Ordinance No. 11,419ORDINANCE NO. 11 _419
AN ORDINANCE OF THE CI -1-Y OF BAYTOWN, TEXAS, AMENDING CHAPTER
18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "BUILDING
CONSTRUCTION STANDARDS_" DIVISION 4 =BUILDING AND DEVELOPMENT
PERMITS_' SECTION 18 -126 "SURVEY OR SITE PLAN REQUIRED; ACCESS
MANAGEMENT" OF THE CODE OF ORDINANCES, BAYTOWN- TEXAS;
AMENDING CHAPTER 126 `'SUBDIVISIONS_ -- ARTICLE V "ENGINEERING AND
CONSTRUCTION STANDARDS_" DIVISION 2 "STREETS" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOW-N, TEXAS, IS HEREBY AMENDED BY
ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 126-
644 "ACCESS MANAGEMENT" OF TIIE CODE OF ORDINANCES, BAYTOWN,
TEXAS_ TO ESTABLISH NON - RESIDENTIAL DRIVEWAY SPACING
STANDARDS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
NO /100 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 12egulations," Article II -- Building
Construction Standards_" Division 4 "Building and Development Permits. -- Section 18 -126 -Survey or
site plan required: access management" of the Code of Ordinances of the City of Baytown. Texas, is
hereby amended to read as Ibllow s:
CHAPTER 18_ BUILDINC ;S AND BUILDING REGULATIONS
ARTICLE
11. BUILDING CONSTRUCTION STANDARDS
DIVISION 4. BUILDING AND DEVELOPNENT PERMITS
Sec_ 18 -126. Survey- or site phin required; access management.
(a) .Sru -Vey or site plcm. A survey or site plan rust accompany the application for a building or
development permit with an application plan. i.e., foundation, floor. framing detail, plumbing„
electrical and air conditioning plans. The site plan shall show locations and sizes of all existing
and proposed buildings and additions- distances to all property lines and other structures, size of
easen-ients if any exist. Iocations of existing and proposed utilities and drainage structures and
locations and sizes of drive%vays_ Side«alks must be shown on all site plans in platted
subdivisions. Sidewalk and driveway specifications are available in the inspections division_
(b) _4ccc:ss nuuiage»ie»i. The access management standards set forth in this subsection are
applicable to non - residential developments -within the corporate limits of the city as well as to
non - residential developments vvithin the extraterritorial jurisdiction of the city as provided for in
chapter 126 -644 of this code-
(1) Drivetivay separation requirements.
a. The location of any driveway that will connect to a public street shall be approved
by the city engineer prior to construction based on the requirements of this
section.
b. To reduce the number of conflict points and to facilitate traffic flow on public
streets, driveways shall be placed no closer than the following distances from
existing public streets and driveways, as measured from the centerline of the
existing public street or driveway to the projected center line of the proposed
driveway:
Roadway Classification
Minimum Separation
Freeway/Toll Facility Intersecting a
200', or greater as
Freeway /Toll Facility:
determined by Traffic
As indicated on Thoroughfare Plan
Impact Analysis
Freeway/Toll Facility:
200'
As indicated on Thoroughfare Plan
Major Arterial:
165'
As indicated on Thoroughfare Plan
Minor Arterial:
165'
As indicated on Thoroughfare Plan
Collector:
165'
As indicated on Thoroughfare Plan
Local Street
75'
Cul -de -sac bulb
50'
C. When the separation requirements for non - residential driveways cannot be met
because of the location of existing public streets or driveways, joint access
driveways or access easements across adjoining tracts shall be used. The city
engineer may grant a specific approval for a driveway that does not meet the
minimum separation requirement as noted in subsection (b)(1)(b) of this section
when the design engineer provides documentation showing:
(1) the minimum separation requirements cannot be met due to existing
driveway locations,
(2) joint access cannot be obtained, as verified by a signed and notarized
affidavit from the design engineer stating that joint access cannot be
obtained from adjacent property owners, and
(3) access cannot be obtained to any other public street.
d. When granting a specific approval. the city engineer will indicate the approved
location of the driveway and to the extent possible will maximize the distance
between the new driveway and the nearest public street.
(2) Driveway alignment.
a. On streets classified in the city's thoroughfare plan as collectors, arterials, or
highways that do not contain raised medians within 50 feet of the proposed
driveway, the proposed driveway shall align with existing driveways on the
opposite side of the street and meet the minimum separation requirements from
existing driveways on both sides of the street. For undivided collector streets
within industrial zoned areas. the opposite side driveway separation requirement
may be waived by the city engineer based upon a review of traffic and safety
conditions. Driveways must be aligned with existing median openings. or be
located a distance from the median opening so that a driveway at the median
opening will meet the separation requirements within this section.
b. At an intersection in which one (1) public street terminates at the intersection of a
connecting cross street. a driveway on the cross street in alignment with the
terminating street must safely accommodate the cross section of the intersecting
public street.
(3) Variances to access management requirements.
a. The planning and zoning commission. upon a proper appeal and after a hearing.
may grant a variance to the access management requirements contained in
subsection (b) of this section, upon finding that all of the following conditions
have been met:
1. the minimum separation requirements camlot be met due to existing
driveway locations;
2. joint access cannot be obtained, as verified by a signed and notarized
affidavit from the design engineer stating that joint access cannot be
obtained from adjacent property owners;
3. access cannot be obtained to any other public street;
4. hardship is created if the property owner cannot achieve some relief from
the standards;
5. special conditions and circumstances exist which are peculiar to the
property involved and which are not applicable to others;
6. special conditions and circumstances do not result from the action or
inaction of the applicant;
7. granting the variance requested will not confer on the applicant any
special privilege that is denied by this Code to other property;
8. the variance granted is the minimum variance that will make possible the
reasonable use of the property; and
9. granting of the variance will be in harmony with the general intent and
purpose of this Code and will not be detrimental to the public health.
safety and general welfare.
b. In granting the variance. the commission may prescribe a reasonable time limit
within which the action for which the variance is required shall be commenced or
completed or both. In addition, the commission may prescribe appropriate
conditions and safeguards in conformity with this code. Violation of the
conditions of a variance shall be deemed a violation of this code.
C. A request for a variance must be in writing and filed with the city clerk within 30
days after the decision is rendered by the city engineer. The request must include
the justification for the variance, drawings providing sufficient detail to describe
the request, and traffic data or any other supporting information. Incomplete
requests shall be rejected until all items are addressed by the applicant. An
application for a variance stays all work related to a driveway until such time as
the variance decision is made.
Section 2: That Chapter 126 "Subdivisions." Article V "Engineering and Construction
Standards," Division 2 "Streets" of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended by adding a new section to be numbered and entitled Section 126 -644 "Access management.'
which section shall read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE V. ENGINEERING AND CONSTRUCTION STANDARDS
DIVISION 2. STREETS
126 - 644. Access management.
The access management standards set forth in section 18- 126(b) of this code are applicable to all
non - residential developments within the extraterritorial jurisdiction of the city, which are subject to the
platting requirements of this chapter. Plats for nonresidential developments must be accompanied by a
site plan of the locations and sizes of proposed driveways.
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 /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 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
m-e 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
Baytown, this the 2601 day of August, 2010.
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APPROVED AS TO FORM:
NACIO RAMIREZ. S ity Attorney
RAKarenWileACity CounciROrdinances\20101August 261Access\%ayS.doc
the City Council of the City of
DONCARLOS, Mayor