Ordinance No. 9,621ORDINANCE NO. 9621
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV
"BOARDS AND COMMISSIONS," DIVISION 3 "GROWTH MANAGEMENT
AND DEVELOPMENT ADVISORY COMMISSION"; DIVISION 4 "ZONING
COMMISSION," AND DIVISION 6 `BAYTOWN AREA COMMUNITY
LONG RANGE PLANNING COMMISSION' OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS; AND AMENDING THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A
DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3 "PLANNING
AND ZONING COMMISSION'; AMENDING CHAPTER 18 "BUILDINGS
AND BUILDING REGULATIONS," ARTICLE XIV "LANDSCAPING,"
SECTION 18 -1202 "DEFINITIONS"; CHAPTER 21 "CABLE AND
TELECOMMUNICATION REGULATIONS," ARTICLE III
"TELECOMMUNICATION REGULATIONS," DIVISION 1 "GENERALLY,"
SECTION 21 -101 "DEFINITIONS "; CHAPTER 114 "SEWER AND WATER
LINE EXTENSIONS," ARTICLE III "DEVELOPMENTS," SECTION 114 -66
"APPLICATION," SUBSECTION (A); CHAPTER 122 "STREETS AND
SIDEWALKS," ARTICLE IV "DEDICATION AND ACCEPTANCE OF
PUBLIC STREETS," SECTIONS 122 -187 "SUBMISSION OF DEDICATION
PROPOSAL," 122 -188 "REVIEW AND RECOMMENDATIONS," 122 -189
"MODIFICATION OF THOROUGHFARE PLAN," AND 122 -190
"PRELIMINARY APPROVAL OR DISAPPROVAL"; CHAPTER 126
"SUBDIVISIONS," ARTICLE I "IN GENERAL," SECTION 126 -1
"DEFINITIONS "; CHAPTER 126 "SUBDIVISIONS" ARTICLE III
"DEVELOPMENTS," DIVISION 5 "PRIVATE SUBDIVISION
DEVELOPMENT," SECTION 126 -443 "PETITION TO CONVERT TO
PRIVATE STREETS," SUBSECTION (B); AND CHAPTER 130 "ZONING,"
ARTICLE I "IN GENERAL," SECTION 130 -1 "DEFINITIONS" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH
THE ZONING AND PLANNING COMMISSION AND ITS DUTIES;
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 1: That Chapter 2 "Administration," Article IV `Boards and Commissions,"
Division 3 "Growth Management and Development Advisory Commission" of the Code of
Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 2: That Chapter 2 "Administration," Article IV `Boards and Commissions,"
Division 4 "Zoning Commission" of the Code of Ordinances, Baytown, Texas, is hereby
40 repealed in its entirety.
® Section 3: That Chapter 2 "Administration," Article IV `Boards and Commissions,"
Division 6 `Baytown Area Community Long Range Planning Commission" of the Code of
Ordinances, Baytown, Texas, is hereby repealed in its entirety.
•
Section 4: That Chapter 2 "Administration," Article IV "Boards and Commissions"
of the Code of Ordinances, City of Baytown, Texas, is hereby amended by adding a division to
be numbered and entitled Division 3 "Planning and Zoning Commission," which said division
reads as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
See. 2-316. Created.
An agency of the city council is created which shall be known as the planning and zoning
commission, and such commission shall consist of nine members.
Sec. 2 -317. Adjunct of city council; assistance of administrative personnel.
The planning and zoning commission is declared to be an adjunct of the city council. The
city manager and all other administrative personnel of the city are authorized and directed to
cooperate with and assist the commission at all reasonable times.
Sec. 2 -318. Relationship to prior commissions.
The planning and zoning commission is the successor to the Baytown Area Community
Long Range Planning Commission, the zoning commission, and the growth management and
development advisory commission, which was the successor to the planning and traffic
commissions. All actions taken by the prior commissions which required resubmittal of projects
to the commissions for final disposition shall be construed as requiring resubmittal of the
projects to the planning and zoning commission. Any reference in other sections of this Code to
the growth management and development advisory commission, the zoning commission, the
Baytown Area Community Long -Range Planning Commission or the planning commission or
traffic commission is to be construed to refer to the planning and zoning commission.
Sec. 2-319. Representation.
The city council shall strive to have the makeup of the planning and zoning commission
be demographically representative of the city.
tj
® See. 2-320. Appointments.
(a) Five members of the planning and zoning commission shall be appointed during odd -
numbered years, and four members shall be appointed during even - numbered years. One
member shall be appointed from the city's extraterritorial jurisdiction and the remaining
members shall be appointed from within the corporate limits of the city. Additionally, at
least one member shall be a representative of the real estate, development or building
industry, who is not an employee or official of a political subdivision or governmental
entity. Terms of such appointments shall begin on January 1 and extend for two calendar
years.
