Ordinance No. 14,378ORDINANCE NO. 14,378
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 "BUILDING AND BUILDING
REGULATIONS," ARTICLE XIV "LANDSCAPING," SECTION 18-1202
"DEFINITIONS" TO ADD THE DEFINITION OF "LARGE TREE," AND
REVISE THE DEFINITIONS OF "DIRECTOR" AND "SMALL TREE";
SECTION 18-1206 "STREETSCAPE"; SECTION 18-1206.5 "VEGETATIVE
AND TRANSITION BUFFER ZONES," SUBSECTION (D) "EXEMPTION";
SECTION 18-1206.5 "VEGETATIVE AND TRANSITION BUFFER ZONES,"
SUBSECTION (E) "LANDSCAPING REQUIREMENTS," SUBSECTION (1)
"VEGETATIVE BUFFER ZONE" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO AMEND THE CURRENT STREETSCAPE,
VEGETATIVE BUFFERS, AND LANDSCAPE REQUIREMENTS;
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL,"
SECTION 126-1 "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO RENAME AND REVISE THE TERMS AND
DEFINITIONS ASSOCIATED WITH "INTERSTATE OR EXPRESSWAY"
AND "PRINCIPAL ARTERIAL" ; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO: 100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 18 "Building and Building Regulations," Article XIV
"Landscaping," Section 18-1202 "Definitions" of the Code of Ordinances, Baytown, Texas, is
hereby amended to add the definition of "large tree," and revise the definitions of
"director" and "small tree," which definitions shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
See. 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.
Director means the director of planning and development services.
Large tree means a tree, under normal growth conditions, that reaches a mature height at
or above forty (40) feet. A tree that, at the time of planting, is at least twelve (12) feet tall above
grade and has a minimum caliper of three (3) inches.
Small tree means a type of tree that, under normal growth conditions, that reaches a
mature height between twenty (20) and forty (40) feet. A tree that, at the time of planting, is at
least six (6) feet tall above grade and has a minimum caliper of two (2) inches.
Section 2: That Chapter 18 "Building and Building Regulations," Article XIV
"Landscaping," Section 18-1206 "Streetscape" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1206. - Streetscape.
(a) In addition to the landscaping requirements of section 18-1205, the owner of
nonresidential property subject to this article shall be required to provide streetscape
as described in this section and as depicted in Figure 18-1 "Streetscape Layout."
Nothing in this subsection shall be construed as to require Streetscape on undeveloped
land. Streetscapes shall be no less than six feet wide.
(b) Streetscape shall be required along the entire length of the property which is adjacent
to a street right-of-way, except that streetscape shall not be required across driveways.
(c) Streetscape shall include an area beginning at the property line which is adjacent to a
street right-of-way, extending into the private property to establish the required width as
listed in this section.
(d) The streetscape's trees, shrubs, ground cover, and other landscaping shall be placed
and maintained so as not to cause a visual obstruction and so as not to violate section
122-3.
(e) Streetscapes shall be adequately watered using one of the following methods:
(1) Automatic irrigation system; or
(2) Manual watering, if all parts of the landscape improvements are within 100 feet
of one or more hose bibs, and if a nonresidential streetscape improvement does
not exceed 1,500 square feet.
(f) Streetscape width shall be determined by the street classification as identified by the
City's Major Thoroughfare Plan and shall be as follows:
Local 1 6 feet
`a
(g)
Classification
Collector
Mininitini Streetscape Width
6 feet
Minor Arterial
Lot Size
Minimum Street Width
1 acre or less
6 feet
More than 1 acre
12 feet
Major Arterial
Lot Size
Minimum Street Width
1 acre or less
6 feet
More than 1 acre
12 feet
Freeway
25 feet
Streetscape planting installation.
(1) Within a streetscape, large trees can be substituted with small trees where
overhead utility lines will conflict with the large tree at or before the tree grows to
its mature height.
(2) All trees and shrubs are to be planted in an organized fashion and in such a way as
to facilitate the creation of a visual screen.
(3) Local and/or collector. The streetscape along local and collectors street shall be
planted with either large or small trees, planted 30 feet on center, with eight
shrubs, not less than two feet in height, for every 30 feet.
(4) .'Minor and major arterials. The streetscape along a major and/or minor arterial
street shall be planted with either large or small trees, planted 30 feet on center,
with eight shrubs not less than two feet in height for every 30 feet to form an
intermittent hedge. No less than 50 percent of the tree plantings shall be large
trees along minor and major arterials.
(5) Freeway
a. The streetscape along a freeway shall be planted as a staggered double row
consisting of small evergreen trees on the front row, and large trees on the
back row.
b. The front row of trees shall be planted 20 feet on center
C. A minimum of 50% of the back row shall be planted with evergreen trees.
This row shall consist of large trees planted 25 feet on center.
d. A minimum of 8 shrubs, not less than two feet in height, for every 20 feet
forming an intermediate hedge, shall be planted in the front row.
