Ordinance No. 14,406ORDINANCE NO. 14,406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE II "USE DISTRICTS" DIVISION 3 "LAND USE TABLES
AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-3
"NON-RESIDENTIAL ACCESSORY USE TABLE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD "RESIDENTIAL
ACCESSORY STRUCTURES"; AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS" DIVISION 3
"LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE
TABLES," TABLE 2-5 "RESIDENTIAL ACCESSORY USE TABLE" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS"
DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10
"LAND USE CONDITIONS," ITEMS 2, 3, 5, 8, 16, AND 23 OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, AND AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 4. RESIDENTIAL ZONES" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW
SECTION TO BE NUMBERED AND ENTITLED SECTION 3.115
"RESIDENTIAL ACCESSORY STRUCTURES" TO (I) ADD A NON-
RESIDENTIAL ACCESSORY USE FOR RESIDENTIAL ACCESSORY
STRUCTURES; (II) AMEND ZONING DISTRICTS AND CONDITIONS FOR
RESIDENTIAL ACCESSORY USES; AND (III) AMEND AND REMOVE
CONDITIONS RELATED TO RESIDENTIAL ACCESSORY USES;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO!100 DOLLARS ($2,000.00); 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 Appendix A "Unified Land Development Code," Article II "Use
Districts" Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table
2-3 "Non-residential accessory use table" of the Code of Ordinances, Baytown, Texas, is hereby
amended by adding "Residential accessory structures," which table shall be read, in part, as
follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09 Land use tables.
Accessory uses are uses incidental and subordinate to the principal use, located on the same lot
as the principal use and in the same zoning district as the principal use.
Table 2-3. Non-residential accessory use table.
Section 2: That Appendix A "Unified Land Development Code," Article II "Use
Districts" Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table
2-5 "Residential accessory use table" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09 Land use tables.
Accessory uses are uses incidental and subordinate to the principal use, located on the same lot
as the principal use and in the same zoning district as the principal use.
Table 2-5. Residential accessory use table.
Accessory dwelling I PC PC PC I PC PC I PC 131, B2, B 10
Barn P PC PC PC B2, B23
Community building PC PC PC PC PC B5
Family home day care
PC
PC
PC
PC
PC
PC
PC
PC
B2, B8
Garage sale
PC
PC
PC
j
I
I PC
PC
PC
PC
132, B20
Gazebo P P I P I P I P P I P I P P PC B2
Home occupation PC PC PC PC PC PC FPC PC PC PC B2, B10
Laundry building PC PC PC 135
Non-commercial solar PC PC PC PC PC PC PC PC PC PC B2, B 15
energy facilities
E
On -site management
office for multifamily or
PC
PC
PC PC
PC
PC
137
single-family attached
dwellings
On -site storage of a
personal pleasure boat or
PC
PC
PC
PC
PC
PC
PC
132, B22
recreational vehicle
Pool, pool house, hot tub
P
P
P
P
p
p
p
p
p
PC
B2
and their equipment
Private open space
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
132, B 13
Private recreation space
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
B2, B 13
Stables
PC
_FT
I
PC
132B, B 16,
e Storage building
P
P
P
PC
B2
Studio
PC
PC
PC
PC
B2,1310
Sports court
P
P
P
P
P
P
P
P
P
PC
B2
Section 3: That Appendix A "Unified Land Development Code," Article II "Use
Districts" Division 3 "Land Use Tables and Conditions," Section 2.10 "Land use conditions,"
Items B2, B3, B5, B8, B16, and B23 of the Code of Ordinances, Baytown, Texas, are hereby
amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.10 Land use conditions.
This section sets forth the conditions associated with identified land uses in section 2.05.
The conditions expressed in the use table are cumulative of applicable conditions contained
elsewhere in the Code.
j B. Residential Categories
Residential accessory structures are allowed to remain in non -
Residential All, where residential zoning districts as nonconforming uses only if the
2 accessory permitted �a) structure is an accessory to an existing, nonconforming primary
structures residential use.
3
j 3 f Agriculture
5
91
New residential accessory structures allowed in SF2, except
accessory dwelling units, are allowed if the structure is an
(b) accessory to an existing, nonconforming primary residential use.
All residential accessory structures must meet the zoning district
property development standards.
Animals and agricultural uses involving animals are regulated
(a) pursuant to chapter 14 and/or chapter 42, article V of the Code of
SFE, SF I, Ordinances.
SF2, OR Any agents causing noxious odors shall not be located closer than
(b) 100 feet from any adjacent residential property line, public right-
of-way, or public space.
Free standing buildings must be of the same architectural style as
(a) the dwelling units they serve.
Community f All, where (b) Free-standing buildings must be connected by walkways to
rmitted pedestrian areas and parking lots.
building I pe
Parking must be provided in the amount of one space for every
50 residential dwelling units in the complex or one space for
every 50 lots in the subdivision.
Family home I All, where
day care permitted
(c)
There is a maximum of six children, including children of
(a) the family providing day care.
()
b Only those family home day cares that are duly licensed by
the state are allowed.
cBaytown fire department permitting and inspections are
required.
(d) All requirements for a home occupation shall be followed.
Annual renewal of family home day care permit required
(e) with an inspection in advance of renewal.
16 Stable SFE, SF1, Astable may
SF2, not be used for commercial purposes.
MF 1
The minimum lot size for livestock, rabbits, fowl, bees or behives is
one (1) acre.
23 Onsite animals All, where
permitted Animals and agricultural uses involving animals are regulated
pursuant to chapter 14 and/or chapter 42, article V of the Code of
Ordinances.
4
Section 4: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 4 "Residential Zones" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new section to be numbered and entitled Section
3.115 "Residential accessory structures" to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 4. RESIDENTIAL ZONES
Sec. 3.115. Residential accessory structures.
(a) For a tract of land two (2) acres or smaller:
(1) the sum of all barns and stables shall not exceed the gross square footage of the
primary structure on the same lot; and
(2) the sum of all other residential accessory structures shall not exceed 75°,6 of the
gross square footage of the primary structure on the same lot.
(b) For a tract of land larger than two (2) acres:
(1) the sum of all barns and stables may exceed the gross square footage of the
primary structure on the same lot; and
(2) the sum of all other residential accessory structures shall not exceed the gross
square footage of the primary structure on the same lot.
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 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 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 inconsistency. 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 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
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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 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 vote of the City Council of the
City of Baytown, this the 11th day of June, 2020.
ew
B DON CAPETILL45, Mayor
ATT ST:
L TICIA BRYSCH, Clerk
APPROVED AS TO FORM:
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KAREN L. HORNER, Interim City Attorney
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