Ordinance No. 8,626Published in The Baytown Sun: 990708 -2
Wednesday, July 14, 1999, and
Thursday, July 15, 1999
ORDINANCE N0. 8626
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 18 "BUILDINGS," ARTICLE XI "LANDSCAPING," SECTION 18-
1201 "GENERAL REGULATIONS," SUBSECTION (B) "APPLICABILITY"
AND THE DEFINITION OF "NEW COMMERCIAL PERMIT" CONTAINED
IN CHAPTER 18 "BUILDINGS," ARTICLE XI "LANDSCAPING," SECTION
18 -1202 "DEFINITIONS" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, REPEALING CHAPTER 18 "BUILDINGS," ARTICLE
XI "LANDSCAPING," SECTION 18- 1206 "STREETSCAPE," SUBSECTION
(D) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS;
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," Article XI "Landscaping," Section 18 -1201
"General Regulations," Subsection (b) "Applicability" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18 BUILDINGS
ARTICLE XI. LANDSCAPING
See. 18 -1201. General Regulations.
(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. When remodeling, redevelopment or reconstruction is proposed
on nonresidential property that would result in an expansion of gross floor area,
parking lot area, or vehicular surface area, the following provisions apply:
(a) When remodeling, redevelopment or reconstruction is proposed on
nonresidential property that would expand existing gross floor area of the
lot's structure or structures by less than 50 percent, only the portion of the
site where the expansion is located is subject to the provisions of this
article.
990708 -2a
(b) When remodeling, redevelopment reconstruction or expansion is proposed
on nonresidential property that would expand existing gross floor area of
the lot's structure or structures by 50 percent or more, the entire property
must comply with the provisions of this article.
(c) When parking lot or vehicle surface area improvements are proposed that
would result in an impervious surface expansion of 25 percent or greater,
or would result in impervious surface reconstruction amounting to 25
percent or greater, requirements of section 18 -1206 shall be applied only
to the area where the expansion or reconstruction occurs. This provision
shall apply only when such improvements are not part of a structural
remodeling, redevelopment or reconstruction proposal.
(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 construed 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 ' /4 of an acre.
Section 2: That the definition of "new commercial permit" contained in Chapter 18
"Buildings," Article XI "Landscaping," Section 18 -1202 "Definitions" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18 BUILDINGS
ARTICLE XI. LANDSCAPING
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.
New commercial permit means a building permit required for the construction and/or
development of all new nonresidential developments.
Section 3: That Chapter 18 "Buildings," Article XI "Landscaping," Section 18 -1206
"Streetscape," Subsection (d) of the Code of Ordinances, City of Baytown, Texas, is hereby
repealed in its entirety.
990708 -2b
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 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 8h day of July, 1999.
,9� c g:��
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, Sktity Attorney
c:klh 1 78\CityCouncil\Ordinanccs \LandscapingRevisionsOrdinance