Ordinance No. 12,207ORDINANCE NO. 12,207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING ARTICLE ONE "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.26 "REZONING, SPECIAL USE PERMITS AND ZONING
TEXT AMENDMENTS," SUBSECTION (E) "ADDITIONAL CRITERIA FOR SPECIAL USE
PERMITS," SUBSECTION (4) "INTERPRETATION OF DISTRICT BOUNDARIES" AND
SUBSECTION (6) "SITE PLAN REQUIRED"; ARTICLE TWO "USE DISTRICTS,"
DIVISION I "GENERAL," SECTION 2.02 "INTERPRETATION OF DISTRICT
BOUNDARIES," SECTION 2.03 "CLASSIFICATION OF ANNEXED AREAS "; DIVISION 2
"ZONING DISTRICTS," SECTION 2.04 '- COMMERCIAL ZONING DISTRICTS,"
SUBSECTION (C) "LIVABLE CENTER ( "LC ") "; ARTICLE TWO "USE DISTRICTS,"
DIVISION 2 "ZONING DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING
DISTRICTS," SUBSECTION (B) "URBAN NEIGHBORHOOD ( "UN ") "; AND ARTICLE
THREE "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT
COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS" OF
EXHIBIT A OF ORDINANCE NO_ 11,866 ADOPTED BY THE CITY COUNCIL ON
FEBRUARY 23, 2012; AMENDING ARTICLE TWO "USE DISTRICTS," DIVISION 2
"ZONING DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING DISTRICTS" OF
EXHIBIT A OF ORDINANCE NO. 11,866 ADOPTED BY THE CITY COUNCIL ON
FEBRUARY 23, 2012, TO ADD A NEW SUBSECTION NUMBERED AND ENTITLED
SUBSECTION (1) "OPEN SPACE /RECREATION ( "OR "); AMENDING, IN PART, AR'T'ICLE
TWO "USE DISTRICTS," TABLE 2 -2 "NON- RESIDENTIAL USES," TABLE 2 -3 "NON-
RESIDENTIAL ACCESSORY USE TABLE," TABLE 2 -4 "RESIDENTIAL USES," TABLE 2-
5 "RESIDENTIAL ACCESSORY USE TABLE," TABLE 2 -6 "USE CONDITIONS ";
AMENDING TABLE 3 -1 "PROPERTY DEVELOPMENT STANDARDS" OF EXHIBIT A OF
ORDINANCE NO. 11,866 ADOPTED BY THE CITY COUNCIL ON FEBRUARY 23, 2012;
AMENDING ARTICLE THREE "DESIGN AND COMPATIBILITY STANDARDS,"
DIVISION 2 "OPERATIONAL PERFORMANCE STANDARDS," SECTION 3.08
"STANDARDS" OF EXHIBIT A OF ORDINANCE NO. 11,866 ADOPTED BY THE CITY
COUNCIL ON FEBRUARY 23, 2012, TO ADD A NEW SUBSECTION NUMBERED AND
ENTITLED SUBSECTION (E) "SCREENING "; AMENDING ARTICLE FOUR
"DEFINITIONS" OF EXHIBIT A OF ORDINANCE NO. 11,866 ADOPTED BY THE CITY
COUNCIL ON FEBRUARY 23, 2012, IN PART, TO REVISE THE DEFINITION OF "GAS
STATION MINIMART "; TO CLARIFY THAT STREETS AND RIGHTS -OF -WAY WILL
NOT BE ZONED; TO CHANGE THE ZONING CLASSIFICATION TO NEWLY ANNEXED
AREAS FROM SFE 3'0 OR; TO CLARIFY THAT A DETAILED PLAN IS REQUIRED FOR
PROPERTY ZONED AS A LIVABLE CENTER; TO ALLOW PROPERTIES TO BE ZONED
URBAN NEIGHBORHOOD ( "UN ") AFTER THE INITIAL ZONING OF THE CITY; TO
CREATE THE OPEN SPACE /RECREATION ( "OR ") RESIDENTIAL ZONING DISTRICT;
TO REVISE SPECIFIC PERMITTED USES AND CONDITIONS IN CERTAIN NON-
RESIDENTIAL ZONING DISTRICTS; TO REVISE THE SPECIFIC PERMITTED
ACCESSORY USES AND CONDITIONS IN CERTAIN NON- RESIDENTIAL ZONING
DISTRICTS; TO REVISE SPECIFIC PERMITTED USES AND CONDITIONS IN CERTAIN
RESIDENTIAL ZONING DISTRICTS; TO REVISE THE SPECIFIC PERMITTED
ACCESSORY USES AND CONDITIONS IN CERTAIN RESIDENTIAL ZONING
DISTRICTS; TO REVISE AND CREATE CERTAIN USE CONDITIONS; TO ADD
PROPERTY DEVELOPMENT STANDARDS FOR THE OPEN SPACE /RECREATION ( "OR ")
RESIDENTIAL ZONING DISTRICT; TO ADD SCREENING STANDARDS; AND TO ADD
THE OPEN SPACE / RECREATION ( "OR ") RESIDENTIAL ZONING DISTRICT TO THE
COMPATIBILITY STANDARDS; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00) FOR REGULATIONS GOVERNING
FIRE, SAFETY, ZONING OR PUBLIC HEALTH OR SANITATION AND A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00) FOR ALL OTHER
VIOLATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Article One "General," Division 3 "Administration and Procedures,"
Section 1.26 "Rezoning, special use permits and zoning text amendments," Subsection (e) "Additional
Criteria for special use permits," subsection (4) "Interpretation of district boundaries" of Exhibit A of
Ordinance No. 11,866 adopted by the City Council on February 23, 2012, is hereby amended by adding a
new subsection e, which subsection shall read as follows:
Article One. General
Division 3. Administration and Procedures
