, the Board shall consider the staff
report detailing the nature of the violation, the relevant support materials and the public
testimony given at the public hearing, including the testimony of the owner of the land on
which the violation is said to exist. After the close of the public hearing, the Board of
Adjustment shall determine, by a vote of its members, if a violation exists. If a violation is
determined to exist, the Board of Adjustment shall identify the appropriate remedy and
enforcement action.
3. Notice of Decision. The Director of Planning and Community Development shall provide a
copy of the Board's decision and enforcement action to the applicant by certified mail within
• ten days of the Board's decision.
nei hborhood protection ordinance
B 0VM 36
•
Article VII: Enforcement
Sec. VII -D Enforcement Procedures
4, Notice of Criminal Penalty. In no case shall any person acting on behalf of the City seek a
criminal penalty for violation of this Ordinance without giving 30 -day prior notice of the
- violation, specifying the action necessary to correct the violation and avoid criminal
prosecution.
E. Other Enforcement Matters.
Other Powers. In addition to the enforcement powers specified in this Article, the City may
exercise any and all enforcement powers granted to it by Texas law, as it may be amended
from time to time.
2. Continuation. Nothing in this Ordinance shall prohibit the continuation of previous
enforcement actions, undertaken pursuant to previous, valid resolutions, ordinances and
laws.
f ei hborhood rotection ordinance
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Index
nei hborhood protection ordinance
B OWrl 38
abandonment ...........................
............................... ...a,33
abate.......................................................
.............................36
accessory structure ............
......... ............. ..................................... 4,15
accessory use .................
............................... ...................:.......4,15
amendment...................
............................... ........................2,27 -30
amendment criteria .............................
................... ..................... 28,29
appeal.......................................................
.............................8.
arterial ....... .....................................................
............4,10,12,15,16
average.......................
............................... ...........................5,20
board of adjustment .....................
............................... 8, 24, 26, 27, 30 -32, 35, 36
buffer.......................................................
.............................22
church........................
............................... ...................4,9,11,15,21
citymanager ...........
... ................ I'll ..................... ..... ................ 27 -29
civil.........................................................
.............................36
collector......................
............................... ........................4,15,16
college..............................................
............................... 4,11,15
commission...................................
:................................... 4,26 -28,35
compatibility standards
.......................... ............................... 10, 12, 21 -24, 30
condition....................................
................................... ........ 33 -36
council................
.... ........... ............................................. 8,26 -30,35
covenant......................................................
.............................1.
criminal........ .....................................
.............. .................... 36,37
damage......... .....................................................................
3.4,35
daycare ..................................
.................... .................... .4,9.11,15
destruction.............................................
............................... 34,35
director . ...............................
.. ............................... 2, 4, 8, 17, 26, 28, 30 -36
director of planning and
community development ............................ 2, 4, 8, 17, 26, 28, 30 -36
discontinuance...............................................
.............................33
duplex .........................
............................... ...........5,6,9 - 12,15,16,21 -24
electromagnetic ...........................................
............................... 25
enforce.....................................................
.............................36
fence.......................................
.................. ................... 7,15, 20,23
fine.........................................................
.............................36
fire and explosive .............................................
.............................24
fire.............................
............................... ....................7.,24,33 -35
front setback ....................................................
................. ...10,12,20
glare........................................................
............................2.4
height .................................
.............................5, 6, 10, 12, 15, 16, 20 -23, 33
homeoccupation .............................................
.............................15
hospital......................................................
.............................5.
injunctive.....................
............................... .............................3E
interior side setback .........................................
............................10, 12
interpretation .. ........................................................
............. 7,8,26,31
light ......................................
............................... l3, 9, 11, 19, 24, 25, 27
lotsize ....................
............................... ...................... 6,10 - 12,17,19
manufacturedhousing ...........
............................... ...........................6,25
map...... .......................................................................
2,7- 9,27 -30
mayor. me . .................
mobile home ..
............................... .........................21,28
...5, 6, 1 1, 25
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neighborhood protection ordinance
Bays wn 39
Index
multi - family .................................
.............................5, 6, 11, 12, 15, 16, 21 -23
noise... .................... .......................................
................. 16,24,29
noncomplying structure ......... ...............................
........................6,33 -35
nonconforming use ............. ...............................
........................6,33 -35
notice ........................................
............................... 3,26 - 29,31,36,37
nursinghome .................. ...............................
........................6,11,16
office ....................... . ................................................
2,6,9,11,16,17
park...................................................
................. ................6,16
performance standards ................................
............................16, 24, 25, 30
place of worship ............... ...............................
......................4,9,11,15
police........................................................
.............................7.
public hearing ................. ...............................
..................3,26 - 29,31,36
rearsetback ................... ...............................
.......................10,12,19
reduction of setback for public purpose ..........................
.............................20
referendum .................. ...............................
.......................28,29,30
relocation.......... ...............................
......... .............................34
residential ........................ ...............................
1, 6, 7, 9, 11, 15, 16, 19, 21 -23, 25
retail........................ ...............................
...................6,9,11,16,17
roof......................... ...............................
......................5,6,20,25
school.... ..................................................................
....... 7,9,11,16
setback ................................
.............................6, 7, 10, 12, 19, 20, 22, 23, 24
sign......................... .. ..................
................................... 17,19,27
single - family ......................... ...............................
5, 6, 7, 9 -13, 15, 16, 19, 21 -25
status.......................................................
.............................35
street side setback ......... ........................................
.....................10,12
supplementary ................. ...............................
.....................9,11,13,15
usetable .....................................................
.............................13
utilities ..............................................
.............................6, 7, 9, 11, 24
utility.....................................................
... ..................... 7,17,20,21
variance.....................................................
..........................30 -32
variance permit .... ................... ..................................................
30 -32
vibration...................... ...............................
..........................16,24
violation......................................................
..........................35 -37
vote..............................................................
.................. 28 -31,36
waiver......................................................
.............................24
wall ......................... ............................... ..................5,15,20,23,25
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