Ordinance No. 8,287Published in the Baytown Sun: 980528 -2
Tues, June 2, 1998 and
Wed, June 3, 1998 ORDINANCE NO. 8287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, BY RENAMING CHAPTER 21 "CABLE AND
TELECOMMUNICATION REGULATIONS "; RENAMING ARTICLE H
"CABLE FRANCHISE REGULATIONS "; AND ADDING ARTICLE IV
"TELECOMMUNICATION REGULATIONS "; PROVIDING FOR A
PENALTY NOT EXCEEDING TWO THOUSAND AND NO 1100 DOLLARS
($2,000.00); PROVIDING A REPEALING . CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown (the "City ") has local authority over placement,
construction and modification of cellular telephone facilities and other personal wireless
telecommunication service facilities; and
WHEREAS, the City Council of the City of Baytown, Texas, desires to establish
guidelines regulating the location of telecommunication towers and antennas with the objective
of minimizing their number, to protect and promote public safety, and to mitigate any adverse
visual impacts on the community while promoting the provision of telecommunications service
to the public; and
WHEREAS, guidelines contained in this ordinance shall not be construed so as to (i)
unreasonably discriminate among providers of functionally equivalent services; (ii) prohibit or
have the effect of prohibiting the provision of personal wireless services; (iii) regulate the
placement, construction and modification of personal wireless service facilities on the basis of
environmental or radio frequency emissions to the extent that such facilities comply with the
Federal Communication Commission's regulations concerning such emissions; and
WHEREAS, telecommunications towers and antennas, when permitted by federal law
and the laws of the state of Texas, shall be regulated and governed by the use regulations and
requirements herein established in accordance with the Telecommunications Act of 1996, as
amended; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 21 "Cable Communications" of the Code of Ordinances,
City of Baytown, Texas, is hereby renamed to be entitled Chapter 21 "Cable and
Telecommunication Regulations.
Section 2: That Article II "Franchises" of Chapter 21 "Cable and Telecommunication
Regulations" of the Code of Ordinances, City of Baytown, Texas, is hereby renamed to be
entitled Article II "Cable Franchise Regulations."
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• Section 3: That Chapter 21 "Cable and Telecommunication Regulations" of the Code
of Ordinances, City of Baytown, Texas is hereby amended by adding an article to be numbered
and entitled Article IV "Telecommunication Regulations," which article reads as follows:
•
CHAPTER 21
CABLE AND TELECOMMUNICATION REGULATIONS
Article IV. Telecommunication Regulations
Division 1. Generally
Sec. 21 -101. Definitions.
Alternative mounting structure means a man-made tree, clock, tower, church steeple, bell tower,
utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support
and camouflage or conceal the presence of telecommunications antennas.
Antenna means a structure or device used to collect or radiate electromagnetic waves, including
directional antennas, such as panels, wireless cable and satellite dishes, and omni- directional
antennas such as whips, but not including satellite earth stations.
Antenna array means an arrangement of antennas and its supporting structure.
Co- location means a signal telecommunications tower and/or site used by more than one
telecommunications service provider.
Commission means the city's Growth Management and Development Advisory Commission as
presently constituted, or any successor commission.
l
Dish antenna means a parabolic or bowl - shaped device that receives and or transmits signals in a
specific directional pattern.
EIA -222 means Electronics Industries Association Standard 222, "Structural Standards for Steel
Antenna Towers and Antennas Support Structures."
Electric transmission tower means a self - supporting structure in excess of SO feet in height
designed to support high voltage electric lines. This does not include local utility or distribution
poles (with or without transformers) designed to provide electric service to individual customers.
FAA means the Federal Aviation Administration as presently constituted, or any successor
federal agency.
FCC means the Federal Communications Commission as presently constituted, or any successor
federal agency.
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is Guyed tower means any telecommunications tower supported in whole or in part by cables
anchored to the ground.
f•
Identification pylon means permanent ground- mounted sign consisting solely of a single
monolithic structure used to identify a development.
Monopole tower means self - supporting telecommunications tower which consists of a single
vertical pole fixed into the ground and/or attached to a foundation.
Panel antenna means an antenna which receives and/or transmits signals in a directional pattern.
Self - supporting tower means telecommunications tower which consists of an open network of
metal braces forming a tower which is usually triangular or square in cross - section.