Sec. 1.26 Rezoning, special use permits, and zoning text amendments.
(e) Additional criteria for special use permits. The planning and zoning commission
may recommend and the city council may adopt other conditions on any special
use permit application that are needed to protect the public health, safety and
welfare, including, but not limited to, hours of operation and additional landscape
or parking requirements.
(4) The following uses identified in table 2 -2 "Use Conditions" require the
issuance of a special use permit:
Recreational vehicle parks
Section 2: That Article One "General," Division 3 "Administration and Procedures,"
Section 1.26 "Rezoning, special use permits and zoning text amendments," Subsection (e) "Additional
Criteria for special use permits," Subsection (6) "Site Plan Required" of Exhibit A of Ordinance No.
11,866 adopted by the City Council on February 23, 2012, is hereby amended to read as follows:
Article One. General
Division 3. Administration and Procedures
Sec. 1.26 Rezoning, special use permits, and zoning text amendments.
(e) Additional criteria for special use permits. The planning and zoning commission
may recommend and the city council may adopt other conditions on any special
use permit application that are needed to protect the public health, safety and
welfare, including, but not limited to, hours of operation and additional landscape
or parking requirements.
(6) Site Plan Required. All applications for a special use permit shall be
filed with the director. The application shall be accompanied by a site
plan which, along with the application, will become a part of the special
use permit, if approved. The accompanying site plan shall provide the
following information:
a. For recreational vehicle parks
i. General layout of the development; and
ii. Number of recreational vehicle stands; or
b. For all other developments requiring a special use permits:
i.
Data describing all processes and activities involved
with the proposed use;
ii.
Data showing compliance with the conditions listed in
table 2 -2 "Use conditions ";
iii.
Site plan showing lot size and boundaries drawn to
scale;
iv.
The location of each existing and proposed building and
structure in the area covered by the site plan and the
number of stories, height, roofline and gross floor area
of any such building or structure, walls, fences and
buffering. All items on site plan shall be dimensioned;
V.
The location of existing natural and manmade storm
water facilities and significant natural features;
vi.
Proposed wastewater facilities and points of discharge;
vii.
Proposed landscaping and screening buffers;
viii.
The location and dimensions of all curb cuts, public and
private streets, parking and loading areas, pedestrian
walks, lighting facilities, and outdoor trash storage
facilities;
ix.
Traffic impact analysis, unless the applicant secures a
written waiver from the city engineer stating that the
proposed use will have no significant impact on the
city's traffic system; and
X.
Anticipated permits required regarding pollutants,
wetlands and hazardous materials.
Section 3: That Article Two "Use Districts," Division I "General," Section 2.02
"Interpretation of district boundaries" of Exhibit A of Ordinance No. 11,866 adopted by the City Council
on February 23, 2012, is hereby amended to read as follows:
Article Two. Use Districts
Division 1. General
Sec. 2.02 Interpretation of district boundaries.
(a) Generally. This section shall govern interpretations regarding the location of
zoning district boundaries shown on the official map.
(b) Boundaries following property lines. District boundaries shown as approximately
following property lines shall be construed as following such property lines.
(c) Boundaries following right- of -tivay lines. District boundaries shown as
approximately following right -of -way lines of a street, highway, alley, railroad or
other identifiable boundary shall be construed as following such right -of -way line
or identifiable boundary.