18-1.
R.O.W.
—--—--——————————————————————-
Private Property
°o°o°o°ova so o°o°c`�o°o°o°Local 6 feet
°boo°a°o°v
Collector 6 feet
Streetscapes
'�Oo°o o°o •I00000000 'f.00°o°o o ��°°°o
30 feet
Arterial `i; r1; • 12 feet
Streetscape
30 feet 20 feet
Freeway
25 feet
Streetscape
25 feet
[cl]
Large Tree k�1�
Small Tree (ef
Shrub
(6) Appropriate tree planting species. Appropriate shade tree species for streetscape
and buffers include the following:
Table 18-1. Tree Species
Lacebark Elm ♦ (1)
Buffer
(Ulmus arvifolia)
X
X
x
Southern Magnolia ♦♦ (1)
(Magnolia randiFlora)
x
x
x
Live Oak ♦♦ (1)
uercus vi iniana)
x
x
x
American Holly ♦♦ (1)
(Ilex o aca)
x
x
x
Montezuma Cypress ♦♦ (1)
(Taxodium mucronatum)
x
x
x
Eastern Redcedar ♦♦ (1)
(Juni eras vir iniana)
X
x
x
Common Crapemyrtle ♦(s)
(La erstroemia indica)
x
x
Waxmyrtle ♦*(s)
(Myrica cerifera)
x
x
x
x
Yaupon ♦*(s)
(Ilex vomitoria)
x
x
x
x
4
Species
Little Gem Magnolia*+ (s)
Local/collector
Arterial
Freel�"Iv
LI
(Magnolia grandiflora)
X
X
X
Sweetbay Magnolia ♦♦ (s)
(Magnolia virginiana)
X
X
X
x
Foster Holly ♦♦ (s)
(Ilex x attenuata Tosteri)
X
X
x
Flowering Dogwood ♦ (s)
(Comus florida)
X
X
Nellie Stevens Holly ♦♦ (s)
(Ilex x)
x
x
X
(s) — small tree (1) — large tree ♦ - deciduous tree ♦♦ - evergreen tree
(h) Variances.
(1) The director has the authority to approve variations to the streetscape tree
species and the layout of the streetscape plantings as set forth in this section, so
long as the number of required plantings and the size of the required plantings
meet the intent of this article.
(2) Any person, wishing to appeal the director's denial of a variance pursuant to
subsection (h)(2), may file a completed application for a variance pursuant to
section 18-1207 within 30 days after the director's decision. Such variance
request shall follow the process and procedures therein established.
(i) Exceptions. The following shall be exempt from the streetscape requirements set forth
in this section:
(1) a lot that is permitted to have a lot coverage greater than 91 %, or
(2) a lot that is:
a. 21,780 square feet or less and
b. adjacent to property developed with nonresidential land uses, which
adjacent property does not have an existing streetscape.
Section 3: That Chapter 18 "Building and Building Regulations," Article XIV
"Landscaping," Section 18-1206.5 "Vegetative and transition buffer zones," Subsection (d)
"Exemption" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
E
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1206.5. - Vegetative and transition buffer zones.
(d) Exemption. Where vegetative and transition buffer zones are required, the property
shall be exempt from section 18-1206 but must provide interior landscaped open space,
as required by section 18-1205 for parking areas located in the front yard of the
development. Side and rear yard parking areas are not required to provide interior
landscaped open space.
Section 4: That Chapter 18 'Building and Building Regulations," Article XIV
"Landscaping," Section 18-1206.5 "Vegetative and transition buffer zones," Subsection (e)
"Landscaping requirements," Subsection (1) "Vegetative buffer zone" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1206.5. - Vegetative and transition buffer zones.
(e) Landscaping requirements. The landscaping requirements of this subsection are
intended to provide a continuous vegetative screening of the district or land use. The
following contain the minimum standards; however, additional plantings or other forms
of opaque screening may be required to accomplish this purpose.
(1) Vegetative buffer zone. Vegetative buffer zones shall have a minimum width
of 50 feet.
a. LI zoning district. Vegetative buffer zones in a LI zoning district shall be
in accordance with the following and as depicted in Figure 18-2
"Vegetative Buffer Zone Layout":
1. LI zone 1 shall include an area adjacent to the property line,
beginning at the property line and extending into the private
property for a distance of 25 feet. The owner shall plant and
maintain at least the following in LI zone 1:
i. A staggered double row consisting of small evergreen trees
on the front row, and large trees on the back row.
ii. The front row of trees shall be planted 20 feet on center.
2
iii. A minimum of 50° o of the back row shall consist of large
evergreen trees.
iv. The back row shall be planted 25 feet on center.