(b) The city council shall appoint seven of the commission members while the city manager
shall nominate, subject to city council confirmation, the remaining two members. One of
the city manager's nominees shall be a representative of the city's extraterritorial
jurisdiction and the other shall be a representative of the real estate, development or
building industry, who is not an employee or official of a political subdivision or
governmental entity. In making the initial appointments, the city council shall designate
four of their appointments to serve two years and three of their appointments to serve one
year. The city manager shall designate which of his initial nominees are to serve for a
two -year term and which shall serve for a one -year term. Thereafter all appointments
shall be for two years. However, the city council may remove a member at any time by a
vote of the city council in public session.
(c) As the terms of office of the individual members terminate, the city council shall, as soon
as possible, appoint members and/or confirm the city manager's appointment to fill such
vacancies for the new terms. The council, if interim vacancies occur, shall appoint or
confirm the city manager's appointment of a successor for the remainder of the term.
Sec. 2 -321. Rules of procedure.
The planning and zoning commission is empowered to establish its own parliamentary
procedure, provided that such shall not be in conflict with the laws applicable to the commission
or this division.
Sec. 2 -322. Officers.
a. The planning and zoning commission shall elect a chairperson and vice - chairperson at the
first meeting of each year. A person who has served three consecutive terms, whether full
or partial, as a chairperson or as a vice - chairperson is not eligible for reappointment to the
same office until the expiration of at least one year from the date of his last service in
such office.
b. The director of planning and development services shall provide staff to take minutes and
• serve as secretary to the commission.
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• See. 2-323. Meetings.
(a) When proposed developments are properly submitted for review, the planning and zoning
commission shall meet not less than once each month. Meetings shall be held at the
place, time and date stated on the notice of meeting, which shall be posted at city hall.
(b) Meetings shall be conducted in compliance with the V.T.C.A., Government Code, ch.
551, and minutes shall be treated as public records.
Sec. 2 -324. Attendance at meetings.
Any member of the planning and zoning commission who misses three consecutive
regular meetings without valid reason shall be deemed no longer interested in serving, and the
commission shall ask the city council or the city manager, whichever is appropriate, to appoint a
new member to fill the interim vacancy.
See. 2 -325. Quorum; voting.
A quorum shall consist of a majority of the entire membership of the planning and zoning
commission, and any issue to be voted on shall be resolved by a majority of those members
present. The chairperson shall be entitled to vote upon any question, but shall have no veto
power.
Sec. 2 -326. Powers and duties.
The planning and zoning commission shall exercise the following powers and shall be
required to:
(1) Review and recommend to the city council proposed changes in all land
development ordinances;
(2) Study plans and plats of proposed developments and, within legal limits, approve
such that meet all the standards as required by the laws and ordinances regulating
these developments;
(3) Perform all duties and functions as. conferred on a capital improvements advisory
committee by V.T.C.A., Local Government Code, ch. 395;
(4) Recommend to the city council for its action changes in the thoroughfare plan as
well as traffic control devices, regulations and improvements in the city pursuant
to chapters 112 and 122 of this code;
(5) Hear and decide requests for variances and special use permits as submitted under
chapters 114 and 126 of this code pertaining to telecommunications regulation
• and subdivisions;
El
® (6) Develop an action strategy to accomplish the objectives of each element of the
city's comprehensive plan, monitor the implementation of the city comprehensive
plan, develop and submit to the city council recommendations to revise the
comprehensive plan, make at least annual reports to the city council on or before
April 1 of each year as to the status of efforts to implement the comprehensive
plan, and present on or before April 1 of each year for city council action a five -
year strategy for implementation of the comprehensive plan along with an annual
action agenda;
•
(7) Recommend boundaries for various original zoning districts and appropriate
zoning regulations for each district, recommend appropriate regulations to be
enforced therein, make a preliminary report concerning the recommended
boundaries and appropriate zoning regulations for each district, hold public
hearings on the preliminary report, make a final report and submit such report to
the city council, and perform such other functions as conferred on a zoning
commission by V.T.C.A., Local Government Code, ch. 211 and chapter 130 of
this code; and
(8) Perform such other functions as may be duly delegated to it by the city council.
Section 5: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18 -1202 "Definitions" of the Code of Ordinances, City of Baytown,
Texas, is hereby amended, in part, to revise the definition of "Commission," which 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.
Commission means the city's planning and zoning commission as presently constituted, or any
successor commission.
Section 6: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 1 "Generally," Section 21 -101 "Definitions" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended, in part, to revise the definition
of "Commission," which shall read as follows:
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0 CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 1. GENERALLY
Sec. 21 -101. Definitions
Commission means the city's planning and zoning commission as presently constituted, or any
successor commission.
Section 7: That Chapter 114 "Sewer and Water Line Extensions," Article III
"Developments," Section 114 -66 "Application," Subsection (a) is hereby amended to shall read
as follows:
CHAPTER 114. Sewer and Water Line Extensions
ARTICLE III. DEVELOPMENTS
See. 114-66. Application.