(d) Boundaries not follotiving identifiable features. On unsubdivided land or when a
district boundary follows no identifiable feature, the location of district
boundaries shall be determined by using the map scale appearing on the official
map, unless the district line is indicated by dimensions printed on the official
map, in which case the printed dimensions shall control.
(e) Streets and rights -of -way. Streets, alleys, rights -of -way, navigable waterways,
and other public ways will not be zoned and shall not affect district boundaries.
(f) Street abandonments. Whenever any street, alley or public way is abandoned or
vacated by official action of the city council, the districts adjoining each side of
such street, alley or public way shall be automatically extended to the centerline
of such abandonment or vacation, and all area included in the abandonment or
vacation shall be subject to the regulations of the extended districts.
(g) Uncertainties. Where existing physical or natural features contradict those shown
on the official map or when any other uncertainty exists, the location of district
boundaries shall be determined by the director.
Section 4: That Article Two "Use Districts," Division 1 "General," Section 2.03
"Classification of annexed areas" of Exhibit A of Ordinance No. 11,866 adopted by the City Council on
February 23, 2012, is hereby amended to read as follows:
Article Two. Use Districts
Division 1. General
Sec. 2.03 Classification of annexed areas.
Any land which comes under the jurisdiction of the city because of its annexation to the
city shall be classified into the OR district unless the owner or majority of owners of the
subject property files rezoning application, in which case such property shall be assigned
a district classification in accordance with the amendment procedures of this ULDC.
4
Section 5: That Article Two "Use Districts," Division 2 "Zoning Districts," Section 2.04
"Commercial zoning districts," Subsection (c) "Livable Center ( "LC ")" of Exhibit A of Ordinance No.
11,866 adopted by the City Council on February 23, 2012, is hereby amended to read as follows:
Article Two. Use Districts
Division 2. Zoning Districts
Sec. 2.04 Commercial zoning districts.
These districts are intended to implement and correspond to the comprehensive plan's
future land use map designations and descriptions. The following districts are
established:
(c) Livable Center ("LC'). This district is intended to accommodate a "planned in
advance" mixed use center, which is either vertically or horizontally integrated
and includes a planned variety of living, working, educational and entertainment
options and which is developed in accordance with a detailed plan.
Section 6: That Article Two "Use Districts," Division 2 "Zoning Districts," Section 2.05
"Residential zoning districts," Subsection (b) "Urban Neighborhood ( "UN ")" of Exhibit A of Ordinance
No. 11,866 adopted by the City Council on February 23, 2012, is hereby amended to read as follows:
Article Two. Use Districts
Division 2. Zoning Districts
Sec. 2.05 Residential zoning districts.
(b) Urban Neighborhood ( "UN "). This district is a mixed use residential and
limited commercial district with a density conforming to the zoning code adopted
in 1995.
Section 7: That Article Two "Use Districts," Division 2 "Zoning Districts," Section 2.05
"Residential zoning districts" of Exhibit A of Ordinance No. 11,866 adopted by the City Council on
February 23, 2012, is hereby amended to add a new subsection which shall be numbered and entitled
subsection (i) "Open Space /Recreation ( "OR ")," which subsection shall read as follows:
Article Two. Use Districts
Division 2. Zoning Districts
Sec. 2.05 Residential zoning districts.
(i) Open Space /Recreation ( "OR'). This district provides for large open areas,
private and public recreation areas, and a holding zone for newly annexed areas.
Section 8: Thal Arlicle Two "Use Distriets," Table 2-2 -Non-residential kises" of' Exhibit A
I
of'Ordan o.
ince N 11,866 adc)pted by the City Council ml February 23, 2012, is hereby amended, in part,
to read as f'ollows:
,Article Two. Use Districts
Table 2-2. Non-fireside nfial uses.
... .. ...... I - i--
Ics
clin,
. ...... .. ]
. ..... .... ........ ....
1) PC
. . . .......
6
. ..... ....... .. ....... . . A' 7'
Repair business ,,i
Retail
General I 11 � PC 1`1 ti 1) k PC I P I I AM A47
FRIck stop l'K A, 11,
I . ............. . ... . . . .. .. .. .. .. ... .. ....... L , I "� I-
Section 9: That Article Two *'[.,)se Districts," Table 1-3 "Non-residential accessory use
table" ol'Exhibit A of'Ordinaace No. 11,866 adopted by the City Council on February 23, 20 12, is hereby
ainended, in part, to read as t'ollows:
Article Two. Use Districts
'rable 2-3. Non-residential accessory use table.
