Ordinance No. 10,771ORDINANCE NO. 10,771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS,"
ARTICLE XIV "LANDSCAPING," SECTION 18-1203 "ELIGIBLE TREES, SHRUBS
AND GROUNDCOVER"; SECTION 18-1204 "LANDSCAPE PLAN
REQUIREMENTS," SUBSECTION (5); AND SECTION 18-1205 "LANDSCAPING
REQUIREMENTS," SUBSECTION (B) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; TO REDUCE THE CALIPER OF THE TREES WHICH MAY
BE PLANTED OR FOR WHICH CREDIT MAY BE GIVEN; AMENDING CHAPTER
18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV
"LANDSCAPING" SECTION 18-1205 "LANDSCAPING REQUIREMENTS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION
TO BE NUMBERED SUBSECTION (F) TO EXEMPT HEAVY INDUSTRY USES
FROM THE OPEN SPACE LANDSCAPING REQUIREMENTS; AMENDING
CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV
"LANDSCAPING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18-1206.5
"VEGETATIVE BUFFER ZONE REQUIREMENTS" TO ESTABLISH VEGETATIVE
SCREENING STANDARDS FOR THE LI LIGHT INDUSTRIAL AND HI HEAVY
INDUSTRIAL ZONING DISTRICTS; CONTAINING 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 THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18-1203 of the Code of Ordinances, Baytown, Texas, is hereby amended to read
as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1203. 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 immediate upon planning and have a minimum 1 XA inch caliper. All shrubs must be a
minimum size of one gallon and be a minimum of 1XA feet in height when planted. Plant height shall be
measured from average grade after planting.
Section 2: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18-1204 "Landscape plan requirements," "Subsection (5) of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1204. Landscape plan requirements.
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:
(5) The location, species and diameter of existing trees having a caliper of 1 Vz inches or
larger. Landscape reserves with numerous trees may be outlined with a description of
existing trees to be preserved; and
Section 3: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18-1205 "Landscaping requirements," Subsection (b) of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1205 Landscaping requirements.
(b) A minimum of one shade tree and four 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 Tree Credit
Section 3: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18-1205 "Landscaping requirements" of the Code of Ordinances, Baytown,
Texas, is hereby amended to add a new subsection to be numbered subsection (f), which subsection shall
read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1205 Landscaping requirements.
(f) The landscaping requirements of this section shall not be required for heavy industry uses in a HI
zoning district.
Section 4: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new section to be
numbered and entitled Section 18-1206.5 "Vegetative buffer zone requirements," which section shall read
as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1206.5. Vegetative buffer zones.
(a) Purposes. The purpose of the vegetative buffer zones required herein is to guard against
incompatible uses in adjacent zoning districts by providing a visual screen, a light barrier, a sound
barrier and some containment of air movement near the ground level. The provisions of this
section shall be construed to accomplish these purposes.
(b) Definition. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
HI zoning district shall mean the HI Heavy Industrial zoning district established in section
130-411 of this code.
LI zoning district shall mean the LI Light Industrial zoning district established in section 130-
411 of this code.
Vegetative buffer zone has the meaning ascribed to it in section 130-1 of this code.
(c) General. The LI and HI zoning districts shall be screened from view of (i) adjacent NC, UN and
MU zoning districts, (ii) an adjacent lot that contains a single-family use and (iii) adjacent HI and
LI districts if a public right-of-way or navigable waterway is adjacent to such HI or LI district.
Such screening shall be accomplished through the use of landscaping materials as required herein.
At least 50% of the shade trees and small trees required shall be evergreens. No more than 50%
of such trees shall be of the same species Such percentages shall be determined on a per lot basis.
(1) LI zoning district. The vegetative buffer zone in the LI zoning district shall be divided
into the following zones:
a. LI Zone 1 shall extend 25 feet inward from the outer boundary of the vegetative
buffer zone, and
b. LI Zone 2 shall extend 25 feet inward from the inner boundary of LI Zone 1.
(2) HI zoning district. The vegetative buffer zone in the HI zoning district shall be divided
into the following zones:
a. HI Zone 1 shall extend 25 feet inward from the outer boundary vegetative buffer
zone;
b. HI Zone 2 shall extend 25 feet inward from the inner boundary of HI Zone 1; and
c. HI Zone 3 shall extend 50 feet inward from the inner boundary of HI zone 2.
(d) Exemption. A vegetative buffer zone shall be exempt from sections 18-1205 and 18-1206.
(e) Landscaping requirements. The landscaping requirements of this subsection are intended to
provide a continuous vegetative screening of the district. The following contain the minimum
standards; however additional plantings may be required to accomplish this purpose.
(1) LI zoning district.
a. LI zone I. The owner shall plant and maintain at least the following in LI zone 1:
1. mixture of small trees and shade trees, which shall be planted every 30
linear feet, 15 feet from the outside boundary of LI zone 1; provided,
however, that no more than 50% of trees may be small trees;
2. 8 shrubs for every 30 linear feet evenly spaced; and
3. groundcover extending for 15 feet measured from the outside boundary
of the LI zone 1, which groundcover shall be maintained in accordance
with article II of chapter 42.
b LI zone 2. In LI zone 2, the owner shall plant and maintain at least one shade tree
every 30 linear feet with centers 15 feet from the inner boundary of LI zone 2.
Such trees shall be offset 15 feet from the trees in LI zone 1.
(2) HI zoning district.
a. HI zone I. 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.
b HI zone 2 The owner shall plant and maintain at least the following in HI zone 2:
1. 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% of trees may be small trees; and
2. 8 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 vegetations to grow naturally.
c. HI zone 3. In HI zone 3, the owner shall plant and maintain the following:
1. at least one shade tree every 30 linear feet with centers 10 feet from the
inner boundary of HI zone 2. Such trees shall be offset 10 feet from the
trees in HI zone 2; and
(0
(g)
2. 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 10 feet from the
trees required in subsection (d)(2)(c)(l).
HI zone 3 shall be maintained so as to allow native trees, shrubs, vines, and other
forms of vegetations to grow naturally.
Credits. Credit may be given or received for preservation of existing trees as follows; provided
that the existing trees are located within the vegetative buffer zone, in good form and condition
and reasonably free of damage by insect, disease or other affliction as determined by the director:
Existing Tree Caliper Tree Credit
Replacements. All persons subject to this section must replace dead landscaping or landscaping
that has been removed by any means and for any reason no later than the next growing season as
specified in the 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.
Section 5: 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 6: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of the 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 effect 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 7: 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 in an amount of not more than
FIVE HUNDRED AND NO/100 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 8: 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 v
this the 13lh day of December, 2007.
f the City Council of Baytown,
.STEPHEN H. DONCARLOS, Mayor
LORRI COdDY, City Clerk
APPROVED AS TO FORM:
d&NAC1O RAMIREZ, Sr., City Att&rney
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