Stealth antenna means a telecommunications antenna that is effectively camouflaged or
concealed from view.
Structure means an object including a mobile object construed or installed by man, including, but
not limited to, buildings, poles, water towers, cranes, smokestacks, earth formations and
overhead transmission lines.
Telecommunications means the transmission, between or among points specified by the user of
audio and/or visual information of the user's choosing without change in the form or content of
information as sent and received.
Telecommunications antenna means an antenna used to provide a telecommunications service.
This excludes lighting rods, amateur radio antennas less than 50 feet in height and whip antennas
less than four inches in diameter and less than ten feet in height.
Telecommunication service means the offering of telecommunications for a fee directly to the
public, or to such classes of users as to be effectively available directly to the public, regardless
of the facilities used.
Telecommunications tower means a self- supporting or guyed structure more than 20 feet in
height, built primarily to support one or more telecommunications antennas.
Tower height means the distance measured from grade to the highest point of any and all
components of the structures, including antennas, hazard lighting and other appurtenance, if any.
Whip antenna means an omni- directional dipole antenna cylindrical shape which is no more than
6 inches in diameter.
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® Sec. 21 -102. Master antenna plan.
980528 -2c
To facilitate co- location and coordination of a telecommunication site, the director of
planning and community development shall, within 30 days of the effective date of this
ordinance, notify the providers of telecommunication services, as that term is defined by federal
law, of the enactment of this ordinance. The providers shall within 90 days of the date of such
notice, provide the City with their respective master antenna plans. Said plans shall include
detailed maps, showing the locations and characteristics of all telecommunications towers and
antennas servicing any portion of the city and indicating coverage areas for current and, to the
extent possible, future telecommunication towers and antennas. Providers shall also provide the
city with updates to the above documents within 90 days of their creation.
Sec. 21 -103. Abandonment.
(a) In the event the use of any wireless communication facility, which would include
telecommunications tower or other antenna support structure, has been discontinued for a
period of 365 days, the antenna support structure shall be deemed to be abandoned.
Determination of the date of abandonment shall be made by the chief building official
who shall have the right to request documentation from the owner /operator regarding the
issue of usage.
(b) Upon the determination of abandonment, the owner /operator of the antenna support
structure shall remove the antenna support structure within 90 days of receipt of notice
from the chief building official notifying the owner /operator of such abandonment. If the
antenna support structure is not removed within the 90—day period, the chief building
official may cause it to be removed at the owner's expense.
Sec. 21 -104. Appeal.
Any person who desires to erect or utilize telecommunication facility and who wishes to
present evidence that such entity would be limited by the current regulations of the city dealing
with zoning and land use may apply for such use under this article. The city council shall, upon
a showing that stricter application of the regulations would prohibit or have the effect of
prohibiting personal wireless service, as defined by federal law, modify the subject regulations,
consistent with the spirit and intent of this article and second to the extent necessary to prevent
the prohibition.
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See. 21 -105. Violation.
(a) Any person violating any section of this article shall constitute an offense affecting
safety, zoning and/or public health and, upon conviction, is punishable as provided in
section 1 -14.
(b) In addition to the penalties provided in subsection (a) of this section, any violation of this
article is hereby declared to be a nuisance. In addition to any other relief to which the
city may be entitled, the city attorney is authorized to file suit in any court of competent
jurisdiction to enjoin any person from violating or causing to be violated any of the
sections of this article.
Division 2. Standards
Sec. 21 -111. Telecommunication tower standards.
(a) Applicable federal and state standards. All telecommunication towers and antennas shall
be erected and operated in compliance with current FCC and FAA rules and regulations
and all other applicable federal, state, and local standards.
(b) Structural standards. Telecommunication tower structure must conform to the most
current revision of EIA -222 Standards.
(c) Co- locution. Towers shall be designed and built to accommodate a minimum of two
cellular or personal communication service providers if the towers are 75 feet or more in
height. The owner of the tower must certify to the city that the tower is available for use
by other telecommunications service providers on a reasonable nondiscriminatory basis.
(d) Fencing. Security fencing enclosing the base of a tower shall be by a wrought iron or
steel chain link fence with evergreen hedge, or a masonry wall, each not less than six feet
in height. The exterior of equipment buildings and/or metal equipment cabinets visible
from an NC or UN zoning district, residential use, or public right -of -way must have a
neutral aggregate finished or be painted to reflect the color and character of adjoining
structures or blend with adjacent landscaping and other surroundings.