--------- - -- -
All............. . . .. .... ...
Section I W Tha( Article Two, **[Jse Districts," 'Fable 24 "Residential ws'es" of' Bhihil A of,
Ordinance No. 1 1,866 adopted by the City Council on February 23, 2012, is hereby amended, in part. 10
read as follows:
article rwo. use vistricts
Table 2-4. Residential uses.
Agriculture PC . B3
..... ....
N Imme f . . . . ....... .. . ....... .. .. . ....... . .. ... ... ...
. 4 1 a - 1 11 I — ------ --
VA
PUbliC park 1 1, 1, q 1, 1, p
Section 11: Tha( Article Two "Use Districts," Table 2-5 "Residential ncessory use tablc- ol'
Exhibit A of ()rdinancc No. 11,866 adopted by the Oly C"ouncil on February 23, ?x)12.. is hereby
amended, in part, to read as tollows:
Article Two. Use Districts
Table 2-5. Residential accessol-Y Ilse lable.
B23_
. . . .......
r
. .. .
Ban ......... ..
..........
. ..... . . ..
011-Sile Storag e of a
....
. .....
...... ......... .
-
- - ---- -----
.. . .. .. .. .
personal pleasure
boat or recreational
Vehicle
PC
P(-.,
PCI
PC
P('
PC
1122
POOL 11001 hOLlse,
hot tub and their
- —
—
1)
------- --- -
p
11
p
p
1)
1)
K,
. . . .......
B23
Privatc open space
PC'
PC
PC
I
P(,,
PC
K"
11c
PC
PCI
pc
P(,
131:3, 1123
Private 1-cereation
..... ..... .. ..
. . ......
space
`
,
11
1c
IT
C,
J)l
1 l
c
11c,
K .
Q
Stables
.... . ... ...
PC
1316, B2 3
. .. .......
Slot-age I'milding
P(,,
1121
1..........m
S taaclio
PC"
p(,
11cl,
. .. .....
. ... . . .. .. .....
..
....... .. .. . ........ ..
.
1 310
Sports court
p
1)
11
1)
1)
1)
13 23
— ---------
-- .... - , .,-
-,-,
- — —
- - ----------
m
Section 12: That Article Two "Use Districts," Table 2-6 -Use conditions- of Exhibh 1% of
(AdVatwe No. 11,866 adopted by We City (Muned on February 23. 211I2, is hereby ame"ed. in part, to
read as Wows:
ArlicleTwo, Use Districts
'rable 2-6. Use conditions.
(a) Mug establidunwits shall not exceed 10,000 square let in
',a (i I I g building sive of sating and food prepanation area inchiding
9 NSC ruslMoms,
uslutblishments, all (b) Fating esMblisl-uncrits skill be located oil as collector street or
lri ... ....... .. . . . . . . . . . . . . . . . .. lacr I sit`r I i t) r I
....... ... . .... ....
(a) Gas station ininknart skill not. exceed 10,000 square lVel ill
building size.
14 Gas station rnhArriart NSC (b) Gas station nihiin-lan is allowed only if located oil arterial
sirens and or on as collector street at its intersection "ith an
arterial strect.
. . . . ......... . .... . . ................. .
�,iejleral i,- eneral ��h"'ifi-uot exceed . . ........ -- ----
28 (Mice NBC.„ ACT Office shall not exceed 10,000 S(JWaU-C fcCI in bLlilkfill�,' size in NSC
I I � Office shall not exceed 4MM) sonre feet in b&WhW size in ME-
31
IN
Recreational vehicle
park
RUM Eq&pmml
storage anti research
AcMdes
1411, GC'
AVILI GC
If
(a) Recreational vehicle pals shall lie separated from all a(,ljaceru
LISCs by opaque screening,
(b) Pvopwy not sid1jea to as valid recreational vehicle pant
opetating license piwmant to chapwr 58 on 1011ective chw
nust have an appraved special use permit prior to receivinga
bilikling permit.
Q) property not Qjcarto as Aid rew-earth: nd vehicle park
operating license pwourim to chapter 58 on jenwive date
mum be as minimum or 5 acres in sue,
(a) Medical eqidpinent must be totally oickwal within a b0klirig.
(b) Nca outdoor storage of llledical equipment.
(c) Storage does M include hwincration or other Arms of
destruction bill only Storage,
(d) Medical research facilities shall be located only on the same lot
with as hospital or on the same campus as a hospital and shown
on a detailed plan nicoing the requirenients of section 2.08, (d),
which must be aMwowd aarnrl administered in accordance with
section 2.08.
