Ordinance No. 11,592 ORDINANCE NO. 11,592
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE VIII "WATERSHED
PROTECTION," SECTION 34-422 "APPLICABILITY AND EXCEPTIONS,"
SUBSECTION (A); SECTION 34-423 "DEFINITIONS"; SECTION 34-428
"VARIANCES," SUBSECTION (B); AND SECTION 34-430 "WATERSHED
PROTECTION MAP ADOPTED BY REFERENCE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO LIMIT THE APPLICABILITY OF THE
REQUIREMENTS THEREIN, AND TO REMOVE THE INCONSISTENCY
CONCERNING THE CITY COUNCIL'S ABILITY TO GRANT VARIANCES;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A PENALTY OF TWO THOUSAND AND NO/100 DOLLARS
($2,000.00); 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 34 "Environment," Article VIII "Watershed Protection," Section
34422 "Applicability and exceptions," Subsection (a) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VIII. WATERSHED PROTECTION
Sec.34-422. Applicability and exceptions.
(a) The provisions of this article shall apply within the boundary limits of the city watershed
protection map. The areas identified on the watershed map are considered to be essential for the
protection of surface water bodies from the effects of point and non-point source pollution,
sedimentation, erosion and increased turbidity and for the improvement of water quality for
existing and future uses by the city, its residents, businesses, visitors and adjacent property
owners.
Section 2: That Chapter 34 "Environment," Article VIII "Watershed Protection," Section
34423 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to remove the
definition of"ETJ" in its entirety from such section.
Section 3: That Chapter 34 "Environment," Article VIII "Watershed Protection," Section
34423 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to amend the
definitions of"surface water body" and "watershed protection zones," which definitions shall read as
follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VIII. WATERSHED PROTECTION
Sec.34-423. Definitions.
The following words, terms and phrases when used in this article, shall have the meaning
ascribed to them in this section,except where the context clearly indicates a different meaning:
Surface water body means and refers to lakes, bays, ponds, impounding reservoirs, streams,
rivers, creeks, estuaries, marshes, inlets, canals and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, navigable or non-navigable and including the beds and banks of all
watercourses and bodies of surface water,that are wholly or partially within the boundary of the city.
Watershed protection zones shall mean those areas identified in the watershed map, which the
city finds to be critical areas for the protection, preservation and improvement of water quality within the
boundaries of the city. An area designated as a watershed protection zone shall include the first 200 feet
from the shoreline of a water body appearing in the watershed map as measured by the mean high water
level for the affected water body.
Section 4: That Chapter 34 "Environment," Article VIII "Watershed Protection," Section
34428 "Variances," Subsection (b) of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 34.ENVIRONMENT
ARTICLE VIII. WATERSHED PROTECTION
Sec.34-428. Variances.
(b) A variance may not circumvent the general purposes and intent of this article. Conditions may be
imposed in the granting of a variance to ensure compliance and to protect adjacent properties and
the public interest. In considering a variance request, the city council must also consider whether
the property owner has any reasonable use of the land without the variance, whether the property
is used seasonably or year round, whether the variance is being requested solely on the basis of
economic considerations, and the characteristics of developments on adjacent properties which
may be affected by a variance.
Section 5: That Chapter 34 "Environment," Article VIII "Watershed Protection," Section
34430 "Watershed protection map adopted by reference" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VIII. WATERSHED PROTECTION
Sec.34-430. Watershed protection map adopted by reference.
For the purposes of this article, the city council hereby adopts the watershed protection map by
reference, which is attached to Ordinance No. 11,592 as Exhibit "A" and incorporated herein for all
intents and purposes. This map shall be automatically amended without further action by the city council
upon annexation and/or disannexation of properties to reflect the city's current boundaries.
Section 6: 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
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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 7: 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 8: 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
TWO THOUSAND NO/100 DOLLARS ($2,000.00). 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 9: 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 Bayto at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vo of the City Council of the City of
Baytown,on this the 241b day of February, 2011.
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�Q � EPHEN H. DONCARLOS,Mayor
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APPROVED AS TO FORM:
.dMACIO RAMIREZ, SR.,Ci ttomey
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