Ordinance No. 8,345Published in the Baytown Sun
Tuesday, July 28 and,
Wednesday, July 29, 1998
ORDINANCE NO. 8345
98U / LS -1
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 18 "BUILDINGS" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY ADDING ARTICLE XI "LANDSCAPING ";
PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND
NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 18 "Buildings" of the Code of Ordinances, City of Baytown,
Texas, is hereby amended by adding an article to be numbered and entitled Article XI
"Landscaping," which article reads as follows:
CHAPTER 18 BUILDINGS
ARTICLE XI. LANDSCAPING
See. 18 -1201. General regulations.
(a) Title. This article shall be known and may be referred to as the "Landscaping Ordinance
of the City of Baytown" or simply as the "Landscaping Ordinance."
(b) Applicability. The provisions of this article shall apply to all nonresidential
developments, as that term is defined in section 18 -1202, within the city, unless
specifically provided otherwise in this article.
(1) The landscaping provisions contained in this article shall become applicable to
each individual nonresidential lot at the time an application for a new commercial
permit is made.
(2) All landscaping requirements under this article shall run with the land and shall
apply against any owner or subsequent owner.
(3) Each phase of a phased project shall comply with the requirements of this article.
If the nonresidential development is to be constructed in phases, phase lines shall
be drawn 20 feet or more from developed site elements (parking, buildings,
ponds, etc.). The portion of the land remaining for subsequent phases shall be no
less than three - fourths of an acre.
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® (c) Purpose. This article is adopted for the purpose of promoting the public health,
safety and general welfare of the citizens of the city and is intended to achieve one or
more of the following:
(1) to create an aesthetically pleasing environment that improves the quality of life
for citizens;
(2) to enhance property values and to protect public and private investment;
(3) to provide visual buffering and promote the beautification of the city;
(4) to provide adequate light and air space;
(5) to prevent overcrowding of land;
(6) to ensure that the local stock of native trees and vegetation is replenished; and/or
(7) to stabilize the environment's ecological balance by contributing to the processes
of air purification, oxygen regeneration, ground water recharge, storm water
runoff, and soil erosion retardation, while at the same time aiding in noise, glare
and heat abatement.
(d) Inconsistent Provisions and Conflict with other Regulations. In the event that any
provision of this article is inconsistent or in conflict with any other provision of this
article or any other ordinance or regulation of the city, the more stringent provision shall
control, unless otherwise specifically stated.
(e) Transitional Provisions.
(1) Building Permits. Except as specifically provided in this article, the provisions of
this article shall not affect any valid building permit issued or any valid building
permit application filed prior to August 2, 1998, provided that construction
pursuant to such permit, is commenced within six months of the date of issuance
of the permit and diligently pursued, as determined by the chief building official,
to completion in accordance with the applicable regulations of the city.
(2) Subdivision Plats. Except as specifically provided in this article, the provisions of
this article shall not affect any preliminary plat or final plat approved pursuant to
the regulations of chapter 126.
Sec. 18 -1202. Definitions.
For the purpose of interpreting and administrating the provisions of this article, 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.
Caliper means the diameter of a tree at 18 inches above ground level.
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® Commission means the city's growth management and development advisory commission as
presently constituted, or any successor commission.
Duplex dwelling use means the use of a lot for two dwelling units within a single building or
structure.
Dwelling unit means a building or portion of a building that is arranged, occupied or intended to
be occupied as a residence and includes facilities for sleeping, cooking and sanitation.
Existing tree means any self- supporting woody plant with one well - defined trunk four inches in
diameter or greater.
Groundcover means a spreading plant including sods and grasses less than 18 inches in height
that may be used for erosion control.
Landscape reserve means undeveloped property which is left in its natural state and is of
sufficient size for the growth of plants and trees.
Multi family dwelling means the use of a lot for three or more dwelling units within a single
building.
New commercial permit is a building permit required for the construction and/or development of
all new nonresidential developments. The landscaping requirements of this article shall not apply
to additions that do not exceed one -half of the square footage of the existing building space.
Nonresidential means any use other than single- family or duplex dwelling use, and expressly
includes, but is not limited to, uses associated with multi - family dwellings, manufactured home
parks, mobile home parks, RV parks and commercial developments within the city.
Parking space means a space used for parking a motor vehicle that is not less than nine feet
wide, 19 feet long and that contains not less than 171 square feet.
Shade tree means any self - supporting woody plant with one well- defined trunk and a distinct
definite formed crown. A crepe myrtle tree will be considered a shade tree if the diameter of all
of its trunks combined is at least four inches.
Shrub means a woody perennial plant differing from a perennial herb by its more woody stem
and from a tree by its low stature and habit of branching from the base.
Single family dwelling use means the use of a lot for one dwelling unit.
Sec. 18 -1203. Eligible Trees, Shrubs, and Groundcover
Unless expressly stated otherwise, all trees shall be a minimum of six feet in height
40 immediately upon planting and have a minimum two -inch caliper. All shrubs must be a
minimum of one and one -half feet in height when planted.
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® Sec. 18 -1204. Landscape Plan Requirements.
When a new commercial permit is required, the owner shall provide the chief building
official as part of his construction documents a landscape plan containing the following
information:
(1) the location of existing boundary lines and dimensions of the tract;
(2) the location of existing and proposed utility easements on or adjacent to the lot
and the location of overhead power lines and any underground utilities;
(3) a description of adjacent land uses, existing developments and roadways;
(4) the location, size and type of proposed landscaping in areas to be landscaped and
the size of proposed landscaped area;
(5) the location, species and diameter of existing trees having a caliper four inches or
larger. Landscape reserves with numerous trees may be outlined with a
description of existing trees to be preserved; and
(6) all other information necessary for verifying that the minimum landscaping
requirements have been satisfied pursuant to this article.