(,I) New dwelling units are allo"vd in NV vvhmv the reddavid lot
provides ain open space setback of 211 Icet Boni any adjacent,
existing rieuia icsielcrrtiarl Ilse.
(b) New residential subdilvisions pwposed in MLJ vKH ony be
approved where the subdivision is rezoned to an appropriate
residential zoning district,
(c) I)wdlkg units are allowed in ACF' l'ollowing the standards set
US in this ULDC,
(d) Live-work uses inay be located in aarr ACE district
i, behind as business oil its first floor as long as
the exterior wall of the residential area is not along
Texas Avenue;
the exterior wall of the coIrtmercial me and We pdninry
eninince to the connnercial use is alongTexas Avenue;
and
MU, ACF, tile covillnel-cial use Occupies at least 251,u ol'the area of
411 Dwelling Unit L(1, GC. the hi-st floor; and
Ll. III ii. abcmv the )first Hoor wlierc die residenthl unit has flontage
(:)it Texas Avenue.
(e) When as niixed-use building fi-onts oil Texas Aventle ill tile
ACE dkukq a residenthil use is allowed onlj
no residential dwelling unit oil the first Iloor. has ai door
opening Onto the priniary street,
less than 50% of' the iiiixed-tise buildiq,s trontage oil
the first iloor along as priniary street is used 1'or
residential dwelling unit(s)" and
the rnixed-use buddhg is mA new comtmoism; ot
ii. irthe reskiential unit is above the ground floor.
Dwelling unHs are alknved in IT in cases in which they are
allowed in tile approvcd detailed plan.
(g) A dwelling unit is allowed in GC, L[ and III as an amemory
- Or ern site secL!
aije!jjianagSll ic i t P1.I R �s
- -- ------ - . . . use !
.... .. ......
Only allowed on a lot that has firontag,,c oil cither liflerstate 10 or
46 Tmck Siop GC"
11rhoulpSon Road and is conipletely located within a 2,000-floot
radius nicastued Boni the centerline intersection of Inteniale 10
and
.. . ............ . ..
No new cons I ruc t ion building perinit shall be issued 1`61- a structure
All uses allowed in LC "thin Lk dWrict unless all approved detaHed Wan meeting Me
I,C requirerrients specified in section 2.08 has been �approvcd it)
with such section.
. . ........ .. .... .. ..
In
IL lid: esWentiall Catygorls
Section 13: Article Three "Design and Conipatibility Stanclards," Division I "Properly
L)eve lopinent Starickird: s," Table 3-1 'Troperty developnient standards" of' Exhibit A of' Ordinance No.
11166 atopWd by the City Council on FeRuary 23, 2012, is hereby arnended to read as follows:
Article Three. Designand Cornpatibillity S(an(fiards,
Division 1. Property Develolmient SUmdards
TaWe 34. PnIqlarly developnien! slandards.
a bIn or
() lAcept bunss, e a111 acce"ory suactures on a imm of'
land niust not exceed 75 percent of the gross SCILKIre fadalralt 1 01'
All, where
the prinlary structure on the sanie lot.
2 Accessory SIrUCtUrCS
permitted
(b) Re'sidontial, accessory stnicanvs are allowed to re air hi non-
residential zoning, districts as lion-confornling uses only it tile
SIRICILIre is ail aCCeSSOryr to an eXiSling. lion-cold'ovining
(a) Any agriculture function involving allilrials sliall be al least
S11E. SF 1,
100 flet froni ail, adjacent residential property line.
3 Agricishure
SI-2, (W
(b) Any agents causing noxious odors shall not lie located closer
_dIwI 100 lbet Orn at,; adj acent residential
. ....... . .
. . ........ . . . . .......
(a) Density nlay imm exceml 10 units per acre.
SinWe4hinily
17
N4 F I
(b) Whed to developiricrils, ofat least 10 Llllik
detached
ACY
(c) No front on]"exas Avenue.
Fwo-finllily
SF2
(a) Mirshrium derisky allowed AM! be 6 units per amv.
18
dwelling dUlIlCX
�ati
ACT
. .........
(b) Flo two —fain dwdling unit shall front on Texas Avernie.
. . ......... .
(,I site storage or a
Personal pleasure boat or recrcational vehicle Inust be oulside of,
personal pWasure
A14 m0cre
We rmr and side setbacks For the specific zcmiing category and
boat or reercaiional
perniitted
suwcd in accorclance to chaluer 94 which requires such to be on all
. . . . ..........