(e) Setbacks. All telecommunications towers as well as guys and guy anchors shall located
within the buildable area of the lot and set back a minimum of 20 feet from any property
line. Telecommunications towers in excess of 400 feet in height shall be set back a
minimum of 2600 feet from the right -of -way of all controlled access federal and state
roadways designated as freeways to provide unobstructed flight paths for helicopters.
(f) Signage. Except as otherwise permitted in this article, no signage letter, symbols, images
or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a
telecommunications tower, antenna, antenna array equipment building, or security
fencing other than as required by the FCC regulations or other applicable law.
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• (g) Lighting. Except as otherwise permitted in this article, no signal lights or illumination of
any kind shall be permitted on or directed toward any tower unless required by the FCC,
the FAA or other appropriate public authority.
•
Sec. 21 -112. Tower location standards.
(a) Historic /Cultural. Except for compatible alternative mounting structures approved by the
city council that effectively camouflage or conceal the presence of telecommunications
antennas, telecommunications facilities should not be located on or within 300 feet of
property included in a national or local historic district or designated scenic corridor. In
addition, said facilities should, whenever possible, be located so as to ensure that historic
or culturally significant vistas, and landscapes are protected and that the views of and
vistas from architecturally and/or historically significant structures are not impaired or
diminished.
(b) Residential. Except as otherwise provided in this article, telecommunications towers are
not permitted in any NC or UN zoning district and must be at least:
(1) 250 feet from any property, which is within an NC or UN zoning district or is
used for residential purposes, regardless of the zoning district if the tower height
75 feet or less; or
(2) a distance from any property which is within an NC or UN zoning district or is
used for residential purposes, regardless of the zoning district, calculated as
follows:
(A) 250 feet
plus
(B) five feet per each foot of tower height or portion thereof over 75 feet.
(c) Fall zone. A tower shall be constructed so as to minimize the potential safety hazards
and located in such a manner that if the structure should fall along its longest dimension,
it will remain within the property boundaries and avoid habitable structures, public
streets, utility lines and other antennas or towers.
(d) Tower spacing. Any new telecommunication tower in excess of 180 feet in height must
be located a minimum of I mile from any existing tower in excess of 180 feet in height.
(e) Towers permitted by right. Free standing monopole telecommunication towers 85 feet or
less in height are permitted in the MU zoning districts; provided that all of the applicable
standards of this article are satisfied.
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® (f) Towers requiring special use permits. Except as otherwise provided in this article,
telecommunication towers in excess of 50 feet in height and monopole towers in excess
of 85 feet in height are permitted in the MU zoning districts with a special use permit.
(g) Telecommunication towers erected to replace existing poles are permitted in all zoning
districts if:
(1) the pole replaced is a functioning utility pole or light standard within a utility
easement or public right -of -way, recreation facility light pole or
telecommunication tower;
(2) replacement tower height, including antennae array, does not exceed:
(A) the height of the original utility, light standard or recreation facility pole
by more than 10 feet; or
(B) the height of the original telecommunication tower and antennae array;
(3) the pole replaced does not obstruct a public sidewalk, public alley or other public
right -of -way; and
(4) pole appearance and function, except for antennae, are not significantly altered.
Sec. 21 -113. Alternative mounting structures.
(a) New alternative mounting structures 100 feet or less in height are permitted by right in
the MU zoning districts.
(b) New alternative mounting structures in excess of 100 feet in height are permitted in the
MU zoning districts with a special use permit.
(c) All new alternative mounting structures located in a UN or NC zoning district shall
require a special use permit.
(d) Alternative mounting structures must be similar in color, scale and character to adjoining
buildings or structures or blend with the landscaping and other surroundings immediately
adjacent to them so as to generally avoid the creation of the unique visual objects that
stand out in the environment.
Sec. 21 -114. Antenna mounting standards.
The purpose of this section is to promote public safety and maintain order and harmony
within the city's zoning districts by restricting the size and location of telecommunication
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antennas. The object is to avoid the creation of visual distractions, prevent obstructions to the
view of pedestrians and motorist on public thoroughfares and to ensure the structural integrity of
supporting structures.