See. 18 -1205. Landscaping requirements.
(a) The owner of the property on which an off - street parking area for any use is located shall
be required to provide interior landscaped open spaces for any parking lot 1,000 square
feet or larger. All areas within the parking lot's perimeter are counted, including the
planting islands, curbed areas, parking spaces, and all interior driveways and aisles. The
required landscape open space area shall be calculated as follows:
A landscaped open space shall be located within the parking lot as an island or as a
peninsula in order to be applied towards the landscaped requirements of this section.
(b) A minimum of one shade tree shall be planted and maintained for each 350 square feet or
portion thereof of landscaped open space area. Credit may be given or received for
preservation of existing trees as follows; provided, that the existing trees are located near
® or within the parking lot's perimeter, in good form and condition and reasonably free of
damage by insect, disease or other affliction, as determined by the chief building official:
n
Percent of the Off - street Parking
Total Off - street Parking
Area that must be a Landscaped
Area
Open Space Area
1,000 -4,999 sq. ft.
5%
5,000 sq. ft or larger.
7%
A landscaped open space shall be located within the parking lot as an island or as a
peninsula in order to be applied towards the landscaped requirements of this section.
(b) A minimum of one shade tree shall be planted and maintained for each 350 square feet or
portion thereof of landscaped open space area. Credit may be given or received for
preservation of existing trees as follows; provided, that the existing trees are located near
® or within the parking lot's perimeter, in good form and condition and reasonably free of
damage by insect, disease or other affliction, as determined by the chief building official:
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Existing Tree Caliper
Tree Credit
4 -6 inches
1
6 -12 inches
2
Over 12 inches
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(c) Groundcover is required in swales, drainage areas, parking lot islands, landscape reserves
and all unpaved portions of the property that is not otherwise used for a parking lot,
building site or other improvement.
(d) All persons subject to this ordinance must replace dead landscaping or landscaping that
has been removed by any means and for any reason within 45 days of receipt of written
notification by the chief building official. Failure to replace landscaping as required by
this section shall constitute a violation of this article punishable as provided in section 18-
1208.
(e) That portion of any off - street parking area, not otherwise required by section 112 -4 that is
located at a site primarily used for the storage of vehicles is exempt from the
requirements of this section. Additionally, public schools of an elementary or secondary
level and recreational areas owned by such schools shall be exempt from the
requirements of this section.
Sec. 18 -1206. Streetscape.
(a) In addition to the landscaping requirements of section 18 -1205, the owner of non-
residential property subject to this article shall be required to landscape along each side of
a parking lot that is adjacent to a street right -of -way. Such landscaping shall hereinafter
be termed "streetscape." Streetscapes shall be required along the entire length of the
parking lot adjacent to a public right -of -way. Streetscapes shall be no less than eight feet
wide.
(b) For every 30 linear feet of frontage on a street right -of -way, the owner of the property
must plant at least one tree on his property along each side of a parking lot that is
adjacent to such street right -of -way.
(c) A landscaping screen no less than one and one -half feet high comprised of a minimum of
ten shrubs for every thirty feet of frontage on a street right -of -way, excluding any
driveways shall be required along the entire length of the street right -of -way. The
landscaping screen shall not be required across driveways, or within eight feet of a
driveway. The owner of the property shall maintain the trees and shrubs so as not to
cause a visual obstruction and so as not to violate section 122 -3.
(d) An increase in the size of an existing parking lot by increasing the number of parking
spaces 25 percent or more shall result in the owner of the property being required to add
additional landscaping, if necessary, to conform to the requirements of this article.
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® Sec. 18 -1207. Variance.
(a) Appeals from the denial of a new commercial permit for non - compliance with this article
shall be made in the following manner:
(1) An applicant for a new commercial permit may make written application to the
chief building official for a variance from the requirements of this article. A
completed application for a variance shall be submitted on a form supplied by the
chief building official. This application package shall be reviewed by the chief
building official in order to determine whether the application is complete.
(2) Within seven days of the date the application is deemed complete, the chief
building official shall file his report and recommendations regarding the proposed
variance with the secretary of the commission. A copy of the chief building
official's report shall be provided to the applicant and to the commission at least
five days prior to the meeting at which the variance will be considered.
(3) The commission is authorized to consider and to grant variances from the
provisions of this article by majority vote of the members present at the meeting
at which a variance is being considered, when the commission determines that the
following conditions exist:
(a) the imposition of the terms, rules, conditions, policies and standards of this
article would deprive the owner or applicant of the property of reasonable
use of the land or building;
(b) the circumstances supporting the granting of the variance are not the result
of a hardship imposed or created by the applicant, and the general
purposes of this article are observed and maintained;
(c) the intent of this article is preserved; and
(d) the granting of such a variance will not be injurious to the public health,
safety or welfare.
(b) Any variance granted under the provisions of this section will apply only to the specific
property and use upon which the commission was requested to grant a variance by the
applicant. All variances granted shall be in writing, shall be signed by the chair or acting
chair of the commission and attested to by the secretary of the same, and maintained as a
permanent record of the commission.
Sec. 18 -1208. Penalty.
A person who violates any provision of this article, upon conviction, is punishable as
is provided in section 1 -14.
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Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or 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 4: This ordinance shall take effect from and after ten 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 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 23rd day of July, 1998.
a "4444...-
PETE C. ALFARO, Mayor
ATTEST:
EILEEN.,P. HALL, ity Clerk
APPROVED AS TO FORM:
=;P�
ACID RAMIREZ, ., City Attorney
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