13CI"411 -1 a I)Llildill PCnnh is issued for a structure other than al fence,
gazebo, or storage shed less ban 200 square feet to a person \Nho is
All uses in die OR
23
I�D R
not a go Vern nic III's l entity, Such person inust subillit detailed Plan
disnict
mewirig Me mcpNerrieras of section W (dy wlAdi nuiva be
aumoved and administemd in mcordaiwe w4h sudon 2.08.
Section 13: Article Three "Design and Conipatibility Stanclards," Division I "Properly
L)eve lopinent Starickird: s," Table 3-1 'Troperty developnient standards" of' Exhibit A of' Ordinance No.
11166 atopWd by the City Council on FeRuary 23, 2012, is hereby arnended to read as follows:
Article Three. Designand Cornpatibillity S(an(fiards,
Division 1. Property Develolmient SUmdards
TaWe 34. PnIqlarly developnien! slandards.
Minimum Interior Side
7S'
5
5
0
5
1
1
Setback
Minimum Sr ` 't , CIL
10
15
25
10
0
2-5
50
2.5
,""0
Set Ck
Maximum I leight (ill feet)
40
35
60
60
60
50
60/75
5
Percent Maximum Lot
Coverage
90
90
75
75
100
90
90
50
L
Mininlual Lot Frontaoc
t,
50
6
6O
Variable
25
60
60
25
ReqUITed (1111car feet)
7 ........ .........
Minimum Lot Size (square
li,
43,560
See Tb.
See Tb.
Sec Tb.
7
See Tb.
1,25 AC
5,400
5,400
Feel)
1 1
2-1
2-1
2-1
1
Minimum Front Setback
25
15
15
20
25
15
15
li
Miniinum Rear Setback
I
10
1
10
10
1
1
1
Minimum Interior Side
1
5
5
Z. 5
15
15
5
5
Setback
Mininlum Street Side
2) 5
15
15
20
25
2,5
10
to
Setback
Maximum I leighl (ill feet)
50
35
35
35
io
60
35
Percent Nfinimum Lot
50
()0
60
50
70
80
60
70
Coverage
Minimum Lot Frc,)ntagc
125
75
25
20
60
50
50
Required (linear feet)
-5
ctt Flag lots are permitted in this
district that
klo not incet the millillIUM
lot fi-ontage
required sub iiect tca
the provisions
()t'
Section 3.01, subscok'm (e).
Section 14: That Article Three "Design and Compatibility Standards," Division 2
"Operational Perf'orniance Standards," Section 3.08 "Standards" of 11"Ahibit, A of' Ordinance No, 11,866
adopted by (11C City' COLHICil 011 F'ChRUIry 23, 2012, is hereby amended to add as new subsection Miich
S11811 be IlUmbered and entitled subsection (c) "Screening," which subsection shall re'ad as tollows:
Article Three. Design and Compatibility Standards
Division 2. (tpenational Performance Standal'AN
See. 3.08 Standards.
Under this division, file Following) standards shall apply:
(e) Screenhigy, Non-residential and nulltilamil), residential development, including
olT.Street parking areas associated with such developments, shall be screened
firom view ot'ad.jacent single-family or dUpleX use and any property zoned SFE,
SH, SF2, or OR. Such visual screening sh".111 be accomplished till-mlgh the Ilse
of'ollaclue 1'ence mectill'g, the requironnents ot'division 2 oi'ariicle X of'chaliter 18,
m
pertaining to buffer fencing, along the lot line that is adjacent to the single- family
or duplex use or property zoned SFE, SFI, SF2 or OR. Mechanical equipment,
outdoor storage areas and refuse collection areas shall be completely shielded
from view of adjacent single- family or duplex uses, scenic corridors or property
zoned SFE, SFI, SF2 or OR by an opaque fence or wall made of material
specified in division 2 of article XII of chapter 18 that is at least one foot taller
than the site feature being screened from view, provided this shall not be
interpreted as requiring screening, fences, or walls to be taller than ten feet.
Fences, walls and buffers must comply with all other requirements of the ULDC.
Section 15: That Article Three "Design and Compatibility Standards," Division 5 "District
Compatibility Standards," Section 3.14 "Compatibility standards" of Exhibit A of Ordinance No. 11,866
adopted by the City Council on February 23, 2012, is hereby amended to read as follows:
Article Three. Design and Compatibility Standards
Division 5. District Compatibility Standards
Sec. 3.14 Compatibility standards.