(1) Whip and panel antenna mounting standards.
(A) Individual telecommunications antennas are allowed on existing electric
utility poles, light standards, and telecommunication towers in excess of
40 feet in height, provided that the total length of any antenna does not
exceed 15 percent of the height of the structure. The height of a
telecommunications tower is determined by the highest point of any and
all components of the structure, including antennas.
(B) Telecommunication antennas and arrays are allowed by right on existing
electric transmission towers.
(C) Existing structures in excess of 50 feet in height may, as a matter of right,
be rebuilt, if necessary, to support or contain a new antenna, provided that
the new structure complies with section 21- 112(g).
(D) Panel antennas, which do not extend above the structures, or whip
antennas 15 feet or less in height, are permitted on conforming and
properly permitted ground sign structures.
(E) Building- mounted panel antennas are permitted on non - residential
buildings and multifamily dwellings in all zoning districts, provided that
they are mounted flush with the exterior of the building and that they do
not project above the roof line nor more than 30 inches from the surface of
the building to which they are attached. The antenna's appearance shall
be such that its color and texture blends with the surrounding surface of
the building.
(F) Whip antennas are permitted on non - residential buildings and multifamily
dwellings in all zoning districts, provided that the total length of the whip
antennas, regardless of mounting method or location, does not exceed 15
feet of the height of the building.
(G) Only one building /roof mounted antenna support structure, less than 100
square feet in area, is permitted per 5,000 square feet of building floor
area.
(2) Dish antenna mounting standards.
(A) Dish antennas shall not be permitted in any front setback area or sideyard
setback adjacent to any roadway.
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® (B) Ground mounted dish antennas in excess of 5 feet in height shall be
screened from roadways and adjacent property by a minimum 6 -foot high
screening fence, evergreen hedge, or masonry wall.
•
(C) Dish antennas in excess of 10 feet in height or more than 3 meters in
diameter shall not be permitted in any NC or UN zoning district.
(D) Building /roof mounted dish antennas one meter or less in diameter are
permitted in all zoning districts.
(E) Building /roof mounted dish antennas two meters or less in diameter are
permitted on all buildings in excess of 5,000 square feet of building floor
area in the MU zoning districts.
(F) Only one building /roof mounted dish antenna, two meters or less in
diameter, is permitted per 5,000 square feet of building floor area on non-
residential buildings and on multifamily dwellings in the NC and UN
zoning districts.
(G) Building /roof mounted dish antennas in excess of two meters in diameter
may be permitted on buildings in excess of 100,000 square feet of building
floor area in the MU zoning districts with a special use permit.
(H) Building /roof mounted dish antennas in excess of one meter in diameter in
NC or UN zoning districts shall be painted to have an appearance that
blends with the building on which they are located or be located so that
they are not visible from any adjacent roadway.
(I) Building /roof mounted dish antennas in excess of two meters in diameter,
in MU zoning districts shall be painted or screened with enclosures so as
to have an appearance that blends with the building on which they are
located or be located so that they are not visible from any adjacent
roadway.
(3) Structural certification. The chief building official shall be provided with an
engineer's certification that the structure will support and not be adversely
affected by the proposed antenna and associated equipment.
Sec. 21 -115. Exception.
Towers and antennas erected or leased by a public agency for police, fire, EMS, 911 or
other similar public emergency communications shall be exempted from requirements of this
division.
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Sec. 21 -114. Measurement of distances.
Distances in this article shall be measured along a single straight line between the center
of the tower base and the nearest point on any property line of a historic property, scenic corridor
or UN or NC zoned property or residential use.
Sec. 21 -115. Summary table.
The summary table in this section provides a tabular summary of the telecommunication
facilities allowed in the various zoning and historic districts as well as the scenic corridors of the
city. The table is intended for reference only and does not necessary reflect all of the regulations
that may apply. If a conflict occurs between the text of this article and the summary table, the
text shall control.
(1) Permitted by right. Facilities identified with a "I"' are permitted by right and shall
be permitted in the corresponding district subject to all other applicable standards
of this code.
(2) Permitted with special use permit. Facilities identified with a "SUP" 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 standards of this article and 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 sections of this article.
(4) Conditions. The final column of the summary table contains references to the
standards applicable to the telecommunication facility type in one or more
districts or corridors.