(a) Subdivisions. Any owner or developer desiring to develop land as a subdivision and to
install water or sewer lines shall submit his plans and specifications for approval in
accordance with the city's subdivision regulations in chapter 126. Construction of such
lines shall not commence until the plans and specifications have been approved by the
city engineer; the final plat has been approved by the planning and zoning commission;
and a permit issued authorizing such construction.
Section 8: That Chapter 122 "Streets and Sidewalks," Article W "Dedication and
Acceptance of Public Streets," Section 122 -187 "Submission of dedication proposal" is hereby
amended to shall read as follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE IV. DEDICATION AND ACCEPTANCE OF PUBLIC STREETS
Sec. 122 -187. Submission of dedication proposal.
All proposed public street dedications shall be submitted to the planning and zoning
commission for consideration and recommendation to the city council.
Section 9: That Chapter 122 "Streets and Sidewalks," Article IV "Dedication and
• Acceptance of Public Streets," Section 122 -188 "Review and recommendations" is hereby
amended to shall read as follows:
0
0 CHAPTER 122. STREETS AND SIDEWALKS
•
ARTICLE IV. DEDICATION AND ACCEPTANCE OF PUBLIC STREETS
Sec. 122 -188. Review and recommendations.
The planning and zoning commission shall review the location, alignment and width for a
proposed public street dedication. If such complies with the thoroughfare plan, the planning and
zoning commission shall recommend that the city council grant preliminary approval of the
street. If the proposed public street dedication does not comply with the thoroughfare plan, the
planning and zoning commission shall recommend disapproval.
Section 10: That Chapter 122 "Streets and Sidewalks," Article IV "Dedication and
Acceptance of Public Streets," Section 122 -189 "Modification of thoroughfare plan" is hereby
amended to shall read as follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE IV. DEDICATION AND ACCEPTANCE OF PUBLIC STREETS
Sec. 122 -189. Modification of thoroughfare plan.
Under this article, if the street patterns, major street locations, alignments, widths and
cross sections for the area in which the proposed street is located have not yet been incorporated
into the thoroughfare plan or if in the opinion of the planning and zoning commission the
existing thoroughfare plan should be modified, the planning and zoning commission shall make
the appropriate modifications to the thoroughfare plan for submission to the city council.
Section 11: That Chapter 122 "Streets and Sidewalks," Article N "Dedication and
Acceptance of Public Streets," Section 122 -190 "Preliminary approval or disapproval" is hereby
amended to shall read as follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE IV. DEDICATION AND ACCEPTANCE OF PUBLIC STREETS
Sec. 122 -190. Preliminary approval or disapproval.
The city council, after receipt of the recommendation of the planning and zoning
commission and the proposed modifications to the thoroughfare plan if any made pursuant to this
article, shall grant preliminary approval or disapproval of the street and shall approve or
disapprove any modifications to the thoroughfare plan.
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Section 12: That Chapter 126 "Subdivisions," Article I "In General," Section 126 -1
"Definitions" is hereby amended, in part, to revise the definition of "Commission," which 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:
Commission means the city planning and zoning commission.
Section 13: That Chapter 126 "Subdivisions" Article III "Developments," Division 5
"Private Subdivision Development," Section 126 -443 "Petition to convert to private streets,"
Subsection (b) is hereby amended to shall read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION 5. PRIVATE SUBDIVISION DEVELOPMENT
Sec. 126 -443. Petition to convert to private streets.
(b) The commission shall review the location, alignment and width for a proposed private
street. If such complies with this division as well as the thoroughfare plan, the
commission shall recommend that the city council grant preliminary approval of the
private street conversion. I£ the proposed public street dedication does not comply with
the thoroughfare plan, the planning and zoning commission shall recommend
disapproval.
Section 14: That Chapter 130 "Zoning," Article I "In General," Section 130 -1
"Definitions" is amended, in part, to revise the definition of "Zoning commission," to read as
follows:
CHAPTER 130. ZONING
ARTICLE I. IN GENERAL
Sec. 130 -1. Definitions.
For purposes of interpreting and administering the provisions of this chapter, the words
defined in this section shall be given the meanings as follows. All other words shall be given
E
their common, ordinary meanings, as the context may reasonably suggest. If a dispute over the
meaning of a term not defined in this section or over the application of a definition set forth in
this section, the director of planning and development services shall give an interpretation in
accordance with section 130 -413.
Zoning commission means the planning and zoning commission as created in section 2 -316.
Section 15: 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 16: 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 17: This ordinance shall take effect on October 1, 2003.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 1 lth day of September, 2003.
PETE C. ALFARO, 4Qayor
ATTEIST:
GAY . SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMMEZ, S City Attorney
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