V. A minimum of 8 shrubs, not less than two feet in height, for
every 20 feet forming an intermediate hedge, shall be
planted in the front row along the right-of-way.
vi. Groundcover extending for 25 feet measured from the
outside boundary of the LI zone 1, which groundcover
shall be maintained in accordance with article II
of chapter 42.
2. LI zone 2 shall include an area adjacent to LI zone 1, beginning at
the interior boundary of LI zone 1 and extending into the property
for a minimum distance of 25 feet. In LI zone 2, the owner shall
plant and maintain at least the following:
i. A row of large trees planted 15 feet from the inner
boundary of LI zone 2.
ii. The trees shall be planted 25 feet on center.
iii. Such trees shall be offset 12.5 feet from the trees in the
back row of LI zone 1.
Figure 18-2. Vegetative Buffer Zone Layout
VEGETATIVE LI ZONING DISTRICT
BUFFER
ZONE 15'
ZONE 2 2525'
LARGE TREES
- - - - - - - - - - - - - - 12.5' 20'
OFFSET
ZONE 1. 25 ' ` 25'
5' LARGE TREES/ SMALL
-� TREES/ SHRUBS
GRASS THAWS MAINTAINED MQPERJ.)LLAR -
R.O.W.
OUTER BOUNDARY
VEGETATIVE BUFFER ZONE
STREET
7
b. I -II zoning district. Vegetative buffer zones in an III zoning district shall
be in accordance with the following and as depicted in Figure 18-3
"Vegetative Buffer Zone Layout":
1. HI zone 1 shall include an area adjacent to the property line,
beginning at the property line and extending into the private
property for a distance of 25 feet. The owner shall plant and
maintain groundcover extending throughout the entire HI zone 1,
which shall be maintained in accordance with article II of chapter
42.
2. HI zone 2 shall include an area adjacent to HI zone 1, beginning at
the interior boundary of HI zone 1 and extending into the property
for a minimum distance of 25 feet. The owner shall plant and
maintain at least the following in HI zone 2:
i. Mixture of small trees and shade trees, which shall be
planted every 30 linear feet, 15 feet from the inside
boundary of HI zone 1; provided, however, that no more
than 50 percent of trees may be small trees; and
ii. Eight shrubs for every 30 linear feet evenly spaced.
HI zone 2 shall be maintained so as to allow native trees, shrubs,
vines, and other forms of vegetation to grow.
3. HI zone 3 shall include an area adjacent to HI zone 2, beginning at
the interior boundary of HI zone 2 and extending into the property
for a minimum distance of 25 feet. In HI zone 3, the owner shall
plant and maintain the following:
i. At least one shade tree every 30 linear feet with centers
ten feet from the inner boundary of H I zone 2. Such trees
shall be offset ten feet from the trees in HI zone 2; and
ii. At least one shade tree every 30 linear feet with centers 20
feet from the inner boundary of HI zone 3. Such trees
shall be offset ten feet from the trees required in
subsection (e)(1)(b)(2)(i).
HI zone 3 shall be maintained so as to allow native trees, shrubs,
vines, and other forms of vegetation to grow naturally.
8
rigure 18-1. Vegetative YgJJer Lone Layout
VEGETATIVE
BUFFER HI ZONING DISTRICT
ZONE
2 0 ' ILARGE TREES EVERY
301 30 LINEAR FEET,
�.�Ir OFFSET 30 FEET
JL FROM TREES IN
ZONE 3 500' 20' ZONE z
30'
E>
10� FSET 20 OFFS - - - - - - - - - - O
' O
ZONE 2 25LARGE TREES
1S� - - - 15 I SMALL EVERGREEN
- - - - - - - _ - - TREES &SHRUBS
ZONE 1 2 5 ' GRASS THAT'S MAINTAINED 12 5 '
- E$OPFLU L= V i
R.O.W. OUTER BOUNDARY
VEGETATIVE BUFFER ZONE
Section 5: That Chapter 126 "Subdivisions," Article I "In General," Section 126-1
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to rename and
revise the terms and definitions associated with "interstate or expressway" and "principal
arterial," which terms as revised shall read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Interstate, expressway, or freeway means a multilane divided street network, including
the frontage streets that provide ingress and egress to controlled access lanes, as indicated on the
major thoroughfare plan.
Principal or major arterial means a street so indicated on the major thoroughfare plan,
such plan being on file with the director of planning and community development.
Section 6: 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 7: 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 8: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO100 DOLLARS ($500.00). Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies, such as abatement of nuisances, injunctive
relief, administrative adjudication and revocation of licenses or permits.
Section 9: 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.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 91h day of April, 2020.
BRANDON CAPETILLO, 14ayor
ATT T:
LETICIA BRYSCH, City erk
APPROVED AS TO FORM:
G ACIO RAMIREZ, SR., Attorney
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