Telecommunication Facility Type MU UN NC Scenic Conditions
Corridor
New Lattice, Other Towers
0 to 50 feet
P
--
--
--
21- 112(f)
> 50 feet
SUP
--
--
--
21- 112(f)
New Monopole Towers
0 to 85 feet
P
--
-- --
21-112(c)
> 85 feet
SUP
--
-- --
21- 112(0
Alternative Mounting Structures
0 to 100 feet
P
SUP
SUP
Stealth
21- 113(a)
& (c)
> 100 feet
SUP
SUP
SUP
Stealth
21- 113(b)
& (c)
Antenna Only Mountings
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Key:
* Non - residential and multifamily structures only.
* * Non - residential structures in excess of 5000 square feet of floor area.
* ** Non - residential structures in excess of 100,000 square feet of floor area.
Division 3. Special Use Permits
Sec. 21 -121. Purpose.
This division provides the city council the opportunity to deny or to conditionally
® approve those uses for which special use permits are required. These uses generally have unusual
Telecommunication Facility Type
MU
UN
NC
Scenic
Conditions
Corridor
Electric Transmission Towers
P
P
P
Stealth
21-114
(1)(B)
Existing Telecom Towers > 40 feet
P
P
P
Stealth
21 -114
(1)(A)
Utility Poles > 40 feet
P
P
P
Stealth
21-114
(1)(A)
Light Poles > 40 feet
P
P
P
Stealth
21-114
(1)(A)
Conforming and permitted ground signs
P
P
P
Stealth
21-114
(1)(D)
Building Mounted Panels
Stealth
Stealth*
Stealth*
Stealth
21 -114
(1)(E)
Building Mounted Whips
P
P*
P*
Stealth
21 -114
(1)(F)
Roof Mounted Arrays
P **
P **
P **
Stealth
21-114
(1)(G)
Dish Antenna Mountings
Building/Roof Mounted < I dia.
P
P
P
Stealth
21-114(2)
(A) & (D)
Building/Roof Mounted <2m dia.
P **
P*
P*
Stealth
21-114(2)
(A), (E) &
(F), (H)
Building/Roof Mounted > 2m dia.
P***
--
--
Stealth
21 -1 14 (2)
(A), (G) &
(1)
Ground Mounted < 3m dia.
P
P
P
Stealth
21 -1 14 (2)
(A), (B) &
(C)
Ground Mounted > 3m dia.
P
--
--
Stealth
21 -1 14 (2)
(A), (B) &
(C)
Ground Mounted < 10 feet high
P
P
P
Stealth
21 -1 14 (2)
(A), (B) &
(C)
Ground Mounted > 10 feet high
P
--
--
Stealth
21 -1 14 (2)
(A), (B)
&(C)
Key:
* Non - residential and multifamily structures only.
* * Non - residential structures in excess of 5000 square feet of floor area.
* ** Non - residential structures in excess of 100,000 square feet of floor area.
Division 3. Special Use Permits
Sec. 21 -121. Purpose.
This division provides the city council the opportunity to deny or to conditionally
® approve those uses for which special use permits are required. These uses generally have unusual
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nuisance characteristics or are of a public or semipublic character often essential or desirable for
the general convenience and welfare of the community. Because, however, of the nature of the
use, the importance of the use's relationship to the comprehensive plan, or possible adverse
impact on neighboring properties of the use, review, evaluation, and exercise of planning
judgment relative to the location and site plan of the proposed use are required.
Sec. 21 -122. Permit required.
A building permit shall not be issued for any use to be located in a zoning district which
permits that use only as a special use unless a special use permit has first been issued in
accordance with the provisions of this division.
Sec. 21 -123. Application.
(a) All applications for a special use permit for a telecommunications tower, antenna, or
other facilities to provide a telecommunications service shall be filed with the director of
planning and community development. The application shall be accompanied by a site
plan which, along with the application, will become a part of the special use permit, if
approved. The accompanying site plan shall provide the following information:
(1) Data describing all processes and activities involved with the proposed use;
(2) Boundaries of the area covered by the site plan;
(3) The location of each existing and proposed building and structure in the area
covered by the site plan and the number of stories, height, roofline, gross floor
area of any such building or structure;
(4) The location of existing drainageways, and significant natural features;
(5) Proposed landscaping and screening buffers;
(6) The location and dimensions of all curb cuts, public and private streets, parking
and loading areas, pedestrian walks, lighting facilities, and outside trash storage
facilities; and
(7) The location, height and type of each wall, fence, and all other types of screening.