The following additional standards are applicable to property that is located at the
boundary of two or more zoning districts. The following standards are also applicable to
the portion of the LI or HI boundary that is within 300 feet of the referenced zoning
district. The more intense new non - residential or multifamily use shall implement the
applicable compatibility standards before a certificate of occupancy or completion will be
issued.
(a) Medium density mixed residential (MFI). New development that is zoned MFI
and located adjacent to a property zoned NC, UN, SFE, SFI, or SF2 shall meet
all requirements of the property development standards table in article three,
division 1 of the ULDC and install a 6 foot tall opaque screen between any
property zoned OR, NC, UN, SFE, SFI or SF2.
(b) Mir! -rise density mixed residential dwellings (MF2). New development that is
zoned MF2 and located adjacent to a property zoned NC, UN, SFE, SFI, SF2 or
MFI shall meet all requirements of the property development standards table in
article three, division 1 of the ULDC, install a 6 foot tall opaque screen, and
provide a minimum of a 20 -foot open space between any property zoned OR,
NC, UN, SFE, SFI, SF2 or MFI. Any building over 40 feet in height also shall
comply with the residential proximity slope in section 3.12(c)(3) of the ULDC.
(c) High density residential chvelling units (MF3). New development that is zoned
MF3 and located adjacent to a property zoned NC, UN, SFE, SFI, SF2, MFI, or
MF2 shall meet all requirements of the property development standards table in
article three, division 1 of the ULDC, install a 6 foot tall opaque screen, and
provide a minimum of a 20 -foot open space between any property zoned OR,
NC, UN, SFE, SFI, SF2, MFI, or MF2. Any building over 40 feet in height also
shall comply with the residential proximity slope in section 3.12(c)(3) of the
ULDC.
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(d) Neighborhood Serving Commercial (NSC). New development that is zoned NSC
and located adjacent to a property zoned OR, NC, UN, SFE, SFI, SF2, MFI or
MF2 shall meet all the requirements of the property development standards table
in article three, division I of the ULDC and install a 6 foot tall opaque screen
between any property zoned OR, NC, UN, SFE, SFI, SF2, MFI or MF2.
(e) General Commercial (GC). New development that is zoned GC and located
adjacent to a property zoned OR, NC, UN, SFE, SFI, SF2, or MFI shall meet all
the requirements of the property development standards table in article three
division 1 of the ULDC, install a 6 foot tall opaque screen and provide a
minimum of a 20 -foot open space between any property OR, NC, UN, SFE, SFI,
SF2, or MFI. Any building over 40 feet in height also shall comply with the
residential proximity slope in section 3.12(c)(3) of the ULDC.
New development that is zoned GC and located adjacent to a property zoned
MF2 or MF3 shall meet all the requirements of the property development
standards table in article three, division 1 of the ULDC and install a 6 foot tall
opaque screen between any property zoned MF2 or MF3. Any building over 40
feet in height also shall comply with the residential proximity slope in section
3.12(c)(3) of the ULDC.
(f) Mixed Use (MU). New development that is zoned MU and located adjacent to a
property zoned OR, NC, UN, SFE, SFI, SF2, MFI, MF2, MF3 or NSC shall
meet all the requirements of the property development Standards table in article
three, division 1 of the ULDC, install a 6 foot tall opaque screen and provide a
minimum of a 20 -foot open space between any property zoned OR, NC, UN,
SFE, SFI, SF2, MFI, MF2, MF3 or NSC. Any building over 40 feet in height
also shall comply with the residential proximity slope in section 3.12(c)(3) of the
ULDC.
(g) Light Industrial (LU). New development that is zoned LI and located (i) adjacent
to a property zoned OR, NC, UN, SFE, SFI, SF2, MU, ACE, LC, MFI, MF2,
MF3, NSC or GC; (ii) adjacent to a lot that contains a single- family use; (iii)
adjacent to a public right -of -way designated as an arterial or collector on the
city's adopted thoroughfare plan; or (iv) a navigable waterway shall meet all the
requirements of the property development standards table in article three,
division 1 of the ULDC and provide a minimum 200 -foot building setback
between any property that is (i) zoned OR, NC, UN, SFE, SFI, SF2, MU, ACE,
LC, MFI, MF2, MF3, NSC or GC; (ii) a lot containing a single - family use; (iii) a
public right -of -way designated as an arterial or collector on the city's adopted
thoroughfare plan; or (iv) a navigable waterway. Within the setback a 50 foot
open space, a 50 foot vegetative buffer and a 6 foot tall opaque screen shall be
installed between any property zoned OR, NC, UN, SFE, SFI, SF2, MFI, MF2,
MF3, NSC or GC. Any building over 40 feet in height also shall comply with the
residential proximity slope in section 3.12(c)(3) of the ULDC.
