Ordinance No. 10,984ORDINANCE NO. 10,984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE III
"DEVELOPMENTS," DIVISION 3 "COMMERCIAL DEVELOPMENTS,"
SECTION 126-382 "PLAT REQUIRED" AND SECTION 126-383
"CONTENTS, PREPARATION AND FILING" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO AUTHORIZE THE DEDICATION
OF A FIRE LANE EASEMENT VIA A SEPARATE INSTRUMENT RATHER
THAN SOLELY ON A PLAT; 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.
Section 1: That Chapter 126 "Subdivisions," Article III "Developments," Division 3
"Commercial Developments," Section 126-382 "Plat Required" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISION
ARTICLE III. DEVELOPMENTS
DIVISION 3. COMMERCIAL DEVELOPMENTS
Sec. 126-382. Plat required.
Before making application for building permit for the erection of any structure on any
tract of land within the city's corporate limits and before receiving plat approval by the planning
and zoning commission for lands in the city's extraterritorial jurisdiction, owner shall file either:
(a) a plat of such land with the commission for its approval in conformance with the
rules of such commission and dedicating thereon fire lane easements for approved
fire access roads and all other dedications and covenants required in this division
when the building is:
(1) Designed for or to be used for occupancy by two families;
(2) Designed for use or occupancy by more than one business, industrial or
commercial establishment; or
(3) Located more than 150 feet from a public street or in conflict with the
major thoroughfare plan; or
(b) a fire lane easement with the planning department for its director's written
approval in conformance with the standards of this division; provided that there
are no covenants or dedications required, other than the dedication of a fire lane
easement for approved fire access roads. The easement must be in a form
approved by the city attorney.
Section 2: That Chapter 126 "Subdivisions," Article III "Developments," Division 3
"Commercial Developments," Section 126-383 "Plat contents, preparation and filing" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISION
ARTICLE III. DEVELOPMENTS
DIVISION 3. COMMERCIAL DEVELOPMENTS
Sec. 126-383. Plat contents, preparation and filing.
(a) The plat required in section 126-382(a) shall accurately describe the entire area or tract of
land upon which the buildings are to be located and shall indicate the location of all
public streets, fire lane easements, buildings, easements and fire hydrants. Such plat shall
be prepared in conformance with the requirements in this division and with rules of the
commission and shall be submitted according to the plat submittal procedure and
requirements. Upon final approval of the commission, the plat shall be recorded in the
map records of the county wherein the land is situated.
(b) The easement required in section 126-382(b) shall accurately describe by a metes and
bounds description the location of the fire lane easement. Such easement shall be
prepared in conformance with the requirements in this division and with rules of the
planning department for the written approval of the planning director. Upon approval by
the planning director, the owner shall tender to the city an amount sufficient for the city
to record the easement; and the easement shall be recorded in the deed records of the
county wherein the land is situated.
(c) Building permits may be issued only upon satisfactory compliance with this division.
(d) If a fire lane is required by this code, the planning and zoning commission may approve a
final plat only if the plat dedicates the required fire lane or if a fire lane easement has
been approved by the planning director and funds have been tendered to the city for the
recording of the same.
Section 3: 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 4: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or 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 5: 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 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 y/fe of the City Council of the
City of Baytown this the 9th day of October, 2008.
ATTEST:
STEPHEN-H. DONCARLOSJVfayor
DARNELL, City Clerk
Arriun/EDASTOFORM:
"■:.f v -a i
INACIO RAMIREZ, SR., City Attorney
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