(b) Unless an exception is granted by the city council, telecommunications facilities
requiring a special use permit, including towers and related equipment buildings, shall be
located on a platted lot.
(c) When a special use permit is required to comply with the provisions of this article and
when the technical information provided by the applicant is beyond the technical capacity
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980528 -21
of the city staff to review the applicant, in addition to the usual application fee, shall
is reimburse the city for the actual cost to the city for the services of a technical expert to
review the application and/or information supplement, up to a maximum of $5,000
dollars.
(d) Prior to leasing or purchasing facilities, the telecommunication service provider is
encouraged to meet with the director of planning and community development or his/her
designee to determine if the location will require a special use permit or other approvals,
and to review the merits of potential locations.
Sec. 21 -124. Staff report.
After determining that the application submitted under this article is complete, the
director of planning and community development shall prepare a staff report, which may include
a recommendation for approval or disapproval based upon the criteria in section 21 -128. A copy
of the staff report on a proposed special use permit shall be mailed to the applicant at least five
days prior to the public hearing on the application.
Sec. 21 -125. Public hearings.
The notification and public hearing process for a special use permit or revocation thereof
shall be the same as set forth in chapter 130, article 1I, division 2, subdivision IV of this code.
Sec. 21 -126. Recommendation by commission.
The commission shall, after due notice, conduct a public hearing on the application and
shall consider the staff report submitted as provided in section 21 -124 hereof. At the public
hearing, the commission shall consider the application, staff report, the relevant support
materials and public testimony given at the public hearing. After the close of the public hearing,
the commission shall prepare and deliver a report and recommendation to the city council to
approve or disapprove the proposed special use permit based upon the criteria set forth in section
21 -128.
Sec. 21 -127. Decision by council.
After receiving the final report of the commission, the city council shall, after due notice,
conduct a public hearing on the proposed special use permit. At the public hearing the city
council shall consider the application, the staff report and the relevant support materials and the
public testimony given at the public hearing. After the close of the public hearing, the city
council shall approve or disapprove or approve with conditions the special use permit. Such
decision shall be in writing and supported by substantial evidence.
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C]
Sec. 21 -128. Conditions for approval.
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A special use permit shall be i "ssued only if all of the following conditions have been
(1) That the specific use will be compatible with and not injurious to the use and
enjoyment of other property, nor significantly diminish or impair property values
within the immediate vicinity in any material way;
(2) That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding property;
(3) That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
(4) The adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise and vibration;
(5) That there are sufficient landscaping, screening, setbacks and other land use
measures to ensure harmony and compatibility with adjacent property; and
(6) That the proposed use is in accordance with the comprehensive plan and generally
consistent with this code.
Sec. 21 -129. Additional conditions.
In authorizing a special use permit, the city council may impose additional reasonable
conditions necessary to protect the public interest and welfare of the community.
Sec. 21 -130. Time limit.
A special use permit issued under this division shall expire one year after its date of
issuance if construction or use authorized thereunder is not substantially under way as
determined by the chief building official prior to the expiration of the one -year period; provided,
however, if, prior to the expiration of such one -year period, the owner of property to which a
special use permit applies requests an extension thereof, the city council may approve such
extension for not more than one additional year.
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Sec. 21 -131. Revocation.
A special use permit may be revoked or modified, after notice and hearing, for either of
the following reasons:
(1) The special use permit was obtained or extended by fraud or deception; or
(2) That one or more of the conditions imposed by the permit has not been met or has
been violated.
Sec. 21 -132. Amendments.
The procedure for amendment of a special use permit shall be the same as for a new
application, provided, however, that the city manager may approve minor variations from the
original permit which do not result in any increase in external impact on adjacent properties or
neighborhoods.
Sec. 21 -133. Processing fee.
A processing fee of $300.00 shall be required for the processing of each special use
permit request. Until the processing fee is paid in full, no action shall be taken on any application
or appeal.
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 the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
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980528 -2o
® INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 28`h day of May, 1998.
e az'
PETE C. ALFARO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
® c: klh891 CouncillOrdinance\ TelecommunicationsOrdinanceRevised52198 .Clean
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