(h) Heavy Industrial (HI). New development that is zoned HI and located (i)
adjacent to a property zoned OR, NSC or GC; (ii) adjacent to a public right -of-
way designated as an arterial or collector on the city's adopted thoroughfare plan;
or (iii) adjacent to a navigable waterway shall meet all the requirements of the
property development standards table in article three, division 1 of the ULDC,
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and provide a minimum 300 -foot building setback between (i) any property
zoned OR, NSC or GC; (ii) a public right -of -way designated as an arterial or
collector on the city's adopted thoroughfare plan; or (iii) a navigable waterway.
Within the setback a 100 -foot vegetative buffer and a 6 foot tall opaque screen
shall be installed between any property that is (i) zoned OR, NSC or GC; (ii) a
public right -of -way designated as an arterial or collector on the city's adopted
thoroughfare plan; or (iii) a navigable waterway. Any building over 40 feet in
height also shall comply with the residential proximity slope in section 3.12(c)(3)
of the ULDC.
New development that is zoned HI and located adjacent to a property zoned LI
shall meet all the requirements of the property development standards table in
article three, division 1 of the ULDC, provide a minimum 200 -foot building
setback between any property zoned LI. Within the setback a 50 foot open space,
a 50 foot vegetative buffer and a 6 foot tall opaque screen shall be installed
between any property zoned LI. Any building over 40 feet in height also shall
comply with the residential proximity slope in section 3.12 (c)(3) of the ULDC.
HI zoned property is not permitted to be located adjacent to OR, NC, UN, SFE,
SFI, SF2, MU, ACE, LC, MF1, MF2 or MF3 zoned properties.
Section 16: That Article Four "Definitions" of Exhibit A of Ordinance No. 11,866 adopted
by the City Council on February 23, 2012, is hereby amended to revise the definition of "gas station
minimart," which amended definition shall read as follows:
Article Four. Definitions
The following words, terms and phrases, when used in this ULDC, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning
Gas station minimart means a facility of less than 10,000 square feet in building size that is associated
with the sale of gasoline products, that also offers for sale prepackaged food items and tangible consumer
goods, primarily for self - service by the consumer. Hot beverages, fountain -type beverages, and pastries
may be included in the food items for sale, but food items that are prepared or individually proportioned
on the premises shall be prohibited. The facility may be associated with another use but may not include
automobile repair or service of any kind.
Section 15: 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 TWO
THOUSAND AND 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 16: 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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inconsistenev and in aH other mqvcts this ordinance shall be cumulalive ol'other ordinances regulating
and govendng the subjccl matter covered by this ordinance.
Section 17: it any Kovisions, section, exceplK sutmect0n, pamgmph, semetwe, elm se or
Phrase of this ordinance or (he application of same to any person or set ofeircuinstances, shall for any
reason be held LHIC01IStitUtiOnal, Void Or invalid, SLICII invalidity shall not Met the Widity of the
remahing provisions of this ordMane or the application to other penons or sets orchvumsumces and U)
this end aril provisions of this ordinance are declared to be sevvrable.
Section 18: This ordinance and Ordinance No. 11,866, notwithstanding anything Contained
therein to the contrary, shall take effict on the effective date of the zoning map of' the entire city,
huplementing the Unified Ijund Development Code originally aclopted in 0rdii ance No. 11,866 and as
amended hercin (the -11110cuive flute'), The C"ity, Clerk is hereby directed it.) ' ',c'� notice hercol'by causing
Ac cqmkn of this ordinance to be publkhed hi the official ne"spaper ordid City of Baytown at least
twice widiin ten (10) days after passage of this ordinance. K,!"!,
INTRODUCTI), READ and PASSED by the ann-mative vot'g,"o IIC Co)l COLInCil 0fIhC (,'oy 01'
Baytomm, IQ the 140 day of March, 2013.
EPFIFN 11. 1)ONM1 I-0S, Mapr
'y
AT'
APPMVET) AS '0 FORM:
NAMCU) RANCRUT91 city err torney
9r K; rc w I I n e ", (' m t y ('o ki i ( �W ( 41 n a n a s Q 0 1 A N I a v I 1 14 A Id m c d la I )C A m = & m m 0 n t ( Mh mm u h mm C A m i A =n & d 3 H I H3 ti tx
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