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Ordinance No. 8,737991028 -9 ORDINANCE NO. 8737 ® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, ® AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XI "LANDSCAPING," SECTION 18 -1201 ."GENERAL-REGULATIONS," SUBSECTION ..(B)(1)(C) OF - THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That Chapter 18 "Buildings and Building Regulations," Article XI "Landscaping," Section 18 -1201 "General regulations," subsection (b)(1)(c) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS 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: (c) If within a three -year period the impervious surface area of a nonresidential development is increased by 25 percent or more or if within a three -year period 25 percent or more of the impervious surface area of a non - residential development is reconstructed, the 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 expansion or reconstruction is not a L' 991028 -9a 0 part of a structural remodeling, redevelopment or reconstruction project. . Section 2:- All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28th day of October, 1999. PETE C. ALFAR , Mayor ATTEST: EIL. •EEN- Y.` 1 IALL, City Clerk APPROVED AS TO FORM: 4WW_.Z" ��� - ACIO RAMIRE ,City Attorney c: klh202 \CityCounc il\ Ordinances \StreetscapeTimeLimitations 2 Ll