Ordinance No. 9,389Published in the Baytown Sun
on July 31, 2002 and
August 1, 2002 ORDINANCE NO. 9389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 18 `BUILDINGS AND BUILDING
STANDARDS," ARTICLE XI "LANDSCAPING" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING' CHAPTER 18
"BUILDINGS AND BUILDING STANDARDS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE XI "LANDSCAPING ";
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; 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 "Buildings and Building Standards," Article XI
"Landscaping" of the Code of Ordinances, Baytown, Texas, is repealed in its entirety.
Section 2: That Chapter 18 `Buildings and Building Standards" of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new article to be numbered and
entitled Article XI "Landscaping," which said article reads as follows:
CHAPTER 18. BUILDINGS AND BUILDING STANDARDS
ARTICLE XI. LANDSCAPING
Sec. 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) 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 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 offrees 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.
(c) 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.
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. The removal of any portion of an existing building is not
required for compliance with this subsection (c)(1)b.
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 nonresidential 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 part of a
structural remodeling, redevelopment or reconstruction project.
(2) All landscaping requirements under this article shall run with the land and
® shall apply against any owner or subsequent owner.
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® (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 3/4 of an acre.
(4) This article shall have no application to nonresidential developments with
parking lots of less than 5,000 square feet.
(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.
Commission means the city's growth management and development advisory commission as
presently constituted, or any successor commission.
Developed land means that portion of real property which has been altered from its natural
landscape by the construction or reconstruction of any structure, parking lot, or other
improvement.
® Director means the director of planning, community development and inspections.
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® Duplex dwelling use means the use of a lot for two dwelling units within a single building or
structure.
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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 a tree which is located on the property prior to a new construction permit
being issued by the city.
Groundcover means a spreading plant including sods and grasses less than 18 inches in height
that may be used for erosion control.
Impervious surface area means any surface area that prevents infiltration of water into the soil.
Impervious surface may include, but not be limited to, those surfaces covered by asphalt,
concrete, crushed stone, clay, bedrock, limestone and compacted soil.
Landscape reserve means undeveloped property which is left in its natural state and is of
sufficient size for the growth of plants and trees.
Mulch means various substances that are placed around plants to prevent evaporation, to control
weeds and to control soil erosion. Mulch material includes, but is not limited to, organic
substances and various forms and sizes of natural rocks.
Multi family dwelling means the use of a lot for three or more dwelling units within a single
building.
New commercial permit means a building permit required for the construction and/or
development of all new nonresidential developments.
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 and satisfying all of the applicable
requirements for off - street parking contained in chapter 112.
Shade tree means any self- supporting woody plant with one well - defined trunk and a distinct
definite formed crown.
Small tree means any self - supporting plant with one well - defined trunk and a distinctly defined
formal crown and achieving a maximum height of twenty feet. A crepe myrtle tree will be
considered a small tree if the diameter of all of its trunks combined is at least two inches. A list
of small trees is available in the Planning Department.
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® 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.
Streetscape means the landscaping along the property adjacent to the street rights -of -way as
required to be landscaped pursuant to this article.
Tree means any self - supporting woody plant with one well - defined trunk two inches in diameter
or greater.
Sec. 18 -1203. Eligible trees, shrubs, and groundcover.
All forms of landscaping are suitable including flowers, ground cover, shrubs, trees and the
various forms and sizes of mulch. Unless expressly stated otherwise, all trees shall be a
minimum of five feet in height immediately upon planting and have a minimum two -inch
caliper. All shrubs must be a minimum of 11/2 feet in height when planted. Plant height shall be
measured from average grade after planting.
Sec. 18 -1204. Landscape plan requirements.
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When a new commercial permit is required, the owner• shall provide the director 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 and the square
footage of the total off - street parking area;
(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 of two (2)
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.
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Sec. 18 -1205. Landscaping requirements.
(a) The owner of the property on which an off - street parking area is Iocated shall be
required to provide interior landscaped open spaces for any parking lot 5,000 square feet or
larger. All areas within the parking lot's perimeter are counted toward the landscape requirement,
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:
Percent of the Off - street Parking Area that
Total Off - street Parking Area must be a Landscaped Open Space
Area
5,000 -9,999 square feet 5 percent
Over 9,999 square feet 7 percent
At least 50 percent of the required 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. The remaining 50 percent of the required landscape open space may be located outside
of the parking lot, but must be located forward of the rear building line of the primary structure
and be visible from the public street.
(b) A minimum of one shade tree and four (4) shrubs 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 director:
Existing Tree Caliper
2 -6 inches
Over 6 -12 inches
Over 12 inches
Tree Credit
1
2'
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(c) Groundcover or mulch 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 director. 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
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® 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
nonresidential property subject to this article shall be required to provide streetscape.
Streetscape shall be required along the entire length of the property which is adjacent to a street
right -of -way and on which developed land is located. Nothing in this subsection shall be
construed as to require streetscape on undeveloped land. Streetscapes shall be no less than six
feet wide.
(b) For every 30 linear feet of frontage on a street right -of -way, the owner of
developed land must plant at least one small tree on such land at a location which is adjacent to a
street right -of -way where overhead utility lines are present. Any tree species may be planted
where overhead utility lines are not present.
(c) Streetscape shall be required along the entire length of the street right -of -way,
except that streetscape shall not be required across driveways or within eight feet of a driveway.
All eligible forms of landscaping may be planted within the streetscape area. For every 30 linear
feet of frontage, excluding driveways, on a street right -of -way, the owner of developed land shall
provide a minimum of eight (8) shrubs, no less than 1 %z feet high. Shrubs and trees may be
planted anywhere within the required streetscape, clustered or dispersed, provided that planting
density is consistent with adequate room for future plant growth. Landscaping no less than 1 %z
feet high comprised of a minimum of eighi shrubs for every 30 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 shall not be required across driveways, or within eight feet of a driveway.
(d) The owner of the property shall place and maintain the trees, shrubs, and other
landscaping so as not to cause a visual obstruction and so as not to violate section 122 -3.
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 director for a variance from the requirements of this article. A
completed application for a variance shall be submitted on a form supplied
by the director. This application package shall be reviewed by the director
in order to determine whether the application is complete.
0 (2) After the application is deemed complete, the director shall file his report
and recommendations regarding the proposed variance with the secretary
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® of the commission. A copy of the director'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.bf 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
speci#ic property and use upon which the commission was requested to grant a variance by the
applicant. All variances granted shall be in writing, signed by the chairman 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
provided in section 1 -14.
Section 3: 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 NO 1100 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 4: All ordinances or parts of ordinances inconsistent with the terns 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.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 25th day of July, 2002.
PETE C, ALFARO, Mayor
ATTEST:
jlw'z�s.� ' i
GAR W.. ITH, City Clerk
APPROVED AS TO FORM:
C,41�z�'Ood�
4VNACIO RAMIREZ, S ity Attorney
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